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2009 07 28u KJ W 6904 MOSES LAKE CITY COUNCIL July 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 Deane led the Council in the pledge of allegiance. MINUTES:Mr.Reese moved that the minutes of the July 14,2009meeting beapproved,seconded by Mr.Lane, 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 reimbursementclaims,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 July28, 2009the Council does approve for payment claimsinthe amount of $272,231.75; prepaid claims in the amounts of $6,351.07, $31,656.60, $8,702.34, and $879.71;claim checks in the amount of $2,324,890.64;and payroll in the amount of $75,791.38. 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 PARKS AND RECREATION DEPARTMENT Thomas Los,Recreation Supervisor,was presented to the Council. CONSENT AGENDA Ordinance -Amending Chapter 2.08 -2nd Reading:The ordinance amending Chapter 2.08 ofthe /Oq Moses Lake Municipal Code entitled "Mayor and Council"was presented. Ordinance -Amending Chapter 2.64 -2nd Reading:The ordinance amending Chapter 2.64 ofthe ID fJ- Moses Lake Municipal Code entitled "Employee's Social Security"was presented. Ordinance -Amending Chapter 2.88 -2nd Reading:The ordinance amending Chapter 2.88 ofthe /C?<f x Moses Lake Municipal Code entitled "Municipal Court"was presented. Ordinance -Amending Chapter 3.25 -2nd Reading:The ordinance amending Chapter 3.25 ofthe /N(f Moses Lake Municipal Code entitled "Sales and Use Tax: 1983"was presented. Ordinance -Amending Chapter 3.30 -2nd Reading:The ordinance amending Chapter 3.30 ofthe //4^ Moses Lake Municipal Code entitled "Utility Occupational Tax"was presented. c* 6905 CITY COUNCIL MINUTES ;July 28,2009 //</£,Ordinance -Amending Chapter 3.34 -2nd Reading:The ordinance amending Chapter 3.34 ofthe Moses Lake Municipal Code entitled "Park and Recreation Department Use Fees"was presented. //L/(s Ordinance -Amending Chapter 3.40-2nd Reading:The ordinance amending Chapter 3.40ofthe Moses Lake Municipal Code entitled "Auditing Officer and Voucher Auditing and Certification"was presented. Jbb^Ordinance -Amending Chapter 5.06-2nd Reading:The ordinance amending Chapter 5.06ofthe Moses Lake Municipal Code entitled "Licensing Regulations -Temporary Locations"was presented. /fife a Ordinance -Amending Chapter 5.07-2nd Reading:The ordinance amending Chapter 5.07ofthe Moses Lake Municipal Code entitled "Itinerant Merchants and Vendors"was presented. /£/a Ordinance -Amending Chapter 5.16 -2nd Reading:The ordinance amending Chapter 5.16 of the ^Moses Lake Municipal Code entitled "Circuses and Carnivals"was presented. /i)£^Ordinance -AmendingChapter5.22 -2nd Reading:The ordinance amendingChapter5.22ofthe Moses Lake Municipal Code entitled "Pawnbrokers and Secondhand Dealers"was presented. /3 £^Ordinance -Amending Chapter 5.36-2nd Reading:The ordinance amending Chapter 5.36ofthe Moses Lake Municipal Code entitled "Solicitors"was presented. Ordinance -Amending Chapter 5.40 -2nd Reading:The ordinance amending Chapter 5.40 of the (T^) Moses Lake Municipal Code entitled "Taxicabs"was presented.' ,//^0 Ordinance -Amending Chapter 6.12 -2nd Reading:The ordinance amending Chapter 6.12 of the Moses Lake Municipal Code entitled "Bees and Apiaries"was presented. //0"3 Ordinance -Amending Chapter 8.08 -2nd Reading:The ordinance amending Chapter 8.08 ofthe Moses Lake Municipal Code entitled"Garbage Collection"was presented. /J53 Ordinance -AmendingChapter8.14-2nd Reading:The ordinance amendingChapter8.14ofthe Moses Lake Municipal Code entitled "Nuisances"was presented. //sj Ordinance -Amending Chapter 8.24 -2nd Reading:The ordinance amending Chapter 8.24 ofthe Moses Lake Municipal Code entitled "Burglar Alarm Systems"was presented. //Sj Ordinance-Amending Chapter8.52 -2nd Reading: The ordinanceamending Chapter8.52 of the Moses Lake Municipal Code entitled "Residential Vehicle Storage"was presented. /02 7 Ordinance -Amending Chapter 10.16 -2nd Reading:The ordinance amending Chapter 10.16 of the Moses Lake Municipal Code entitled "Weightand Load Restrictions"was presented. /Q?7 Ordinance -Amending Chapter 10.28 -2nd Reading:The ordinance amending Chapter 10.28 of the Moses Lake Municipal Code entitled "Bicycles"was presented. //,Ordinance -Amending Chapter 12.02 -2nd Reading:The ordinance amending Chapter 12.02 of /"""^ the Moses Lake Municipal Code entitled "Definitions"was presented. o u O 6906 CITY COUNCIL MINUTES July28, 2009 Ordinance -Amending Chapter 12.14 -2nd Reading:The ordinance amending Chapter 12.14 of /lis/ the Moses Lake Municipal Code entitled "Sidewalk Use Licenses"was presented. Ordinance -Amending Chapter 12.16 -2nd Reading:The ordinance amending Chapter 12.16 of /A>/ the Moses Lake Municipal Code entitled"Street and Utility Construction Permits"was presented. Ordinance -Amending Chapter 13.04 -2nd Reading:The ordinance amending Chapter 13.04 of 16 y^ the Moses Lake Municipal Code entitled "Sewer Regulations"was presented. Crittenden 2nd Additional Final Major Plat and Findings of Fact:O'Dell Crittenden has submitted '^ a final plat for a 3-lot industrial development located north ofWheeler Roadatthe intersection with Hamilton Road. The area is zoned Light Industrial,which corresponds with the Comprehensive Plan LandUse Designation of Industrial.The Planning Commission recommended that the final platand Findings,Conclusions and Decisionbe approved. Pelican Horn Final Planned Unit Development and Findings of Fact:Terrence O'Brien has //^Cp submitted an application for a final plannedunit residential development and a final short plat for one lotthat will be developed with four residences.The site is located west of Division Street, at the intersectionwith 7th Avenue.The area is zoned R-3,Multi-family Residential,which corresponds withthe Comprehensive Plan Land Use Designation of High Density Residential.There are no significant changes between the preliminary and final plat,and no changes to the proposed planned unit residential development.The developer has requesteda waiver ofthe requirement to extend sewer in Division Street for the frontage of the plat.The Planning Commission recommended that the planned unitdevelopment approved and the waiverbe granted and the Findings, Conclusions, and Decision be approved. Resolution -Grant Easement -PUD:A resolution was presented which grants the PUD an JO/'S easement for their service lines within the Knolls Vista Park. 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 LAKESHORE AND PENINSULA RECONSTRUCTION PROJECT2009 :J;y The city received eight bids for the Lakeshore and Peninsula Reconstruction Project 2009.This project includes reconstructing approximately one mile of Peninsula Drive and Lakeshore Drive. Action Taken:Mr.Lane moved that the bid be awarded to Jansen,Inc. in the amount of $1,209,557,seconded by Mr.Pearce, and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS CITY NEWSLETTER K^)Harlan Beagley,Columbia Basin Herald,suggested that the city provide aquarterly newsletter through the Herald.He provided a sample oftheonethat the Herald does for the school district. He alsoprovided thecost for a single pageanda four pagenewsletter andexplained howitwould be distributed with the newspaper and on-line. |W 6907 CITY COUNCIL MINUTES July 28,2009 There was considerable discussion,and it was pointed out that staff could create a newsletter in house and submit itto the company that mails out the utility bills.Such a newsletter would be similar to the one currently produced by the PUD. After some additional discussion,itwas the consensus of the Council to discuss the issue further. /020 CENTRAL WASHINGTON JOBS PROJECT -SIGNS Central Washington JOBS Project,Pre Employment Training Program,requested permission to place signs to advertise their weekly recruitment for trainees, which is held at SkillSource very Wednesday at 6 p.m. Jeni Billups,5679 Road 6.6 NE, representing Central Washington JOBS Project,distributed information on the PreEmployment Training Program.She mentioned thatthere are family wage jobs available with benefits inthe manufacturing sector and they need students to train. Alex Leaden,311 W. Ridge, Pre-Employment Training Program,stated that Central Washington JOBS is committed to building a better work force and it consists of 9 manufacturing firms interestedin investing in future employees. She explained the program and classes available. Tom Neil,112 Belmont,Pre-EmploymentTraining Program,stated thatthey arehavingahardtime getting the word outtothe public thattherearejobsavailable andclasses to train them for thejobs. Gilbert Alvarado,Community Development Director,stated that the city can discuss the sign issue f~^\ with Central Washington JOBS Project and provide some alternatives for the proposedsignage. //b(t SEWER SYSTEM - O'BYRNE ColumbiaNorthwestEngineering,representing StuartO'Byrne, providedinformation regarding the proposed hybrid sewer system consistingof E-1 grinders and a gravity system for the Westshore Vista Major Plat. Gary G.Harer,Municipal Services Director,stated that staff has not had time to review the information and would like time to discuss the proposed options with the developer.He explained the operationof the proposed grinderpumps and discharge that have been allowedinother areas of the city. There was somediscussion and itwas the consensus ofthe Council that DeputyMayor Pearce and staff should meet with the proponent to discuss the proposal. ORDINANCES AND RESOLUTIONS Ap-s/ORDINANCE -SIGNS -1st READING An ordinance was presented which amendsthe sign regulations to prohibitthe placement of signs on city owned property and on right-of-way adjacent to city owned property.The amendments permitthe placement of signs on private property and right-of-way adjacent to private propertywith the permission of the property owner./""N o 6908 CITY COUNCIL MINUTES .July 28,2009 v-/Action Taken:Mr.Pearce moved that the ordinance be removed from the table,seconded by Mr. Lane,and passed unanimously. The ordinance amending Chapter 18.58 ofthe Moses Lake Municipal Code entitled "Signs"was read by title only. Joseph K.Gavinski,City Manager,stated that the existing ordinance does not allow signs on city property or on the right-of-way adjacent tocity property.The proposed ordinance simply clarifies the existing regulations.He pointed out that court cases support the city's position of prohibiting signson city property andon city right-of-way adjacent to city property. Alan Odermann,21 Karl Road NE,felt thatitis unconstitutional to prohibit political signs andthat commercialsigns should be dealt with separate from political signs. JamesA.Whitaker,City Attorney,statedthatWashington Statelaw requires the regulation ofsigns to be content neutral,which means that ifa political sign is allowed,any other type of sign must also be allowed. Robert Payne,1050 Ashley Way,agreed with Mr.Odermann's remarks and was under the impression that staffwas to look for sitesto locate political signs.He felt that ifthe state law prohibits the placement of political signs in certain areas,then thestate law needstobe changed to reflectthe rightsguaranteed by the United States Constitution. /Julia Hodgson,2017 Beaumont,stated that the free speech clause in the United States \-J Constitution was specifically intended to protect political speech.She stated that if they are prohibited from advertising a political rally,thentheyarenot free to assemble. Ann Mix,1236 Vandenberg,felt that allowing political signs is important as they provide communication for advertising political rallies. Kim Ashley,1001 Laguna,cited case law dealing with political signs and felt the proposed ordinance is unconstitutional as it limits free speech. There was considerable discussion. Scott Lange,1412 Hamilton,stated that he agreed withthe comments of Ms.Ashley. Action Taken:Mr.Pearce moved that the issue be tabled,seconded by Mr.Lane,and passed unanimously. ORDINANCE -SETBACKS -1st READING An ordinance was presented which willallow appurtenances attached to residences to encroach within the rear yard setback with the stipulation that the appurtenances cannot be converted into habitable living space by enclosure. U The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones"was read by title only. JO^ 6909 CITY COUNCIL MINUTES July 28,2009 Gilbert Alvarado,Community Development Director,mentioned that the rear yard setback has not been changed.The ordinance simply grants an exception. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. )OH ORDINANCE -BLANCHET VACATION -2nd READING An ordinance was presented which rescinds the ordinance vacating the right-of-way of Blanchet Avenue adjacent to Park Orchard Tract 23.The vacation is being rescinded because the proponents have not paid for the vacated right-of-way. The ordinance rescinding Ordinance No.2424 vacating a portion of Blanchet Avenue was read by title only. Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. REQUEST TO CALL FOR BIDS IOil INFRASTRUCTURE INSPECTION HARDWARE.SOFTWARE.AND EQUIPMENT Staff requested authorization to call for bids for hardware,software,and computer equipment to upgrade the camera system toTV the sewer mains.tf~°\ Action Taken:Mr.Lane moved that staff be authorized to call for bids,seconded by Mr.Deane, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION 111 WESTSHORE WALKANDWESTLAKE PLANNED UNIT DEVELOPMENT -INTERSECTION o l£U Staff suggested that the Hansen Road and Westshore Drive "Y"intersection be eliminated by realigning Westshore Driveto intersect into Hansen Road. Action Taken:Mr.Liebrecht moved that this item be removed from the table,seconded by Mr. Lane,and passed unanimously. Gary Harer,Municipal Services Director,statedthatthe best wayto resolve the issue of the "Y" intersection of Hansen Road and Westshore Drive is to "T"Westshore into Hansen Road.He mentioned that the developer is in agreement withthe proposed change of the intersection.He statedthatthe city has counted the traffic onWestshore Drive and Hansen Roadand found that 2,400 vehicles use Westshore Drive and 2,500 vehicles use Hansen Road. Mick Hansen,1828 Fairway,statedthatthe proposed configuration is something thatthey could live with.ff"^ 6910 CITY COUNCIL MINUTES July 28,2009 v—'Dick Hansen,6526 Fairway,felt thatthe configuration ofthe intersection shouldbechanged sothat Hansen would "T"into Westshore since most of the cars going north are using Westshore and most of the cars coming south are using Hansen. ActionTaken:Mr.Pearce moved that the change to the intersection be endorsed,seconded by Mr.Reese,and passed unanimously. RESOLUTION -ACCEPT GRANT -BUREAU OF JUSTICE ASSISTANCE jnq A resolution was presented which acceptsa grant in the amount of $12,523.The funds will be used to purchase equipment for the Graffiti Vandalism Prevention Program in the Police Department. The resolution accepting a justice assistance grantwas read by titleonly. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Lane, and passed unanimously. KJ- U STORMWATER UTILITY Gary Harer,Municipal Services Director,stated that staffhas created five methods to pay for the stormwater utility.He explained each methodandrequested Council direction on which to utilize. There was some discussion bythe Council and itwas the consensus thatthe impervious ground surface with five commercial rates be used. DickHansen, 6526 Fairway,wanted to knowwhythe street sweeping isincluded inthe stormwater management as he did not think it was logical. Mr.Harerstated sweeping the streets isthe city's method of removing the debris and contaminants before they reach the lake. Mick Hansen,1828 Fairway,felt that since the city already has funds for street sweeping,those funds should be part of the stormwater utility. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS BLUE HERON PARK Action Taken;Mr.Deane moved that the name of Blue Heron Park be changed to Pioneer Park, seconded by Mr.Liebrecht. There was some discussion by the Council. The motion failed with Mr.Deane,Mr.Liebrecht,and Mayor Covey in favor and Mr.Pearce,Mr. Lane,Mr.Reese,and Mr.Ecret opposed. J£03 //Q* 6911 CITYCOUNCIL MINUTES July 28,2009 CITY MANAGER REPORTS AND COMMENTS )Ct LAND USE HEARINGS EXAMINER TRAINING Joseph K.Gavinski,City Manager,stated that the Washington Cities InsuranceAuthority is offering a seminar on Land Use Hearings Examiner Training and will include the advantages and disadvantages of the system. /O30/BUILDING ACTIVITY REPORT The building activity report for June was presented. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,stated the sales tax is down about 20%for the past month and is a negative 3.13%for the year. The regular meeting was recessed at 11:05 p.m.and the Council met in a 10 minute executive session to discuss labor relations.The executive session was convened at 11:10 p.m.and adjourned at 11:20 p.m.and the regular session was reconvened.Thej^gular session was adjourned at 11:20 p.m. ATTEST Ronald C.Covey,IVfeyor •&*-&— Ronald R.Cone,Finance Director ~ n