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MOSES LAKE CITY COUNCIL
May 10,2011
Council Present: Dick Deane ,Karen Liebrecht, DavidCurnel, Richard Pearce,and Brent Reese
Absent:Jon Lane and Bill Ecret
By consensus ofthe Council,Mr.Pearcewas chosen as Mayor Pro Tern.
The meeting was called to order at 7 p.m. by Mayor ProTern Peace.
PLEDGE OF ALLEGIANCE:Mr.Deane led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS
PROCLAMATIONS
The proclamation declaring May 15 -21,2011 as Public WorksWeek was read in itsentirety.
The proclamation declaring May 13,2011 as Lions WhiteCaneDay in Moses Lake was read in its
entirety.
CONSENT AGENDA
Minutes:The minutes of the April26,2011 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers auditedand certified bythe
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 forapproval and is retained for publicinspection at city hall.As of May 10,
2011 the Councildoes approve for payment claims inthe amount of $2,103,466.92;prepaidclaims
in the amounts of $14,840.56 and $39,154.99;claim checks in the amount of $606,960.16;and
payroll in the amounts of $1,444.37 and $23,798.40.
Action Taken:Dr.Curnel moved that the Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
TRACTORS
The City received three bids for the compact utility tractor for the Parks and Recreation
Department.
Action Taken:Mr.Deane moved that the bid be awarded to Rathbone Sales,Inc. in the amount of
$36,072,seconded by Dr.Curnel,and passed unanimously.
The City received four bids for the 120 horsepowertractor for the Wastewater Division.
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CITY COUNCIL MINUTES May 10,2011
Action Taken:Mr.Reese moved that the bid be awarded to Evergreen Implement in the amount fT^
of$71,693,seconded by Dr.Curnel,and passed unanimously.I
/0/9 ALLEY RECONSTRUCTION PROJECT
The City received seven bids for the 2011 Alley Reconstruction Project.This project will pavethe
alleyslocated between Third Avenue and Broadway Avenue starting at AlderStreet andendingat
Fir Street.
Action Taken:Mrs.Liebrecht moved that the bid be awarded to Advanced Excavation in the
amount of $252,049,seconded by Dr.Curnel, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/030 SIGN -ARTGARDEN POTTERY
Laura Mayer,ownerofthe Artgarden Pottery,requested permission to place a sandwich board sign
on the sidewalk at 104 West Third Avenue.
ActionTaken:Mr.Deanemoved thatthe request be granted,seconded by Dr.Curnel,and passed
unanimously.
Mr.Deane mentioned that the Council has established a set of criteria for signs and felt that
permission for the placement ofthe signs could be done by staff.
It was pointed out that the ordinance would need to be changed as currently itspecifically states
that Council is to review the sign placement requests.Staff was requested to provide an
amendment to the ordinance which would allow staff to approve the placement of signs.
//SI REQUESTTO USE CASCADE PARK - SOCCER FIELDS
A letter was received from Don Pohjola and Wendy Isensee with a request to be allowed to
continue to use the soccer fields at Cascade Park.
Spencer Grigg, Parks and Recreation Director,stated that the city converts the soccer fields at
Cascade Park to T-ball use but that a U12 field that will be maintained for the majority of the
summer.The letter requested practice space,which requires a flat piece of grass,which is
available in many parks.
Mr.Pohjola stated that they would like all the soccer fields to remain because of the number of
people involved in soccer and the need for practice and tournament areas.
There was some discussion and the soccer organizations were requested to work with staff.
ORDINANCES AND RESOLUTIONS
/Q 75-ORDINANCE AMEND 13.08 -WATER AND SEWER CONNECTIONS -2nd READING
An ordinance was presentedwhich sets the waterconnectioncharges for the watermaininstalled
along Kittelson Road extended.
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CITY COUNCIL MINUTES .May 10,2011
(J The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and
^-^^Sewer Connections"was read by title only.
Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,
seconded by Mr.Reese,and passed unanimously.
ORDINANCE -AMEND 6.05 -ANIMAL CONTROL -SINGLE READING
Anordinance was presented which would prohibit dogsat McCosh Park and other city parks when
there is a festival or event occurring in the park.
The ordinance amending Chapter 6.05 ofthe Moses Lake Municipal Code entitled "Animal Control"
was read by title only.
Joseph K.Gavinski,City Manager,stated that,ifthe Council is in favor ofthe ordinance,"except
bonafide service animals"should be added after "No dogs".
Teh McCurry,President,Moses Lake Spring Festival,explained thatthey have postedthat no
dangerous dogswere allowed atthe Spring Festival andtherehavebeen incidents whereowners
of pit bulls refused to admit their dog is a dangerous dog,and therehave been incidents when
small dogs have bitten people.She pointed out that she is also continually having to request
people to remove their dogs from the food vendor area.
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Action Taken:Mr.Deane moved that the ordinance be amended to include "except bonafide
service animals"after "No dogs" in section 6.05.073, that an emergency be declared, and the
ordinance be adopted on a single reading,seconded by Mrs. Liebrecht.
Mr.Deane pointed outthat many people take their dogs withthem on vacation and was concerned
that a prohibition on the presence of dogs at events would prevent people from attending those
events.
Mrs.Liebrecht pointed out that there are already regulations in place that address the dangerous
dog issue and the biting dog and did not feel that additional regulations to prohibitdogs at events
was necessary.
There was considerable discussion.
The motion failed unanimously.
Staff was requested to work withthe Spring Festivalto tryto come up with an solution to address
the issue.
RESOLUTION -PETTY CASH
A resolution was presented which increases the petty cash fund for the Museum and Art Center
from $100 to $300.
The resolution increasing a petty cash account inthe Parks and Recreation Department was read
by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mrs.Liebrecht,and
passed unanimously.
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CITY COUNCILMINUTES May 10,2011
/D/3 RESOLUTION - ACCEPT EASEMENT-MANCILLA
A resolution was presented which accepts an easement from Arturo and Virginia Mancilla for
municipal purposes.The easement is located on Miller Street.
The resolution accepting an easementto the City of Moses Lake from Arturo and Virginia Mancilla
was read by title only.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
REQUEST TO CALL FOR BIDS
^^SEWER LINING PROJECT
Staff requested authorization to call for bids for the 2011 Sewer Lining Project.This project
consists of lining approximately 34,000'of 8"and 10"concrete sewer pipe in the Larson and
downtown areas.
Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Dr.Curnel,
and passed unanimously.
REFERRALS FROM COMMISSIONS
/033 FARM ANIMALS
The Planning Commission has recommended that the Cityof Moses Lake adopt similar regulations
recently adopted in Wenatchee that would allowthe keeping of rabbits and chickens inside the
City's limits.This would require changes to the City's nuisance regulations.
Mr.Pearce pointed out that the prohibitionon chickens in the city was to address the complaints
of the neighbors of people who had chickens and the noise and nuisances itcreated.
Mitch Monitor,Chairman of the Planning Commission,stated that other jurisdictions limit the
number of small farm animals based on the size of the lots. He pointed out that Moses Lake is
annexing properties that currently have small farm animalsandthatcreates issues aboutkeeping
or removing those animals.He felt thatthe regulations could be placed on the keeping of small
farm animals that could address all the concerns.
There was considerable discussion and it was the consensus of the Council that the raising of
chickens and rabbits should not be allowed inside the City's limits but since two Council members
were absent,that it be discussed again at the next meeting.
//W&STRATFORD ROAD SHORT PLAT -WAIVER REQUESTS
GCRR 101 LLC submitted the following requests for a proposed one-lot short platcurrently under
review by staff:
1.Approval for a dead-end street.
2.Waiver of the requirement to extend Balsam Street..
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CITY COUNCIL MINUTES May 10,2011
I )The Planning Commission recommended thatthe waivers, deferrals, and deviations be approved
^^^as follows:
1.The dead end street shall be allowed.
2. A waiver shall be granted to not extend Balsam Street,including right-of-way,street
improvements,and utilities.
3. A waivershallbe granted for the requirementto extend a water main in Balsam Street.
4. A waivershallbe granted forthe requirementto extend a sewer main in Stratford Road.
Anne Henning,Senior Planner,explainedthatunderthe platting requirements,streets and utilities
must be extended through the plat.She mentioned that the site is served withwater and sewer
butthe utilities are not extended through all the abutting streets and Balsam Street is notimproved
to current standards.Staff recommended that a deferral be granted so that the needed
improvements can be constructed inthe future and the Planning Commission recommended that
the improvements be waived, which means the citywould have to pay forthe improvements inthe
future.
Todd Whipple,engineer on this project,stated that the plat is already served by city water and
sewer and so there is no need to extend the water and sewer mains on Stratford or Balsam.
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Gary G. Harer, Municipal Services Director,recommended that the waivers be denied and the
developer be required to extend Balsam Street and a deferral be granted for the water main in
Balsam and the sewer main in Stratford Road.He pointed out that if the land along the railroad
is ever developed,then the water and sewer lines will need to be extended and a deferral with a
covenant provides for the property owner to install those lines rather than the City.
There was some discussion by staff.
Action Taken:Mr.Reese moved that recommendations from the Planning Commission to allowthe
dead end street and grant the waivers be approved,seconded by Mrs. Liebrecht, and passed with
Dr.Curnel opposed.
OTHER ITEMS FOR COUNCIL CONSIDERATION
COMMUNITY STANDARDS DEVIATION -NORTH FRONTAGE ROAD
The Washington State Department of Transportation requested a deviation to allow the North
Frontage Road between Road Fand Hansen Road to be constructed with an asphalt width of 35'
and no sidewalk on the south (I-90)side.The 35'width allows fortwo traffic lanes and a bike lane
on each side.There is sufficient right-of-way to widen the street in the future if needed.The
Moses Lake Community Street and Utility Standards require an asphalt width of 50'and sidewalks
on both sides.
Gary Harer,Municipal Services Director,stated that whilethe street is underthe jurisdicationofthe
Department of Transportation,the DOT requested the Cityto design the street using grant funds.
Staff designed the street with two traffic lanes and a bike lane on each side.No left turn lane was
included because of the few left turns on this street.Since this project will not be constructed in
the near future, approval of the waiver should expire in 10 years.
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CITY COUNCIL MINUTES May 10,2011
Action Taken:Mr.Reese moved that the deviation be approved with an expiration ofthe approval
in 10 years,seconded by Dr.Curnel,and passed unanimously.
//?£COMMUNITY STANDARDS DEVIATION -PARKWAY DRIVE
Staff requested a deviation from the Community Standards in orderto construct a 30'radius cul-de-
sac at the end of Parkway Drive.Municipal code requires dead-end streets longerthan 220'to end
in a 46'radius cul-de-sac.Parkway Drive is a 236' long gravel drive that serves existing homes.
Parkway Drive has a 60'right-of-way and the property owners are unwillingto grant additional right-
of-way for the larger cul-de-sac.
Action Taken:Mrs.Liebrecht moved that the deviation be granted,seconded by Mr.Reese,and
passed unanimously.
jj^^LONGVIEW TRACT SEWER PROJECT -WAIVER
Pipkin Construction requested permission to start work at 6 a.m.on the Longview Sewer Project
until it is completed.The work hours of 6 a.m.to 7 a.m.would be to fuel and warm up their
equipment.The City's Municipal Code requires Council approval for construction work between
the hours of 10 p.m.and 7 a.m.
Action Taken:Dr.Curnel movedthatthe request be granted unlessthere are complaints,seconded
by Mr.Reese,and passed unanimously.
/Olty CIVIC CENTER PROJECT -WAIVER
Team Construction requested permission to start work at 6 a.m. on the Civic Center Project until
it is completed.No residential homes are adjacent to this project.The City's Municipal Code
requires Council approval for constructionwork between the hours of 10 p.m and 7 a.m.
Action Taken:Dr.Curnel moved that the request be granted,seconded by Mr.Deane,and passed
unanimously.
/)£(*STRATFORD ROAD SHORT PLAT -DEVIATION
The proponent of the Stratford Road Short Plat has requesteda deviation from the requirement
to construct a cul-de-sac at the end of Balsam Street.Community Standards require all dead end
streets to terminate with a cul-de-sac.Balsam Street presently has curb, gutter, sidewalk, and
asphalt thatends atthe fence located atthe terminus ofthe right-of-way.
Gary Harer,Municipal Services Director,outlined the advantages of constructing the cul-de-sac.
Todd Whipple,Whipple Consulting Engineers,Inc.,representing the project,statedthatthisstreet
has been existing for a long time,andcan only be extended on someone else's property.Since
there is plenty of room already for a vehicle toturn around,there isnoneed for a cul-de-sac at this
time. The other problem iswhen the adjoining property is platted,itwouldaffect any cul-de-sac
that would be constructed.
There was considerable discussion by the Council and informationwas requested on the cost of x-v
a cul-de-sac and how much the City would have to pay if the waiver is granted.'['
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CITY COUNCIL MINUTES May 10,2011
Action Taken:Dr.Curnel moved that the request be tabled,seconded by Mr.Reese,and passed
with Mr.Deane opposed.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
BUILDING ACTIVITY REPORT
The April 2011 Building Activity Report was presented.
INVESTMENT REPORT
The city received $22,957.68 ininvestment income in April 2011.
SALES TAX/TRANSIENT RENTAL INCOME
The city received $386,305.65 in sales taxand $35,015.70 in transient rental income in April 2011.
STORMWATER DECANT FACILITY PROJECT 2011
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ATTEST Richard Pearce,Mayor Pro Tern
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Ronald R.Cone,Finance Director
There was some discussion on whether or not any changes would need to be made on the bidfor
the decant station based on the discussions at the study session.
Mrs. Liebrecht felt that an arborvitae hedge should be planted which will screen the facility from
Road 4.
Staff was requested to provide a plan for additional landscaping and the cost.
The regular meeting was adjourned at 9 p.m.