2006 05 236357
MOSES LAKE CITY COUNCIL
V^May 23,2006
Council Present: Ron Covey, RichardPearce,Dick Deane, Jon Lane,Bill Ecret,and Brent Reese
Absent:Jim Liebrecht
PLEDGEOF ALLEGIANCE:Mayor Covey led the Council inthe Pledge of Allegiance.
MINUTES:Mr.Ecret moved that the minutes of the May 9, 2006 meeting be approved as
submitted,seconded by Mr.Reese,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.Deane,and passed unanimously.
Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080,andthose
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.
Asof May 23,2006the Council doesapprove for payment vouchers in theamount of$977,277.71,
and prepaid claims of $67,902.32,$13,969.95,and $269.24.
u
PRESENTATIONS AND AWARDS
VISION 2020
Alan Heroux,Vision 2020,presented the May 2006Visionary Award tothe MosesLake Irrigation
and Rehabilitation District fortheir efforts over the years to clean up the lake.
CONSENT AGENDA
Request to Sell Fireworks:Tina Hinz and El Sedero Church have requested permission to sell /OSf
fireworks at 911 N.Stratford Road, and 1202 W. Broadway and 1005 N. Stratfordrespectively.
Request to Sell Fireworks:Moses Lake Modelers,Sand Scorpions,and Moses Lake Christian /03P
Academy have requested permission tosell fireworks at914 N.Stratford Road,317 W.Broadway,
and 2135 W.Broadway Avenue.
Action Taken:Mr.Lane moved thatthe Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS
DUMP TRUCK
i i The city received three bids for the five cubic yard dump truck for the Parks Department.The low
^~'bidder,Jim's Pacific Sterling,took five exceptions and listed asmaller transmission than required
in the specifications.
/O/A
/D/7
6358
CITY COUNCIL MINUTES .May 23,2006
Gary G.Harer,Municipal Services Director,stated that the transmission is a major item and '
therefore Jim's Pacific Sterling was considered a non-responsive bidder.The nexttwolowestbids
also did not meet the specifications and should be considered non-responsive.The remaining
bidders weresubstantially higher thanthe engineer's estimatesandso recommended thatthebids
be rejected and the dump truck be rebid.
There was some discussion by the Council.
ActionTaken:Mr.Reese moved that the bids be rejected and staff be directed to rebidthe dump
truck,seconded by Mr.Pearce, and passed unanimously.
/O/?/1 2006 SEAL COAT PROJECT
The city received one bid for the 2006 Seal Coat Project.The project includes chip sealing various
city street.Staff recommended thatthe bid be awarded to Basin Paving Co.
Action Taken:Mr.Deane moved that the bid be awarded to Basin Paving Co. in the amount of
$459,742,seconded by Mr.Reese,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
10 9-J MOTORIZED FOOT SCOOTERS
Nicholas Reed, 2231 S.ClaremontCt.,requested achange inthe cityregulationstoreducethe age
limit for using motor scooters from 16 to 12 so that he can use iton his paper route.
Blaine Reed,2231 S. Claremont Ct.,stated that the current law is well written and he is in
agreement with the required safety features.Hedoes supportthe requestto lower the age limit to
12 as thatage group seems to handlethem safely. Hementionedthatthe age limit for usingthe
scooters range from none in Ephrata to 16 in Moses Lake.
Michael Daponte stated thathe wouldsupportthe requesttolowerthe age limit to 12 for riding the
motorized foot scooters.
There was considerable discussion by the Counciland staff was directed to research the issue of
lowering the age limitfor motorized foot scooters.
/O/f LAKESHORE/PENINSULA DRIVE IMPROVEMENTS
William Storms,owner of propertyon Lakeshore and Peninsula requested time before the Council
to discuss the proposed improvements.
Mr.Storms stated that his family platted the area known as Pt. Lorraine Estates in 1954.The plat
is located at the end ofthe peninsula.He requested thatthe city consider paving Wesley Place and
Terminal Place as partof the street improvements proposed for Lakeshore and Peninsula Drives.
Joseph K.Gavinski, City Manager,stated that the improvements to Lakeshore and Peninsula will
depend on obtaining a grant forsome of the costs.This issue will be discussed with Council duringthe2007budgetsessions.He pointed out that the city does not generally construct astreet since (*"**}
they are usually constructed during the platting process.However,at the time this property was
platted there was no requirement to pave the streets.
n
6359
CITY COUNCIL MINUTES May 23,2006
^)There was some discussion by the Council and it was suggested the Mr.Storms discuss the
possibility of including Wesley Place and Terminal Place in the Lakeshore Drive and Peninsula
Drive improvements projectwithcity staff.
PIGEONS
Mick Nicholas requested time before theCouncil to discuss thekeeping of pigeons inside the city's
limits.
Mr.Nicholas,114 E.Tanglewood,statedthathe raises andraces pedigreed racing pigeons.The
city's Code Enforcement Division has informed him that he must remove the birds as they are
considered fowl bythe city.He explained his housing for the pigeons and distributed information
on racing pigeons along with a petition from his neighbors who do not object tothe pigeons.He
mentioned that pigeons are not susceptible to the bird flu or other diseases and that they are
neither poultry nor fowl.He requested theordinance bechanged toallow for the raising of pigeons.
There was some discussion by the Council and no actionwas taken atthis time.
ORDINANCES AND RESOLUTIONS
ORDINANCE -PARKING REGULATIONS - 2nd READING
U
U
Anordinance was presented which prohibits parking onthe southwesterly sideof Dogwood Street
from Third Avenue 148'southeasterly.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by titleonly.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mr.Lane, and passed unanimously.
ORDINANCE -SHORT AND MAJOR SUBDIVISIONS - 2nd READING
Ordinances were presented which amend the short and major subdivision regulations relatingto
bonding to correspond to the recently amended Community Standards.
The ordinance amending Chapter 17.13 of the Moses Lake Municipal Code entitled "Short
Subdivisions"was read by title only.
Action Taken:Mr.Pearce moved thatthe second reading ofthe ordinance be adopted,seconded
by Mr.Lane,and passed unanimously.
The ordinance amending Chapter 17.17 of the Moses Lake Municipal Code entitled "Major
Subdivisions"was read by title only.
Action Taken:Mr.Lane moved that the firstreading ofthe ordinance be adopted,seconded by Mr.
Pearce,and passed unanimously.
//?>
/Op/
/Of/
6360
CITY COUNCIL MINUTES May23, 2006
/D5C/ORDINANCE -PERSONAL WIRELESS FACILITIES -2nd READING H>
An ordinance was presented which reduces the requirement of a setback from residentially zoned
property to 100'.
The ordinance amending Chapter 18.78 of the Moses Lake Municipal Code entitled "Personal
Wireless Service Facilities"was read by title only.
Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Lane,and passed unanimously.
I&0O ORDINANCE -BONDS -SINGLE READING
An ordinance was presented which provides for the issuance and sale of limited tax general
obligation bonds inthe amount of $6,100,000 to providefunds for variousdowntown improvements,
installation of the ice skating rink,construction of the flowrider/lazy riverfor the aquatic center,and
the maintenance facility for the Parks and Recreation Department.
Theordinance of the City ofMoses Lake,Washington,providing forthe issuance and sale oflimited
tax general obligation bonds ofthe City in the principal amount of $6,100,000 to provide funds for
various downtown improvements,ice skating rink, flowrider/lazy river for the aquatic center and
maintenance facility for the Parks and Recreation Department;providing the date,form,terms and
maturities of said bonds;authorizing a preliminary official statement;providing for the disposition
ofthe proceeds of sale;and approving the sale of such bonds was read by title only.
Jim Nelson,Martin Nelson and Co.,Inc.,stated that average interest rate is 4.15%.Standard and
Poors has reaffirmed the city's bond rating at A-which is a great accomplishment fora city this size.
The city was able to reduce its cost by purchasing bond insurance.
Action Taken:Mr.Pearce moved that the ordinance be adopted on a single reading,seconded by
Mr.Lane,and passed unanimously.
/09(p RESOLUTION -PERSONNEL POLICIES
A resolution was presented which corrects minor errors in the personnel policies.
A resolution setting personnel policies,compensation,and benefits was read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
//Jb'/\RESOLUTION -BUILD ON UNPLATTED PROPERTY -MAIERS INDUSTRIAL PARK.INC.
A resolution was presented which would allow Maiers Industrial Park,Inc.to construct an 18,000
square foot hayshedat 3385 Road M.2 NE,Suite 6 which will beusedby Courtright Enterprises,
Inc.
The resolution allowing Maiers Industrial Park,Inc.to build on unplatted property was read by title ^^^
only.()
n
6361
CITY COUNCIL MINUTES May 23,2006
i^_J Gilbert Alvarado,Community Development Director,stated that the resolution requires that the
property be platted before a certification of occupancy is issued.He mentioned that in 2003 the
Council granted permission to install an office on this property without having to plat.Platting
allowsthe staff to researchthe property and will bring out any potential problems.
Bob Fancher,Maiers Development,statedthatthe requestis for a hayshed which will require no
water,no lights,and no utilities.Theshed will takesixweeksto build and it will take sixmonths
to plat the property.He requestedthatthey notbe required to plat.
Action Taken:Mr.Pearce moved that the resolution be amended by eliminatingthe requirement
to plat and the resolution be adopted,seconded by Mr.Lane,and passed unanimously.
RESOLUTION -BUILD ON UNPLATTED PROPERTY -BENSON /JJb'A
Mark and Susan Benson have requested permission to build a duplex on Tax #2097 which is
located onthe west side of Division atitsintersectionwith Seventh Avenue.The site is zoned R-3,
Multi-family Residential.
The resolution allowing Mark and Susan Benson to build on unplatted property was read bytitle
only.
U
U
Gilbert Alvarado,Community Development Director,statedthatthe property is a corner lot and
access is an issue.There is also wetland involved.The resolution requires the platting of the
property prior to issuance of a Certificate of Occupancy.
There was some discussion bythe Council.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Lane, and
passed unanimously.
RESOLUTION -BUILD ON UNPLATTED PROPERTY -BAILEY
Kathy Bailey has requested permission to build a steel building to house a heating and air
conditioning business onTax #11619,the south 199'of Lot4, Block3, Moses Lake Industrial Park,
which is located at 3211 Citation Road.
The resolution allowing Kathy Bailey to build on unplatted property was read by title only.
Gilbert Alvarado,Community Development Director,stated that this area was originally developed
in the county and there are no curb,gutters,or sidewalks and the streets were not constructed to
city standards.
Gary Harer, Municipal Services Director,stated that the city has never accepted the water and
sewer mains in this area.
Kathy Bailey,9962 Road M.2 NE,stated that they wish to construct a building fortheir business.
She mentioned that they will be installinga septictank as city seweris not availableto this property.
There was some discussion bythe Council.
JjJb'/l
6362
CITYCOUNCIL MINUTES May 23, 2006
Action Taken:Mr.Lane moved that the resolution be amended to require the property to be
connected to sewer and water when it becomes available, and sidewalks,curbs, gutters,
landscaping,and street lights be installed when requested by the city, and the resolution be
adopted,seconded by Mr.Pearce,and passed unanimously.
(T)
//9krA RESOLUTION -BUILD ON UNPLATTED PROPERTY -DELGADO
Juan Delgado has requested permission to place a manufactured home on Tax #3354 located at
9883 Highland Drive.The site is zoned R-2, Single Family and Two Family Residential.
The resolution allowing Juan Delgadoto build on unplatted propertywas read by titleonly.
GilbertAlvarado,Community Development Director,stated that there is city water available but
there is no city sewer and the streets do not meet city standards. He mentioned that the majority
ofthis area is-platted.
HugoMendez, representing Mr.Delgado,stated thatthe existing home was insuch bad shape that
it was demolished and it is now proposed to install a manufactured home on the site.
There was some discussion by the Council.
Action Taken:Mr.Lane moved that the resolution be amended to require the property be platted
within one year,seconded by Mr.Pearce,and passed unanimously.
REQUEST TO CALL FOR BIDS (~*)
//07 DOWNTOWN RECONSTRUCTION PROJECT
Staffrequested authorization to call for bids for the Downtown Reconstruction Project.This project
includes improvements along Third Avenue between Division Street and the post office,replacing
the water main and converting approximately one half of the Sinkiuse Square parking lot into a
plaza.
GaryG. Harer,MunicipalServices Director,stated that staffhas been meeting withVision 2020 and
the Moses Lake Business Association as Third Avenue will be disrupted from the beginning of the
project until probably November.
There was some discussion by the Council.
Action Taken:Mr.Deane moved that staff be authorized to call for bids,seconded by Mr.Reese,
and passed unanimously.
REFERRALS FROM COMMISSIONS
IQzf CASCADE VALLEY ANNEXATION
The Notice of Intention to Commence Annexation Proceedings for approximately 265 acres of
property located in Cascade Valley was presented.The Planning Commission recommended that ^_^
the property be annexed.f)
There was some discussion by staff.
u
u
u
//c26
/QSo
6363
CITY COUNCIL MINUTES May 23,2006
Action Taken:Mr.Reese moved that the Notices of Intent and the Petitions for Annexation be
accepted, seconded by Mr.Pearce,and passed unanimously.
SMOKING IN CITY PARKS/FACILITIES
The Parks and Recreation Commission has recommended that the city parks and facilities be
designated as tobacco free zones.
Mark Hickok,Recreation Superintendent,stated that the aquatic center and the Centennial
Amphitheater bowl are smoke free areas.The matter was raised bypersons bothered bysecond
hand smoke while attending events in the parks.He mentioned that other cities have enacted
smoking bans in public facilities.
Joseph K.Gavinski,City Manager,stated that the most reasonable approach would be to ban
smoking and uses of other tobacco products in areas where the public congregates,such as
bleachers,concession stands,playground equipment,and the like.
Wyatt Hanks,3211 Wapato,#12,stated that smoking is an issue for non-smokers and he felt it
should be banned in the parks as the wind can blow the smoke into areas where people
congregate.
Councildirected staff to drafta no smoking ordinance for city parks and facilities.
OTHER ITEMS FOR COUNCIL CONSIDERATION
PAVERS -WASHINGTON MUTUAL/SCHWAB
Washington Mutual BankandLarry Schwab requested city participation in thecostof replacing the
sidewalk at the corner of Division and Fourth Avenue and at 420 W.Broadway with pavers.
Joseph K.Gavinski,City Manager,statedthatthecityhasnofunds budgeted for paverprojects this
year norstaff time to design the project.He recommended that these requests be considered
during the 2007 budgetdiscussions. He pointed outthata previousCouncil recommended the city
participation in the pavers project be revisited.
Larry Schwab stated that they would liketo have the projectdone and would also likethe Council
to consider stamped concrete in addition to the pavers since that is what is being used on the
Heron Trail.
There was some discussion and since this is not a budgeted item and there is no staff time to
design the project, it was the consensus of the Council that the project be discussed during the
2007 budget sessions.
OPERATIONS COMPLEX PROJECT -GRAHAM CONSTRUCTION
Graham Construction,contractor for the Operations Complex Project,has requested permission
to begin work at 5 a.m.while they are pouring concrete.This willincrease the quality and durability
of the slabs.
ictfo-*
6364
CITY COUNCIL MINUTES May 23,2006
Action Taken:Mr.Reese moved that the request be granted for Graham Construction to begin
work at 5 a.m.when concrete is being poured and the adjacent property owners be notified,
seconded by Mr.Lane,and passed unanimously.
/J$(g STORMS MAJOR PLAT -STREET IMPROVEMENTS
/£>/<?
/Pc?c*
Phil Bloom,Columbia Northwest Engineering,representing the Storms Major Plat,stated that street
improvements are requiredto Driggs Drive and since the propertyon the west side of Driggs Drive
is already platted,they requested thatthe covenant on the Perrault Short Plat be called in and that
the cityalso participate inthe street improvements. The developer requested that Driggs Drive be
designed withtwotravellanes, a leftturncenter lane, noon-street parking,and a planteron each
side of the street. A deferral of the required sewer improvements on West Broadwaywas also
requested.He mentioned that the Trails Planning Team has requested that the sidewalk be
widened on one side or bike lanes be added to Driggs Driveand Interlake Road.
Gary G.Harer,Municipal Services Director,stated that the city's share of the improvements to
Driggs Drivewould be approximately $185,000.He mentioned that staff has no issues with the
street configuration.The sewer on Broadway cannot be extended further so a deferral of the
improvement would not be appropriate.The request has been changed to a waiver and no
covenant would be required for future sewer improvements. Heexplained the sidewalk widening
request.
There was some discussion by the Council.
Bob Russell,Trails Planning Team,stated that the activity trail along Driggs Drive is an important
link between Peninsula and Broadway.
Richard Teals,Trails Planning Team,statedthat connecting Peninsulato the activitytrailon Marina
across Broadway is a key element of looping the trails.
Mr.Bloom stated that the property owners are in agreement with the activity trail in this location.
There will be planter strips between the activity trail and the curb to provide landscaping between
the traffic and the pedestrians.
Action Taken:Mr.Deane moved thatthe city participate in the street improvementsto Driggs Drive,
which consists of two travel lanes,a left hand turn lane,curbs,gutters,sidewalks,and an activity
trail, call in the covenant on the Perrault Short Plat, and grant a waiver of the requirement to
construct sewer main,seconded by Mr.Reese,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
SPRING FESTIVAL
Brent Kirwan,representing the Spring Festival,stated that they have obtained the necessary
permits and licenses for an adult beverage area.The area will be closed early on Saturday
afternoon for the parade and on Sunday.
O
o
n
6365
CITY COUNCIL MINUTES .May 23,2006
i^J MOSES LAKE PIRATES BASEBALL CLUB
Brent Kirwan,owner ofthe Moses Lake Pirates Baseball Club,stated thathe would like tohavean
adult beverage area,operated by a non-profit group,during the baseball games.The adult
beverages would onlybe sold through the seventh inning.
Mayor Covey mentioned that the city has experienced some problems in the past with alcoholic
beveragesat softball games leading tothe abuse of umpires.
Joseph K.Gavinski,City Manager,stated that the problem was the players were drinking alcoholic
beverages in thedugouts during and between games.He mentioned that alcohol in city parks is
not allowed.
Therewas some discussion bythe Council andstaffwas requestedto research the issue.
COUNCIL QUESTIONS AND COMMENTS
COUNCIL IN THE PARK
Mr.Deane felt thatthe Council members should again make themselves available to the public.
Aftersome discussion,itwasthe consensus that Council members make themselves available on
June 3 at the Farmers Market from 9 a.m.to 12 noon.
i^J CITY MANAGER REPORTS AND COMMENTS
FLOWRIDER
Joseph K.Gavinski,City Manager,submitted three conceptual plans for thenew flowrider addition
tothe aquatic center.He mentioned that additional concepts for the design and location will be
coming in the near future.
There was some discussion by the Council.
WELL 17 -WATER SOFTENING PLANT
Joseph K.Gavinski, City Manager,distributed information on the proposed water softening plant
for the industrial users in the Wheeler Road Corridor.
SENIOR CENTER
Joseph K.Gavinski,City Manager, distributed the income and expense report from the Moses Lake
Senior Opportunity and Services Center and their service report for 2005.
The regular meeting was recessed at 11:15 p.m.and the Council met in an executive session to
discuss real estate transactions.The executive session was adjourned at 11:30 p.m. and the
regular meeting was reconvened.
U
////
/OO?
/OOo>
/0*f
Ifl'i
6366
CITY COUNCIL MINUTES May23, 2006
ID GUARDIAN INDUSTRIES
Jim Whitaker,City Attorney,reported on the status of the Guardian Industrial development
agreement.
There was some discussion by the Council
Action Taken:Mr.Reese moved that the city staffbe instructed to proceed with the pre-annexation
zoning process for the Guardian Industries properties as permitted by RCW 35A.14.330 -.340 and
the first public hearing on the matter be set for the Council's June 13 meeting,seconded by Mr.
Lane,and passed unanimously.
'J .-'CITY HALL CAMPUS CONSTRUCTION
Mayor Covey discussed the need for additional office and meeting space at City Hall.
There was some discussion by the Council.
Because there is such a lead time in getting projects completed,it was the consensus of the
Council that staff begin the process for selecting an architect for a City Hall Campus Construction
Project.
The regular meeting was adjourned at 11:40 p.
ATTEST:Ronald C.Covey,Ma
Ronald R.Cone^Finance Director
n
n