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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 $2,297.01. W U PRESENTATIONS AND AWARDS CERTIFICATES OF RECOGNITION Certificates of Recognition for 10 years of service with the city were given to Michael Williams,/0/$ 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 6399 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~\ o n 6400 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. ^J /or/ zosY 6401 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. o 6402 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. U 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. j/A* ~pt 6403 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. O n n CITY COUNCIL MINUTES 6404 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. w ATTEST:Ronald C. Covey,ftfTay&i v/L^/sZtz, fonald R.Cone,Finance Director /oof //0 7 //3? /O30S] /O03