2006 07 11u
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MOSES LAKE CITY COUNCIL
July 11,2006
Council Present:Ron Covey,Richard Pearce,Dick Deane,Jon Lane,Bill Ecret,Brent Reese,Jim
Liebrecht
PLEDGE OFALLEGIANCE:Mayor Covey ledthe Council inthe Pledgeof Allegiance.
MINUTES:Mr.Deane moved that the minutes of the June 27,2006 meeting be approved as
submitted,seconded by Mr.Lane, and passed unanimously.
APPROVAL OF BILLS.CHECKS.PREPAID CLAIMS.AND PAYROLL
Action Taken:Mr.Ecret moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Pearce,and passed unanimously.
Vouchers audited and 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.
As of July 11,2006 the Council does approve for payment vouchers in the amount of
$1,343,973.45,prepaid claims of $131,082.99,$50,977.75,and $3,830.93,and payroll of
$71,096.37 and $3,335.46.
PRESENTATIONS AND AWARDS
Police Department:Aaron Hintz, Police Officer,was presented to the Council.
Fire Department:BrandonBurnsand Andrew Deering,Firefighter/EMTs,and DanHargroves and
Patrick Heerens,Paramedic/Firefighters,were presented to the Council.
CONSENT AGENDA
Resolution -Accept Improvements -Campbell-Michel Estates #2 Major Plat:A resolution was //P6*
presented which acceptsthe municipal improvements serving Campbell-Michel Estates#2 Major
Plat.
Resolution -Accept Easement -Skillsource:A resolution was presented which accepts an ZO/3
easement fromSkillsource forsidewalk Improvements on the Central Schools Short Plat.The area
is to be used for a bus turnout.
Lakeland Addition Phase 4 Preliminary Major Plat/Findings of Fact:Hopper Dennis Jellison /M 6?
P.L.L.C.on behalf of Aho Construction I,Inc.submitted a preliminary plat fora 47 lot major plat.
The proposed 12.25acremajor plat is located eastofSR-17 andattheendofLakeland Drive.The
siteiszoned R-1,Single Family Residential,andthe Comprehensive Plan Land Use Designation
is Low Density Residential which corresponds with the existing zoning.The proposed plat will
have access offLakeland Drive and Greens Loop. Awaiverwas requested tothe requirementthat
the minimumlotwidthbe 65'atthe front building linefor Lots 24,25,26,and 27 of Block2, andthat
/\the minimum width atthe front building line be 61 *.The Planning Commissionrecommended that
^—'the preliminary plat,waivers,and the Findings of Fact be approved.
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CITY COUNCIL MINUTES July 11, 2006
j/AU Storms Preliminary Major Plat/Findinos of Fact:Columbia Northwest Engineering,on behalfofJeff
Foster, GMAC,submitted a one lot preliminary plat.The proposed 11.03 acre major platis located
approximately 120'northeast of the Broadway Avenue and Driggs Drive intersection and extends
to the northeast intersection of Driggs Drive and Interlake Road.The site is zoned C-2,General
Commercial and Business.The Comprehensive Plan Land Use Designation is General
Commercial which corresponds with the existing zoning.The plat is allowed access off all three
streets assuming that community standards are met.Waivers were requested to the requirement
to be responsible for the full width street Improvements on Driggs Drive and the requirement to
construct sewer on the northern 250'of Driggs and the frontage on Broadway Avenue.The
Planning Commission recommended that the preliminary plat and Findings of Fact be approved.
//3^Resolution -Accept Grant-Washington State Departmentof Health:A resolution was presented
which accepts a $1,463 grant from the Washington State Department of Health.The funds will be
used in the Fire Department for stafftraining and to purchase minor equipment.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS
l/(fl THIRD AVENUE/SINKIUSE SQUARE
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////The city received onebid for the improvements toThird Avenue and Sinkiuse Square.Thebid had (_)
15 errors and came in about $600,000 over the engineer's estimate.
Gary Harer,Municipal Services Director,stated thatthe project will include a greatdealof hand
work and coordination with the downtown merchants and staff.He mentioned that another issue
is the tighttime schedule to complete the project and the necessity to provide access to stores
within the construction project.Staff would recommendthatthe irregularities inthe bidbe waived
and the bid be awarded to MRM Construction.
Joseph K.Gavinski,City Manager,statedthatifthe project weretobe rebid,the bids will probably
notbe any lower because ofthe complexity ofthe project andthe city would lose a year for this
project.He mentioned thatthe city can borrow internally to coverthe additional costs for this
project and the flowrider.
There was considerable discussion by the Council.
ActionTaken:Mr.Pearce moved thatthe irregularities be waived and the bidbe awarded to MRM
Construction in the amount of $1,920,227.95,seconded by Mr.Ecret, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS
ORDINANCE -NUISANCES -2NP READING53
An ordinancewas presented which prohibits the keeping of pigeons but allowsthe keeping of
caged birds within a residence.
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CITY COUNCIL MINUTES July 11,2006
Theordinance amending Chapter 8.14ofthe Moses Lake Municipal Codeentitled "Nuisances"was
read by title only.
Mick Nicholas,114 Tanglewood Drive,wanted to know ifhe could appeal the decision of the
Council if the ordinance is adopted.
JamesA.Whitaker,City Attorney,stated thatadoption ofanordinance isalegislative actand there
isno appeal process butthere is always the option oftaking the decision to court.
Action Taken:Mr.Ecretmoved thatthe second reading of the ordinance be adopted, seconded
by Mr.Pearce,and passed with Mr.Lane opposed.
ORDINANCE -MOTORIZED FOOT SCOOTERS -2ND READING
An ordinance waspresented which would allow persons 12 years ofage tooperate motorized foot
scooters in the city.
Theordinance amending Chapter 10.44 ofthe Moses Lake Municipal Code entitled "Motorized Foot
Scooters"was read by title only.
ActionTaken:Mr.Reese moved thatthe second readingofthe ordinance be adopted,seconded
by Mr.Lane.
I J Mr.Deane was opposed to reducing the age limit to 12 as he felt many children are not responsible
enough to use the scooters.
Dean Mitchell mentioned that the foot scooters are only allowed on residential streets where the
speed limitis 25 mph or less.
Mr.Pearce was also concerned about safety and insurance issues.
The motion passed with Mr.Deane and Mr.Pearce opposed.
ORDINANCE -AMEND 2006 BUDGET -1st READING
An ordinance was presented which amended the 2006 budget.
The ordinanceamending the 2006 budget forthe Cityof Moses Lake,Washington was readbytitle
only.
Action Taken:Mr.Deane moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
ORDINANCE -STREET NAME CHANGES -1st READING
An ordinance was presented which would change Driggs Driveto Lake PointWay.
The ordinanceamending Chapter 12.32 ofthe Moses Lake Municipal Codeentitled"Addresses and
Street Names"was read by title only.
Mr.Deanewas opposed to changing the name as the Driggs family was an original land ownerin
this area. He feltchanging the name would be a loss of partof the city's heritage.
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CITY COUNCIL MINUTES July 11, 2006
Dr.Covey mentioned that itisan honorto a person to have a street named afterthem and he would
be opposed to changing the name.
Mr.Reese also felt that the street name should not be changed.
No action was taken.
/Off"ORDINANCE -GARBAGE COLLECTION - 1st READING
An ordinance was presented which establishes 9 new garbage rates.
The ordinance establishing charges for garbage collection was read by title only.
Action Taken:Mr.Reese moved that the first reading ofthe ordinance be adopted,seconded by
Mr.Pearce,and passed unanimously.
REQUEST TO CALL FOR BIDS
JO/7 FLUSH TRUCK EQUIPMENT
Staff required authorization to callforbids forthe equipment necessary to complete the flush truck
project.
Action Taken:Mr.Lane moved that staff be authorized to call for bids,seconded by Mr.Ecret,and ^.
passed unanimously.f )
REFERRALS FROM COMMISSIONS
/QS1/ORDINANCE -FENCING REGULATIONS - 1st READING
Anordinancewas presented whichprovidesfor changes tothe fencing regulations.The changes
primarily pertain to existing through lots,subdivision fencing,fencing materials,andaddressesthe
propertyowner's responsibilityto maintainfencing.
The ordinance amending Chapter 18.20 ofthe Moses Lake Municipal Code entitled "Residential
Zones"was read by title only.
Gilbert Alvarado,Community Development Director,stated thatthe changes proposed to the
ordinance are complex.He mentioned thatthe Planning Commission has been working onthe
changes since April and a study sessionmaybe helpful to explain theissues.
Therewas some discussion anda joint studysession with the Planning Commission was set for
July 25 at 5 p.m. inThe LearningCenter.
IQ^0 SIGN IN RIGHT-OF-WAY -NEW HORIZON MORTGAGE CORPORATION
JeffWakefield,President ofNewHorizon Mortgage Corporation,wishesto place a sandwich board
sign in the planter strip between the city sidewalk and the curb along West Broadway,in front of ^>^his business,located at 1031W.Broadway Avenue.The sign must be removed from display at the f^
endofeachbusinessday.The Planning Commission recommended thatthe request be granted.
Mayor Covey reminded theCouncil ofthe comments of Roger Brooks concerning signage and its
lackof appeal, especially the banner and sandwich boardsigns.
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CITY COUNCIL MINUTES .July 11,2006
K^)There was considerable discussion by the Council and It was pointed out that the sandwich board
signs contribute to clutter onthe sidewalks and uses city right-of-way for retail business purposes.
Action Taken:Mr.Pearce movedthattherequestbe granted,secondedby Mr.Reese, andpassed
unanimously.
SIGN IN RIGHT-OF-WAY -VIDEO WEST
Tod Green,Video West,wishesto place a sandwich board sign in the planter strip between thecity
sidewalk and thecurb along West Broadway,in front ofhisbusiness,located at 1029 W.Broadway
Avenue.The sign must be removed from display atthe end ofeach business day.The Planning
Commission recommended that the request be granted.
Action Taken:Mr.Deanemovedthatthe requestbe granted,seconded by Mr.Lane,andpassed
unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
CHIP SEAL PROJECT -NOISE /q/cj
Basin Paving Company has requested authorization to work outside ofthe normal construction
hours.The work would only include sweeping and picking upchips from the chip seal project from
9 p.m. until 7 a.m.
t J Gary Harer,Municipal Services Director,statedthatstaff supports the request.
ActionTaken:Mr.Ecretmoved thatthe request be granted,seconded by Mr.Reese,and passed
unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
AQUATIC CENTER
Mr.Deane distributed an articlefromthe Spokesman Reviewwrittenby Rebecca Nappi concerning
the city's aquatic center and how well itis operated and maintained.
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AGCCT MEETING
Dr.Covey reminded the Council ofthe AGCCT meeting in Wilson Creek on July 27.//£f
CITY MANAGER REPORTS AND COMMENTS
FIREWORKS
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Joseph K.Gavinski,City Manager, reported that injuriesand property damage decreased inthe City
of Spokane in the 14 years since a fireworks ban was enacted.They will also be dealing more
aggressively this yearwith fireworks violators.They will no longer be issuing warnings but will be
issuing $513 infraction notices.He mentioned that there were 10 fires inthe city on July 4 but the
Police Department did not respond to as many calls this year as last year.There was also an
articleinthe Columbia Basin Heraldthat reported 14 calls inthe county,of which 10 were fireworks
related,one ofwhich destroyed a mobile home.Hedistributed a report from the Police Department
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CITY COUNCIL MINUTES July 11, 2006
that shows the type of attitude the officers deal with when issuing citations related to fireworks.He
reported that at Peninsula Park the Parks Department removed 7 pickup loads offireworks refuse.
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//3(?ANNUAL FINANCIAL REPORT
Ron Cone,Finance Director,stated that the Comprehensive Annual Financial Report (CAFR)was
prepared by the Accounting Division Manager,Robert Taylor,and the two accountants,Linda
Beisel and Jeanette Jones.Out of282 cities in Washington,Moses Lake is one of34 that submit
CAFRs.The 2005 CAFR will be submitted to the Government Finance Officer's Association,a
national association,for an Excellence in Reporting Award.
];cT<P H47
Joseph K.Gavinski,City Manager,reported that King County Superior Court has declared I-747
unconstitutional but the decision willprobablybeappealed to theWashington State Supreme Court.
I-747 capped the property taxes at a 1%increase for the past several years.
/D?<?POPULATION ESTIMATES
Joseph K.Gavinski,City Manager,stated that the Office of Financial Management has estimated
the city's population at 16,830,which the city believes is low.
/QZQA BUILDING ACTIVITY REPORT
The June 2006 Building Activity Report was presented.\)
//Sf'A GAMBLING TAX REPORT
The city received $132,107.90 from gambling tax income through the second quarter.
/Q03 INVESTMENT REPORT
The investment report showed the city earned $94,044.81 in investment income in June 2006.
//Sfjr SALES TAX/TRANSIENT RENTAL INCOME
^Joseph K.Gavinski,City Manager,reported that the city received $328,203.10 in sales tax and
$23,031.04 in transient rental income in June 2006.
\$\C\CLOVER DRIVE/HIGHWAY 17
Joseph K.Gavinski,City Manager,stated that the existing intersection ofClover Drive and Nelson
Road cannot existin its present form when Highway 17 iswidened.Becausenegotiations with the
property owner have stalled,the Department ofTransportation has proposed ending Clover Drive
ina cul-de-sac. Additionalinformationwill be provided inthe future.
jlQf DESTINATION DEVELOPMENT -WORKSHOP
Roger Brooks will be holding aworkshop on Friday,July 21 from 8a.m.to noon at the Museum and ^"^
Art Center.This workshop will provide information on what "branding"a community involves.
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CITY COUNCIL MINUTES July 11,2006
s^y PIG OUT IN THE PARK
Spencer Grigg,Parksand Recreation Director,statedthat Bill Burke,proponent ofthe Pig Out in
McCosh Park is completing the preparations forthe event. There are 25 food booths, 20 market
booths,125 menu items,and entertainment.
The regular meeting was recessed at 9:00 p.m.andthe Council met in an executive session to
discuss a realestate purchase wherea public discussion ofthe possibility ofthis transaction may
increase the price.The executive session was adjourned at 10:10 p.m.andthe regular meeting
was reconvened.
REAL ESTATE PURCHASE
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Joseph K.Gavinski,City Manager,reported that Don Swanson has offered property in Longview
Tracts to the city.
Action Taken:Mr.Ecret moved that the staff be authorized to spend $142,500 to purchase
approximately 5 acres ofproperty in Longview Tracts for a park,seconded by Mr.Liebrecht,and
passed unanimously.
The regular meeting was adjourned at 10:17 p.m.
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ATTEST:Ronald C.Covey,Ivlayor
Ronald R.Cone,Finance Director
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