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MOSES LAKE CITY COUNCIL
August 24,2010
Council Present: Jon Lane,Bill Ecret, Dick Deane, David Curnel,Karen Liebrecht, Brent Reese,
and Richard Pearce
The meeting was called to order at 7 p.m. by MayorLane.
PLEDGE OF ALLEGIANCE:Angus Lee ledthe Council inthe pledge of allegiance.
PRESENTATIONS AND AWARDS
VISION 2020 AWARD
Bill Ecret,Vision 2020 Chair,reminded the Council of the criteria for receiving a Visionary award
and presented the August Visionary Award to the City of Moses Lake's Finance Department
personnel involved in thenewrecycling program.He recognized Nancy Cortez,Jessica Wilkinson,
Christina Bowen,Lauri Kunes, and Ron Cone for answering questions and dealingwiththe public
for this new program.Dave Patterson,Lakeside Disposal,wasalsorecognized for their efforts in
the recycling program.
CONSENT AGENDA
Minutes:The minutes of the August 20,2010 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified bythe
Finance Director as 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
availableto the Council forapproval and is retained forpublicinspection at city hall.As of August
24, 2010 the Council does approve for payment claims in the amount of $333,205.75; prepaid
claims in the amounts of $109,709.19 and $723,767.30;claim checks in the amount of
$3,568,512.58;and payroll in the amount of $54,668.00.
Ordinances - Amend 18.65.178.71 and 20.03 -Housekeeping -2nd Reading:Ordinances were /o'l
presented which amend Chapters 18.65,Manufactured Home Parks,18.71,Recreational Vehicle T^ysY
Parks,and 20.03,Administration.These housekeeping changesare a result ofthe recent adoption
of a new Title 17 entitled "Subdivisions".
Resolution -Accept Water Improvements -Pheasant Point #1 Short Plat:A resolution was ll<3(&
presented which accepts water improvements constructed as part ofthe Pheasant Point #1 Short
Plat.
Resolution -Abandon Easement - Luta Street: A resolution was presented which abandons an /£>/3
easement located in Luta Street adjacent to the Rini Short Plat.
Accept Work -2010 Crack Seal Project:Quality Paving,Inc.has completed work on the2010 /Of //I
Crack Seal Project.This projectconsisted of crack sealing streets, bike paths, and parking lots.
The work should be accepted and the 60 day lien period entered into.
SixYear Street Plan -Set Public Hearing:The Council should set September 28asthedate for //y
a public hearingto consider the Six Year Transportation Improvement Program.
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CITY COUNCIL MINUTES August 24, 2010
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Dr.Curnel,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
GRANT COUNTY NATIONAL CHILDREN'S STUDY
Phillip Butterfield,Research Associate Professor, Dept. of Civil and Environmental Engineering,
from Washington State University,stated that the National Children's Study is beginning inGrant
County.The study is for the purpose of examining the effects of environmental influences on the
health and development of 100,000 children across the US by following them from before birthto
age 21.One thousand of those children will be from Grant County.The goal of the study is to
improve the health and well being of future generations.
There was some discussion by the Council on how the study would be conducted.
REQUEST TO USE RIGHT-OF-WAY -BOARDWALK PLAZA
Action Taken:Mr.Ecret moved that therequest touseright-of-way on East Broadway be brought ^^off the table,seconded by Mrs.Liebrecht,and passed unanimously.(T)
Columbia Northwest Engineering,representing Boardwalk Plaza,requested permission to
incorporate a portion of East Broadway into the parking area for Phase 2 ofthe Boardwalk Plaza
development.The proponent has modified the request and is now requesting the use of 5.51 feet
of right-of-way instead ofthe 9.84'as previously requested.The use ofthe 5.51 feet of right-of-way
willallow Boardwalk Phase 2 development to encroach into the right-of-way the same distance as
Boardwalk Phase 1.
GilbertAlvarado,Community Development Director,provided information showing the locationof
the right-of-way and the encroachment bythe businesses on East Broadway.Healso addressed
the concerns raised by the Councilat the previous meeting where the issue was discussed.
There was some discussion on the use of city right-of-way along East Broadway.
Phil Bloom,ColumbiaNorthwestEngineering,explainedthatinthe late 1990's Maiers Development
began developing both sides of East Broadway.At that time the Council desired to havethe
entrancestothe citylandscaped.It was determined thata 14'wide strip of landscaping would be
developed oneachsideofEastBroadway.Maiers Development installed much ofthe landscaping
and the city maintained it.The 14'of landscaping left a 5.5'of unimproved right-of-way adjacent
to the privately owned property and the Park Plaza Building was allowed to use that area for
parking toavoid an unimproved strip ofland.Several other buildings along East Broadway have
also been allowed to use the unimproved right-of-way.
Bob Fancher,Maiers Development,stated that they would be agreeable to alicense for the use /p
of the right-of-way for all their property along East Broadway.He also recommended that the
phone company be required to underground the telephone lines since there is existing conduit
available.
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CITY COUNCIL MINUTES August 24,2010
There was additional discussion and itwas the consensus of the Council that a license be required
for the use of city right-of-way.
Action Taken:Mr.Deane moved that staff be authorized to prepare a license granting Maiers
Development theuseof 5.5'of city right-of-way adjacent to Broadway Business Park South Major
Plat,seconded by Dr.Curnel, and passed unanimously.
Staffwas alsodirected tocontactotherproperty ownerson East Broadway whoareusingcityright-
of-way without the benefit of a license.
NIGHT WORK -2010 SEWER LINING PROJECT
Michels Corporation is requesting to work between the hours of10 p.m.and 7 a.m.on September
2 in order to pump sewage across Highway 17at Wheeler Road while the sewer main under
Highway 17 is lined.
ActionTaken:Mr.Reese moved thatthe request be granted,seconded by Dr.Curnel,and passed
unanimously.
NIGHT WORK-SEVENTH DAY ADVENTIST CHURCH /'Qy
Robert Sage,Tektoniks Corporation,requested permission to begin construction work between
5:30a.m. and 6 a.m. at the Seventh DayAdventist Churchon Valley Road for the next couple of
months because of the high heat.
There was some discussion and itwas pointed out that the request is vague on days and times.
It was also pointed outthatthe hotweather isaboutoverandthere isa lotof residential lotsinthe
immediate vicinity of this church.
Action Taken:Mr.Pearce moved that the request be granted to begin work no earlierthan 6 a.m.,
for the next two weeks,not including weekends and holidays, provided there are no complaints
about the noise,seconded by Mr.Reese,and passed unanimously.
SIGNS ON CITY PROPERTY -LEE
Angus Lee requested permission to place political signs on city property in the approved locations.
ActionTaken:Mr.Deane moved that the request be granted,seconded by Mr.Reese,and passed
unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -BONDS -SINGLE READING
An ordinance was presented which provides for the issuance and sale of limited tax general
obligation bonds.
i j Jack McLaughlin,D.A.Davison &Co.,explained the process and indicated the city's bond rating
^—was upgraded to an A.The ordinance also includes the bond purchase agreement.
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CITY COUNCIL MINUTES August 24, 2010
Deanne Gregor,K&L Gates,bond counsel,explained the requirements in the bond ordinance and
pointed out that bond closing is scheduled for September 8.
The ordinance of the City of Moses Lake,Washington,providing for the issuance and sale of
limited tax general obligation bonds of the City in the principal amount of $5,925,000 to provide
funds for paying a portion of the costsofconstructing,designing,and furnishing a new Civic Center
building; providing the date,form,terms and maturities of said bonds; authorizing a preliminary
official statement;providing for the disposition of the proceeds of sale;and approving the sale of
such bonds was read by title only.
Action Taken:Mr.Ecret moved that the ordinance be adopted on a single reading,seconded by
Mrs.Liebrecht,and passed unanimously.
The meeting was recessed at 7:19 p.m. and reconvened at 7:24 p.m.
ORDINANCE -AMEND 12.20 -SNOW REMOVAL - 2nd READING
An ordinance was presented which lists the sidewalks and activity trails that the city is to service
and changing the title of Chapter 12.20 from "Snow Removal"to "Sidewalk Service".
The ordinance amending Chapter 12.20 of the Moses Lake Municipal Code entitled "Snow
Removal"was read by title only.
Action Taken:Mr.Ecret moved that the second reading ofthe ordinance be adopted,seconded /I)
by Mr.Reese,and passed unanimously.
/Q<?l ORDINANCE -AMEND 17.24 -IMPROVEMENTS -1st READING
An ordinance was presented which provides authorityto city staff to call for the installation or
completion of deferred improvements or infrastructure.
The ordinance amending Chapter 17.24 of the Moses Lake Municipal Code entitled
"Improvements"was read by title only.
Jim Whitaker,City Attorney,explained thatthe process of re-adopting Title 17 began before the
Council previously amended 17.24.010 toallow staff tocall in covenants for construction ofdelayed
improvements.Therecent re-adoption ofTitle 17 undid that change so it isonce again before the
Council for adoption.
Action Taken:Mr.Ecretmoved thatthe first reading of the ordinance be adopted, seconded by
Mr.Pearce,and passed unanimously.
//?7 RESOLUTION -NUISANCE ABATEMENT -1825 LAKESIDE DRIVE
A resolution was presented which would abate the weed and debris nuisance at 1825 Lakeside
Drive.The property owner was given a Notice to Correct and a Notice ofViolation and Order to
Correct orCease Activity.The city has received no response from the property owner.
The resolution determining that Justin and Ember Anderson are the owners ofcertain real property
within the city;that a nuisance requiring abatement by city forces or forces contracted by the city
exists on such property;and directing the use of such forces to abate the nuisance found was read
by title only.
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CITY COUNCIL MINUTES August 24,2010
Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this
issue. He mentioned that there has been no response from the property owners to any of the
notices provided bythe city and noneofthe nuisanceshavebeen corrected.
ActionTaken:Mr.Reese moved that the public hearing be closed,seconded by Mrs.Liebrecht,
and passed unanimously.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
ACCEPT WORK -2009 LAKESHORE AND PENINSULA RECONSTRUCTION PROJECT ,£/?
Jansen Construction,Inc.hascompleted workonthe2009 Lakeshore and Peninsula Project.This
project consisted of reconstructing onemile of street from the intersection of Peninsula Drive and
Battery Road tothe intersection of Lakeshore Drive and Pommer Street.The work should be
accepted and the 60 day lien period entered into.
i \Todd Voth,1538 Lakeway Drive,objected to the city'srequest for reimbursementsince he had
^-^discussions with the city in 2007 about dedicating 10'of his property on Peninsula Drive for right-of-
way in order for the city to construct thebike path.He statedthatatthattimehewas informed that
by providing the right-of-way on Peninsula Drive he would not be charged for any future
reimbursements onthe property.Heexplainedthe time, effort,and costs he has incurred ingetting
ready to plat the property.
Shawn O'Brien, City Engineer,explained that streets in the Peninsula area were originally
dedicated at a 40'width.As the area developed,the city worked on obtaining additional right-of-
way in order to increase the width of the street and provide for sidewalks and an activity trail.
Property owners who developed their property signed covenants for street improvements at a later
date so that the street could be constructed at one time rather than piece meal over time.Water
and sewer reimbursements are different from the reimbursements for the activity trail.
There was some discussion by the Council and staffwas directed to research the issue and report
back to the Council at the next meeting.
Action Taken:Mr.Pearce moved that the work on the 2009 Lakeshore and Peninsula
Reconstruction Project be accepted and the 60 day lien period be entered into,seconded by Dr.
Curnel,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
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CITY COUNCIL MINUTES August 24,2010
CITY MANAGER REPORTS AND COMMENTS
RECYCLING REPORT
Ron Cone,Finance Director,distributed information on the residential recycling program.The
program has been in operation for three weeks and 44.3%of the total waste stream has been
recycled in those first three weeks.He mentioned that a major problem is garbage in the yard
waste.He explained that letters will be sent to the offenders and if they continue to place garbage
in the yard waste cart,they will either be fined or the yard waste will not be picked up because the
recycle center will either refuse it or the city will not be paid for it.
The regular meeting was adjourned at 9:30 p.m.
ATTEST me,Mayor
Ronald R.Cone,Finance Director
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