2006 08 086398
MOSES LAKE CITY COUNCIL^_J August 8,2006
Council Present:RonCovey,Richard Pearce,Dick Deane,Bill Ecret,Brent Reese,Jim Liebrecht
Absent:Jon Lane
PLEDGEOF ALLEGIANCE:Mayor Covey led the Council inthe Pledge of Allegiance.
MINUTES:Mr.Ecret moved that the minutes of the July 25, 2006 meeting be approved as
submitted,seconded by Mr.Pearce, and passed unanimously.
APPROVAL OF BILLS.CHECKS.PREPAID CLAIMS.AND PAYROLL
Action Taken:Mr.Deane moved that the bills,checks,prepaid claims, and payroll issued be
approved,seconded by Mr.Pearce, and passed unanimously.
Vouchers auditedand 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 available to the Council for approval and is retained for public
inspection at city hall.
As of August 8, 2006 the Council does approve for payment vouchers in the amount of
$1,223,603.65,prepaid claims of $78,248.70 and $94,172.50,and payroll of $72,051.27 and
$2,297.01.
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PRESENTATIONS AND AWARDS
CERTIFICATES OF RECOGNITION
Certificates of Recognition for 10 years of service with the city were given to Michael Williams,/0/$
Police Officer,and Andrew Bechyne,Parks Maintenance Worker.Certificates of Recognition for
15 years of service with the city were given to Tom Taylor,Fire Chief,and Juan Loera,Police
Officer.A Certificate of Recognition for 20yearsof service with the city was given to Gary Harer,
Municipal Services Director.A Certificate of Recognition for 25 years ofservice with the city was
given toMarsha Newton,Senior Accounting Clerk.Judy Thompson,Administrative Secretary,was
recognized for 30 years of service withthe city.
CONSENT AGENDA
Resolution -Accept Donation-Fire District #13:Aresolutionwas presented which accepts 6 radios /OYlp
from Grant County Fire District #13.The radios will be usedbythe Moses Lake Fire Department.
Six Year Street Program -Set Public Hearing:A publichearing on the Six Year Street Program /
was scheduled for August 22,2006.
ActionTaken:Mr.Pearce moved thatthe Consent Agenda be approved,seconded by Mr.Ecret,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS -None
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CITYCOUNCIL MINUTES August 8, 2006
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
//AC SALES IN CITY PARKS -SWEET TREATS.INC.
Donna Voelpel,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 last year the Council denied the request to sell
ice cream in the city's parks.
Spencer Grigg, Parks and Recreation Director,stated that the city has received complaints from
campers in Cascade Park about the disruption of the peace and quiet by the ice cream wagons.
He mentioned that there are three different ice cream vendors in the city.
Donna Voelpel stated that she has had people in the parks wanting to buy ice cream.
There was considerable discussion concerning the request.
No action was taken.
-Trt BREASTFEEDING COALITION
The Moses Lake Breastfeeding Coalition requested the citytoadopt anordinancesupportingbreast
feeding by prohibiting the segregation ofabreastfeeding mother within any publicaccommodation.
Joseph K.Gavinski, City Manager,stated that there already exists the rightto breast feed and there
is no need for an ordinance authorizing that right.The ordinance would make ita criminal or civil
infraction fora business or public accommodation to restrictthat activity which would then involve
law enforcement.
James A.Whitaker,City Attorney,pointed out that the breast feeding is a civil rights action and
Washington State already has a human rights statute which covers this activity.
MaryArnold pointed out that breast feeding is very important to an infant's health.She mentioned
that in Washington State businesses can request a breast feeding mother to leave the premises
or to remove to a separate location. An ordinance from the city would provide support for this
activity.
Mr.Gavinski mentioned that there is a national law thatensures a mother's legal right to breast feed
her baby in public so the city does not need to pass an ordinance to allow the activity. If an
ordinance were adopted,itwould be a criminalviolation rather than*a civil infraction between the
mother and the business.
Sally Goodwin, Healthy Communities,stated that they get grants from the Department of Health
and the DOH would like to see the ordinance adopted as a policy change to showthe city's support
of this activity as the state law does not fully address the issue.
There was some discussion by the Council and it was the consensus that a resolution be drafted
supporting breast feeding in Moses Lake.f~\
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CITY COUNCIL MINUTES August8,2006
*0 VEHICLE STORAGE -HOLIDAY
AnthonyHoliday,926S.Juniper Drive,requesteda deviation ofthe vehiclestoragerequirements
inorderto park business and personal vehicles on the adjacentvacate lotwhichthey own.
Gilbert Alvarado,Community Development Director,pointed outthatonlythe Council can grant a
deviation of the vehicle storage regulations.The other problem is thatthe primary use for this
vacantlotwouldbe for a single family dwelling unit.Hementionedthatstaffhas been working on
this case since June 2005.
There was some discussion by the Council.
Action Taken:Mr.Ecret moved that the request for a deviation be denied,seconded by Mr.
Liebrecht, and passed unanimously.
MUSEUM AND ART CENTER ,jojJC
Terry Mulkey,Museum and Art Center Director,stated that in March the Council authorized the city //of
to apply for a Heritage Capital Projects Grant for anewmuseum building.He mentioned that the
city ranked third outof 31 applicants andwas awarded a $1,000,000 grant.
Joseph K.Gavinski,City Manager,pointed outthatthese grant awards must still be approved by
the legislature andincluded inthe state's budget.The project would begin after2007andmustbe
completed by 2009.
ORDINANCES AND RESOLUTIONS
ORDINANCE -VACATE TOEVS AVENUE -2ND READING
An ordinance was presented which vacates right-of-way for Toevs Avenue which is located
adjacent to the FirstPresbyterian Church on Ivy Avenue.
The ordinance vacating a portion of Toevs Avenue was read by titleonly.
ActionTaken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Ecret, and passed unanimously.
ORDINANCE -FENCING REGULATIONS - 2nd READING
An ordinance was presented which provides for changes tothe fencing regulations.The changes
primarily pertain to existing through lots,subdivision fencing,fencing materials,and addresses the
property owner's responsibility to maintain fencing.
The ordinance amending Chapter 18.20 ofthe Moses Lake Municipal Code entitled "Residential
Zones"was read by title only.
ActionTaken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce.
^-^Mayor Covey pointed out that the consultant hired by the city has indicated that chain link fencing
is not really desirable and he would be in favor of prohibiting chain link fencing in the front yards.
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CITYCOUNCIL MINUTES August 8, 2006
Action Taken:Mayor Covey moved that the motion be amended to include in the ordinance "Chain
link fences are not permitted in front yards and exterior side yards on corner lots except for public
safety purposes such as visibilityand safety forswimming poolareas,tennis courts, etc. Chain link
fencing with slats is not permitted when visible from a public or private street",seconded by Mr.
Liebrecht.
Mr.Liebrecht was in favor of the chain link fencing.
Yvonne Parker, Planning Commissioner,submitted a letter in favor of prohibiting chain link fencing
in front yards.
Mr.Pearce stated he is not opposed to chain link fencing in front yards as it can look better than
a wooden fence that has not been maintained.
Mr.Ecret was in favor of allowing the chain link fencing.
The amendment failed with Mayor Covey and Mr.Liebrecht in favor.
The motion passed with Mr.Liebrecht opposed and Mayor Covey abstaining.
jlijl ORDINANCE -SIDEWALK CONSTRUCTION -1st READING
An ordinance was presented which prohibits rolled curb and requires planterareas between the
curb and sidewalk for all new construction.Prohibiting rolled curb will reduce the number ofcars ^mt^
being partially parked onthe sidewalk anddefinethe location ofthe driveways.Planter areas will ()
make the sidewalks more pedestrian friendly, calm traffic, and beautify the area.
The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk
Construction"was read by title only.
GaryG.Harer,Municipal Services Director,stated thatthe changes to the sidewalk requirements
also involves a change to the Community Standards.The changes include narrowing the streets
to 30'wide in residential areas.The planterstrips and narrower streets are trafficcalming factors.
He mentioned that the narrow streets will also allow parking on both sides of the street which will
require the cars to slow down and pass singly.
Joseph K.Gavinski,CityManager,mentioned thatnoactionshould be taken onthe changes tothe
Community Standards until the second reading of the ordinance is adopted.
Mayor Covey mentioned that there are problems with parking strips as many of the adjacent
property owners do not take care of it.
Mr.Deane was opposed to narrowing the streets.
Mr.Pearce was also opposed to narrowingthe streets as he felt it was less safe when cars cannot
pass each other on residential streets.He was also concerned about the planter strips as many
of them are not taken care of.
Mr.Reese felt that most homeowners do maintain the planter strips and he did not objectto f~\
narrowing the street as that does slow down the traffic.
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CITY COUNCIL MINUTES August 8,2006
^J Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
REQUEST TO CALL FOR BIDS
BROADWAY LIFT STATION PROJECT /OS^
Staff requested authorization tocall for bids for theconstruction ofthe Broadway Lift Station which
will serve properties along EastBroadway,Road 4,andthe Municipal Airport.This isacomponent
of the Operations Complex project.
Action Taken:Mr.Reese moved that staff be authorized to call forbids,seconded by Mr.Deane,
and passed unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
AQUATIC CENTER EXPANSION /OOO
Tim Gremmer,representing Water Technology,Inc.,stated thatthe most recentconcept for the
expansion ofthe aquatic center includes a double flowrider andlazy river.
AndrewThatcher,representing Wave Loch,Inc.,gavea presentation onthe proposed flowrider and
()lazy riveradditions to the aquatic center.
There was some discussion by the Council,
ActionTaken:Mr.Deane moved that Concept 7 be approved withthe double flowrider,lazy river,
andoptionsata cost $3,251,409,seconded by Mr.Liebrecht,and passed unanimously.
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PARKS -CRESTVIEW AREA
Joseph K.Gavinski,City Manager,stated that Ed Greer,representing Barrington Point,which is
located inthe Crestview area,has,committed to dedicating a couple of lots in Barrington Point 4
or5 for a mini park.He would also be willing to sell two lots in Barrington Point 3 for a mini park
with the condition that the park fees alreadycollected be used to improve the mini park.The
problem is that the lots offered tothe city are very closeto Dano Park.He mentioned that the city
hasrequested that a raised crosswalk be provided justsouth ofthe Paxson Drive/Bonneville Street
intersectionas an access to Dano Park.Collectedparkfees can be used to improveeitherthe mini
park or Dano Park.
Mayor Covey felt that with the mini park in Barrington Point 3 is not needed because of the
proximity to Dano Park and the existing park in Knolls Vista.He felt that the park fees should be
used to develop Dano Park.
Mr.Deane felt there should be a mini park in Barrington Point 2 and another in the proposed
Barrington Point 5.
There was some discussion by the Council.
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CITY COUNCIL MINUTES August 8, 2006
Action Taken:Mr.Pearce moved that the city not purchase additional property in Barrington Point
3 and the park development fees be dedicated to Dano Park,seconded by Mr.Liebrecht,and
passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
STREET NAME CHANGE
Don Johnson,436 Sharon,requested that the Council consider renaming a street in Moses Lake
in honor of Cesar Chavez.
COMMUNITY GARDEN
Don Johnson,436 Sharon,pointed outthat the Community Gardens are not charged for water and
requested the Council consider providing a reduction of the water rates for home gardens also.
COUNCIL QUESTIONS AND COMMENTS
AGRO-TERRORISM
Mr.Pearce stated that he attended a meeting on agro-terrorism and the effect a contagious
livestock or crop disease could have on a community and its confidence in the various
governmental agencies.He suggested that regulations be developed so that the Council can
operate in emergency situations.
Staff was requested to research what other communities may have in place to deal with
emergencies.
//3^KNOX BOX REQUIREMENTS
Mr.Ecret requested information on the requirement fora Knox Box forcertain businesses.
Tom Taylor,Fire Chief, stated that a Knox Box is a device that holds the key to a business.The
Fire Departmenthas a key that will unlockthe box inorderto obtaina key that will allowthem to
gain entry to the business to check on fire and/or other alarms when there is no one on the
premises.
There was some discussion and staff was requested to provide a list of businesses that will be
required to install a Knox Box.
110 7 DOGWOOD -LANDSCAPING
Mr.Ecret stated that he was contacted by the owner of the Home Center who would like to
landscape the planter area on Dogwood that is adjacent to his business.He has no access to
water but there is water available at the bump out for Dogwood Court. He will be willingto install
an irrigation system and the landscaping ifthe city will provide the water.
Staff was directed to look into the possibility of this project.
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CITY COUNCIL MINUTES
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August 8,2006
\^y COUNCIL IN THE PARK
Mr.Deane suggested that the Council hold another Saturday session.
There was some discussion and September 9 was set for the Council to be at Civic Center Park
from 9 a.m.to 12 noon.
BROADWAY -BEAUTIFICATION
Mayor Covey stated thatthe planter strips on Broadway are in need ofbeautification.He felt that
a planshouldbe developedforthe entirelengthofBroadway and then contactthe property owners
to payfor the beautification.He mentioned that a coupleof civic groups have expressed interest
in maintaining the planter strips.
CITY MANAGER REPORTS AND COMMENTS
FIRE DEPARTMENT -RE-ORGANIZATION
Joseph K.Gavinski,City Manager,stated that the administration ofthe FireDepartmentwill be re
organized with the Assistant Chief being re-designated as Deputy Chief and new positions of
Assistant Chief for Fire Inspections and Assistant Chief for Training.
BUILDING ACTIVITY REPORT
The July 2006 Building Activity Report was presented.
INVESTMENT REPORT
The investment report showed the city earned $99,346.35 in investment income inJuly 2006.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager,reported that the city received $370,575.76 in sales tax and
$32,588.34 in transient rental income in July 2006.
The regular meeting was recessed at 11 p.m.and the Council met in an executive session to
discuss real estate where public discussion mayincrease the cost ofthe property.The executive
session adjourned at 11:30 p.m.and the regular meeting was reconvened.The regular meeting
was adjourned at 11:30 p.m.
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ATTEST:Ronald C. Covey,ftfTay&i
v/L^/sZtz,
fonald R.Cone,Finance Director
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