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MOSES LAKE CITY COUNCIL
March 24,2009
Council Present:Ron Covey,Bill Ecret, Jon Lane,Richard Pearce,Dick Deane,Jim Liebrecht,and
Brent Reese
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the March 10,2009 meeting be approved,
seconded by Mr.Liebrecht,and passed unanimously.
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, certifiedas 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 March 24,2009 the Council does approve for payment claims inthe amount of $262,345.53;
prepaid claims in the amounts of $10,438.44 and $27,360.88; claim checks in the amount of
$902,337.95;and payrollin the amounts of $39,028.01 and $41,516.05.
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Reese,and passed unanimously.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA -None
COMMISSION APPOINTMENTS
TOURISM COMMISSION/AIRPORT COMMISSION
Mayor Covey requested Council confirmation of the appointment of Jonathan Brooks to the
Tourism Commission and the re-appointment of Delone Krueger and Lewis Mason to the Airport
Commission.
ActionTaken:Mr.Lane moved that the appointments be confirmed,seconded by Mr.Pearce, and
passed unanimously.
CONSIDERATION OF BIDS AND QUOTES
EXTENDED CAB PICKUPS
The city received one bid for the two small extended cab pickups.Discovery Ford was the only
bidderand their bidhad several exceptions to the specifications.Staff recommended that the bid
be rejected and the pickups be purchased through the state bid.
Action Taken:Mr.Deane moved that the bid be rejected and the pickups be purchased through
the state contract in the amount of $35,569.80,seconded by Mr.Liebrecht, and passed
unanimously.
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CITY COUNCIL MINUTES March 24, 2009
/0/7 HALF TON PICKUP
The cityreceived two bids for the Vz ton pickup.The bid from Discovery Ford in Moses Lake was
slightly higher than the bid from Legacy Ford in Pasco.
Joseph K.Gavinski, CityManager, pointedout that state statute allowsthe Councilto consider the
sales tax that would be retained by buying locally.By taking into account the sales tax that would
be returned to the city, the bid from Discovery Ford would be the low bidder.
Action Taken:Mr.Pearce moved that the bid be awarded to Discovery Ford in the amount of
$19,212.61 as RCW 39.30.040 allows the cityto recoup the sales tax,seconded by Mr.Ecret, and
passed unanimously.
10H ROTARY TRIM MOWER
The cityreceived two bids for the rotary trim mower. Both bids had some minorexceptions which
the Council can waive.
Action Taken:Mr.Lane moved that the exceptions be waived and the bid be awarded to
Evergreen Implement in the amount of $30,139.52,seconded by Mr.Deane, and passed
unanimously.
IOH SERVICE TRUCK CHASSIS
The city received two bids for the service truck chassis.
Action Taken:Mr.Pearce moved that the bid be awarded to Legacy Ford in the amount of
$22,929.48,seconded by Mr.Liebrecht,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/OSf*ORDINANCE -SPARKS II ANNEXATION -2ND READING
An ordinancewas presented which annexes approximately 16.32 acres located on Kittleson Road
and North Frontage Road.
The ordinance annexing property commonly known as the Sparks II 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.
The public hearing was opened.
Action Taken:Mr.Ecret moved that the public hearing be closed,seconded by Mr.Reese,and
passed unanimously.
Action Taken:Mr.Liebrecht moved that the second reading of the ordinance be adopted,
seconded by Mr.Lane,and passed unanimously.
lOff PENNIVY STREET VACATION -PUBLIC HEARING
Curtis Beasley requested the vacation of the portion of Pennivy Street located east of Lakeside
Drive.
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CITY COUNCIL MINUTES March 24,2009
The ordinance vacating a portion of Pennivy Drive was read by title only.
Gilbert Alvarado,Community Development Director, pointed out that there is a liftstation in this
area that the city will need to continue servicing and if the vacation is approved,easements or
some other means will need to be retained in order to access the lift station.
Mr.Beasley stated that the four lots to the south of Pennivy Driveare owned by one person who
is inthe process of consolidating the lots and is in favor of the vacation. He mentioned that he is
working with the city to provide access to the liftstation.
The public hearing was opened.
Action Taken:Mr.Reese moved that the publichearing be closed,seconded by Mr.Liebrecht, and
passed unanimously.
ALASKA CARTS -VEND IN PARKS
Joy Acas, Alaska Carts,requested permission to sell Italian ice inthe city's parks.
Joseph K.Gavinski,City Manager,stated that citystaff has notreviewed this request and pointed
out that generally the city has not allowed mobile vendors in parks where the city has its own
concession stands.
Itwas the consensus ofthe Council that Ms.Acas contact city staff before any action is taken by
the Council.
HANDICAPPED PARKING
Jim Amdal requested a handicapped parking space in front of Wayne's Barber Shop at 321 S.
Beech.
Mr.Ecret stated that staff has been investigating the issue since October 2008.Staff did indicate
that to create a handicapped parking space inthat area would be expensive.
There was some discussion by the Council and itwas suggested the citydevelop a plan for the
location of handicapped parking spaces.
Action Taken:Mr.Lane moved that the request be tabled until a handicapped parking plan is
developed,seconded by Mr.Liebrecht,and passed unanimously.
FARMERS MARKET -USE OF CITY PROPERTY
Mark Rowley,President,Moses Lake Farmers Market,requested theuseof Civic Center Park for
the Farmers Market on Saturday from May through Octoberand the use of Sinkiuse Square and
one half of the 300 block of Ash Street on Wednesday from June through September.
Mr.Rowley stated thatthe Farmers Market has 110 members and sold over 1200 spaces.Most
of the vendors are small businesses.
There was some discussion by the Council.
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CITY COUNCIL MINUTES March 24, 2009
Action Taken:Mr.Ecret moved that the request for the use of the Civic Center Park,Sinkiuse
Square,and one half of Ash Street be granted,seconded by Mr.Liebrecht, and passed
unanimously.
//(rff LAKESHORE MOTEL
The owners of the Lakeshore Motel requested time before the Council to discuss their septic
issues.
Gilbert Alvarado,Community Development Director,stated that the Lakeshore Motel is under
enforcement by the city.
Mayor Covey was concerned that no information was provided by staff on this issue.
Joseph K.Gavinski, City Manager,mentioned that the request fortime before the Council was
delivered after the deadline for submittals forthe agenda.Since the Lakeshore Motel has only until
April 1to connect tothe city's system orbe closed down, the request was provided to the Council.
Hap Khela,Lakeshore Motel,stated that they had a problemwith one of the five drainfields at the
motel which he repaired but that he was unaware that he needed a permit to do so.The intent is
to connect the site to city sewer but there have been problems in obtaining contractors to do the
work.The system is not yet connected and the city has posted the property as being unsafe,which
has impacted the business.The Department of Health has granted permission to operate themoteluntilthesitecanbeconnectedtothecity's system so long as there are no problems.^"^
Jim Whitaker,City Attorney,stated that once the septic system failed, the motel was required to
connect to city sewer.There was a letter of understanding developed to address the issue which
the owners were reluctant to sign.The owners of the motel requested they be given untilApril 1,
2009 to connect to the city's sewer.The section of the motel being served by the failed septic
system was not be to occupied.The signs were posted because the Police Department served a
search warrant and discovered people living in the units that were not supposed to be occupied.
The next step would be to seek a court injunction to compel the motel to connect.
Mr.Alvarado pointed out that there are two buildings that have been designated as dangerous
buildings and those will remain posted until the dangerous situation has been corrected.He
mentioned thatthe last correspondencethe city received from the Health Districtin December 2008
indicated that the Lakeshore Motel should complete the sewer connection within 60 days with the
understanding that because of winter weather an extension of time may be needed.The
Lakeshore Motel sent a letter to the city requesting that they be given until April 1,2009 to correct
the problem.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the Lakeshore Motel be given until May 1 to have a
contractor employed to do the work,seconded by Mr.Lane,and passed unanimously.
ORDINANCES AND RESOLUTIONS
/OS?-ORDINANCE -ASP!NORTH GATEWAY ANNEXATION -SINGLE READING
An ordinance was presented which corrected the legal description for the ASPI North Gateway
Annexation.
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CITY COUNCIL MINUTES March 24, 2009
The ordinance amending Ordinance 2422 annexing property commonly known as the ASPI North
Gatewayannexation to the Cityof Moses Lake,Washington,and incorporating the same withinthe
corporate limits of the City of Moses Lake was read by title only.
Action Taken:Mr.Lane moved that an emergency be declared and the ordinance be adopted on
a single reading,seconded by Mr.Reese,and passed unanimously.
ORDINANCE -AMEND WATER AND SEWER RATES -1st READING
An ordinance was presented which deletes the portion of the regulations dealing with extensions
requested by the Grant County Community Action Council.Those extensions are no longer
requested.
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled Water and
Sewer Rates was read by title only.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Ecret,and passed unanimously.
ORDINANCE -VACATE ALLEY - DIAZ -1st READING
An ordinancewas presented which amends the vacation of the alleyadjacent to Lots 1-6 and Lot
11 ofthe Parkhill-Scea Addition.In order for the vacation to be completed,reimbursement of one
halfthe appraisedvaluemust be remitted tothe city.A small portion ofthe vacatedalleyisowned
by the Columbia Basin Rodeo Association which has declined to paythe fee.In order for the
vacation to proceed, that small portion of the vacated alley will be deleted.
The ordinanceamending Ordinance No.2416 vacatinga portion of an alleywas readbytitleonly.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by
Mr.Lane,and passed unanimously.
RESOLUTION -ACCEPT DONATION -NATIONAL ENDOWMENT FOR THE HUMANITIES //0<P
A resolution was presented which accepts a grant in the amount of $1,000 from the National
Endowment for the Humanities.
The resolution acceptinga$1,0000 grant in supportofthe National Endowment for the Humanities
Farm Life Exhibit at the Moses Lake Museum and Art Center was read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
REQUEST TO CALL FOR BIDS
AMBULANCE
Staff requested authorization to callfor bids fora new ambulance.
Action Taken:Mr.Ecret moved that staff be authorized to call for bids,seconded by Mr.Deane,
and passed unanimously.
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CITY COUNCIL MINUTES March 24, 2009
REFERRALS FROM COMMISSIONS
/O^i/ORDINANCE -SIGN REGULATIONS -1st READING
An ordinance was presented which establishes regulations for electronic signs.The Planning
Commission recommended that the ordnance be amended by increasing the height of the bottom
of the sign to 13'from grade and eliminating the section prohibiting flashing,pulsing,explosions,
fireworks,or other such displays.
The ordinance amending Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs"was
read by title only.
Gilbert Alvarado,Community Development Director,stated that the Planning Commission
discussed the electronic signs that have been going up in the city lately. He explained that the
electronic sign regulations came directly from the state statutes.The Planning Commission felt
that ifthe sign isat least 13'fromgrade, the use of flashing, undulating, pulsing, fireworks,orother
displays should not be prohibited.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,including
section P. 3.,seconded by Mr.Deane.
Mr.Pearce and Mr.Deane felt that simply raising the height of the sign does not address the iT^
problem with the displays.
Mr.Lane and Mr.Reese felt that the displays should be allowed because it draws attention to the
business and the city wants to encourage businesses.
Mayor Covey felt that the illumination is the problem rather than the displays.
The motion failed with Mr.Pearce and Mr.Deane in favor and Mayor Covey,Mr.Reese,Mr.Lane,
Mr. Ecret,and Mr.Liebrecht opposed.
Action Taken:Mr.Ecret moved thatthe first reading ofthe ordinance be adopted with the deletion
of P. 3.,seconded by Mr.Lane,and passed with Mr.Ecret,Mr.Reese,Mr.Lane,and Mayor Covey
in favor and Mr.Liebrecht,Mr.Deane,and Mr.Pearce opposed.
OTHER ITEMS FOR COUNCIL CONSIDERATION
//£(,WESTLAKE PLANNED UNIT DEVELOPMENT -OPEN SPACE
Ed Greer,representing Odell Crittenden,has submitted applications for two major plats and a 67
acre planned unit development containing 47.5 acres of single family residential uses and 19.5
acres of commercial uses.The site is located north of North Frontage Road,west of Hansen
Road,south of Fairway Drive,and east of the Moses Lake Country Club.Residential
developments are required to dedicate 5%of their gross area as qualified open space for public
purposesorpaya fee in lieu of dedication of land equivalent to 5%ofthe valueofthe land being f~\
developed.Private open space may be allowed to be used towards the public open space
requirement.The developer is requesting that the proposed private park and landscaped
entrances be counted towards the open space requirement as well as the proposed meandering
path to be constructed along Hansen Road.
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CITY COUNCIL MINUTES March 24, 2009
Gilbert Alvarado,Community Development Director,stated that both the Parks and Recreation
Department and the Planning Commission feltthat the landscaped entrances and the small private
park should not be part of the open space requirement but that the proposed meandering path
along Hansen Road would be considered as part of the open space requirement.He mentioned
that staff has indicated that the city will require a landscape plan for the path which is to be
approved by staff.He stated that another proposal on the open space has been provided by the
proponent.
Ed Greer,representing the development,stated that the developers have proposed a combination
of the dedication of land and the fee in lieu of dedication.The proposal is a senior gated
community with one access offof Hansen.Along Hansen will be a landscaped meandering path
which includes 16'of private land and 13.5'ofthe right-of-way. By using the meandering path as
open space,only 57%of the lots will be required to pay the park fee.The request is to credit the
meandering path towards the required open space and that the collected fees be used to improve
the path.
Therewas somediscussion by the Council and itwas requested thata plan ofthe meandering path
be provided.
WESTLAKE PUD -DEVIATIONS
Ed Greer,representing Odell Crittenden,has requested several deviations to the Community
Standards for Mountain Avenue intheWestlake PUD development.The request is fora reduction
of the right-of-waywidth from 80'to 60'and no sidewalk alongthe south and east sides of Mountain
Avenue.The 60'right-of-waywill provide for2 trafficlanes, a center left turn lane, bicycle lanes
on both sides,and an activity trail on the north side.
Shawn O'Brien, City Engineer,pointed out that the request is for 60'of right-of-way ratherthan the
standard 80'of right-of-way.The developer will provided a 10'public easement on each side of
the 60'right-of-way.The easement will be used for utilities.The city is requesting these 10'
easements also be dedicated as municipal easements in order to allow for signs,dry wells, and
other necessary publicutilities.The Department ofTransportation has supplied a lettersupporting
the realignmentof the frontage roadwhich will improvethe flow and safety of the I-90 off ramps.
Mr.Greer stated that they are in agreement that the 10'easements will provideforboth publicand
municipal uses.He mentioned that itwas the request of the Department of Transportation to
eliminate the frontage road west of Hansen Road.
Mr.Pearce questioned the disposition of the vacated frontage road.
Bill Gould, DepartmentofTransportation,stated that nodecision has been made on whether ornot
toactuallyabandon thissection ofthe frontageroad.It wouldbe recommended thatthe developer
remove the asphalt.
Mr.Greer stated that they wouldbe opposed to being required to remove all the asphalt between
Hansen Road and the realigned frontage road as that could get very expensive.
Action Taken:Mr.Ecret moved that the deviations to the Community Standards be granted,
seconded by Mr.Pearce,and passed unanimously.
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CITY COUNCIL MINUTES March 24,2009 _
(T)10$^REC SILICON -WASTEWATER PERMIT
An amended wastewater discharge permit forREC Silicon was presented.The permit allows REC
to increase their monthly average and daily maximum flows to meet the demands caused by the
expansion.
Shawn O'Brien, City Engineer,stated that the permit closely follows the state's permit.
Action Taken:Mr.Deane moved that the City Manager be authorized to sign the permit,seconded
by Mr.Lane,and passed unanimously.
//7^GRANT -POLICE DEPARTMENT
The Moses Lake Police Department requested permission to apply forthe Edward Bryne Memorial
Justice Assistance Grant.The funds would be used to help finance a new Desk Officer.
Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Reese,and passed
unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
//7^GANG ACTIVITY (~^)
Mr.Lane requested a report on gang activity in Moses Lake.
Dean Mitchell, Police Chief,explained how the Police Department defines gang activity and that
officers are cautioned about attributing activities to gangs.He mentioned that mostofthe problems
with juveniles are graffiti.The Police Department is addressing the issue by having two Police
Resource Officers in the schools.The city has a strong graffiti abatement program between the
Police Departmentand the Community Development Department and a good relationship with the
Grant Countyjuvenile authorities as well asthe neighboring lawenforcement agencies.He pointed
out that the majorityof gang violence is against each other ratherthan property crimes or violence
against the general public.
/A??
CITY MANAGER REPORTS AND COMMENTS
AMBULANCE SERVICE
Joseph K. Gavinski, City Manager,stated that Corbin Moberg, Omni Staffing Services,has
requested approval to provide ambulance services in the city where those needs are not currently
being met.To provide those services would require a contract with the city.
Tom Taylor,Fire Chief,stated that the only transports the city is not doing at this time are the
requests from Grant Mental Health as they were cost prohibitive.
There was some discussion on whether or not the city would be interested in having those services f*}
provided.Itwas the consensus that staff provide some additional information on the ambulance
service.
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INSURANCE
Joseph K.Gavinski,City Manager,stated that the citywill receive a refund from the AWC Retro
Pool.
Ron Cone,Finance Director,stated that the refund is because the city belongs to a pool and has
minimal L &I Claims.
PROJECTS LIST
Gilbert Alvarado,Community Development Director,distributed a report on current projects.
The regular meeting was adjourned at 10:15 p.m.
ATTEST Ronald C.Covey,
Ronald R.Cone,Finance Director
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