2009 06 09^J
6878
MOSES LAKE CITY COUNCIL
June 9,2009
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 Mayor Covey.
PLEDGE OF ALLEGIANCE:Councilman Pearce led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes of the May 26,2009 meeting be approved,seconded
by Mr.Lane, and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certified bythe FinanceDirector 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 ofJune 9,2009 the Council does approve forpayment claimsinthe amount of $$1,425,360.53;
prepaid claims in the amounts of $29,617.07, $397.80, and $166,487.22; claim checks in the
amount of $900,079.61;and payroll in the amounts of $60,277.76 and $3,190.34.
;j Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
V^y approved,seconded by Mr.Lane,and passed unanimously.
PRESENTATIONS AND AWARDS
PROCLAMATION c
The proclamation declaring June 2009 as Home Ownership Month In Moses Lake,Washington
was read in its entirety.
VISION 2020 -AWARDS
Bill Ecret, President, Vision 2020,presented aVisionaryAwardto Consolidated Disposalfortheir
community service over the years.
POLICE DEPARTMENT
Juan Loera, PoliceOfficer,was presented witha certificateforcompleting four weeks of forensic
computer training at the Federal LawEnforcementTraining Centerat Clynco,Georgia.
CONSENT AGENDA
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Ordinance -Amending Chapter 16.02 -1st Reading:The ordinance amending Chapter 16.02 of JO 6^
the Moses Lake Municipal Code entitled "Building Permits"was presented.
K,^)Ordinance -Amending Chapter 16.36 -1st Reading:The ordinance amending Chapter 16.36 of /u ^
the Moses Lake Municipal Code entitled "Fire Code"was presented.
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CITY COUNCIL MINUTES June 9, 2009
/Of/Ordinance -Amending Chapter 17.09 -1st Reading:The ordinance amending Chapter 17.09 of
the Moses Lake Municipal Code entitled "Definitions"was presented.
/Off Ordinance -Amending Chapter 17.13 -1st Reading:The ordinance amending Chapter 17.13 of
the Moses Lake Municipal Code entitled "Short Subdivisions"was presented.
)Ofl Ordinance -Amending Chapter 17.17 -1st Reading:The ordinance amending Chapter 17.17 of
the Moses Lake Municipal Code entitled "Major Subdivisions"was presented.
/Of/Ordinance -Amending Chapter 17.36 -1st Reading:The ordinance amending Chapter 17.36 of
the Moses Lake Municipal Code entitled "Reimbursement for Utility Installations"was presented.
,j$ll Ordinance -Amending Chapter 19.03 -1st Reading:The ordinance amending Chapter 19.03 of
the Moses Lake Municipal Code entitled "Classification and Designation of Resource Lands and
Critical Areas and Regulations for the Conservation and Protection of Resource Lands and Critical
Areas"was presented.
/OYO Resolution - Accept Deed -Ecret:A resolution was presented which accepts a deed from Ecret
Property, LLC for the Peninsula Drive Phase II development.
/D/3>Resolution - AcceptEasement-Plate:A resolution was presented which acceptsan easement
from David J.Plate for the Peninsula Drive Phase II development.
/OY0 Resolution -Accept Deed -Molitor:Aresolution was presented which accepts adeed from Michael Z0^
and Marilyn Molitor for the Peninsula Drive Phase II development.'
jq^q Resolution -Accept Deed -Molitor:A resolution was presented which accepts a deed from
Matthew E. Molitor for the Peninsula Drive Phase II development.
/09b Resolution -Accept Deed - Estoos: A resolution was presented which accepts a deed from
Norman T.and Sandra Estoos for the Peninsula Drive Phase II development.
M/fA AcceptWork ~2009 Crack Seal Project:BCV,Inc.has completed the work for the 2009 Crack
Seal Project.The projectconsisted of sealing morethan 300,000 feet ofcracks onvarious streets,
alleys, and parking lots. The work should be accepted and the 45 day lien period entered into.
//Jlp Resolution - Accept Water Improvements - Sparks Short PlatNo. 3. Lot 1-B:A resolution was
presented which accepts water improvements formunicipaluse to serve the Sparks Short PlatNo.
3,Lot 1-B.
//7<^Resolution -Accept Grant:A resolution was presented which accepts a $40,000 Justice
Assistance Grant from the Interagency Narcotics Enforcement Team.
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.
Liebrecht,and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
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CITY COUNCIL MINUTES June 9, 2009
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
USE OF CITY PROPERTY -MOSES LAKE BUSINESS ASSOCIATION
The Moses Lake Business Association requested permission to use Sinkiuse Square on Saturday,
June 20,from 8 a.m. to 3 p.m. for a Summer Yard Sale in Lake Town Landing.Participating
merchants will puttables outinfront oftheirbusinesses likea typical sidewalksale andthe public
would rent tables at Sinkiuse Square from the MLBA.
Gail Hellewell,Moses Lake Business Association,stated that this event would be advertised as
something otherthan a yard sale and ifitis wellreceived, they would liketo do iton a monthly
basis.This would be a fund raiser for the Moses Lake Business Association.
There was some discussion by the Council.
Action Taken:Mr.Ecret moved that permission be granted to the Moses Lake Business
Associationto use Sinkiuse Square on June 20 from 8 a.m. to3 p.m.,seconded by Mr.Liebrecht,
and passed unanimously.
SIGN -2009 WORLD SERIES BASEBALL COMMITTEE
The 2009 World Series Baseball Committee requested permission to place a 50'sign on the
outfield fence of Field A, at Larson Playfield,facing Broadway, as wellas a 50'sign and several
smaller signs on the outfield fence facing Field A.
ActionTaken:Mr.Deane moved that the request be granted,seconded by Mr.Liebrecht,and
passed unanimously.
SIGN -BASIN BASH BENEFIT CONCERT
Luis Yzaguirre requested permission to post signs advertising a Basin Bash Benefit Concert on
June27atthe privately owned Zamora Park.The signswould be placed at Broadway and Third,
Broadway and Alder,Highway 17 and Pioneer Way,and Highway 17 and Grape Drive.
Joseph K.Gavinski,City Manager,pointed outthat the sign locations could bea problem as two
ofthemareonstate right-of-way and two ofthemareon city-owned property rather than right-of-
way.Atthedirection ofthe Council,signs oncity-owned property have been removed.The state
does not allow signs on their property.
There was some discussion by the Council on the placementand duration of the signs.
Mr.Yzaguirre stated that his oldest son has cerebral palsy and the concert isto raise funds to
purchase a wheelchair accessible van sohecan be more independent.He mentioned that hehas
made all the arrangements for the concert and now justneeds permission to place the signsto
advertise the event.
There was additional discussion by the Council.
V_y Action Taken:Mr.Pearcemovedthat permission be granted for the signs with the stipulation that
thesigns not beerected until June 20and Mr.Yzaguirre work with staffonthe location ofthesigns,
seconded by Mr.Liebrecht,and passed unanimously.
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CITY COUNCIL MINUTES June9,2009
l/SA TSUNAMI SUSHI -REQUEST TO USE CITY PROPERTY
Dwane Lind,Tsunami Sushi,requested permissionto close Third Avenue between Division and
Ash on July 10,2009 from 7 p.m. to 12 midnight.The intentis to provide entertainment for the
patrons ofTsunami Sushi.
Mr.Lind stated that the concert last year was a big success.The problemwith having the concert
at Sinkiuse Square is that it would not be connected to the Tsunami Sushi restaurant.He
mentioned that when the street is closed,itautomatically becomes a part ofthe restaurant and the
patrons cantake theiralcoholic drinks outsidethe restaurant.Securitywould be provide toensure
that no one would take alcohol beyond the closed area. Ifitwere held at Sinkiuse Square, the
security would be problematic.
Therewas some discussion bythe Council anda letterof supportwas submitted from Miller's Fine
Jewelers.
Gail Hellewell,BobTrask, Jeff Foster,Craig Jorgensen,Marianne Bondi,Moses Lake Business
Association,and Cody Hall,Columbia Basin Herald,spoke in favor of the request.
Action Taken:Mr.Liebrecht moved that the request to close Third Avenue on July 10 from 8 a.m.
to midnightbe granted,seconded by Mr.Reese,and passed unanimously.
/C&O SIGN -VEHICLE
Stuart O'Byrne requested permission to use an electronic sign, mounted to a vehicle,for the
purposeof advertising.The currentsigncode does notaddress thistype of signand requiresthat
signs on a vehicle be flush mounted and non-illuminated.
Gilbert Alvarado, Community Development Director,stated that under the current sign code the
signwouldnotbe permitted. Hementioned that nocityinthe State ofWashington allowsthistype
of sign at this time.
There was some discussion by the Council.
Mr.O'Byrnedistributed information onthis newtechnology and mentioned thatthistype ofsignage
is in place in Seattle and Spokane.The sign is basically a flat screen TV protected from the
elements and mounted to the top of a car. He did not believe their would be a safety issue since
these signs are in use in other places.
Jason Haugen stated that Spokane and Seattle have regulations forthese type of signs.
Mr.Pearce pointed out that businesses using these type of signs are essentially using the public
streets for their private benefit.
There was some discussion and it was the consensus of the Council that staff be directed to
investigate these type of signs.
MCCOSH PARK -FARMERS MARKET
The Columbia Basin Farmers Market requested permission to relocate the Saturday Farmer's
Market to McCosh Park beginning June 20,2009 because of the construction of the new city hall
at Civic Center Park.The Farmer's Market would remain at McCosh Park through 2010.
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CITY COUNCIL MINUTES June 9, 2009
Spencer Grigg,Parks and Recreation Director,stated thatthe Farmer's Marketis concerned about
the construction impacting the Farmers Market,especiallythe possible loss of power.The Farmers
Market would be located between the tennis courts and the water park.
Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Liebrecht,and
passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -PARKING REGULATIONS - 2nd READING
An ordinance was presented which clarifies penalties for a variety of parking violations.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCE -CORPORATE BOUNDARY CHANGES - 2nd READING
An ordinancewas presented which provides for the transfer of jurisdiction from the county to the
cityof right-of-way for Road L NE,Kittelson Road,Westshore Drive,Hansen Road, and Fairway
Drive.
The ordinance adjusting corporate boundaries of the City of Moses Lake pursuant to RCW
35A.21.210 was read by title only.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
RESOLUTION -ACCEPT DONATION -FERGUSON
A resolution was presented whichaccepts $300 from the friends and family of Dennis Ferguson.
The funds will be used to purchase a bench in memory of Dennis Ferguson
The resolution accepting donations totaling $300inmemoryof Dennis Ferguson for the purchase
of a bench from the Moses Lake Parks Gifts and Memorials Catalog was read by title only.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Pearce, and
passed unanimously.
RESOLUTION -ACCEPT DONATION -ALL STAR ENTERPRISES
A resolution was presented which acceptsa donation of$200 from All StarEnterprises.The funds
are to be used for the city's parks and playgrounds.
The resolution accepting donations totaling $200for parks and playgrounds was read by title only.
Action Taken:Mr.Brent moved that the resolution be adopted,seconded by Mr.Lane, and passed
unanimously.
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CITY COUNCIL MINUTES June 9,2009
REQUEST TO CALL FOR BIDS
I&9 LAKESHORE AND PENINSULA RECONSTRUCTION PROJECT
Staff requested authorization to call for bids for the Lakeshore and Peninsula Reconstruction
Project.This project consistsof reconstructing one mile ofstreetfrom the intersection of Peninsula
Drive and Battery Roadto the intersection of Lakeshore Drive and Pommer Street.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Reese,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
/0(f<P'6 RECYCLE PROGRAM
Staff presented two proposals fora recycling programinthe city.
Ron Cone, Finance Director,explained the different proposalsand the various options available.
He pointed out that recycle programs work best when the non-recyclables cost morethan the
recyclables,as the cost differenceis the incentive for peopleto recycle.The cityis investigating
the possibility of recycling yard waste, since thatisthe largest contributor to the landfill.
Dave Patterson, Lakeside Disposal, stated that recycling has been discussed with the city for
severalyears. Atthe presenttime Lakesideisunableto recycle plastics.The proposed recycling
program would decreasetheamountofgarbage takentothe landfill.Heexplained the educational
process that would need to take place to informthe publicof the program.
Rick Penhallurick mentioned that there is a city that recycles organic material and composting it
and sellingitfortop soilso it becomes a source of income to the municipality.
There was considerable discussion by the Council.
Action Taken:Mr.Liebrecht moved that Recycling Plan B be implemented,seconded by Mr.
Reese.
There was additional discussion by the Council.The motion failedwith Mr.Liebrecht,Mr.Reese,
and Mr.Lane in favor,and Mr.Pearce,Mr.Ecret,Mr.Deane,and Mayor Covey opposed as it was
felt additional information should be provided to the public priorto start up of the program and that
the stormwater issue needs to be resolved first
/0/ty4 2009 SEAL COAT PROJECT -NIGHT WORK
Granite Asphalt requested permission to begin work on the chip sealing in the Central Business
District at 4 a.m.and in the residential areas at 6 a.m.in order to avoid working during the hot
afternoon,which is not conductive for chip sealing.The early start times will also have less of an
impact on traffic./"N
Action Taken:Mr.Lane moved that the request be granted,seconded by Mr.Ecret, and passed
unanimously.
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CITY COUNCIL MINUTES June 9, 2009
SETBACK REQUIREMENTS -BACK PORCHES
The Community Development Departmenthas received numerous letters from citizens regarding
non-permitted construction inthe rearyard setback.The issue concerns the construction of porch
covers that encroach within the rear yard setbacks.
Gilbert Alvarado,Community Development Director,stated that in the newer subdivisions the
homeswereconstructed to the setbacks.Construction is not allowed within a setback.Many home
owners have constructed covered porches within the setbacks and without permits.Because of
the number of unpermitted porch covers in existence,enforcement was delayed pending the
appearance of the home owners in front of the Council.He pointed out that the only option to
allowing the porch covers is to amend the ordinance.
Joseph K.Gavinski, City Manager,stated that the solution seems to be to leave the porch covers
in place but allow them to be constructed within the setback to a certain number of feet and
provided itdidnot become a partof the permanent structure. Ifthe regulationsare amended,the
owners of the existing porch covers would be required to obtain permits fortheir back yard porch
covers.
There was some discussion by the Council which was in favor of amending the regulations to
address the setback issue.
KitJors,713 Paxson,stated that while he does not have a covered porch at the present time,he
will be constructing one in the future and is glad to see the city addressing the issue.He
mentioned that he had contacted several municipalities and many allow porches to within 5'of the
property line.
BobCarpenter,Gerry McLanahan,Dennis Polumsky,Zoora Draves,VictorBower,Gary Haugen,
Debbie Redford,Teresa Palmer,George Ramos,and Wayne Colston all thanked the Council for
the consideration of the amendment to the requirements.
STORMWATER UTILITY AND SERVICE RATE
Staff has prepared draftordinancestoestablishastormwaterutility andservice rate.Three public
informational meetingswere held to explain the requirements,the proposed rates,andto receive
comments.The stormwater utility is the resultof the Department of Ecologydesignating Moses
Lake as a Phase II cityand their stepped up enforcement on the drywell requirements.
Mayor Covey stated that stormwater control is mandated by the state which has provided no
funding forthe program. Howto pay forthe programis the issue.
JimWhitaker,City Attorney,explained the difference in the permit requirements betweenWestern
and Eastern Washington.
Joseph K.Gavinski,City Manager,stated that the city objected to its inclusion in the state
mandated stormwaterrequirementsbut because Moses Lakehas been designated as an impaired
body of water under the Clean Water Act, the citywas included.
v—/Gary Harer,Municipal Services Director,stated that the stormwater utility fee is based on the
impervious ground surface method since itis the method most used inthe nation and has been
proven and tested. There is a possibility that credits could be given for on-site storm water
treatment though most cities do not provide such a credit.
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CITY COUNCIL MINUTES June 9, 2009
There was considerable discussion bythe Council on how the fee would be assessed and whether
or notcredits could be providedforexistingstormwater controldevices.It was pointedout that the
city will also be required to inventoryand upgrade the existing drywells,sweep the streets more
often and take the sweepings to the landfill,upgrade some of the drywells, and clean the
stormwater system.
Dick Hansen,owner of 1607 Broadway,stated that itis mandated by the federal government and
the city needs to raise about $700,000 per year. The main source of contaminants come from
vehicles. Everyone contributes to the problem including city residents, county residents, and
tourists.He felt the fairest solution is to include everybody.The current rate schedule does not
take intoaccount howmany vehicles are on a specific piece of property. Hedid notfeel itwas fair
that Wal-Mart wouldpaythe same rate as a church that would use itsparking lotonce a week. He
suggested that the sales tax be increased to cover the cost of the stormwater program.
Arlin Hope, 1515 Division,requested that the city consider who is causing the problem. He
mentioned that his property contains the stormwater on site and none goes into the city's system.
Pete Carpenter,210 Crestview, distributed a letter outlining his concerns.
Rick Penhallurick,Express Lumber, pointed out that individual autos cause most of the problem
and he felt that some method should be considered to take that into account.He also felt that if
a property takes care of its stormwater on site, the cityshould also take that intoconsideration.
Letters were also submitted from Moses Lake Steel Supply, National Frozen Foods,and Silverbow
Honey Co.
A study session was set for June 23 at 6 p.m. inthe Council Chambers.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS -None
The regular meeting was adjourned at 11 p.m.
ATTEST """"Ronald C.Cove^M^yor'
Ronald R.Cone,Finance Director
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