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2006 04 11u ^J 6336 MOSES LAKE CITY COUNCIL April 11,2006 Council Present:Ron Covey,Richard Pearce,Dick Deane,Jon Lane,Bill Ecret,Brent Reese,and Jim Liebrecht PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge ofAllegiance. MINUTES:Mr.Reese moved that the minutes of the March 28,2006 meeting be approved as submitted,seconded by Mr.Lane,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Deane moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Liebrecht,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW42.24.080,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 and is retained for public inspection at city hall. As of April 11,2006 the Council does approve for payment vouchers in the amount of $921,938.35,and prepaid claims of $32,100.39 and $109,252.17. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Yonezawa Park Preliminary Major Plat/Findinas of Fact:The City of Moses Lake and the Moses /'^^ Lake Christian Church applied for permits to subdivide 12.38 acres of land into two lots.One lot will be 5 acres and developed bythe city as a park.The other lotwill be 7.38 acres and developed by the Moses Lake Christian Church with a church and parking lot.The site is located north of Yonezawa Boulevard and eastof Division Street.The area is zoned R-1,Single Family Residential, which corresponds with the Comprehensive Plan Land Use Designation ofLow Density Residential. The Planning Commission recommended that the preliminary plat be approved with the following conditions and the Findings of Fact be approved: 1.The comments ofthe Development Engineershall be addressed before final plat submittal. 2.The comments ofthe Fire Marshal shall be addressed. 3.Pedestrian access from Stirling Avenue to the proposed city park shall be perpetually maintained. Resolution -Accept Donation -Japan Airlines:Aresolution was presented which accepts a$2,000 SO '^ donation from Japan Airlines.The funds will be used in the Parks and Recreation Department. Resolution -Abandon Easement:A resolution was presented which abandons a 10'easement along the south lot lines of Lots 32 - 36,Terminal Park Addition No. 2.The abandonment will facilitate the construction of the Central Operations Facility improvements. /Q/3 ^->Resolution -Accept Grant -Department ofHomeland Securitv/FEMA:Aresolution was presented ''^/ which accepts a $17,230 grant from the Department of Homeland Security/FEMA.The funds will be used for fire prevention and education activities. 6337 CITY COUNCIL MINUTES April 11,2006 Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Ecret,(^ and passed unanimously. COMMISSION APPOINTMENTS jjL'/f>TOURISM COMMISSION Mayor Covey requested confirmation of the appointment of Jeremy Iverson to the Tourism Commission. Action Taken:Mr.Lane movedthat the appointment ofJeremy Iverson to the Tourism Commission be confirmed,seconded by Mr.Liebrecht,and passed unanimously. CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS /Q9-S GUARDIAN FIBERGLASS.INC.-DEVELOPMENT AGREEMENT -PUBLIC HEARING A developer agreement was submitted between Guardian Fiberglass,Inc.,Russell Fode,the Special Trust forMerle F.Palmerton, Grant County and the Cityof Moses Lake fora project located north ofWheeler Road and east of Road N,which is partially inside and partially outside the Moses Lake UGA boundary. Gilbert Alvarado,Community Development Director,explained the history of this proposed f^ development. Joseph K.Gavinski,City Manager,mentioned that the cityhas suggested amendments to 2.1.2, 4.1.1, and 4.4 of the agreement dealing with connection to the city's utilitiesand the requirement to annex. There was some discussion by the Council. TerryBrewer,GrantCountyEconomicDevelopment Council,statedthatthisprojectwill be included as an out-of-cycle amendment to the county's UGA. Ralph Kincaid,representing Russell Fode and the Palmerton trust,stated that they are ready to sign the agreement and Guardian is aware of allthe requirements. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Lane, and passed unanimously. Action Taken:Mr.Ecret moved that the suggested amendments be included and the City Manager be authorized to sign the agreement,seconded by Mr.Liebrecht, and passed unanimously. ORDINANCES AND RESOLUTIONS )j£Z ORDINANCE -RESIDENTIAL VEHICLE STORAGE -2ND READING An ordinance was presented which amendsthe Residential Vehicle Storage to make the language clearer. oN 6338 CITY COUNCIL MINUTES April 11,2006 (J The ordinance amending Chapter 8.50 ofthe Moses Lake Municipal Code entitled "Residential Vehicle Storage"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 -AUTOMATED TRAFFIC ENFORCEMENT -2ND READING An ordinance was presented which authorizes the use of automated traffic enforcement cameras to detect trafficinfractionsat controlled intersections,railroad crossings,and school speed zones. The ordinance creating Moses Lake Municipal Code Chapter 10.48 entitled "Automated Traffic Enforcement"was read by title only. Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. ORDINANCE -WATER AND SEWER RATES -2ND READING An ordinance was presented which increases the water and sewer rates. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and Sewer Rates"was read by title only. (j Joseph K.Gavinski,City Manager,explained that the water and sewer rates are increased on an ^"^annual basis which allows for a gradual increase in the rates rather than a large amount every several years. Ed Stubbington wanted to know who determines the amount of the increase. Mr.Gavinski stated that the city uses the CPI index. Action Taken:Mr.Liebrecht moved that thesecond reading of the ordinance beadopted,seconded by Mr.Lane,and passed unanimously. ORDINANCE -FIREWORKS -1st READING An ordinance was presented which would ban the sale and discharge of fireworks in the city limits. The ordinance amending Chapter8.04 ofthe Moses Lake Municipal Code entitled "Fireworks"was read by title only. Joseph K.Gavinski,City Manager,pointed outthat ifthe ban on fireworks is adopted,itwill nottake affect until 2007. Tom Taylor, Fire Chief,stated that the Fire Department responds to about 10 calls per day and as each call averages about2 hours,itcan stretchthe manpower,especiallyon the 4th of Julywhen the calls increase to about 30 calls in24 hours. Mostof the callson the 4th of July come between 6 p.m. and midnight.He provided Information on safetystatistics,costs,pros and cons of fireworks, etc.He explained that he had researched the "flightless"fireworks and could find no jurisdiction that addresses them. U 1 V/d;< /07S J/S3 6339 CITY COUNCIL MINUTES April 11, 2006 Dean Mitchell,Police Chief,stated that the Police Department responds to between 65 and 100 f~*) fireworks complaints.Most ofthem concern the time restriction and a few concern illegal fireworks. Mr.Gavinski pointed out that there is no "right"to sell fireworks, itis a "privilege".The privilege to sell fireworks is determined by each jurisdiction of the state,whether it be city or county. The following people spoke in opposition to the ban on the sale and discharge offireworks:Penny Archer,Sand Scorpions,Stan Cafferty,Linda Findley, Food Bank,Bob Heikel,Jack Hughes,owner of Discount Fireworks,Rick Archer,Sand Scorpions,Maria Bruce,Jan Van Ness,Lucy Dunn, AARP,Jose Hernandez,and Daren Jackson. The reasons included raising of funds by non-profit groups which is then returned back to the community;fireworks are no more unsafe than driving a vehicle;fireworks is a freedom that should be preserved;and fireworks is a traditional way to celebrate July 4. The following people spoke in favor of the ban on the sale and discharge of fireworks:Jack Childress,Don Thomason,Ed Stubbington,Mike Brown,Summer Overberg,and Susan LeBlanc. The reasons included property damage;injuries and loss of life;cost to taxpayers;litter;and loss of peace and quiet. There was some discussion by the Council. Action Taken:Mr.Pearce movedthatthe first reading ofthe ordinance be adopted,secondedby f~^) Mr.Ecret, and passed with Mr.Liebrecht opposed as he felt the citizens should vote on this issue. I lb I ORDINANCE -STREET NAME CHANGE -1ST READING An ordinance was presented which changes the name of Crestridge Drive to Century Street, Wellington Court to Wellington Street,and White Drive to Tamer Lane.There are no current residences on these streets. The ordinance amending Chapter 12.32 of the Moses Lake MunicipalCodeentitled "Addresses and Street Names"was read by title only. Action Taken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr. Deane,and passed unanimously. /Q 75-ORDINANCE -SEWER REIMBURSEMENTS -1st READING A resolution was presented which establishes reimbursement charges forthe sewerimprovements that were constructed with city funds as partof the 2005 Operations Infrastructure Project. 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.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr. Reese, and passed unanimously.f~\ 6340 CITY COUNCIL MINUTES _April 11,2006 i^J ORDINANCE -LANDSCAPING -1st READING /£>o'/ An ordinance was presented which amends the landscaping requirements by reducing the percentage amounts that would trigger the landscaping requirements. Gilbert Alvarado,Community Development Director,stated that the proposed changes are for Council reviewatthistimeandthe Planning Commissiondoes wishtoreviewitprior toitspassage. Mr.Deanestatedthathe would like to include language which will require landscaping in parking lots when they are expanded.The following language was suggested -"Landscaping will be required any time an existing parking lot has seven (7)additional spaces added.Only new parking spaces will trigger or target the required landscape requirements.Existing parking lots will be grandfathered in unless the space is repaired or upgraded by ten percent (10%)or fifteen percent (15%)." There was some discussion bythe Council anditwas felt that removal of parking spaces should also be addressed.The ordinance will be brought back after its review by the Planning Commission. RESOLUTION -SPRING FESTIVAL A resolution was presented regarding the Spring Festival to be heldon May 25 -29, 2006. The resolution regarding the Moses Lake Spring Festival to be held May 25,26,27,28, and 29, {^J 2006 was read by title only. Brent Kirwan, Festival President,stated that they would like to operate an adult beverage area to promotethe county'swineries and breweries. The operationof such an activityhas been discussed with persons knowledgeable about this type of activity. Ifthe Council allows the adult beverage area, people experienced inoperating such facilities will be available. He mentioned that costs of the Spring Festival continue to escalate and this activity may help defray those costs. Action Taken:Mr.Deane moved that the resolution be adopted and that the adult beverage area be approved for one year contingent upon approval by the Police Department and a report be submitted on its operation,seconded by Mr.Lane. There was some discussion by the Council. The motion passed with Mr.Liebrecht opposed as he was concerned about safety issues. RESOLUTION -ACCEPT DONATION -STERN A resolution was presented which accepts a $500 donation from Mr.and Mrs.Harry Stern in memory of Frankand Fumi Inaba.The funds are to be used for the continued improvements and development of the Japanese Garden. u The resolution accepting a $500 donation in memory of Frank &Fumi Inaba for continued improvements and development of the Japanese Gardens was read by titleonly. ActionTaken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Liebrecht,and passed unanimously. /o?6>£ 'Jiv 6341 CITY COUNCIL MINUTES April 11,2006 )}2(i 'A RESOLUTION -BUILD ON UNPLATTED PROPERTY -UAP NORTHWEST f**) A resolution was presented which allows UAP Northwest to buildon unplatted property. GilbertAlvarado,Community Development Director,mentioned that there is no requirement inthis resolution forthe plattingof the property. He pointed out that the UAP Northwest property does not fronton dedicated right-of-waywhich isa requirement underthe platting process.There is no need for the extension of utilities at this time. There was some discussion by the Councilconcerning the need for platting this property. Rich Walpole, Columbia Northwest Engineering,representing UAP Northwest,stated that the proposed building willbe used for storage,does not require the extension of utilities, and there is no need for public access. The resolution allowing UAP Northwestto build on unplatted propertywas read by titleonly. Action Taken:Mr.Liebrecht moved that the resolution be amended to require platting when the next request fora buildingpermitis submitted and that itbe adopted,seconded by Mr.Lane, and passed unanimously. /19&I)RESOLUTION -BUILD ON UNPLATTED PROPERTY -SPECIALTY CHEMICAL PRODUCTS A resolution was presented which allows Speciality Chemical Products to build on unplatted property./~^ The resolution allowing Speciality Chemical Products to build on unplatted property owned by Central Leasing of Washington was read by title only. Gilbert Alvarado,Community Development Director,mentioned that the resolution should be amended to reflect that platting willbe required when a building permit is requested in the future. Terry Brewer,GrantCounty Economic Development Council,stated that they have been working on this projectfor about two years and would liketo see itmove forward. Phil Bloom,Columbia Northwest Engineering,representing Specialty Chemicals, stated that the property isthe siteofthe old sugar beet factory and they will be purchasing a portion ofthe site. They will be using some ofthe existing buildings.Additions are proposed to twoofthe existing buildings.A plat for the property will be submitted tothe city within thenextfew daysbutSpecialty Chemical Products wants to start on the additions. BobFancher statedthatthisisa$25,000,000 project with the possibility ofexpansioninthe future. There are also other projects involved onthis property.He stated that he will be responsible for the platting ofthe site and platting will take place prior to the request for any other building permits on the property. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the resolution adopted with the condition that f*^ a plan be devised to trigger the platting process,seconded by Mr.Deane,and passed unanimously. James Trunzo,Vice-President,Specialty Chemical Products,explained the produces and processes used by the company. 6342 CITY COUNCIL MINUTES April 11,2006 (J REQUEST TO CALL FOR BIDS 2006 SEWER LINING PROJECT Staff requested authorization to call for bids for the 2006 sewer lining project.This project will consist of lining approximately 25,000 feetof concrete sewermain throughout the city. ActionTaken:Mr.Reesemoved that staffbe authorized to callforbids,seconded by Mr.Liebrecht, and passed unanimously.( DUMP TRUCK Staff requested authorization tocall for bids for a five cubic yard dump truck.This truck will replace the 1978 dump truck thatthe Parks and Recreation Department is presently using. Action Taken:Mr.Lane moved that staff be authorized to callfor bids,seconded by Mr.Reese,and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION SALE OF PROPERTY (j Staff requested authorization to sell the property at 9768 Parkway.The city acquired this lot after ^-^taking enforcement action to remove adangerous building.The $10,000 asking price will cover about 25%of the city's cost of the enforcement action. Mr.Deane suggested that the money received for this property be earmarked for a park in the Longview Tracts area. Action Taken:Mr.Ecret moved that the City Manager be authorized to sell the property,seconded by Mr.Lane,and passed unanimously. AQUATIC CENTER EXPANSION AGREEMENT /O&O An agreement with Water Technology,Inc.was presented.The agreement provides for professional schematic design services relating to the aquatic center expansion project. Action Taken:Mr.Reese moved that the City Manager be authorized to sign the agreement, seconded by Mr.Liebrecht, and passed unanimously. BANKING AGREEMENT Staff recommended thatthe existingbankingcontractwith Sterling Savings Bankbe extended for an additional two years.The increased costs are minimal. Action Taken:Mr.Deanemovedthatthe banking contract with Sterling SavingsBankbeextended t \to February 1,2009, seconded by Mr.Lane,and passed unanimously. //(sO> /0/7 /oyo //30> 6343 CITY COUNCIL MINUTES April 11,2006 j020 SIGN -TEDDY BEAR CAR CARE ^ Jim Anderson,Teddy Bear Car Care,requested permission toreplace the existing signage in front of the business with an 8'wide x 11'high illuminated sign. The new sign will be mounted on the existing pole approximately 15'offthe ground and will extend approximately halfway acrossthe sidewalk.The three existing signs will be removed. GilbertAlvarado,Community Development Director,stated that staff has no concerns with this proposed sign. There was some discussion by the Council. Action Taken:Mr.Reese moved that the request be granted,seconded by Mr.Pearce,and passed unanimously. /OS?KUNZE FARMS/HANSEN ANNEXATION A petition was presented for the annexation of property owned by Kunze Farms and Mick and Bob Hansen.The property is located southof I-90 andwest ofthe country club. Action Taken:Mr.Reese movedthatthis item be removed from the table,secondedby Mr.Ecret, and passed unanimously. Action Taken:Mr.Pearcemovedthatthe petition beaccepted,seconded by Mr.Ecret,and passed unanimously.>*-v NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -}'l ^°YONEZAWA PARK //?7 A letter was received from Champ and Rebecca Gibson commending the city for the new park on Yonezawa Boulevard. Wo CITY MANAGER REPORTS AND COMMENTS BOND Joseph K.Gavinski,City Manager,stated thatthe citywill need a$6,000,000 bond issue to pay for the projectsapproved by Council Those projects includethe FlowRider;Parks and Recreation maintenance and operations facility;Sinkiuse Square and downtown improvements;and the ice skating rink.He mentioned thatnowisa good timeto borrow moneybecause ofthe low interest rates. /Ofk ASST.MUNICIPAL SERVICES DIRECTOR Joseph K.Gavinski,City Manager,requested that the position ofCity Engineer bechanged toAsst. Municipal Services Director/City Engineer with a salary increase.The reason for thechange isthe increased responsibilities of this position. Action Taken:Mr.Lane movedthatthe requestbe granted,seconded by Mr.Ecret,and passed unanimously. n 6344 CITY COUNCIL MINUTES April 11,2006 PARKING REGULATIONS Aproposed ordinance was presented which prohibits the long term parking orstorage of vehicles on city streets and further prohibits the parking ofnon-passenger vehicles in residential zones. Joseph K.Gavinski,City Manager,stated that the Council will need to determine how long a vehicle will be allowed to park on city right-of-way.He mentioned that the prohibition of parking non- passenger vehicles in residential zones is in conflict with other provisions of thecity code and those conflicts will need to be resolved prior to passage of the ordinance. Mr.Deanefelt thatthese regulations would prevent people from storing their carsonthestreet. He suggested that a time limit of8, 10, or 12 days be considered. Itwas the consensus ofthe Councilthat the conflictbe resolved and the ordinance be brought back for consideration. BUILDINGACTIVITY REPORT /l?SO -: The March 2006 Building Activity Report was presented. INVESTMENT REPORT /qq \ The investment reportshowed the city earned $74,821.92 in investmentincome in March 2006. SALES TAX/TRANSIENT RENTAL INCOME .. Joseph K.Gavinski,City Manager, reported that the city received $272,244.51 in sales tax and w, $19,128.72 in transient rental income in March 2006. The regular meeting was adjourned at 11:20 p.m. ATTEST:Ronald C.Covey,Iv^yor Donald R.Cone,Finance Director ///*