2005 09 136264
MOSES LAKE CITY COUNCIL
September 13,2005
Council Present:Ron Covey,Richard Pearce,Dick Deane,Steve Shinn,Brent Reese,Jon Lane,
and Lee Blackwell
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge of Allegiance.
MINUTES:Mr.Shinn moved that the minutes of the August 23,2005 meeting be approved as
[I submitted,seconded by Mr.Lane,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Reese,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those
expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on
a listing which has been made available to the Council for approval.
As of September 13,2005 the Council does approve for payment vouchers in the amount of
$2,295,456.55 and prepaid claims of $72,895.22,$125,978.93,$12,248.54,and $107,723.60.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Requestto AcceptJustice Assistance Grant:Staff requested authorization to accept a $14,545 J/7/
Justice Assistance Grant.The funds will be used for the mobile data computer project.
Heron Trail -IAC Grant:Authorization was requested for the City Manager to execute the grant /A/Q
agreement between the city and the Interagency Committee for Outdoor Recreation for the Heron
Trail project.
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Resolution -Grant Easement-HPH.LL.Enterprises:A resolution was presented which grants an ZO/3
easement to HPH, LLC Enterprises for the construction ofa water pipeline across city property in
Westlake Tracts to serve the Aardvark Mini-Storage facility.
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.
Blackwell,and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS
MECHANICS'TOOLS
The city received three bids for the mechanics'tools consistingof two sets of general tools and one -)•-
set of specialized tools along with the tool boxes.
Action Taken:Mr.Shinn moved that the bid be awarded to Dunn Electric in the amountof$29,058,
seconded by Mr.Lane,and passed unanimously.
PETITIONS.COMMUNICATION.OR PUBLIC HEARINGS
SALES IN CITY PARKS -SWEET TREATS.INC.
DonnaVoelpel,Sweet Treats,Inc.,requested permission to sell ice cream and popsicle treats in
the city's parks from a vehicle.
Joseph K.Gavinski,City Manager,mentioned that commercial activity in the parks must be
permitted by the City Council.There have been a few vendors in the parking lots and at the
Cascade Campground. There is some concern on staffs partwith this activitybecause ofthe city's
concessions in some of the parks,the existing agreements with concessionaires in some of the
parks and the percentage that is given to the city, and the inability to collect a percentage from
mobile vendors in the parks.
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CITY COUNCILMINUTES September 13,2005
Spencer Grigg,Parks and Recreation Director,pointed out that the city operates its own
concessions at McCosh Park,Lauzier Playfield,Larson Playfield,Larson Recreation Center,and
a mobile unit at Cascade Park.The revenue from these concessions are given back to the city to
support the parks and recreation programs.The city has received some complaints about mobile
vendors in Cascade Park. He mentioned thatthe Moses Lake Manta Rays have permission to sell
products during the concerts at McCosh Park and if there is a mobile vendor in the parking lot, it
takes away from the Manta Rays.There is an existing stationary commercial vendor in Blue Heron
Park who pays a percentage to the city on her gross sales.
There was some discussion by the Council.
Donna Voelpel,467 Road N SE,stated that she would like to provide a serviceto the people in the
parks but wants to remain mobile.She stated that she would be willing to give a percentage ofthe
sales to the city.
There was some additional discussion by the Council.
Action Taken:Mr.Pearce moved that the request be denied,seconded by Mr.Deane.
Mr.Pearce pointed out that allowing one mobile vendor in the parks would open it up to any and
all mobile vendors with the resulting traffic congestion and problems.
Mr.Blackwell feltthat denying permission to seli inthe city's parks is a restriction on free enterprise.
Mr.Pearce was concerned about allowing private enterprise to use public property.
Mr.Shinn pointed out that he would be in favor of allowing the use of city parks by mobile vendors
provided they paid the same percentage as stationary vendors.
Mr.Reese felt that there is a difference between mobile vendors and stationary vendors in the
parks and would be opposed to allowing the mobile vendors.
Mr.Lane was in favor of allowing the mobile vendors provided they paid the same percentage to (^s\
the city as the stationary vendors.
Mayor Covey felt thatthe mobile vendors havean advantageoverthe stationaryvendors since they
can service an area during peak times and sell off-site at other times,which is denied to the
stationary vendors.
The motion passed with Mr.Pearce,Mr.Deane,Mr.Reese,and Mayor Covey in favor and Mr.
Blackwell,Mr.Shinn,and Mr.Lane opposed.
VEHICLE STORAGE -REQUEST FOR DIRECTION -SMITH
Jon Smith,246 Northshore,has been contacted by Code Enforcement concerning the placement
of multiple vehicles on his lot that are not in compliance with the provision of the requirement for
residential vehicle storage.Mr.Smith is asking for permission to keep all his vehicles at their
current locations.
Gilbert Alvarado,Community Development Director,stated that Mr.Smith provided pictures ofthe
site when it was originally landscaped and he showed pictures ofthe nine vehicles on the site now.
There was some discussion by the Council and it was pointed out that Mr.Smith lives alone and
there are nine vehicles on the site.
Itwas the consensus of the Council that Mr.Smith should be given 90 days to remove the excess
vehicles from his property or bring the site into compliance with the code./^\
GRANT COUNTY HEALTH DISTRICT
Alexander Brzenzny,Grant County Health Officer,stated that the City of Moses Lake recognized
the important of public health issues by appropriating $1 per citizen for the Grant County Health
District for 2005.He stated that one of the main health concerns in Grant County at this time is
tuberculosis.He mentioned that one person in ten is a carrier of tuberculosis and does not know
it.That equates to 1,600 people in the City of Moses Lake that are carriers and do not know it. He
stated that the people coming to America from all over the world also bring tuberculosis with them.
In 2001 Grant County had the highest incidence of active tuberculosis in the state.The disease
can take 6 to 18 months to treat and cost between $25 to $1,000,000.He mentioned that the 2005
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CITY COUNCIL MINUTES September 13,2005
outbreak has consumed the entire funds budgeted for tuberculosis treatment in the Grant County
Health District's budget.He mentioned that all funds for the treatment oftuberculosis comes from
the countysincethe state provides no funding for this disease.He asked thatthe city considerthis
problem when the next budget is considered.He mentioned that itwillbe requested that each city
provide the Health District with $1 per citizen.The county has agreed to that amount for the
population in the unincorporated areas.
BOYS AND GIRLS CLUB
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The Boys and Girls Club has developed a comprehensive program to help young people develop
skills to resist alcohol,tobacco,drug uses,and premature sexual activity.The program,called
SMART Moves,has been supported by the School District at Larson and North Elementary
Schools.The School District is unable to provide funding to include the program at other schools
in the district.They are requesting the city consider supporting the program in the amount of
$10,000.
Bob Bernd,President of the Board of Directors for the Boys and Girls Clubs,stated that he was
informed that participation by the city would need to be in the form ofa contractwhere the Boys and
Girls Club could provide a specific service for the citizens on behalfof the city.The Board felt that
the SMART Moves program would equate to the DARE program which was previously supported
by the city. He mentioned that they would be willingto submit reports on the program and include
any information requested by the city.
Brad Overberg,Executive Director ofthe Boys and GirlsClub,stated that 101 children from Larson
and North Elementary Schools went through the SMART Moves program last spring.This
program's effect can be measured by the increase in scores on the tests that are given to the
students.He mentioned that they provide additional programs for children between the hours of
3 p.m. and 7 p.m.,which is the time of the highest juvenile crime activity, to give the children
alternative activities.
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Mayor Covey stated that the Boys and Girls Clubs provide much needed activities for the children
but the city has to meet the requirements of the State Auditor's Office.
Mr.Pearce pointed outthat the city cannot give funds forthe overall programs of the Boys and Girls
Club.The citywould need a specific cost and contract forthe SMART Moves program and include
information concerning the number of students that would be served.
P. J.DeBennedetti,Moses Lake School District,stated thatthe SMART Moves program has been
valuable to thechildren at Larson and North Elementary Schools and the Districtwould supportthat
program in the other schools.
Mr.Overberg stated that the SMART Moves program is offered during school hours at North and
Larson Elementary Schools and also after school at the Boys and Girls club houses.
Joseph K.Gavinski,City Manager,stated that the city can only spend money that is authorized
constitutionally and statutorily.The request by the Boys and Girls Club at the present time seems
more in the way of a donation,which is prohibited.
Mr.Bernd stated that more information can be provided to the city concerning this program and
perhaps a contractual arrangement can then be entered into.
It was the consensus of the Council that additional information is needed on the program before
a decision can be made.
CASCADE PARK -SELF HELP FUNDS
The Kiwanis of Moses Lake requested $5,000 in self help funds to construct a shelter at Cascade
Park.
Joseph K.Gavinski, City Manager,stated that the city can contribute up to $25,000 a year forself
help projects butthe value ofthe project must be three times the amount that is provided and can
include donated labor or cash.
Philomine Lund,President of Kiwanis,stated that the city staff is available to supervise the project.
The funds will be used to purchase the material and the Kiwanis will provide the labor.
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CITY COUNCIL MINUTES September 13,2005
Action Taken:M.Pearce moved that $5,000 in self help funds be provided to the Kiwanis Club for
the construction of a covered picnic shelter at Cascade Park,seconded by Mr.Deane,and passed
unanimously.
ORDINANCES AND RESOLUTIONS
//>/ORDINANCE -FENCES.WALLS.AND HEDGES -2nd READING
An ordinance was presented which provides that any fence,wall, or hedge,even if located on
private property,cannot obstruct the view of traffic and pedestrian movement.
The ordinance amending Chapter 12.28 ofthe Moses Lake Municipal Code entitled "Fences,Walls,
and Hedges"was read by title only.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed unanimously.
//9J ORDINANCE -LEGISLATIVE REZONE -PHASE 4-2nd READING
An ordinance was presented which amends the city's zoning in the area northwesterly of Parker
Horn and the centerline of Crab Creek.
The ordinance amending the official zoning map was read by title only.
Gilbert Alvarado,Community Development Director,explained that the passage of this ordinance
willbring the zoning into compliance with the Comprehensive Plan.
Action Taken:Mr.Deane moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Lane,and passed with Mr.Shinn opposed.
RESOLUTION -ACCEPT GRANT -HOMELAND SECURITY/FEMA
A resolution was presented which accepts a grant in the amount of $36,695 from the Department
of Homeland Security and FEMA.the funds will be used for protective clothing for the city's
firefighters.
The resolution accepting a grant from the Department of Homeland Security/FEMA was read by
title only.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
/D7U RESOLUTION - ACCEPT DONATION - JAPANESE GARDEN COMMITTEE
A resolution was presented which accepts $8,876.19 from the Japanese Garden Committee.The
funds are to be used for development of the Japanese Garden.
The resolution accepting a cash donation of$8,876.19 from Japanese Garden Committeewas read
by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
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Oy^RESOLUTION -ACCEPT DONATION -MOSES LAKE WAL-MART
A resolution was presented which accepts $250 from the Moses Lake Wal-Mart.The funds are to s~\
be used for the Special Olympics Program.
The resolution accepting a cash donation of$250 from the Moses Lake Wal-Mart Foundation was
read by title only.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Shinn,and passed
unanimously.
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CITY COUNCILMINUTES September 13,2005
RESOLUTION -ACCEPT DONATION -MOSES LAKE WAL-MART
A resolution was presented which accepts $250 from the Moses Lake Wal-Mart.The funds are to
be used for the T-ball program.
The resolution accepting a cash donation of $250 from the Moses Lake Wal-Mart Foundation was
read by title only.
^J Action Taken:Mr.Lane moved that theresolution beadopted,seconded byMr.Shinn,and passed
unanimously.
REQUEST TO CALL FOR BIDS
SEWER CLEANING PROJECT 2005
Staff requested authorization to call for bids for the 2005 Sewer Cleaning Project.This project
consists ofcleaning and videoing taping more than 75,000'ofconcrete sewermain inthe Lakeview
Terrace,Garden Heights,Montlake,and Knolls Vista areas.
Action Taken:Mr.Shinn moved that staffbe authorized to call for bids,seconded by Mr.Blackwell,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
BAILEY AVENUE AND EASTLAKE DRIVE -CITY PARTICIPATION
Columbia Northwest Engineering has requested city participation in the improvements to Bailey
Avenue and Eastlake Drive from James Avenue to Bailey Avenue.These streets are presently
graveled.The developer ofthe C. Kile Major Plat will be extending Bailey Avenue,James Avenue,
and Lakeway Drive through the plat.The developer will be required to construct another storm
\i sewer main from Bailey Avenue to the lake if this portion of Bailey Street is not improved at this
time.The benefit to the city to improve Bailey Avenue is that another storm sewer main and a
discharge point to the lake would not have to be maintained by city staff.The submitted costs for
the improvements are reasonable.
Gary G. Harer, Municipal Services Director,stated that there are existing homes on both sides of
Bailey Avenue and on the west side of Eastlake Drive.The east side of Eastlake Drive is currently
unplatted and a reimbursement could be requested from that property owner when the property is
platted. He mentioned that storm water is becoming a big issue in the state and new requirements
are being established.Reducing outfall to the lake will become increasingly important.
Phil Bloom,Columbia Northwest Engineering,explained the project.
There was some discussion by the Council.
Action Taken:Mr.Shinn moved that the city participate in the cost ofimproving Eastlake Drive and
Bailey Avenue based on the estimates provided by Columbia Northwest Engineering,seconded by
Mr.Pearce,and passed unanimously.
JONES BOULEVARD -CITY PARTICIPATION
Columbia Northwest Engineering has requested city participation in the improvements to the north
half of Jones Boulevard.The north half of Jones Boulevard was constructed in 1977 and needs
to be replaced since the curb and asphalt has settled so badly that it cannot be matched with the
new street construction.^j
Gary G. Harer, Municipal Services Director,stated that in 1977 developers were allowed to
construct half width streets.Because one side ofa halfwidth street is not protected by a curb and
gutter,it is exposed to deterioration by weather and traffic.
Action Taken:Mr.Pearce moved that the city participate in the cost ofimproving Jones Boulevard
adjacent to Linda's Short Plat based on the estimate provided by Columbia Northwest Engineering,
seconded by Mr.Pearce,and passed unanimously.
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CITY COUNCIL MINUTES September 13,2005
//5^REQUEST TO USE CITY PROPERTY -COUNTRY INSURANCE
Country Insurance has requested permission to use city right-of-way to place an 11'tall by 20'wide
cold air balloon on the grass between the sidewalk and streetat 1340 S.PioneerWay.The balloon
will be staked down to the grass along with water bladders positioned inside the balloon to secure
it to the ground.
Paul Koethke,Country Insurance,stated that the balloon will promote their 30 year anniversary of ^^
doing businessin the city.The balloon would be in place from October 4to7,2005.[)
Action Taken:Mr.Shinn moved that permission be granted for the use of city right-of-way,
seconded by Mr.Lane,and passed unanimously.
//SINKIUSE SQUARE////
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Steve Mallory,ALSC Architects,has completed a conceptual layout of Sinkiuse Square.This
conceptual plan includes the elementsthatwere discussed at the downtown design meetings,the
major difference between this plan and the one presented at an earlierCityCouncil meeting is that
the restrooms have been moved away from the stage and closer to the post office.The next step
is to hire an architectural firm to complete a preliminary design in order to get a cost estimate for
the project.
Gary G. Harer, Municipal Services Director,stated that the main difference is the relocation ofthe
restroom closerto the post office.Vision 2020 and the Downtown Business Association have been
notified of this conceptual plan.
Jacie Daschel,Vision 2020,encouraged the Council to keep the project moving.
Mayor Covey stated that in the future Sinkiuse Square may not be a parking lot but may be
developed intoa plaza and would encourage those areas adjacent to the parkingarea be designed
in such a way that they will not have to be redone when additional development is done.
Action Taken:Mr.Blackwell moved that the conceptual plan be approved and that staffbe directed r^)
to prepare documents to go to bid,seconded by Mr.Deane,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
PUD RATES
Mr.Lane expressed concern about the PUD's slowness in establishing their rates and wanted to
know if the city could do anything to move the process along.
Joseph K.Gavinski,City Manager,stated that the Council has already gone on record encouraging
the PUD to set its rates in an expeditious manner.
Mayor Covey stated that he is putting together a meeting with various entities to discuss items of
interest and the PUD rates is one of those issues.
Mr.Blackwell suggested that it be added to the agenda for the next AGCCT meeting.
RESOLUTION -AIRPORT GRANT
Mr.Pearce stated that the Airport Commission has applied for a grant for several projects at the
Municipal Airport.The funds were granted for the gravel along the runway but one of the
requirements is a resolution from the Council supporting the application for grant funds.He ^—s
requested the Council adoptthe resolution which supports the project and verifies that the city has
the matching funds for this project.
The resolution supporting an application seeking local airportand grant funds from theWashington
State Department ofTransportation,Aviation Division, and committing matching funds was read
by title only.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Lane,and
passed unanimously.
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CITY COUNCIL MINUTES September 13, 2005
EMERGENCY PREPAREDNESS
Mr.Pearce felt that the city should have plans to deal with any crisis or emergency that may
happen.He also felt the citizens of Moses Lake should be made aware of what they should do in
an emergency and what type of preparations they should take.
Dean Mitchell,Police Chief,stated that the county has an emergency preparedness office and
suggested that the director give a presentation to the Council on emergency preparedness.
Mayor Covey appointed Mr.Pearce to look into the situation and what types of emergency help is
available.
AGCCT MEETING
Mayor Covey reminded the Council that the AGCCT meeting is scheduled forThursday,September
29inQuincyat6:30p.m.
CITY MANAGER REPORTS AND COMMENTS
BUILDING ACTIVITY REPORT
The August 2005 building activity report was presented.
INVESTMENT REPORT
The investment report showed the city earned $72,585.48 in investment income for August 2005.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski, City Manager,reported that the city received $384,659.16 in sales tax and
$35,114.88 in transient rental income in August 2005.
The regular meeting was recessed at 10:10 p.m.and the Council met in an executive session to
discuss real estate.The executive session was adjourned at 10:20 p.m.and the regular meeting
was reconvened.
REAL ESTATE PURCHASE
The city has proposed the purchase of the east 525.62 feet of parcel 11 047 5055 which is located
north of Yonezawa Boulevard and adjacent to Desert Highlands Phase 2.The property is
approximately 5 acres in size.
Action Taken:Mr.Deane moved that the City Manager be authorized to purchase the
approximately 5 acres between Yonezawa Boulevard and Desert Highlands Phase 2 Plat for the
sum of $80,000,seconded by Mr. Blackwell,and passed with Mr.Pearce and Mr.Shinn opposed.
The regular meeting was adjourned at 10:45 p.m.
'Ronald C.Covey,MayorC
Ronald R.Cone,Finance Director
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