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2011 05 10u u KJ 7156 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. '/3^ /op 7157 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. o o 7158 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. U U 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. //u?u //3(f ii 7159 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.. r> T> o 7160 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. U U 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. n?a 7161 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.'[' T r> 7162 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 /DSO-X) •w w <PcQ-'k-A-J? ATTEST Richard Pearce,Mayor Pro Tern ^L^X VC. 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.