2008 06 106716
MOSES LAKE CITY COUNCIL^J June 10,2008
Council Present:Ron Covey,Richard Pearce,Bill Ecret, Dick Deane,Brent Reese,Jon Lane,and
Jim Liebrecht
PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance.
MINUTES:Mr.Ecret moved that the minutes ofthe May 27,2008 meeting be approved,seconded
by Mr.Pearce,and passed unanimously.
Mr.Reese moved that the minutes of the May 13 meeting be approved,seconded by Mr.Deane,
and passed unanimously.
APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL
Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,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 June 10,2008 the Council does approve for payment claims inthe amount of $512,580.54;
prepaid claims in the amounts of $2,034.34 and $20,082.58;claim checks in the amount of
$543,070.48;and payroll inthe amounts of $70,567.70 and $3,134.85.
[^J Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be
approved,seconded by Mr.Reese,and passed unanimously.
PRESENTATIONS AND AWARDS
VISION 2020 -AWARD
Bill Ecret, Vision 2020,presented the May 2008 Visionary Award to Tara Childs for the
development of the General James H.DoolittleDream Park.
CONSENT AGENDA
Accept Work -Sewer Lining Proiect 2007: Insituform Technologies,Inc.has completed work on //£,O
the 2007 Sewer Lining Project.The workshouldbe accepted and the 45-day lien period entered
into.
Accept Work -Moses Lake Aquatic Center Expansion:Kilgore Construction,Inc.has completed /oo O
workonthe Moses LakeAquaticCenter Expansion Project.The workshould be accepted andthe
45-day lien period entered into.
Resolution -Accept Deed - Poth: A resolution was presented which accepts a deed from Markand /OVO
Anette Poth for right-of-way on Peninsula Drive.
Resolution - Accept Deed-Shield:A resolution was presented whichaccepts a deed from S.D./&yp
\^_J and Wendi Shield for right-of-way on Peninsula Drive.
Resolution - PettyCash:A resolution was presented which establishesa pettycash fund for the //3{,a
Surf 'N Slide Water Park Concession.
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CITYCOUNCIL MINUTES June 10,2008
Action Taken:Mr.Deane moved that the Consent Agenda be approved,seconded by Mr.Lane,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
/DO(j>2008 MUNICIPAL AIRPORT SLURRY SEAL
The cityreceived two bids forthe Municipal AirportSlurrySeal Project. This projectincludes slurry
sealingthe runwayandtaxiways,whichisapproximately35,000 square yards. The lowbidderhad
a minor irregularityin their bid which did not affect the total bid.
Action Taken:Mr.Pearce moved that the irregularity be waived and the bid be awarded to
Blackline,Inc. in the amount of $80,345,seconded by Mr.Ecret,and passed unanimously.
J)(sit 2008 SEWER LINING PROJECT
The city received four bids for the 2008 Sewer Lining Project. This project includes lining
approximately 37,300 linear feet of existing concrete sewer main in the Lakeview and Montlake
areas.
Gary Harer,Municipal Services Director,stated that an additional 1300'of pipe would be included
in the bid should the Council choose to authorize the additional work because the bid came in lower
than the budgeted amount.
Action Taken:Mr.Lane moved that the bid be awarded to Re-Pipe-California in the amount of
$884,564.20 and authorize the expenditure of funds up to the budgeted amount of $1,000,000,
seconded by Mr.Liebrecht,and passed unanimously.
/Of 7 INFIELD GROOMING MACHINE
The city received one bid for the infield grooming machine.This equipmentwill be used to maintain
the infields at the various ballfields.There was a minor irregularitywhich did not affectthe total bid.
Action Taken:Mr.Ecret moved that the irregularity be waived and the bid be awarded to Western
Equipment Distributors in the amount of $16,067,seconded by Mr.Reese,and passed
unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
COUNTRY CLUB ESTATES WATER SYSTEM
Ted Mahr,representing the Country Club EstatesWater System owned by Sharon Ladd requested
time to discuss with the Council the possibility of providing water to the Sun Terrace development
which is within the city limits but adjacent to the Moses Lake Golf and County Club.
Mr. Mahr stated that Ms.Ladd can provide the same services as the city at a lesser cost and
requested the Council investigate her offer to supply those services.
Sharon Ladd,P.O.Box 274,owner of the Country Club Estates Water System since 2005,has
a system already in place and a loop system could be developed with pressure equal to the city's
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CITY COUNCIL MINUTES June 10,2008
K^_J system.She mentioned that she would need to drill another well to provide the service but there
is sufficient water rights available.
James A. Whitaker, CityAttorney, explained that in 1999 there was an update to the Coordinated
Water Supply Plan forGrantCounty.Systemsthatwished toincrease the numberofservices were
required to be partof the CoordinatedWater Supply Plan.The system now owned by Ms.Ladd
choose not to participate inthat update. He also pointedout that city regulationsrequirethat all
property within the city limits connect to the city's system.
There was some discussion and it was pointed out that the developer requested city services.
The Council was not in favorof allowing a private system to serve areas withinthe city limits.
There was no action by Council.
CONSTRUCTION -REYES REMODEL
Margarita Reyes, 9883 Parkway,was issued a stop work order onthe replacement of a building
at 9883 Parkway as they did not obtain a building permit.
Gilbert Alvarado,Community Development Director,stated that the Code Enforcement Officer
noted the construction and since no building permitwas obtained, a stop work orderwas issued.
He pointed out that the construction taking place is within an easement and a setback.Upon
investigation iswas discovered thatthe previous building was constructed without a permit.
It was explained that in order to allow construction to continue,ordinances would have to be
amended to allow construction within easements and setbacks,which would not be in the best
interests of the community.
Jacob Reyes,9883 Parkway,statedthattheywished toreplace theexisting building becauseit was
deteriorated and they did not realizethey needed a building permit.
Council directed that Mr.and Mrs.Reyes work with staff to resolve the issue.
ORDINANCE/RESOLUTION -THE GREENS PLANNED UNIT DEVELOPMENT -PUBLIC //^
HEARING
A resolution was presented which adoptsthe development agreement for The Greensat Moses
Lake.Also presented was an ordinance amending the ordinance creating The Greens Planned
Unit Development.
Gilbert Alvarado,Community Development Director,stated that the development agreement
outlines howthe developmentwill be completed and the ordinance was amended to provide for
private streets and utilities within the development.
Dan Webster,representing The Greens,stated that the development agreement is needed
becausethe project will be developed in phases.He pointed outthatthe owners ofthe property
will be over55 years ofageand will probably have small pets.He requested thatthe ordinance
^_J be amended to allow an area of the lots to be fenced for those pets plus the ability to enclose any
propane storage containers within a fenced area.He mentioned that a picket fence would be
required.
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CITY COUNCIL MINUTES June 10,2008
There was some discussion by the Council concerning the pets and fencing.
The public hearing was opened.
Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Liebrecht,and
passed unanimously.
The resolution authorizing the City Manager to execute a development agreement pursuant to
RCW Chapter 36.70B togovern development ofthe proposed platknown as "The Greens at Moses
Lake"was read by title only.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Liebrecht,and
passed unanimously.
The ordinance amending Ordinance No. 2327 creating a planned unit residential development
district of Moses Lake pursuant to Moses Lake Municipal Code 18.67 was read by title only.
Action Taken:Mr.Pearce moved thatthe ordinance be amended to address pets and fencing and
the first reading of the ordinance be adopted,seconded by Mr.Deane, and passed unanimously.
ORDINANCES AND RESOLUTIONS
/D^/ORDINANCE -GARBAGE COLLECTION -SINGLE READING
An ordinance was presented which establishes new codes for a 3 yard dumpster 4 and 5 times a
week.Because of the requests for this service from customers,it was requested that the
ordinance be adopted on a single reading.
The ordinance establishing charges for garbage collection was read by title only.
Action Taken:Mr.Reese moved that an emergency be declared and the ordinance be adopted on
a first reading,seconded by Mr.Lane,and passed unanimously.
jOSf ORDINANCE -FENCES -2nd READING
An ordinancewas presentedwhich amends the fence regulations to allow a fence along a walkway,
pedestrian path,or activity trail to be a solid type for no more than 4'in height as measured from
the top of the walkway,pedestrian path,or activity trail.The fence can be 6'in height provided it
is see through fencing or 6'in height provided the top 2'is open.
The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential
Zones"was read by title only.
Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed unanimously.
/0S/ORDINANCE -TEMPORARY SIGNS -2nd READING
An ordinance was presented which amends the regulations dealing with temporary signs.
The ordinance amending Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs"was
read by title only.
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CITY COUNCIL MINUTES June 10, 2008
\^_J Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCE -VACATE BLANCHET AND PAXSON -2ND READING
An ordinance was presented which vacates a portion of Blanchet Avenue and Paxson Drive.
An ordinance repealing Ordinance No.1954 and vacating a portion of Blanchet Avenue and
Paxson Drive was read by title only.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Mr.Ecret,and passed unanimously.
ORDINANCE -PARKING REGULATIONS -1st READING
An ordinance was presented which establishes two hour parking in Dogwood Court.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
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Action Taken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr.
Liebrecht,and passed unanimously.
ORDINANCE -DESIGN STANDARDS -1st READING
An ordinancewas presented which amends regulationsto address lotsabutting right-of-way,land
locked property, and flag lots.
The ordinance amending Chapter 17.27 of the Moses Lake Municipal Code entitled "Design
Standards"was read by title only.
ActionTaken:Mr.Ecretmoved thatthe first readingofthe ordinance be adopted,seconded by Mr.
Lane, and passed unanimously.
RESOLUTION -ACCEPT DONATION -ALL STAR ENTERPRISES.INC.
A resolution was presented which accepts $200 from All Star Enterprises,Inc.The funds are to
be used for parks and playgrounds.
The resolution accepting donations totaling $200.00 for parks and playgroundswas read by title
only.
Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Liebrecht, and
passed unanimously.
RESOLUTION -ACCEPT DONATION -WAL-MART FOUNDATION
A resolution was presented which accepts $1,000 from the Moses LakeWal-Mart.The fundsare
to be used for parks, parks facilities, and playgrounds.
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CITY COUNCIL MINUTES .June 10,2008
The resolution acceptingacash donationof$1,000 from the Moses LakeWal-Mart Foundation was
read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
ll}b'A RESOLUTION -BUILD ON UNPLATTED PROPERTY -BROTHERTON SEED CO.
A resolution was presented which allows Brotherton Seed Co. to construct an underground pit
unloading station on unplatted property owned by Columbia Basin Railroad Co.
The resolution allowing Brotherton Seed Co.,Inc.to build on unplatted property leased from
Columbia Basin Railroad Company was read by title only.
GilbertAlvarado,Community Development Director,pointed out that this propertyis owned by the
Columbia Basin Railroad and so platting is not a part of the permission to build on unplatted
property
Jerome Brotherton, Brotherton Seed Co., Inc. pointed out that this is a small project and they have
a long termlease with the railroad.Heexplainedthe use ofthe underground pitunloading station.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Liebrecht,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
/O20 THRIFTY AUTO SALES-SIGN IN CITY RIGHT-OF-WAY
Michael Garland, Columbia Sign and Lighting, Inc., on behalf of Thrifty Auto Sales,requested
permission to installa sign incity right-of-way at 415 S. Pioneer Way.There is an existing planter
at this location and the disturbed plants will be replaced.
Gilbert Alvarado,Community Development Director,stated that neither the Municipal Services
Department nor the Parks and Recreation Department are opposed to placing the sign at the
requested location.
Mr.Garland pointed outthat the sign willnot obstructthe vision ofdrivers in the area and the owner
has spruced up the building. He felt that the sign would made a nice addition to the area and the
plantings and ground cover will be replaced.
Mr.Deane felt that the sign should be placed on the owner's property rather than in city right-of-
way.
Mr.Garland stated that it is possible to place the sign on the owner's property but since
landscaping is required,itwill create an odd shaped area of landscaping rather than the existing
symmetrical area of landscaping.He mentioned that if the sign is located in the existing asphalt
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CITY COUNCIL MINUTES June 10, 2008
V_y the landscaping would be done by constructing a planterarea with something likecinder block to
contain the soil.
There was some discussion by the Council concerning signs on city right-of-way.
No action was taken by Council.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
REQUEST TO CLOSE STREET -TSUNAMI SUSHI
Duane Lind,Tsunami Sushi,requested the closure of Third Avenue from Division Street to Ash
Street on July 19,2008 from 8 p.m. to 11 p.m. fora customer appreciation Elvisconcert.
Joseph K.Gavinski, City Manager,stated that the performance will be changed to July 18 due to
a conflict with a concert at the Centennial Amphitheater but they would stilllike to hold the event
in front of the Tsunami Sushi rather than move it a block to Sinkiuse Square.
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Mr.Pearce was opposed to closing the street forthree hours when the event could be held at
Sinkiuse Square.He was concerned about the impact on the other businesses inthe area.
Mr.Ecretwas concerned that approvingthis request would increase the requests to close Third
Avenue.He was also concerned about security.
Mr.Lane mentioned that itis importantto have events that will draw people to the downtown area.
Action Taken:Mr.Lane moved that the request be granted,seconded by Mr.Liebrecht.
There was considerable discussion.
ActionTaken:Mr.Pearce moved that the request be tabled untiladditionalinformationisobtained,
seconded by Mr.Ecret,and passed with Mr.Lane and Mr.Liebrecht opposed.
LAWN MOWER
Joseph K.Gavinski,City Manager,reported thatthe city has two lawn mowers.Onehas failed and
it will cost about $15,000 to repair.A new lawn mower will cost about $75,000 and will not be
available until August. The old lawn mowerhas been sent out to be repaired but since there is
concern about its reliability,the new lawn mower will be acquiredwhen it becomes available in
August.
STUDY SESSION -PLANNING COMMISSION
Joseph K.Gavinski,City Manager,statedthatthe Planning Commission could notmeet with the
^_J Council until the June 24 meeting to discuss the role ofthe Commission if the Hearing Examiner
role is expanded.
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CITY COUNCIL MINUTES June 10,2008
1117 PEDESTRIAN FLAGS
Joseph K.Gavinski,City Manager,distributed information on the use of pedestrian flags at
crosswalks.He mentioned that,according to the research done by staff,some cities like them and
some cities do not.
Dean Mitchell,Police Chief,pointed out that in the cases where the pedestrian flags are being used
itwas in response to an accident at that specific location.There are no studies that show the flags
enhance pedestrian safety.
Jim Whitaker,City Attorney,mentioned that if the city provides these pedestrian flags,it creates
liability on the part of the city.
It was the consensus of the Council that staff investigate the city's liability if the pedestrian flags
are provided.
j JS3 VEHICLE AND EQUIPMENT SALES
Action Taken:Mr.Deane moved that the issue of temporary vehicle and equipment sales be
removed from the table,seconded by Mr.Liebrecht,and passed unanimously.
Mayor Covey recommended that the Council study the information provided by the city and pointed
out that the city has already been informed of a law suit if an ordinance is adopted prohibiting the
temporary vehicle sales.He pointed out that such an ordinance would be setting a precedent in
the State of Washington and the city may not want to incur the cost of a law suit over this issue.
Joseph K.Gavinski,City Manager,stated that he researched the issue and could not find any place
where this issue has been discussed in the State of Washington.
There was some discussion by the Council and no action was taken.
jDZbfi BUILDING ACTIVITY REPORT
The May 2008 Building Activity Report was presented.
/O3 O PROJECTS UPDATE
Gilbert Alvarado,Community Development Director,distributed a listof the on-going projects in the
city and explained their progress.
The regular meeting was adjourned at 10:15 p.m.
ATTEST:
Ronald C.Covey,Ma^o
Ronald R.Cone,Finance Director