2009 04 28^J
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MOSES LAKE CITY COUNCIL
April 28,2009
Council Present:RonCovey,Bill Ecret,Jon Lane,Richard Pearce,Dick Deane,JimLiebrecht,and
Brent Reese
The meeting was called to order at 7 p.m. by MayorCovey.
PLEDGE OF ALLEGIANCE:Councilman Liebrecht led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the April 14,2009 meeting be approved,seconded
by Mr.Liebrecht, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certified bythe 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 listing which has been made available to the Council for approval and is retained for public
inspection at city hall.
As of April 28,2009 the Council does approvefor paymentclaimsinthe amount of $482,809.33;
prepaid claims in the amounts of $35,710.32 and $5,802.03;claim checks in the amount of
$1,133,185.68;and payroll inthe amount of $39,546.17.
Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Reese,and passed unanimously.
PROCLAMATION
The proclamation declaring Moses Lake to be a community that takes up the fightagainst cancer
and May 29 and 30 as Moses Lake's Relay for Life was read in its entirety.
Kitty VanHuesden, representingthe Relay for Life,stated that Moses Lake is one of three cities
chosen to participate inthe Cancer Prevention Study 3. Volunteers can sign up at the Relay for
Life on May 29 and 30.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Ordinance -Amending Chapter 18.06 -1st Reading:The ordinance amending Chapter 18.06 of /Osy
the Moses Lake Municipal Code entitled "Definitions"was presented.
Ordinance- Amending Chapter 18.09 -1st Reading:The ordinanceamending Chapter 18.09 of /OS y
the Moses Lake Municipal Code entitled "Zoning Districtsand Map"was presented.
Ordinance -Amending Chapter 18.20 -1st Reading:The ordinance amending Chapter 18.20 of JOS'//
the Moses Lake Municipal Code entitled "Residential Zones"was presented.
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CITY COUNCIL MINUTES April 28, 2009
IO$Y Ordinance -Amending Chapter 18.30 -1st Reading:The ordinance amending Chapter 18.30 of
the Moses Lake Municipal Code entitled "Commercial Zones"was presented.
JOS'/Ordinance -Amending Chapter 18.31 -1st Reading:The ordinance amending Chapter 18.31 of
the Moses Lake Municipal Code entitled "Additional Requirements in the NC,Neighborhood
Commercial Zone"was presented.
/Os/Ordinance -Amending Chapter 18.40 -1st Reading:The ordinance amending Chapter 18.40 of
the Moses Lake Municipal Code entitled "Industrial Zones"was presented.
/Q$Y Ordinance -Amending Chapter 18.41 -1st Reading:The ordinance amending Chapter 18.41 of
the Moses Lake Municipal Code entitled "BP,Business Park Zone"was presented.
/Osc/Ordinance -Amending Chapter 18.48 -1st Reading:The ordinance amending Chapter 18.48 of
the Moses Lake Municipal Code entitled "P,Public Zone"was presented.
/CsY Ordinance -Amending Chapter 18.49 -1st Reading:The ordinance amending Chapter 18.49 of
the Moses Lake Municipal Code entitled "Site Plans"was presented.
/OscY Ordinance -Amending Chapter 18.60 -1st Reading:The ordinance amending Chapter 18.60 of
the Moses Lake Municipal Code entitled "Factory BuiltHomes"was presented.
/OsY Ordinance -Amending Chapter 18.65 -1st Reading:The ordinance amending Chapter 18.65 of ^mit^
the Moses Lake Municipal Code entitled "Manufactured Home Parks"was presented.f)
lOsY Ordinance -Amending Chapter 18.67 -1st Reading:The ordinance amending Chapter 18.67 of
the Moses Lake Municipal Code entitled"Planned Development District Zone" was presented.
/OsY Ordinance -Amending Chapter 18.69 -1st Reading:The ordinance amending Chapter 18.69 of
the Moses Lake Municipal Code entitled"Non-Conforming Use"was presented.
/QsY Ordinance -Amending Chapter 18.71 -1st Reading:The ordinance amending Chapter 18.71 of
the Moses Lake Municipal Code entitled "RecreationalVehicle Parks"was presented.
/OSY Ordinance -Amending Chapter 18.78 -1st Reading:The ordinance amending Chapter 18.78 of
the Moses Lake Municipal Code entitled"PersonalWireless Service Facilities"was presented.
lOsV Ordinance -Amending Chapter 18.80 -1st Reading:The ordinance amending Chapter 18.80 of
the Moses Lake Municipal Code entitled "Hearing Examiner"was presented.
/0ScY Ordinance -Amending Chapter 18.81 -1st Reading:The ordinance amending Chapter 18.81 of
the Moses Lake Municipal Code entitled "Amendments and Zone Changes"was presented.
//^Resolution -Accept Improvements -Sun Terrace Phase I:A resolution was presented which
accepts the street and utility improvements, the off-site improvements, and the lift station for Sun
Terrace Phase 1 Major Plat.
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CITYCOUNCIL MINUTES April 28, 2009
Resolution - Accept Improvements -Pioneer Commercial Park 3rd Addition:A resolution was //<£&?
presented which accepts thestreetand utility improvements for the Pioneer Commercial Park 3rd
Addition Major Plat.
ActionTaken:Mr.Dean moved thatthe Consent Agenda be approved,seconded by Mr.Lane, and
passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
AMBULANCE
The cityreceivedone bid for the new ambulance. Staff recommended thatthe bid be awardedto
Hughes Fire Equipment.
Action Taken:Mr.Reese moved thatthe bid be awarded to Hughes Fire Equipment in the amount
of $162,381,seconded by Mr.Liebrecht,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
LAKESHORE MOTEL -SEWER CONNECTION
Lakeshore Motel has requested permissionto connect a portion oftheir building tothe city's sewer
force main because of a failure of an on-site septic system in 2008.The staff has recommended
that connection to the force main be denied as there is a gravity system in the vicinity.
A letter from the Lakeshore Motelwas read which gave the background on the septictank situation
andthe impactithadontheirbusiness and requestingthey be allowedto connecttothe city'sforce
main located in the vicinity of the motel.
Jim Whitaker, CityAttorney, stated that there are a number of septic systems that service the
Lakeshore Moteland one of them failed.Under current city regulations,the failure of the septic
system requires the motel to connect to city sewer.
Gilbert Alvarado,Community Development Director,gave the backgroundon the situation which
has been on-going for over a year.
There was considerable discussion and it was pointed out that staff has followed the necessary
procedures in this matter.The failure ofthesepticsystem was first noticed in March 2008.There
has been considerable discussion with the Lakeshore Motelon the options available to correct the
failure ofthe septic system and connectingthe Lakeshore Motel tothe city's system.The reasons
for staff's recommendation to deny the request to connect to the force main were supplied.
Hap Khela,Lakeshore Motel,stated that there are five separate septic systems serving all the
buildings onthe siteandthethree units in question areconnectedtoonlyone ofthesystems.He
statedthattheyarebeing required toconnectthe entiremoteltothe city'ssystem even thoughonly
;)one of the septic systems has failed.He mentioned that the Health District does not have an issue
^—'with granting them additional time to correct the problem.He mentioned that they would be willing
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CITY COUNCIL MINUTES April 28, 2009
to close the three units served by the failed septic system and ifthat were done he did not feel the
remainder of the site should be required to connect to the city's sewer.He pointed out that the
gravity sewer system is 350'away while the force main is closer.
It was pointed out that the Grant County Health District gave the Lakeshore Motel 60 days from
March 17,2008 to correct the problem and comply withthe city's regulations.It was also pointed
out that when those three units are connected to the city's system,the remaining units are within
200'of the city's system and by ordinance, must also be connected to the city's system.
There was considerable discussion on what can be done to resolve the issue.
Action Taken: Mayor Covey moved that the Lakeshore Motel be given an additional90 days to
completethe hookupofthe moteltothe city'sgravity sewer line as recommended bycitystaff,that
units 18, 19 and 20 be closed until the sewer project is completed,and the septic system be
decommissioned and removed,seconded by Mr.Liebrecht, and passed unanimously.
/020 SIGNS -RELAY FOR LIFE
Kitty VanHeusden,Relayfor Life,requested permission toplacesigns advertising the Relay for Life
on May 29 and 30. The signs will be erected on May 1 inthe generalareaof Broadway Avenue
near Larson Playfield,Pioneer Wayand Highway 17,5 Corners,and W.Broadway and 3rd Avenue.
The signs will be removed before June 7.
Action Taken:Mr.Ecret moved that permission begranted for the placement ofthe signs for 2009,([)
seconded by Mr.Lane, and passed unanimously.
1020 SIGNS - MOSES LAKE BUSINESS ASSOCIATION
Marianne Bondi,Moses Lake Business Association,requested permission to placesandwich board
signs advertising the Third Thursdayon Third event each month.The signs will be putout early
on the third Thursday ofthe month and taken inthe same evening. The signs will be placedatthe
cornerof Broadwayand Alder near J's Teriyaki Grill,at Broadwayand Third at KwickyCorner,and
at 5 Corners.
ActionTaken:Mr.Ecret moved that permission be granted forthe placement ofthe signs for2009,
seconded by Mr.Liebrecht, and passed unanimously.
ORDINANCES AND RESOLUTIONS
J/&2 ORDINANCE -GENERAL PENALTY -2nd READING
An ordinance was presented which provides for time payments of violations of city ordinances
except for Redflex issued infractions.
The ordinance amending Chapter 1.08 of the Moses Lake Municipal Code entitled "General
Penalty"was read by title only.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded f""^
by Mr.Ecret, and passed unanimously.
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CITYCOUNCIL MINUTES April 28, 2009
ORDINANCE -PENINSULA/BATTERY VACATION - 2nd READING
An ordinance was presented which provides forthe vacation of a portion of the intersection of
Peninsula Drive and Battery Road.
The ordinancevacating a portion ofthe intersectionof Peninsula Drive and BatteryRoad was read
by title only.
ActionTaken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
ORDINANCE -ANIMAL CONTROL -1st READING
An ordinance was presented which separates the actions of a vicious dog from the status of
keeping a vicious dog.
The ordinanceamending Chapter6.05 ofthe Moses Lake Municipal Code entitled"Animal Control"
was read by title only.
James A. Whitaker, CityAttorney, explained the changes to the animal control regulations.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Deane,and passed unanimously.
RESOLUTION -DONATION -MOSES LAKE BUSINESS ASSOCIATION
A resolution was presented which accepts the donation of the sculpture "Take A Seat" valued at
$7,768,809.
The resolutionaccepting a donation of the sculpture "Take A Seat" by the Moses Lake Business
Association valued at $7,768.80 to be part of the Sculpture Without Walls Collection was read by
title only.
Rich Engleman,Moses Lake Business Association,stated thatthe donation ofthe sculpture is in
honor and appreciationof the outstanding work of Sally Goodwin for the Moses Lake Business
Association and requested that the city provide a plaque noting the donation.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Liebrecht,and
passed unanimously.
REQUEST TO CALL FOR BIDS
MOBILE RADIOS
Staff requested permission to call for bids for three mobile radios and 44 pagers.The mobile
radios will be installed inthe new vehicles being purchased and the pagers will replace the current
unreliable pagers used by the Fire Department.
^—'Action Taken:Mr.Lane moved that staff be authorized to call for bids,seconded by Mr.Ecret,and
passed unanimously.
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CITY COUNCIL MINUTES April 28, 2009
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
//£?COMMUNITY STREET AND UTILITY STANDARDS -AMENDMENTS
Minoramendments to the 2008 Community Street and Utility Standards were presented.
Action Taken:Mr.Pearce movedthatthe amendments be approved,seconded by Mr.Reese,and
passed unanimously.
//£(,WESTLAKE PLANNED UNIT DEVELOPMENT -OPEN SPACE
Ed Greer,representing the Westlake Planned Unit Development,requested the Council consider
a proposalto develop a 16'strip of privateopen space along the west side of Hansen Road as
credit towards meeting the platting requirement for open space dedication or paying a fee in lieu
of dedication. This 16'wide stripof private open space is proposed to be developed incombination
with an additional 13.5'of city right-of-way as a landscaped activity trail.
Gilbert Alvarado,Community Development Director,explained the open space requirements and
pointed outthat private open space may be allowed in lieu of public open space provided itmeets
the requirements of qualified open space.
There was some discussion bythe Council.([)
Mr.Greer pointed outthattheWestlake Planned Unit Developmentisagatedcommunitywith only
one access pointon Hansen Road. The cityplansshow activity trails on Fairway Drive and Hansen
Road.The Westlake Planned Unit Development will be constructing the activity trail on Hansen
Road butwanted more than just a 10'wide trail.There will be a decorativeblock wall between the
homes and the 29.5'of landscaped areaadjacentto Hansen Road. Withinthe development there
will be additional open space thatcan notbe used for public open space. He pointedoutthatthe
landscaping area and activitytrail along Hansen Road will be maintained by the home owners
association. He mentioned that they are requesting that the right-of-waybe used as creditforopen
space dedicationand for at least some of the required parkfees be used to improvethis activity
trail.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the 29.5'strip of land adjacent to Hansen Road be
developed as a landscaped activity trail to be maintained by the developer, that a portion of the
funds paid by subsequentdevelopments as fee-in-lieu ofdedicated open space be used todevelop
the trail,the funds not be used to develop the entrance into Westlake Phase 1,and that the 13.5'
of right-of-way to be used as partof the activity trail not be allowed as credit towards the open
space requirement,seconded by Mr.Ecret, and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None (~*\
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April 28,2009
CITY MANAGER REPORTS AND COMMENTS -None
The regular meeting was recessed at 9:45 p.m.and the Council met in an executive session with
the City Attorney to discuss litigation for 30 minutes.The executive session was adjourned at
10:15 p.m. and the regular meeting was reconvened.
REVENUE SHARING AGREEMENT
Action Taken:Mr.Lane moved that the City Attorney proceed with the litigation discussed,
seconded by Mr.Liebrecht, and passed unanimously.
The regular meeting was adjourned at 10:16 p.m.
ATTEST Ronald C.Covey.JvteyGY
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Ronald R.Cone,Finance Director