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2009 02 10u u u 6817 MOSES LAKE CITY COUNCIL February 10,2009 Council Present: Ron Covey,Bill Ecret,Brent Reese,Jon Lane,Richard Pearce,Dick Deane and Jim Liebrecht PLEDGEOF ALLEGIANCE: Mayor Covey led the Council inthe pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the January 27,2009 meeting be approved, seconded by Mr.Lane, and passed unanimously. 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 byRCW42.24.090,havebeen 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 February 10, 2009 the Council does approve for payment claims in the amount of $524,350.39;prepaid claims inthe amounts of $19,802.92 and $16,474.91;claim checks inthe amount of $1,100,809.65;and payroll inthe amounts of $2,405.10,$26,870.49, and $38,061.51. Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Liebrecht, and passed unanimously. PRESENTATIONS AND AWARDS VISIONARY AWARD Bill Ecret,President ofVision 2020,presented the January 2009 Visionary Award to the newly /<9/«? renovated McDonald's on Stratford Road. CONSENT AGENDA -None COMMISSION APPOINTMENTS LODGING TAX ADVISORY COMMITTEE The membership of the Lodging Tax AdvisoryCommittee is to be confirmed on a yearly basis.The members include Beverly Shuford,Moses Lake ChamberofCommerce and Tourism Commission, Brenda Teals,Allied Arts,Friends of the Adam East Museum and Art Center,and Tourism Commission,Troy Duzon,Ameristay Inns,and Char Turner,Lakefront Inn.Mayor Ron Covey is the Chairman. Joseph K.Gavinski,City Manager,pointed out that Bev Shuford is no longer with the Chamber of Commerce.The current Manager of the Chamber of Commerce has been contacted but not yet responded on whether or not she wishes to be appointed.Also,Char Turner is no longer with the Lakefront Inn. jhi'% 6818 CITY COUNCIL MINUTES February 10, 2009 Mayor Covey stated that Brenda Teals and Troy Duzon wish to remain on the committee.Also, both Debbie Doran-Martinez,Chambermanager,and Christine Richie,managerofComfortSuites, have indicated they would be willing to serve on the Committee. Action Taken:Mr.Deane moved that Debbie Doran-Martinez,Christine Richie,BrendaTeals,Troy Duzon,and Mayor Covey be appointed to the Lodging Tax Advisory Committee,seconded by Mr. Liebrecht,and passed unanimously. CONSIDERATION OF BIDS AND QUOTES IO(~7 POLICE CARS The city received two bids for the five police cars.Both bids were above the state contract amount. Action Taken:Mr.moved that the bids be rejected and the police cars be purchased from the state contract in the amount of $138,965.76,seconded by Mr.Deane,and passed with Mr.Liebrecht opposed. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS /09^f FIELDING -COMPREHENSIVE PLAN AMENDMENT -CON'T PUBLIC HEARING Megan Fielding submitted a request to amend the Land Use Element portion ofthe Comprehensive Plan by re-designating property adjacent to Grape Drive north of Maple Drive from Medium Density (~\ Residential to High Density Residential. GilbertAlvarado,Community Development Director,pointedoutthatthe propertytothe westofthis request is an existing R-3 and the property to the south is R-2 but those property owners are interested in a change to R-3 also. The public hearing was opened. ActionTaken:Mr.Reese moved that the publichearing be closed,seconded by Mr.Lane, and passed unanimously. ActionTaken:Mr.Pearce movedthatthe comprehensive plan amendment be approved,seconded by Mr.Liebrecht, and passed unanimously. /J^J NUTRITION WORKS - SIGN Wendy Nichell,Nutrition Works,requested permission to place a sandwich board sign incityright- of-way at 1217 Pioneer Way. The sign would be placed in the grass area behind the sidewalk. Ms.Nichell explained thatthereare multiple businesses atthis location andher primary signisthe sandwich board sign. There was some discussion bythe Council concerning the varioussigns for this location and also the proliferation of signs.(~\ r^ u 6819 CITY COUNCIL MINUTES February 10,2009 Action Taken:Mr.Pearce moved that the sign be allowed,seconded by Mr.Reese. There was some discussion concerningthe proliferation of signs and the effect onthe city's parks maintenance department by placing signs in areas maintained by the city. The motion passed unanimously. PIONEER PIT STOP -SIGN John and Deborah Redford,Pioneer PitStop,requested permission to place a sign incityright-of- way at 1211 PioneerWay. The sign wouldbe locatedinthe existing planter area. Gilbert Alvarado,Community Development Director,explained the historyof reader board signs in the city.He pointed outthatthisisa permanent sign which is located in city right-of-way.He mentioned that discussions on signs inthe past have includedthe opportunityforsignage without using city right-of-way and the placement of additional signage. Mr.Redford stated that this is a 4'x 8'sign and at the time the sign was installed there was no requirement for a permit from the city. The sign has been at this location for at least 9 years. There was considerable discussion by the Council. Action Taken:Mr.Reese moved that the sign be allowed,seconded by Mr.Ecret ^-^Mr.Reese pointed out that the sign has been at this location for 9years and there is nothing wrong with the looks and there has been no problems. Mr.Ecret felt that signage is part of the growth of the city. He felt that these types of signs may be safer than some other types of signs. Mr.Pearce was opposed to the sign as he felt itwas inappropriate and that a sandwich board sign would be more appropriate. Mr.Lane felt that the sign ordinance needs to be revisited. Mayor Covey feltthat the sign could be removed from its current location and placed on the existing pole sign. The motion failed with Mr.Ecret,Mr.Reese,and Mr.Lane in favor,and Mr.Deane,Mr.Liebrecht, Mr.Pearce,and Mayor Covey opposed. PELICAN POINT WASTEWATER AGREEMENT Jill Goodrich requested an extension of the time to complete the sewersystem forthe current and upcoming homes on Goodrich Road, an extension oftime to May 15,2009to pump out the existing septic tanks,and a waiver of the $360 development charge for the 13 existing homes ready to connect to city sewer. /O^O )lia(jp 6820 CITY COUNCIL MINUTES February 10, 2009 Gary Harer, Municipal Services Director,stated that Huck Goodrich was granted permission to discharge wastewater from a number of lots near Pelican Point.Huck Goodrich is now deceased and the contract is being assigned to Keith Goodrich.The construction plans were approved and the construction is complete.All that is left to do is to assign the agreementto Keith Goodrich,pay the system development charges,and pump the tanks.He pointed out that there is no provision in the Municipal Code that allows for a waiver ofthe system development charges.He mentioned that staff would prefer that all the septic tanks be pumped out priorto connecting the system to the city sewer.He pointed out that there is only one point of discharge to the city sewer.Staff has a concern about obtaining compliance to the requirement to pump their septic tanks from all the lots to be served through this one discharge point if they are not all pumped out priorto connection. Jill Goodrich,9592 Baseline .5,stated that Basin SepticTank has agreed to pump the septic tanks but people are not going to want large trucks on their lawn at this time.There are two homes that have been waiting six months to connectto the city's service.The development charges were not mentioned in the agreement and so a waiver has been requested forthat fee.She mentioned that there are 13 existing home owners that are using the existing drainfield and are waiting to connect to city sewer.She stated that there are additional vacant lots that will be connected to the city system when homes are constructed. Gary Morgan,representing Mrs. Goodrich,stated that the delay in pumping out the septic tanks is good sense as it will allowthe ground to firm up. He stated that the Goodrichs are bearing all the cost of the infrastructure.There is only one connection point even though there are currently 13 homes that will be using the system.The $360 came as a surprise to the Goodrichs.They could collect the charge from any new homes constructed but felt the fee should be waived for the ^""^ existing homes. There was some discussion by the Council. Action Taken:Mr.Pearce moved that when the septic tanks are pumped,connection will be allowed to the city's system and the development charges shall not be waived, seconded by Mr. Lane. There was some additional discussion by the Council. The motion passed unanimously. ORDINANCES AND RESOLUTIONS /J5'/ORDINANCE -FLOOD HAZARD AREAS -2nd READING An ordinancewas presented which amends Chapter 18.53,Flood Hazard Areas, to bring itinto compliance with the federal regulations of the National Flood Insurance Program. The ordinance amendingChapter18.53ofthe Moses Lake Municipal Code entitled "Flood Hazard Areas"was read by title only. Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously./^"^ n u ^J ^J 6821 CITY COUNCIL MINUTES February 10,2009 ORDINANCE -WATER AND SEWER REIMBURSEMENTS - 2ndREADING An ordinance was presented which establishes reimbursements for the water and sewer mains installed on Road N NE. The ordinance amending Chapter 13.08 ofthe Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. ActionTaken:Mr.Reese moved thatthe second readingof the ordinance be adopted,seconded by Mr.Lane, and passed unanimously. ORDINANCES - SOLICITORS ANDTAXICAB LICENSE FEES -2nd READING Ordinances were presented which increase thefees for background investigations ofsolicitors and taxicab operations.Theincrease in thefees are a result oftheincreased cost for suchbackground investigations by the Washington State Patrol. The ordinance amending Chapter 5.36ofthe Moses LakeMunicipal Codeentitled "Solicitors"was read by title only. ActionTaken:Mr.Ecret moved that the second readingof the ordinance be adopted,seconded by Mr.Lane, and passed unanimously. The ordinanceamending Chapter5.40ofthe Moses Lake Municipal Code entitled"Taxicabs"was read by title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht, and passed unanimously. ORDINANCES -ADMINISTRATIVE ENFORCEMENT - 2nd READING An ordinance was presented which amends the process used in the city for administrative enforcement to provide a means fora citizen who is under an enforcement order the citizen did not contest to have a means to resolve a disagreement with the Code Enforcement Officer over whetherornot the citizen has done enough to abate the enforcementorder and stop penalties from running. The ordinance amending Chapter 1.20 ofthe Moses Lake Municipal Code entitled "Administrative Enforcement"was read by title only. Action Taken;Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Deane,and passed unanimously. The ordinance amending Chapter 18.88 of the Moses Lake Municipal Code entitled "General JO$V Administration and Enforcement"was read by title only. Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. /07* IQtsX 6822 CITY COUNCIL MINUTES February 10,2009 }Q$X ORDINANCE -MAYOR AND COUNCIL -1st READING An ordinance was presented which updates the organization of the Council by providing for the election of a mayor and deputy mayor and a councilman pro tern. The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled "Mayor and Council"was read by title only. ~g £Action Taken:Mr.Ecret moved that the first reading ofthe ordinance be adopted,seconded by /^Mr.Pearce,and passed unanimously. ORDINANCE -FINANCE DEPARTMENT -1st READING An ordinance was presented which identifies the city as a code city rather than a third class city in the area of investments. The ordinance amending Chapter 2.12 of the Moses Lake Municipal Code entitled "Finance Department"was read by title only. Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. /QSf ORDINANCE -ASPI NORTH GATEWAY ANNEXATION -1st READING The ASPI Group requested the annexation of approximately 261 acres located between Patton Boulevard on the west,the railroad on the east,Harris Road on the south,and 22nd Avenue on the north. The ordinance annexing property commonly known as the ASPI NorthGateway Annexation to the Cityof Moses Lake,Washington,and incorporating the same withinthe corporate limitsof the City of Moses Lake was read by title only. GilbertAlvarado,Community Development Director,stated that the proposed zoning is inlinewith the landuse designation. He also mentioned that there are several pieces of propertywithin the annexation area that do not belong to ASPI but those owners are not opposed to being annexed. Action Taken:Mr.Deane moved that the firstreading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. r^ n /O/^RESOLUTION -IDENTITY THEFT PREVENTION PROGRAM A resolution was presented whichadopts an identity theft prevention program. The resolution adopting an identity theft prevention program pursuant to the Fair and Accurate Credit Transaction Act of 2003 was read by title only. Action Taken:Mr.Richard moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously.f^^) u ^J 6823 CITY COUNCIL MINUTES February 10,2009 RESOLUTION -TRANSFER FRANCHISE -iFIBER A resolution was presented which transfers the franchise granted to Video Internet Broadcasting to iFiber. The resolution consenting tothetransfer ofVideo Internet Broadcasting Corp.'s television franchise to iFiber Communications Corporation was read by title only. ActionTaken;Mr.Ecretmoved thatthe resolution be adopted,seconded by Mr.Lane,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION AIRLINE TRAVEL BANK Authorization was requested for the City Manager to signan agreement with the Grant County Economic Development Council with regard tothe Moses Lake Airline Travel Bank.The city has pledged $2,500 to the travel bank. /i Terry Brewer,Grant County Economic Development Council,stated that no formal agreement is v-/inplace with Skywestatthistimebutitshould be completed bytheendoftheweek.He mentioned thatifSkywest should decide notto provide air serviceto Moses Lake,the funds will be returned. Action Taken:Mr.Reese moved that the City Manager be authorized to execute the agreement, seconded by Mr.Ecret, and passed unanimously. GRANT COUNTY EDC Authorization was requested for the City Manager to sign the 2009 Municipal Services Agreement withthe GrantCounty Economic Development Council.The citywould provide$30,000, which is the same as last year. Terry Brewer,Grant County Economic Development Council,stated that they appreciate the help and cooperation from the city staff. Action Taken:Mr.Ecret moved that the City Manager be authorized to sign the agreement, seconded by Mr.Liebrecht,and passed unanimously. GRANT COUNTY SKILLS CENTER -LOADING ZONE The Moses Lake School District requested a bus turnout on Yonezawa and that itbe designated as a loading and unloading zone.The turnout would be used by school buses to drop off and pickupstudents attendingthe new SkillsCenter. GrantTransitAuthority isalsointerestedinusing the turnout when it is not being used by the school. /)<// IX /OiA, //;$' 6824 CITY COUNCIL MINUTES February 10,2009 Gary Harer,Municipal Services Director,stated thatthe GrantTransit Authorityhas indicated their interest in using the turnout for their buses.The turnout willbe constructed behind the curb within a municipal easementand publicutility easement.Allutilitieswere notified ofthis proposed turnout and the PUD has indicated that their utilities would need to be relocated within a new easement. The School District has indicated the relocation ofthe facilities and a new easement would not be a problem. Brent Harding,architect forthe project,stated that the 200'longloading zone should accommodate up to 4 buses at a time. Having the turnout will eliminate backing into the street,u-turns, and an on-site turn around.The School Districtis in favor of sharing the turnout with GTA as the site will serve 11 different school districts. Christine Armstrong,representing the School District,stated that the Center will serve about 300 students with 150 inthe morning and 150 inthe afternoon with most of the students walking from the high school. It was the consensus of the Council that the requested bus turnout lane be approved. ///^HANDICAPPED PARKING Two handicapped parking spaceswereapproved for Gumwood Street near Fourth Avenue.These two spaces have not been marked because the sidewalk ramp was not constructed by the church which requested them.A recent change in the American Disability Act requires handicapped spaces to be 13 feet wide.The extra width is to protect the disabled person while entering or {"**) leaving the vehicle on the street side.This would leave an 18'wide travel way which only allows for one-way traffic.Asthis is a significant change to the previously approved handicapped spaces, staff is requesting direction from Council. Gary Harer, Municipal Services Director,stated that the additional 5*width means that the street would be essentially one way.He pointed out if the Council grants the extra width, all four handicapped parking spaces would have the extra width. There was considerable discussion by the Council and it was pointed out that Gumwood is not a busy street. Joseph K.Gavinski, CityManager,stated that the citywill have some liability ifthe street is reduced toone way traffic.One solution wouldbe toeliminatethe parking lanewhichwouldprovide for two way traffic in this area. Action Taken:Mr.Liebrecht moved that the additional 5'width for all four handicapped parking spaces on Gumwood be approved,seconded by Mr.Lane,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS /O^Z ANIMAL CONTROL Mr.Pearce suggested that owners of pit bulls and Rottweilers who comply with all the city requirements be allowed to license their dogs at the rate for all other breeds of dogs. n n o 6825 CITY COUNCIL MINUTES February 10,2009 There was some discussion by the Council. It was the consensus of the Council that staff be directed to research the issue and bring back some information on a possible change in the ordinance. CITY MANAGER REPORTS AND COMMENTS GRANT COUNTY STRATEGIC INFRASTRUCTURE PROGRAM Joseph K.Gavinski,City Manager,stated that Grant County has temporarily suspended awards from the Strategic Infrastructure Program in order to look at tightening up rules for grant and loan allocations and the concern that the program maybe impacted by the state's budget deficit.He mentioned that the AGCCT sent a letter to Grant County about their concerns about the suspension ofthe awards, the accounting system, and the operation ofthe program. SENIOR CENTER -FUNDING Joseph K.Gavinski,City Manager,stated that funds for the Senior Center have been budgeted for at the same rate as in 2008. The Senior Center has requested that funding be increased by the amount of the SocialSecurity COLA increase,retroactive to 2001.That would bring the amount of funding forthe Senior Center in 2009 to $11,632. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the contract amount for 2009 be set at $10,500,seconded by Mr.Liebrecht,and passed with Mr.Deane opposed as he felt the amount should be $11,500 BUILDING ACTIVITY REPORT The January 2009 Building Activity Report was presented. INVESTMENT REPORT The city received $9,913.93 in investment income for January 2009. SALES TAX/TRANSIENT RENTAL INCOME The city received $423,485.93 in sales tax and $48,677.30 in transient rental income in January 2009. The regular meeting was adjourned at 9:50 p.m. ATTEST Ronald C.Covey,Mayor 7 ^—/Ronald R.Cone,Finance Director *7ti IIW -O/) /003 t£