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2005 05 246227 MOSES LAKE CITY COUNCIL May 24,2005 Council Present: RonCovey,Richard Pearce,Dick Deane,Steve Shinn, Jon Lane, Lee Blackwell, and Brent Reese PLEDGE OF ALLEGIANCE:MayorCovey led the Councilinthe Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the May 10,2005 meeting be approved as submitted,seconded by Mr.Deane,and passed unanimously. {J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Shinn moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Reese,and passed unanimously. 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 availableto the Council for approval. Asof May 24,2005 the Council does approve for paymentvouchersin theamountof $428,300.78 and prepaid claims of $85,313.86 and $15,541.36. PRESENTATIONS AND AWARD -None CONSENT AGENDA Accept Work -Well 10 Pumphouse Project:Apollo Inc.has completed work on the 2005 Well 10 )/yP Pumphouse Project.The project consisted of replacing the existing building witha new building with new electrical,telemetry,and control systems.The work should be accepted and the 45-day lien period entered into. Request to Sell Fireworks:Moses Lake Modelers and Sand Scorpions have requested permission /05<r to sell fireworks at 914 Stratford Road and 317 W.Broadway,respectively. Resolution -Accept Cash Donation -Special Olympics:A resolution was presented which JOVd? accepted $349.73 from the Special Olympics car wash.The funds are to be used forthe Special Olympics program. \^J Resolution -Accept Street/Utility Improvements -Glenmoor Reach 2 Major Plat:A resolution was //<2-C> presented which accepts the street and utilityimprovements constructed as part of the Glenmoor Reach 2 Major Plat. Barrinaton Point 1 Preliminary Major Plat/Findings ofFact:Cornerstone Real Estate Group has /J£(? submitted a final plat for a 52 lot major plat located on 13.41 acres of property south of Virginia Street between Crestview and Paxson Drives.The area is zoned R-1,Single Family Residential. The Planning Commission recommended that the preliminary plat be approved and the Findings of Fact be accepted. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. COMMISSION APPOINTMENTS Park and Recreation Commission:The Council ratified the appointment of E.Charles Maynard to the Park and Recreation Commission. CONSIDERATION OF BIDS 2005 CHIP SEAL PROJECT The city received two bids for the 2005 Chip Seal Project.This project includes chip sealing 163,900 square yards ofstreets in the base bid plus an additive for 25,800 square yards.The low bid from Central Washington Asphalt containsan addition errorwhich is a minorirregularityand can be waived by the Council.Staff recommended that the Council waive the minor irregularity and award the bidto CentralWashington Asphalt.With the addition of$200,000 to the budget forstreet projects,staffrequested authorization to add additional chip seal layers asdirected bythe engineer as long as the work stays below the $435,000 now budgeted forthis work. Gary Harer, Municipal Services Director,explained the need for the additional chip sealing of the streets and where the funds came from. ActionTaken:Mr.Shinn moved that the irregularity be deemed immaterial and waived and the bid be awarded to Central Washington Asphalt in the amount of $338,475.13 and that staff be authorized to expend up to $435,000,seconded by Mr.Lane, and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None SO?/ /o/9a KJ 6228 CITY COUNCIL MINUTES May 24,2005 ORDINANCES AND RESOLUTIONS //£(e ORDINANCE -AMEND MARINA SHORES PURDD -2nd READING An ordinance was presented which amends the Marina Shores Planned Unit Residential Development District (PURDD)by eliminating the requirement for public liability insurance with the city named as an additional insured. The ordinance amending Ordinance No.1740-A which amended Ordinance 1740 creating a planned unit residential development district of Moses Lake pursuant to Moses Lake Municipal Code 18.22.020 (B) and Moses Lake Municipal Code 18.67 was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Blackwell, and passed unanimously. O mi /07S ORDINANCE -ACCESSORY BUILDINGS -2ND READING An ordinance was presented which regulates the accessory buildings and uses in the residential zones of the city. The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones"was read by title only. Gilbert Alvarado,Community Development Director,stated that one of the reasons for the requirement for a detached structure to have siding and roofing materials similar to those used on the primary dwelling was because of the complaints the city had received concerning accessory structures build with scrap material.Ifthe Council still desires to eliminate that requirement from the ordinance,then the remainder of that section requiring plans indicating the type of siding and roofing materials for the accessory building should also be deleted. Mayor Covey feltthat the requirement should be eliminated as he did not feel that a home owner should be required to construct a small accessory building out of brick simply because the main dwelling unit was constructed of brick. Mr.Deane stated that having continuity to the structures on a lot adds to the aesthetics of the city and he would be in favor of requiring that for accessory structures. Mr.Pearce wasin favor of deleting all of"c"ashe felt it places too great a burden on home owners (~\ who want to have a small shed for garden tools. Mr.Blackwell stated that he was in favor of requiring compatible siding and roofing materials for accessory buildings but since that has been eliminated, he feltthat all of "c"should be deleted. EdStubington, 6200 Turnkey Road NE,pointedoutthatthe metal storage sheds arevery popular and he had no objections to their use. Mr.Lane stated that he would have no problem with a small metal shed but did not feel a large metal shop as a accessory to a home would be compatible. Mr.Alvaradomentioned that anything under 180 square feet is exempt from a building permit so small garden sheds would be exempt from these provisions. Mr.Reese was not opposed to metal buildings. Mr.Shinn felt that all of section "c"should be deleted. There was some discussion by the Council. Action Taken:Mr.Reese moved that the ordinance be amended by deleting all of "c" and the second readingbe adopted,seconded by Mr.Pearce, and passed with Mr.Deane opposed. ORDINANCE -WATER CONNECTION FEES AND WATER REGULATIONS -2ND READING Ordinances were presented which delete Chapter 13.06,Water Regulations,creates Chapter 13.07,Water Regulations,and amends Chapter 13.08,Water and Sewer Connections. The ordinance deleting Chapter 13.06 of the Moses Lake Municipal Code entitled "Water Regulations" and creating Chapter 13.07 of the Moses Lake Municipal Code entitled "Water Regulations"was read by title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Blackwell. Mr.Shinn stated that he requested Senator Mulikento look into the city's "right of entry"to private propertywithoutthe propertyowner's permission. Hesubmittedthe information received from Evan Sheffels,Counsel,Senate Republican Caucus,which indicated that entering onto private property withoutthe property owner's permissionisa violation ofthe state and federal constitutions. Hefelt that section 13.07.090,Right of Entry,should be deleted because itis a violationof constitutional rights.He also feltthat section 13,07.020,which requires connection to city water, would be a taking of water rights away from individualsand should be deleted. n u u u 6229 CITY COUNCIL MINUTES May 24, 2005 Joseph K.Gavinski,City Manager,stated that because ofthe short notice of the information from Senator Muliken,neither he nor the City Attorneyhad a chanceto review itin depth.He mentioned that an administrative search warrant would probably be needed to enter someone's property without their permission,whether the "right of entry"section is in the ordinance or not. James A.Whitaker,City Attorney,stated that the city cannot enter private property,except in an emergency,without the permission of an owner. If entry is necessary,an administrative search warrant would have to be issued,if the property owner does not grant permission. The motion was amended to delete Section 13.07.090. Mr.Shinn stated he objected to requiring a property ownerto connect to city water if they are on an existing well as he felt it is a taking of individual water rights. Mr.Gavinski stated that the requirement to connect to city water would not constitute a taking because the water rights remain.This is similar to the requirement to connect to sewer facilities. The motion as amended passed with Mr.Shinn opposed. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Shinn moved that the second reading ofthe ordinance be adopted,seconded by Mr.Deane,and passed unanimously. ORDINANCE -AMEND STREET CONSTRUCTION OR REIMBURSEMENT CHARGES - 1st ///,/ READING 7 An ordinance was presented which establishes a reimbursement schedule for a future signal or street improvements at the intersection ofValley Road and Paxson Drive.These reimbursements will become due only when the property in the affected area develops and impacts the traffic. The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Construction or Improvement Reimbursement Charges"was read by title only. Gary Harer,Municipal Services Director,stated that a letter was received from the County Commissioners objecting to the inclusion ofthe fairgrounds in the reimbursement area since it is still in the county.He stated that it was included in the reimbursement area because of the possibility of development that could impact the trafficat the intersection of Paxson and Valley. Joseph K.Gavinski, CityManager,stated that itis properto include propertyoutside the city's limits so that when itis development inthe future, the propertywould pay its fair share of the costs of improvements. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. RESOLUTION -ACCEPT GRANT FROM IAC -HERON TRAIL A resolution was presented which accepts a grant of $340,000 from the Washington State /c2/0 Interagency Committee to be used for construction of the Heron Trail. The resolution accepting a grantto the City of Moses Lake Trails Planning Team was read by title only. Gary Harer,Municipal Services Director,stated thatthe design forthis projectwill be completed in the fall of 2005,bid in the spring, and construction started in 2006. Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION REQUEST FOR DIRECTION -MOSES LAKE MUSEUM AND ART CENTER At the Council retreat,staffwas directed to proceed with plans to explore design options and grant opportunities for a future city-owned museum and art center facility in conjunction with the Civic Campus concept.An additional option is to include some indoor performing arts space.There are grant funds available but architectural design schematics are needed.The city can request qualifications from architectural firms or use the services of a state recommended consultant who specializes inthis type ofwork.Staff requested direction on the issue ofthe performing arts space and for procuring the preliminary design schematics necessary for the grant application process. Joseph K. Gavinski, City Manager,stated that approximately $20,000 would be needed for the schematic designs.The funds would come from the hotel/motel taxes. There was some discussion by the Council. no? 6230 CITY COUNCIL MINUTES May24,2005 Action Taken:Mr.Blackwell moved that $30,000 from the hotel/motel funds be allocated to begin work on a city-owned museum and art center facility,seconded by Mr.Lane,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None //SU WATER BILLS Ed Stubington,6200 Turnkey Road NE,stated that his renters showed him a receipt from the city showing that they had paid their last water bill.The city subsequently billed him because the check from the renter's bounced.He suggested that the city look into verifying that funds are in a checking account prior to issuing a receipt. There was some discussion by the Council and staff will look into the process. COUNCIL QUESTIONS AND COMMENTS SINKIUSE SQUARE REDESIGN MayorCovey stated that a study session should be scheduled to discuss the redesign of Sinkiuse Square. There was some discussion by the Council on a date and time for the study session. A study session was set for June 13 at 6 p.m. in the Council Chambers. /OSf FAIRGROUNDS ANNEXATION Joseph K.Gavinski, CityManager,stated that a meeting was held withthe County Commissioners on the proposed annexation of the fairgrounds. The original two page agreement drafted by the citywas expanded by the county to about 14 pages.The county's draft was amended by the city and sent offto the county. The County Commissioners and the city had another meeting on the issue.Some additional language will be added to the agreement and that should take care of the issues from the county's point of view. CITY MANAGER REPORTS AND COMMENTS //3J FIRE SPRINKLER SYSTEMS Gilbert Alvarado,Community Development Director,stated that Engrossed Substitute House Bill 1401,which was signed into law by the Governor in April,deals with sprinkler systems.This bill mandates that night clubs install sprinkler systems.The definition of night club in the bill includes several businesses in the city and they will be required to install a fire suppression system. Dave Helms,Fire Chief,stated that this billwill be forwarded to the Fire Protection Policy Board to obtain their input.They will probably support the bill,perhaps with some minor changes. y/7^POLICE DEPARTMENT ANNUAL REPORT Dean Mitchell,Police Chief,gave a report on the Police Department.He mentioned that the Police Department responds to between 14,000 and 15,000 calls per year.He gave the statistics on the different criminal activity. He mentioned that laptop computers are being installed in the police vehicles.These laptops will allow the officers to download information while in the field rather than having to radio back to base.The officers will also have the ability to communicate by e-mail.He mentioned the grants that the Police Department has received.He explained some of the programs that are sponsored by the Police Department. The regular meeting was adjourned at 9:05 p.m. Ronald C.Covey,Mayor ATTEST: 'sc<f^y*€^ fnald R.Cone,Finance Director ~