2010 12 147101
MOSES LAKE CITY COUNCIL
\^J December 14,2010
Council Present:Jon Lane,Bill Ecret,Dick Deane,Karen Liebrecht,Brent Reese,David Curnel,
and Richard Pearce
The meeting was called to order at 7 p.m. by Mayor Lane.
PLEDGE OF ALLEGIANCE:Mr.Pearce led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the November 23,2010 meeting were presented for approval.
Approval of Claims. PrepaidClaims.Checks,and Payroll:Vouchers audited and certifiedby 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 14,2010 the Council does approve for payment claims inthe amount of $530,804.76;
prepaid claims in the amounts of $11,500.00,$2,163.40,$20,776.46,and $68,254.20;claim
checks in the amount of $782,685.42;and payroll in the amounts of $27,434.44 and $12,695.97.
Accept Work -Nelson Road Lift Station Improvements:Power City Electric,Inc.has completed J03^'
{j work on the Nelson Road Lift Station Improvements.The work should be accepted and the 60 day
lien period entered into.
National Frozen Foods -Petition for Annexation:National Frozen Foods submitted a Petition for )0^f~
Annexation for propertylocated northof Wheeler Road. The petition should be accepted so the
annexation can move forward.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese
and passed unanimously.
GrantCounty AnimalOutreach Agreement: An amendment to the agreement withGrantCounty /033
Animal Outreach was presented.The amendment increases the amount to be paid to Grant
County Animal Outreach from $47,250 to $50,000. Authorization was requested for the City
Manager to sign the amendment to the agreement.
Mr.Ecret wanted to know what the additional funds would be used for.
Joseph K.Gavinski, City Manager,explained that the City contracts with Grant County Animal
Outreach for animal control services,which the city would either have to provide, probably at a
much greater cost, or try to contract with another agency to provide those services.
Mr.Pearce stated that he would like to see some information on the number of animals coming
from the cityand what other sources are providing funding to GrantCounty AnimalOutreach.
KJ Dean Mitchell,Police Chief,stated that he receives monthly reports from Grant County Animal
Outreach and will provide a summary of that information if the Council wishes.
Mr.Deane felt that the city is getting a good service forthe funds the city is expending.
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CITY COUNCIL MINUTES December 14,2010
Action Taken:Mr.Pearce moved that the item be tabled,seconded by Mrs.Liebrecht,and passed
unanimously.
jc^1/1/Burke Marketing/Promotions:The agreements with Burke Marketing/Promotions for the 2011
season were presented.The contracts include the production of 8 show days in the Centennial
Amphitheater,4th of July picnic,two day Moses Lake Blues Festival,Pig Out inMcCosh Park,and
the MAC holiday show.Authorization was requested for the City Manager to sign the contracts.
Mr.Ecret felt that a summary should be provided to the Council on the success of the different
events promoted by Burke Marketing and that it be discussed at retreat prior to entering into
another contract.
Mrs.Liebrecht stated that she would also like to review the success of the program and how well
it is received by the community.
Joseph K.Gavinski,City Manager,stated that there are three components to these contracts -the
concert series,the traffic building events,and the advertising for the different events.He pointed
out that booking the different events needs to take place before retreat so any review should be
done as soon as possible.
Spencer Grigg, Parks and Recreation Director, pointed out that Mr.Burke obtains discounts
because he purchases the media space early and about half the concert series is booked prior to
retreat.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved thatthe City Manager be authorized to sign the contracts andthat
a report be provided at retreat,seconded by Mr.Deane, and passed with Mr.Ecret opposed.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/QSf>ORDINANCE -RANDOLPH ROADANNEXATION-2ND READING/PUBLIC HEARING
An ordinance was presented which provides for the annexation of approximately 1,097 acres of
propertylocated adjacent to Randolph Road and from Randolph Road northeastto Stratford Road.
The ordinance annexing property commonly known as the Randolph Road annexation to the City
of Moses Lake,Washington,and incorporating the same within the corporate limits of the City of
Moses Lake was read by title only.
Gilbert Alvarado,Community Development Director,pointed out that the property will be zoned
Heavy Industrial.
The public hearing was opened.
Brian McGowan,5183 Shorecrest,stated that he was concerned about the city's abilityto provide
fire protection to the proposed annexation area.He suggested thatthe annexation be tabled until
the city has a plan that would enable the Fire Department to meet the required 4 minute response
time.
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CITY COUNCIL MINUTES December 14,2010
Action Taken:Mr.Reese moved thatthe public hearing be closed, seconded by Mr.Deane, and
passed unanimously.
ActionTaken:Mr.Pearcemoved thatthe second reading ofthe ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 12.40 - STREET CONSTRUCTION OR IMPROVEMENT //&/
REIMBURSEMENT CHARGES - 2nd READING
Anordinance was presented which establishes the reimbursement charges for the 2009 Lakeshore
andPeninsula Drive Reconstruction Project,the2008 Peninsula Drive Reconstruction Project,and
the future street improvements to Lakeshore Drive between Pommer Street and Wanapum Drive.
The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street
Construction or Improvement Reimbursement Charges"was read by title only.
Aletter from ToddVothwas readwhichproteststhe including ofhis property inthe reimbursement
area for the Peninsula and Lakeshore improvements.
Gary Harer,Municipal Services Director,statedthatthe area was platted in 1914 and atthattime
40'wide streets were dedicated. The current project requires 60'of right-of-way.When any
property in the area was replatted,the property owners were required to dedicate the additional
required right-of-way.The city has also obtained right-of-way by donation and purchase.He
stated that letters were sent to property owners outlining the project,the need for the additional
right-of-way,andtheadvantagesanddisadvantages ofdonating and/or selling theneeded property
tothe city.He mentioned thatthe city purchased property from 14 property owners,including Mr.
Voth. The property owners were informed that ifthe property was provided to the city,the city
would construct the improvements and the reimbursement costs would be established at the
current price,whichwould mean the propertyowners would not have to pay a higher priceinthe
future for those improvements.
Todd Voth,1538 Lakeway,stated that ina meeting withthe projectengineer he was informed that
he would not be paying any reimbursements on the 144'of frontage that he sold to the city. He
mentioned that he has now been informed that he will be required to pay the reimbursement fee
on the property.Since he felt the city provided conflicting information about the reimbursement,
he requested that the reimbursement charge on his property be waived.
There was considerable discussion by the Council and it was pointed out that waiving one
reimbursement could lead to every property owner requesting a waiver ofthe reimbursement fee.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Deane,and passed with Mr.Ecret and Mrs.Liebrecht opposed.
ORDINANCE -AMEND 18.55 -HOME OCCUPATIONS - 2nd READING
An ordinance was presented which provides that a taxicab business witha single vehicle service
will be allowed as a home occupation. A taxi business with more than a single vehicle would not
be allowed as a home occupation.
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CITY COUNCIL MINUTES December 14,2010
The ordinance amending Chapter 18.55 of the Moses Lake Municipal Code entitled "Home
Occupations"was read by title only.
ActionTaken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Dr.Curnel, and passed unanimously.
/!(pI ORDINANCE -AMEND 12.12 -SIDEWALK CONSTRUCTION -SINGLE READING
An ordinance was presented which provides thata property ownerof property adjacent to a city
deeded pieceof property will have the same obligation to maintain the areaas a property owner
immediately adjacent to a piece of dedicated right-of-way.
The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk
Construction"was read by title only.
Joseph K.Gavinski,City Manager,explained thattherearea fewareas in the citywhere property
has been deeded tothe city andused toconstructastreet.In some instancesthe property iswider
than the street improvements. This creates an area between the sidewalk and the adjacent
property owner that is owned by the city and which the property owners refuse to maintain.The
proposed amendment requiresthe adjacent property ownerto be responsible for maintaining the
area just as the property owner is required to care for the dedicated right-of-way adjacent to a
sidewalk.
It was mentioned that this would be no different than requiring aproperty owner to be responsible /l*""^
for the planter strip.I
Action Taken:Mr.Ecret moved that an emergency be declared and the ordinance adopted on a
single reading,seconded by Mr.Reese,and passed unanimously.
lOSi ORDINANCE-AMEND 18.30 -COMMERCIAL ZONES- 1st READING
An ordinance was presented which allows eaves,cornices,and awnings to project no more than
2' into the required setback in the C-2,General Commercial and Business,Zone.
The ordinance amending Chapter 18.30 of the Moses Lake Municipal Code entitled "Commercial
Zones"was read by title only.
Gilbert Alvarado,Community Development Director,explained that generally in the C-2 Zone the
lots are large enough that the buildings will not extend into the setbacks.Allowing the eaves,
cornices,and awnings to encroach into the setbacks in the C-2 Zone will allow a building to be
constructed close to the sidewalk.This will present a more pedestrian friendly site than those with
parking next to the sidewalk.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
Mrs.Liebrecht,and passed unanimously.
IO/D ORDINANCE -AMEND 2010 BUDGET - 1st READING
An ordinance was presented which amends the 2010 budget.
The ordinance amendingthe 2010 budget for the City ofMoses Lake,Washingtonwas readbytitle
only.
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CITY COUNCIL MINUTES December 14,2010
Action Taken:Dr.Curnel moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
ORDINANCE -AMEND 2.46 -TOURISM COMMISSION -1ST READING
An ordinancewas presented which permitsthe Tourism Commission to meet on an as needed
basis but requires at least one meeting a year.
The ordinance amending Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism
Commission"was read by title only.
Joseph K.Gavinski, City Manager,explained that the change in the number of meetings was
requested by the Tourism Commission as there are many months where there is nothing to
discuss.
Action Taken:Mrs.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Dr.Curnel, and passed unanimously.
RESOLUTION -INTERFUND LOAN
A resolution was presented which provides foran inter-fund loan inthe amount of $200,000 from
the Water/Sewer Fund 410 to the Ambulance Fund 498.
{)The resolution authorizing an inter-fund loan to the Ambulance Fund 498 from the Water/Sewer
Fund 410 was read by title only.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
RESOLUTION -ACCEPT DONATION -SUMMER CONCERT SERIES
A resolution was presented which accepts the donations from businesses and organizations to
partially fund the 2010 Summer Concert Series.
The resolution accepting contributions for the City of Moses Lake Centennial Theater Summer
Concert Series and Movies in the Parks Program was read by title only.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted,seconded by Dr.Curnel, and
passed unanimously.
RESOLUTION -UTILITY EXTENSION POLICY
A resolution was presented which amendsthe city's utilityextension policyto complywith insurance
requirements.
The resolution amending Resolution 2513 setting forth a policy with regard to the provision ofwater
and/or sewer utilities outside the corporate limits of the city and setting forth an annexation policy
i j for the City of Moses Lake,Washington was read bytitle only.
James A.Whitaker,City Attorney,stated that the change underthe section "Delivery ofCity Water
and/or Sewer Utilitiesto Non-Contiguous Lands"was changed due to a court case.The language
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CITY COUNCIL MINUTES December 14, 2010
was amended to state that the non-contiguous lands receiving city water and/or sewer will not be
used in any manner inconsistent with the land use controls in place.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
/0/3 RESOLUTION -ABANDON EASEMENT -LARSON
Richard Larson requested the abandonment of a 10'easement located on the north end of Lot 1,
Sage Bay #3 Short Plat.Northland Cable has facilities in a portionof the easement proposed to
be vacated.
The resolution authorizing abandonment of an easement was read by title only.
Gilbert Alvarado,Community Development Director,stated that if the easementwere abandoned,
the property ownercoulduse the propertyto placea storage building adjacenttothe rearproperty
line.The portion of the easement in use by Northland Cable would not be abandoned.
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
Ii3c)RESOLUTION -AMBULANCE FUND
After City staff further reviewed the statute with regard to ambulance utility fees and the permitted
formula used to establish the fees,it was determined that repayment of any loans or costs to cover
deficits or costs to establish a fund balance cannot be calculated into the fee.Therefore,City staff
has determined that $8.25 would be the maximum revised fee that the City can charge.City staff
recommended that the ambulance utility fee,beginning January 1,2011,be established in the
amount of $8.25.
There are interfund loans totaling $650,000 and the need to establish a fund balance inthe amount
of about $250,000.City staff proposes that the interfund loan be repaid and the fund balance be
established over a 5 year period.That would mean the General Fundwould contribute $130,000
peryeartowardsrepayment ofthe interfundloans, $49,300 peryeartoestablish the fund balance,
and contribute $73,500 per year as is required by law.The General Fund's annual total
contribution would amount to $252,800.
The resolution establishing ambulance service utility rates was read by title only.
Joseph K.Gavinski, CityManager, explained the state lawas itrelates to the ambulance utility fee.
There was some discussion by the Council.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
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SIGN PLACEMENT STANDARDS
The sign standards were revised to allow placement of signs without having to obtain
permission by the Council.The revised sign placement standards identify the locations
where signs may be located,which is essentially consistent with current practice. Much
of the sign placement standards remain the same but the size of the sign was changed
from 32 square feet to 16 square feet.
Joseph K. Gavinski, City Manager,stated that the new regulations permit placement of
signs without having to obtain permission of the Council.The standards include the
locations where signs are allowed and other specifications.He mentioned that the location
of the "grassy area adjacent to Pioneer Way and East Broadway Extended"should be
changed to read "Grassy area adjacent to West Broadway and East Broadway Extended"
as the location is not technically adjacent to Pioneer Way.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the sign placement standards be amended and
approved,seconded by Dr.Curnel,and passed unanimously.
STREET CLOSURE -NEW YEAR'S EVE
V_y The Parks and Recreation Department requested the closure of Third Avenue from Beech to
Divisionand Ash Street from the intersection of Third Avenue to the alley heading north and south
all the way to 4th Avenue.The closurewould be from 7 p.m.until 10:30 p.m. to accommodate the
activities at the Museum and Art Center and on the stage at Sinkiuse Square.
Action Taken:Mrs.Liebrecht moved that the request be granted,seconded by Dr.Curnel, and
passed unanimously.
LODGING TAX ADVISORY COMMITTEE
The membership ofthe Lodging Tax AdvisoryCommittee isto be confirmedona yearlybasis. The
current members include Debbie Doran-Martinez,Moses Lake Chamber of Commerce and
Tourism Commission,Brenda Teals,AlliedArts, Friends ofthe Adam East Museum and ArtCenter,
and Tourism Commission, Troy Duzon,Ameristay Inns,and Christine Richie,ComfortSuites and
Tourism Commission.Councilman Ecret is the Chairman.
Action Taken:Mr.Pearce moved that the current members of the Lodging Tax AdvisoryCommittee
be confirmed,seconded by Mr.Reese,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
PIONEER PIT STOP -SIGN
John Redford, PioneerPitStop, stated thatthey were granted permissionto placetheirsignoncity
^^J right-of-way.Upon review ofthe approved location it was discovered that there is a city water line
that would be impacted. He stated that they would liketo relocatethe sign closer to the existing
sign which will remove it from the right-of-way butit would still bewithin a city easement. The sign
base will be 13'from the sidewalk.
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CITY COUNCIL MINUTES December 14,2010
Gilbert Alvarado,Community Development Director,gave some background on the placement of
signs in easements and city rights-of-way.
Action Taken:Mr.Reese moved that the request be granted subjectto the execution ofthe license
between the cityand Pioneer PitStop forthe use of city property,seconded by Mrs.Liebrecht, and
passed unanimously.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
/O&O ENTRANCE SIGNS
Joseph K.Gavinski,CityManager,stated that information has been received concerningthe entry
signage proposedbythe consultantonthe city'sdowntown development. The proposedsigns will
cost between $24,000 and $28,000.He mentioned that locations have not yet been designated.
There was some discussion and it was felt that the alternate design,without the flags,would be
easier to maintain and staff was also requested to look into an electronic sign which could be used
to advertise events.
Staff was directed to continue discussion on the signs with the appropriate parties and report back
to the Council.
in*?PANHANDLING
Joseph K.Gavinski, City Manager,stated that the Cityof Spokane Valley has adopted ordinances
which control panhandling and monetary solicitation.The ordinances essentially prohibit people
from going into the streets.
James A.Whitaker,City Attorney,explained that according to current court cases,certain aspects
of begging are protected as free speech.
Mr.Pearce felt that solicitation of vehicle occupants should be prohibited as it is a safety issue for
those doing the solicitation.
Mr.Whitaker explained that the attorney for Spokane Valley indicated that their ordinance is
traffic/pedestrian safety driven and does not try to address what the people are soliciting for.
Staff was directed to continue work on an ordinance to regulate panhandling.
I/SU SNOW REMOVAL
Joseph K.Gavinski,City Manager,stated that the city staff did a good job ofsnow removal and that
private contractors were hired to aid in plowing the residential neighborhood streets.
/Q30/)BUILDING ACTIVITY REPORT
The November 2010 Building Activity Report was presented.
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CITY COUNCIL MINUTES December 14,2010
INVESTMENT REPORT /DOJ
The city received $11,292.80 ininvestment income for November 2010.
SALES TAX/TRANSIENT RENTAL INCOME Q .,/js£jl
Thecity received $438,011.36 in sales tax and$46,504.36 in transient rental income in November
2010.
The regular meeting was recessed at 9:32 p.m.andthe Council metat 9:35 p.m.in a 30 minute
executive session with the City Attorneyto discuss litigation and labor relations.The executive
session was adjourned at 9:54 p.m.and the regular meetingwas reconvened.
LITIGATION
Joseph K.Gavinski,City Manager,presenteda Settlement Agreement between the city andthe
county which would resolve thecurrentlaw suitsbetweenthe two entities concerning the Revenue
Sharing Agreement and the definition of resource based industries.
Action Taken:Dr.Curnel moved that the City Manager be authorized to execute the Settlement
Agreement with the county,seconded by Mr.Deane, and passed unanimously.
SALARIES
Action Taken:Mr.Ecret moved that a 2%raise be approved for Association,non-union,and
exempt personnel, and a 5% raise be approved for PoliceCaptains for 2011,seconded by Dr.
Curnel,and passed unanimously.
The regular meeting was adjourned at 8:56 p.m.
ATTEST Jon Laxie/lvTayor
S^rZ-JZ-
Ronald R.Cone,Finance Director
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