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MOSES LAKE CITY COUNCIL
October 12,2010
Council Present:Jon Lane,Bill Ecret,Dick Deane,Karen Liebrecht,Brent Reese,Richard Pearce,
and David Curnel
The meeting was calledto orderat 7 p.m. by Mayor Lane.
PLEDGE OFALLEGIANCE:Mayor Laneledthe Council in the pledgeof allegiance.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes ofthe September 28,2010 meeting were presented for approval.
AcceptWork- Seal Coat Project 2010:Central Washington Asphalt,Inc.completedthe work for
the Seal Coat Project 2010.Thework should beaccepted and the60day lien period entered into.
Resolution-Accept Easement - Beaslev: A resolution was presented which accepts an easement
from Curtis and Sharyn Beasley for access to the Peninsula Lift Station.
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Nuisance Abatement:The Council should set October 26asthe dateto consider resolutions to //^7
abatenuisances at 1230 Broadway,2603 Texas,1114 Cascade,808 Loop,and Lot 15,Block 5,
Capistrano Park.
v~/Fire Labor Agreement:Authorization was requested for the City Manager to sign the agreement /O <V3
with the Fire employees.
ActionTaken:Mr.Pearce moved thatthe Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
TRACTOR AND PAVEMENT ROLLER
The city received three bids for the tractor and three bids for the pavement roller.
Rathbone Sales was the low bidder on the tractor but the equipment proposed does not include
a self leveling bucket which was included inthe specifications because of operational and safety
reasons.Staff recommended that this requirement not be waived.
Action Taken:Mrs.Liebrecht moved that the low bidder be rejected due to an irregularity in their
bid and the bid be awarded to Evergreen Implement in the amount of $45,842,seconded by Mr.
Deane,and passed unanimously.
Itwas pointed that the bids from J F Sahlberg &Co. and NC Machinery did not include the required
.i automatic watering system.Staff recommended that this requirement not be waived.
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CITY COUNCILMINUTES October 12,2010
Action Taken:Mrs.Liebrecht moved that the bids from JFSahlberg and Co.and NC Machinery (|)
be rejected due to an irregularity in their bids and the bid be awarded to Clyde West,Inc.in the '
amount of $34,785,seconded by Mr.Reese,and passed unanimously.
/0/9 TREE REPLACEMENT PROJECT
The city received three bids for the 2010 Tree Replacement Project.This is a small works roster
project.This project consists of removing 27 trees and tree planters in the downtown paver district
and replacing all except one where a new van accessible stall with a curb ramp is to be installed.
There was some discussion on the change in the tree species from locust to maple.
Action Taken:Dr.Curnel moved that the bid be awarded to Advanced Excavation,Inc. in the
amount of $118,727,seconded by Mr.Reese,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/0£0 SIGNS ON CITY PROPERTY -PARADE
The Moses Lake Business Association requested permission to place one 4'x 6'banner sign at
Kwiky Corner to advertise the Ag Parade.The bannerwould be put up on November 19 and taken
down on December 4.
Marianne Bondi,Executive Director,Moses Lake Business Association,stated that the parade will
take place on December 3 and the banner only advertises the parade.
Action Taken:Mr.Deane moved that the request be granted,seconded by Mrs.Liebrecht,and
passed unanimously.
/C&o SIGNS ON CITY PROPERTY -PINO ROSSI
John McKean,Information Officer for the Grant County Republican Party,requested permission
to place temporary signs on city propertyinthe approved locations.
Action Taken:Mr.Deane moved that the request be granted,seconded by Dr.Curnel, and passed
unanimously.
ORDINANCES AND RESOLUTIONS
jQll QRDINANCE-AMEND20.05-CONSOLIDATED APPLICATION PROCESS-SINGLE READING
Anordinance was presentedwhich provides thata pre-application meeting ona land use does not
constitute a formal application and does not create a vested right.
The ordinance amendingChapter20.05ofthe Moses Lake Municipal Code entitled "Consolidated
Application Process"was read by titleonly.
Joseph K.Gavinski,City Manager,stated that this would provide some additional protection tothe
city and was requested by the city's insurance provider./"""^
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CITY COUNCIL MINUTES .October 12,2010
I )Action Taken:Mr.Pearce movedthatanemergencybe declared andthe ordinance be adopted
^-^on a single reading,seconded by Mr.Reese,and passed unanimously.
RESOLUTION -HALLOWEEN
A resolution was presented which recommends Saturday,October 30,asthe date to celebrate
Halloween.
The resolution recommending Saturday,October 30,2010 instead of Sunday October 31,2010
asthe day for children to celebrate Halloween activities was read bytitle only.
Action Taken:Mr.Reese movedthatthe resolution be adopted,secondedby Mrs.Liebrecht,and
passed unanimously.
RESOLUTION -ACCEPT GRANT -DEPARTMENT OF JUSTICE //7<j
A resolution was presented which accepts a$470,292 COPS Hiring Program grant from the U.S.
Department of Justice.This three year grant will provide full salary and benefits for two police
officers who will be assigned specifically toinvestigate and follow uponyouth crimes.Acceptance
ofthe grant will require that the city retain the two officers for at least one year after the grant ends.
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The resolution accepting a grant tothe Moses Lake Police Department from the U.S.Department
of Justice was read by title only.
Dean Mitchell,Police Chief,stated that the city first applied for the grant in 2009 and was denied.
The city applied again in 2010 and was awarded thegrant.He mentioned that Moses Lake isone
of 11 cities in Washington tobe awarded the grant.The grant will beusedto fund a Street Crimes
Unit.The police officers will be specifically trained to follow upon youth and property crimes.
ActionTaken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce, and
passed unanimously.
RESOLUTION -SMALL WORKS ROSTER
A resolution was presented whichrevisesthe city's regulations establishingthe smallworks roster
process. The changes include an increaseinthe amount ofa project cost wherethe smallworks
roster can be used.
The resolution of the City Council of the City of Moses Lake,Washington,on the subject of
establishing a small works roster process to award public works contracts and rescinding
Resolution No.2818 was read by title only.
Gary Harer, Municipal Services Director,stated that the changes are to bring the city's
requirements into conformance with state law.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
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CITY COUNCIL MINUTES October 12,2010
|47 RESOLUTION -NUISANCE ABATEMENT -1103 CASCADE -WINZLER
A resolution was presented which would abate the nuisances at 1103 Cascade.The property
owner,Ryan Winzler,was given a Notice to Correct and a Notice ofViolation and Order to Correct
or Cease Activity.
The resolution determining that Ryan Winzler is the owner of certain real propertywithin the city;
that a nuisance requiring abatement by city forces or forces contracted by the city exists on such
property;and directingthe use of such forces to abate the nuisance found was read by title only.
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 owner to any of the
notices provided by the city and none of the nuisances have been corrected.
Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
47 RESOLUTION -NUISANCE ABATEMENT -1105 HILL -BEEMAN
A resolution was presented which would abate the nuisances at 1105 Hill.The property owner,
Gordon Beeman,was given a Notice to Correct and a Notice ofViolation and Order to Correct or
Cease Activity.
The resolution determining that Gordon and Deena R.Beeman are the owners of certain 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.
Greg Nevarez,Code Enforcement Officer,was sworn in and provided testimony concerning this
issue.He indicated that the property is in substantially the same condition now as when the
property owner was first contacted about the nuisances.
Gordon Beeman,1105 Hill,was sworn in. He explained that most of the nuisances were taken
care of but additional items were then brought onto the property.He requested additional time to
take care ofthe nuisances.
There was somediscussion and itwas pointed out that Mr.Beeman willhave an additional 15 days
fromthe passage of the ordinance to clean up the property.
Action Taken:Dr.Curnel moved that the resolution be amended to correct the property owner's
name and to reflectthat Mr.Beeman provided testimony and the resolution be adopted,seconded
by Mr.Reese,and passed unanimously.
79 RESOLUTION -ACCEPTGRANT-BUREAU OF JUSTICE ASSISTANCE
A resolution was presented which acceptsa $2,937 grant from the Bureau of Justice Assistance.
The funds will be used to purchase bullet proof vests.
The resolution accepting a grant from the Bureau of Justice Assistance was read by title only.
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CITY COUNCIL MINUTES October 12,2010
ActionTaken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
RANDOLPH ROAD ANNEXATION
A Petition for Annexation for property located adjacent to Randolph Road was presented.The
proposed annexation area mainly includes properties which have executed Extra Territorial Utility
Extension Agreements with thecity.Authorization was requested for the City Manager to execute
the annexation petition on behalf of those persons or entities which have executed an Extra
Territorial Utility Extension Agreement and given a Power of Attorney tothe city to execute an
annexation petitionon their or its behalf.
Joseph K.Gavinski,City Manager,explained the location ofthe property and which roads are
included in the annexation.
Action Taken:Mr.Pearce moved thatthe City Manager be authorized to signthe Petition for
Annexation,seconded by Mr.Reese,and passed unanimously.
Action Taken:Mr.Pearce moved that the Petition for Annexation be accepted,seconded by Mr.
Reese,and passed unanimously.
ECONOMIC DEVELOPMENT COUNCIL -AGREEMENT
The Grant County Economic Development Council has requested anamendmenttothe existing
contractto coverthe cost of additional expenses for promoting economic development inthe area.
ActionTaken:Mr.Deane moved thatthe CityManager be authorizedto signthe addendum tothe
agreement,seconded by Mr.Reese,and passed unanimously.
NUISANCE ABATEMENTS -REPORT
GilbertAlvarado,Community Development Director,reported that the nuisances at 522 Kentucky,
720 Pennivy, 705 DStreet, and 1201 Baker have been removed and no furtheraction is required
at these properties.The remaining nuisances at 403 Earl,221 and 227 Crestview,502 Kentucky,
and 530 Florida are still under enforcement.
HOME OCCUPATION -TAXI -KENO
Gary Keno, 3921 W.Peninsula Drive, Unit 16,requested a change in the Municipal Code in order
to operate a taxi business from his residence.A letter from the manufactured park owner was
submitted which stated that he would have no objection to the business.
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CITY COUNCIL MINUTES October 12, 2010
Gilbert Alvarado,Community Development Director,stated that staff researched the issue ofataxi (T**)
business asa home occupation and,in the cities contacted,taxicabs were not mentioned asa '
home occupation.The entities had specific conditions for a taxicab business.
Mr.Keno stated that he would like to develop the business into a parcel carrier type service as he
has a covered vehicle that will transport up to Viton of material as well as ambulatory passengers.
He mentioned that his home would be mainly an address and contact phone number as he would
be on the road most of the time.
There was some discussion by the Council on the proposed carriertype service and itwas pointed
out that the home occupation regulations would still need to be amended to allow a taxi cab
business as a homeoccupation.Staffwas directed to draftan amendment to the homeoccupation
regulations to allow a taxi cab as a home occupation.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL:
Vouchers audited and certified by the Finance Director as required by RCW42.24.080,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 ofOctober 14,2010the Council does approve for payment claims inthe
amount of $1,932,825.41;prepaid claims in the amounts of $24,435.30,$180.00,and
$1,435,134.39;claim checks in the amount of $2,199,016.26;and payroll in the amounts of
$2,079.10 and $31,718.86.
Dr.Curnel questioned the $100 penalty from Labor and Industries.
Spencer Grigg,Parks and Recreation Director,stated that L and I inspected the concessions
stands and the city received a penalty for not having the required information on site.
Joseph K.Gavinski, City Manager,stated that there was a complaint from someone working the
concession stand about it being too hot.There are certain forms the city is required to keep that
show how many injuries there have been at the facilities.The city has the information but itis kept
at the Human Resources Department.Therewas a mis-communication between the city and Land
I as the city did not realize that Land Iwanted to see the forms, so at the end of the inspection L
and Iinformed the citythat since the forms had not been produced,the penalty would be assessed.
Dr.Curnel questioned the amount of the cell phone bill forthe Police Department.
Dean Mitchell,Police Chief,stated that each patrolcar has been equipped with a cell phone since
many officerswere usingtheirown cell phone for calls related to cases.After doing an analysis
ofthe cost of havingthe officers return to the stationto use a citycell phone and the time they are
off the street, itwas found to be less expensive to just provideeach carwith a cell phone.
Action Taken:Dr.Curnel moved that the bills and checks be approved,seconded by Mr.Reese,
and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
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CITY COUNCIL MINUTES
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October 12,2010
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CITY MANAGER REPORTS AND COMMENTS
BUDGET
Joseph K.Gavinski,City Manager,requested a study session to discuss the budget.A study
session was set for October 26 at 6 p.m.
STORM WATER RATES AND OPERATION STATUS
Gary Harer,Municipal Services Director,reported thatin 2009 therates were set for the stormwater
utility.Two staff members have been assigned to the stormwater utility.Two additional
maintenance staff will be hiredinNovemberto cleancatch basins,drywells andstormwater drains,
and maintain the city's stormwater grassy areas and lake outfalls.All necessary equipment has
been obtained. A decant station will be constructed inthe spring of 2011 and a grant has been
requested to update the drywells in the Third Avenue and Block Street area.Staff will monitor the
stormwater utility funds tomakesurethe city remains solvent andthe permit requirements are met.
BUILDING ACTIVITY REPORT
The September 2010 Building ActivityReport was presented.
QUARTERLY FINANCIAL REPORT
The quarterly financial report has been placed on the website.
GAMBLING TAX REPORT
The city received $76,570.12 in gambling taxes for the third quarter of 2010.
INVESTMENT REPORT
The city received $12,178.39 in investment income for September 2010.
RECYCLING PROGRAM
Ron Cone,Finance Director,reported that about 47%of the material that was going to the landfill
is being recycled.The city is stilldealing with residents who are placing inappropriate material in
the recycling and yard waste carts.The city has been able to provide a rebate of $.37 per
residential account for October.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $407,935.17 in sales tax and $62,545.06 in transient rental income in September JfS(f &
2010.
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AMBULANCE UTILITY FUND
//Staffhas been monitoring theAmbulanceService Fund andithas become apparent thatifthe city ;5 $
is going to continue to operate an ambulance service,either the General Fund contribution or the
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CITYCOUNCIL MINUTES October 12,2010
Ambulance Utility Fee will need to be increased.Currently the city contributes $70,000 from the
General Fund and there is a $4.70 per month ambulance utilityfee.The Ambulance Service Fund
has a negligible balance and is also carrying a loan of $450,000.This means the fund is in the red
by $450,000 at this time and that amount will increase if nothing further is done.
Joseph K.Gavinski,City Manager,stated that the Ambulance Service Fund will have a loss of
$700,000 for 2010 and in 2011 the fund will have another loss of $767,000 if there is no increase
in income and that does not include the existing $450,000 loan.He mentioned that there are two
options at this time if the Council wishes to retain the ambulance service.The contribution from
the General Fund can be increased or the utility fee can be increased.He stated that there is little
chance of reducing expenses or increasing income.
Tom Taylor,Fire Chief,stated that all the firefighters are dual trained as a firefighter and an EMT
or paramedic.He mentioned that 17 members are paid for out of the ambulance fund and if the
ambulance service were eliminated,so would those 17 employees.He mentioned that about 75%
to 80%of the workload in the Fire Department is ambulance services.
James A.Whitaker,City Attorney,pointed out that by law,whatever amount a city contributes to
the ambulance fund from the General Fund must be maintained.The contribution amount cannot
be reduced.
There was considerable discussion by the Council.
Staff was requested to provide information on the possibility of raising the utility rate,increasing
the contribution from the General Fund,and privatizing the ambulance service.
The regular meeting was recessed at 9:40 p.m.and the Council met in a 20 minute executive
session with the City Attorney to discuss property acquisition.The executive session was
adjourned at 10 p.m.and the regular meeting was reconvened.The regular meeting was
adjourned at 10 p.m.
ATTEST
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Ronald R.Cone,Finance Director
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