2012 06 26^J
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7289
MOSES LAKE CITY COUNCIL
June 26,2012
Council Present:Bill Ecret,Dick Deane,Karen Liebrecht,David Curnel,Brent Reese,Jason Avila,and Jon
Lane
The meeting was called to order at 7 p.m. by Mayor Ecret.
PLEDGE OF ALLEGIANCE:Captain David Sands led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the June 12 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance
Director as required by RCW 42.24.080,and those expense reimbursement claims,certified as required by
RCW42.24.090,have been recorded on a listingwhich has been made available to the Council forapproval
and is retained for public inspection at the Civic Center.As of June 26,2012 the Council does approve for
paymentclaims inthe amountof $563,082.68;prepaid claims in the amounts of $39K952.52 and$68,992.24;
claim checks in the amount of $1,054,292.27;and payroll in the amount of $368,279.18.
Accept Work -2012 Crack Seal Project:BCV,Inc.has completed work on the 2012 Crack Seal Project.The /O/^j/^
project included sealing approximately 448,933'of cracks on streets,bike paths, and parking lots throughout
the City.The work should be accepted and the 60 day lien period entered into.
Resolution -Accept Equipment -MACC:A resolution was presented which accepts an Enviro Building and /OYu?
20-KW generator from the Multi-Agency Communications Center.The MACC has discontinued using the
City's Reservoir 5 well site located at 1701 E.Nelson Road to operate their 911 communications.They have
removed their antennas and cables from the reservoir and are transferring the ownership of the building and
generatorto the City since itwould cost more to remove them than their value.The Water Division has uses
for both the building and the generator.
S L&A Preliminary Maior Plat and Findings of Fact:Sam Lee &Associates,Inc.submitted a preliminary plat //£>?^
consolidating four tax parcels into one 12 acre lot.The site is located north and east of the Vista Village
Shopping Centerat Valley Road and Central Drive.The area is zoned C-2,General Commercial &Business.
The Planning Commission recommended that the preliminary platbe approved with conditions. Findings of
Fact were also presented for acceptance.
Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Dr.Curnel, and passed
unanimously.
COMMISSION APPOINTMENTS
PARKS AND RECREATION COMMISSION
Mayor Ecret requested confirmation of the appointment of Tiffany Quilter to the Parks and Recreation
Commission.
Action Taken:Dr.Curnel moved that the appointment be confirmed,seconded by Mrs. Liebrecht, and passed
unanimously.
CONSIDERATION OF BIDS AND QUOTES
FIVE CORNERS IMPROVEMENT PROJECT
The City received four bids for the Five Corners Improvement Project.This project includes replacing signal
heads,pedestrian push buttons,and wires for the Five Corners intersection,reconstruction of curb ramps,
and street repairs.
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7290
CITY COUNCILMINUTES June 26.2012
Action Taken:Mr.Deane moved that the bid be awarded to Neppel Electric in the amount of $183,400,
seconded by Mr.Reese,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/199 LEGISLATIVE CANDIDATE
JamieWheeler wasintroduced as sheis currently running for theWashington State Legislature.She provided
some background on her past experience.
/030 WAIVER -RESIDENTIAL ZONE -CABALLERO
Corina Caballero is requesting permission to occupy a motor home at the vacant lot at 9768 Parkway while
a home is constructed on the lot.
Gilbert Alvarado,Community Development Director,pointed out that the City has no provisions that allow a
property ownerto occupya motor home,fifthwheel,orcamperwhile they work on the construction of a home.
Ms. Caballero stated thatthey wish to located their motor homeon the recently purchased property while they
build a home on the lot.
There was some discussion by the Council and no action was taken.
//3 I VENDORS IN CITY PARKS
Gina Yafiez,N'ice Dreams Ice Cream,requested permission to sell ice cream in Cascade Park.
SpencerGrigg,Parks and Recreation Director,statedthat the Cityhas received complaints fromthe campers
about traveling vendors in the park. He pointed out that commercial sales are prohibited on allof the City's
property,not just the parks.
Joseph K.Gavinski,City Manager,mentioned that the City Manager can grant permission for a non-profit
vendor to sell on City property but the Council is the only one that can grant permission fora for-profitvendor
to sell on City property.
There was some discussion by the Council on outside vendors in city parks but no action was taken.
JI&J REQUEST TO USE CITY PROPERTY -TSUNAMI SUSHI
Dwane Lind,Tsunami Sushi,requested permission to closeThird Avenue between Division and Ash on July
27,2012 from 7 p.m. to 12 midnight to accommodate their annual Elvis night for the entertainment of their
patrons.
Mr. Lind stated that the performance will be the same as the previous years.
Action Taken:Mr.Avila moved that the requestbe granted,seconded by Mr.Lane, and passed unanimously.
ORDINANCES AND RESOLUTIONS
/OS'/ORDINANCE -AMEND CHAPTER 18.58 -SIGNS -1ST READING
An ordinance was presented which includes feather and/or tear drop signs under the temporary sign
provisions.
The ordinance amending Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs"was read by title
only.
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7291
CITY COUNCIL MINUTES June26,2012
Gilbert Alvarado,CommunityDevelopment Director,statedthatthe Planning Commission discussed theissue
of featherand/orteardropsigns and itwas feltthey were a good advertising tool. The Commission wished
to allowthe signs so they were added under the temporary sign regulations.
It was pointed outthatonawindy daysome ofthe feather and/orteardrop signsend upinthe road anditwas
felt that the signs should be anchored in some way.
ActionTaken:Mr.Lanemoved thatthe first readingofthe ordinancebe adopted,seconded byMrs.Liebrecht,
and passed unanimously.
RESOLUTION -RESCIND PERMISSION TO BUILD ON UNPLATTED PROPERTY -BLACKSTONE OTR //?£?-/$
Aresolution was presentedwhich would rescind Resolution 3219granting Blackstone OTR permission to build
onunplatted property with thestipulation thatthe property be platted within one year.Therehasbeennoeffort
onthe part of BlackstoneOTR to beginthe platting process even thougha building permit has been issued
and the one year time limit has expired.
The resolution rescinding Resolution No.3219 allowing Blackstone OTR to build on unplatted property was
read by title only.
Gilbert Alvarado,Community Development Director,stated that BlackstoneOTR has been inthe community
for a number of years and they are a supplier for Genie Industries. He mentioned that letters were sent to
Blackstone OTR concerningthe lackof progressonthe platting issue andwhen no resonse was forthcoming,
the resolution was submitted to Council to rescind the permission to build on unplatted property. He
mentioned that the Cityhas since been contacted by the owner of the company who explained that he was
unaware ofthe lackof progress on the platting of the propertybutthatthe process will be started right away.l J He pointed out that aCertificate ofOccupancy cannot be provided for abuilding on unplatted property.The
—^building construction is scheduled to be complete in September and the platting process takes about five
months to complete.
Chuck Tudor,representing Blackstone OTR,stated that Munson Engineers should be contacting the City
about platting the property within the next twoweeks.Herequested thatthey be allowedtocontinuewiththe
construction.
There was some discussion and it was pointed out that since the City has received assurances that the
platting process will start,ifthe Council wishes to allow the construction tocontinue,no action is required by
the Council.
No action was taken by Council.
RESOLUTION -BUILD ON UNPLATTED PROPERTY -MOSES LAKE SCHOOL DISTRICT .^.^
A resolution was presented which allows the Moses Lake School District to build a 22,551 square foot
office/bus garage facility on unplatted propertyon Yonezawa Boulevardwiththe stipulation that the property
be platted within one year.
The resolution allowing Moses Lake School District #161 to buildon unplatted propertywas readbytitleonly.
GilbertAlvarado, Community Development Director,stated that the School District has begun the platting
process.
Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Lane, and passed
unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
7292
CITY COUNCIL MINUTES June 26, 2012
OTHER ITEMS FOR COUNCIL CONSIDERATION
/J£(f GRACE HARVEST CHURCH -BOND EXTENSION
Grace Harvest Church has requested an extension oftheir existing performance bond for the improvements
associated with the Grace Harvest Church Major Plat.The City Council may grant a one time, two year,
extension of a performance bond.
Gilbert Alvarado,Community Development Director,stated that the plat has been recorded but becausethe
sidewalks and street lights have not been constructed,a bond was required for those improvements.
Gary Ash,representing Grace Harvest Church,stated that the economic conditions have slowed the project
and so they are requesting an extension of the bond.
Action Taken:Mr.Lane moved that the request for a two year extension on the bond be approved with the
stipulation that the amount be increased as required,seconded by Mr.Avila,and passed unanimously.
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NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
WAIVER -STONE HOLLOW SHORT PLAT
Ivan Kriger,1502 Panorama Avenue,Spokane,stated that they have purchased six duplexes and wish to
place them on the lots in the Stone Hollow Short Plat located at the intersection of Paxson and Central.
Gilbert Alvarado,Community Development Director,stated that Mr.Krigeris not theownerof the property and
the duplexes would be placed on unplatted property with no infrastructure to service the homes.A building
permit cannotbe issued for the structures until the bonding is in place for the utilities andthe property is /^""N
platted.'
There was some discussion and Council directed Mr.Krigerto work with staff.
-77/COLVILLE CONFEDERATED TRIBES -TRUST LANDS
Steve Shield,3905 Peninsula,stated that he was concerned about the project by the Colville Confederated
Tribes in Moses Lake due to liabilityissues.
Joseph K.Gavinski, City Manager,stated that the issue raised by Mr.Schield concerns sovereign immunity
which means that a tribe cannot be sued for negligence on tribal lands.He pointed out that the property in
Moses Lake is land that will be held by the federal government in trust for the tribe.
COUNCIL QUESTIONS AND COMMENTS
/OZ 0 SIGNS
MayorEcret stated that when the Citycrews mow, they apparently movethe signs that have been placed on
City right-of-way to one area. He did not feel itwas the responsibility of the staff to replace the signs but felt
that something needs to be done because the signs are jumbled in one area.
Joseph K.Gavinski,City Manager,pointed outthat the staff is supposed to mow around the signs rather than
move them.He mentioned that ifthe signs create problems,whetherfor maintenancecrews or the traveling
public,signs can be prohibited on City property.
There was some discussion and staff was requested to investigate the issue.
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CITY COUNCIL MINUTES
CITY MANAGER REPORTS AND COMMENTS
PROJECT UPDATE
7293
June 26,2012
Gilbert Alvarado,Community Development Director, provided an update of the current projects in
the city.
INVESTMENT REPORT
The city received $21,788.82 in investment income in May 2012.
The regular meeting was adjourned at 9 p.m.
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