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2008 06 246724 MOSES LAKE CITY COUNCIL{_J June 24,2008 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 June 10,2008 meeting be approved,seconded by Mr.Reese,and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Vouchers audited and certified by the Finance Directoras 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 24, 2008 the Council does approve for payment claims inthe amount of $487,960.38; prepaid claims inthe amounts of $3,886.84, $145,955.42, and $66,648.50; claim checks inthe amount of $999,436.63;and payrollin the amount of $71,065.66. Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims, and payroll issued be approved,seconded by Mr.Reese,and passed unanimously. ^J PRESENTATIONS AND AWARDS Engineering Division:Jerod Bradford,Engineering Tech II,was presented to the Council. Community Development Department:Dan Leavitt,Assistant Planner,was presented to the Council. CONSENT AGENDA Accept Work -2008 Crack Seal Project:Quality Paving,Inc.has completed work on the 2008 JO/ 9- Crack Sealing Project.The work should be accepted and the 45-day lien period entered into. Campbell No.2 Final Major Plat/Findings of Fact:Deanand Monique Campbell are proposing to JJ<2 0? subdivide 40 acres into 3 lots in the C-2,General Commercial and Business,Zone.The property is located west of Clover Drive, north of Yonezawa Boulevard,and south of Pioneer Way.No buildings ordevelopmentare proposed atthistime. The Planning Commission recommendedthat the final plat be approved with conditions.Also attached for Council approval arethe findings of fact. Crossroads Phase 2 Final Major Plat and Findings of Fact: Hayden Homes submitted an //^£? application for a final plat to subdivide 17 acres into 63 single family lots.The siteis located north of Lakeland Drive and east of Highway 17. The area is zoned R-1,Single Family Residential, whichcorrespondswiththe Comprehensive Plan Land Use Designation ofLowDensityResidential. The Planning Commission recommended that the final plat be approved with conditions.Also {^J attached for Council approval are the findings of fact. 6725 CITY COUNCIL MINUTES June24,2008 /Of7 Resolution -Set Date for Public Hearing -Marina Drive Vacation:A resolution was presented f|) which sets July22 as the date for a public hearing on the request to vacate an additional 5'of Marina Drive right-of-way adjacent to Lot 11,Parkhlll-Scea Addition. ActionTaken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Lane, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES IOl9 2008 PENINSULA DRIVE RECONSTRUCTION PROJECT PHASE I The city received six bids for the 2008 Peninsula Drive Reconstruction Project Phase I.This projectincludes improving Peninsula Drive from Wanapum Drive tojust northof BatteryRoadwith new asphalt, curb, gutter,5'wide planterareas on both sides, a 5'wide sidewalk on the east side, and a 10'wide activity trail on the west side. /0/<ffl two Action Taken:Mr.Pearce moved that the bid be awarded to Halme Construction in the amount of $609,436,seconded by Mr.Liebrecht, and passed unanimously. 2008 SEAL COAT PROJECT The city received two bids forthe 2008 Seal Coat Project. This project consists of seal coating approximately 206,400 square yards of street surface inthe Wheeler Corridor and Lakeview area. An additive foran additional 25,800 square yards was included in the bid inthe event favorable bids were received. Action Taken:Mr.Lane moved that the bid and Additive 1 be awarded to Granite Northwest,Inc., dba Basin Asphalt,in the amount of $653,653,seconded by Mr.Liebrecht, and passed unanimously. jOll TRUCK BODIES AND CRANES The city received seven bids for the two truck bodies,two cranes,and one flat bed truck.The low bidder crossed out their first unit price for the service body and wrote a second price above it without initialing the change.This is a minor irregularitythat can be waived by the Council. Action Taken:Mr.Reese moved that the irregularitybe waived and the bid be awarded to I.T.E.C, Inc. in the amount of $94,385,seconded by Mr.Ecret,and passed unanimously. 2008 WANAPUM BIKE PATH PROJECT The city received five bids for the 2008 Wanapum Bike Path Project.This project consists of constructing approximately 3,250 feet ofconcrete bike path,landscaping,and an irrigationsystem along Wanapum Driveand two sidewalk bulb-outs at the intersection of Burress Street and Spruce Street. O O 6726 CITY COUNCIL MINUTES June 24, 2008 ^/The low bidder,Jahns Pipe Construction,failed to include sheet 3ofthe bid proposal at the bid opening.Itwas faxed to the citywithinan hourof the omission being noted by citystaff. Also, an extended pricewas placed inthe unit pricecolumn forthe block retainingwall. To award the bid to Jahns Pipe Construction the Council will need to waive the irregularityfor the unit price. Joseph K.Gavinski, CityManager,stated that Jahns Pipe Construction bidIsa problem.Because there is a difference of approximately $24,000 between the low bid and the next low bidder and because of the irregularity inthe lowbid,the Councilcan reject all bids and rebidthe project. There was some discussion by the Council. Jason Halme, Halme Construction,stated that he was opposed to rebidding the project because the lower bid included an irregularity.He mentioned out that the three low bidders are below the engineer's estimate even though one of them had an irregularity. Action Taken:Mr.Liebrecht moved that Jahns Pipe Construction,Inc.be declared a non- responsive bidder and the bid be awarded to Halme Construction in the amount of $480,632, seconded by Mr.Deane. There was some discussion by the Council. The motion passed with Mr.Liebrecht,Mr.Lane,Mr.Reese,and Mr.Deane in favor and Mr. Pearce,Mr.Ecret, and Mayor Covey opposed. {_J PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS GRANT COUNTY ANIMAL OUTREACH /£W3 Grant County Animal Outreach requested renewal of the contract with the city.They requested that the contract be made continuous with a 5%increase over last year. Carmen Derting,Grant County Animal Outreach,stated that they enjoy the work and wish to continue the contract.She mentioned that the kennels have been sandblasted which caused them to be in the red at this time. There was some discussion by the Council. ActionTaken:Mr.Pearce moved thatthe request be granted,seconded by Mr.Ecret,and passed unanimously. WAPATO DRIVE CONSTRUCTION Ron Baker,ownerof property on Wapato,recommended thatthe street and utility improvements being installed onWapato not be installed in front of his 30'of property since he is not yet ready todevelop the property.This would eliminate theneedto dig upthe street ata later date when the water and sewer stub outs need to be installed. Gerry McFaul,City Engineer,stated that hewasconcerned about leaving a 30'section ofWapato [^_J Drive unpaved. /o/9 6727 CITY COUNCIL MINUTES June 24,2008 Joseph K.Gavinski,City Manager,stated that the existing project includes paving beyond Mr. Baker's propertyand there is additional development that will connect the two paved areas. Mr.Bakersubmitted a map showing the location of his propertyand picturesshowing the currently installed street improvements.He mentioned that Wapato Drive is partly paved and partly graveled.The paving of Wapato Drive could be halted at his property line without creating a problem since the adjacent portion of Wapato is gravel. There was some discussion by the Council and no action was taken. 1030 GRANT COUNTY AVIATION FESTIVAL - SIGNS The Moses Lake Business Association requested permission to place three banner signs on city property at Neppel Landing,Third Avenue and Broadway , and 5 corners for the GrantCounty AviationFestival on June 27,28,and 29. The signs wouldbe installedon June 25 and taken down on June 30. Marianne Bondi,Executive Director,Moses Lake BusinessAssociation,statedthat the bannersare about 4'x 6'. Action Taken:Mr.Reese moved that the request be granted,seconded by Mr.Lane, and passed unanimously. //SA REQUESTTO CLOSE STREET -TSUNAMI SUSHI Duane Lind,Tsunami Sushi,requested the closure of Third Avenue from Division Street to Ash Street on July 18, 2008 from 8 p.m. to 11 p.m. for a grand opening customer appreciation Elvis concert. Action Taken:Mr.Deane moved that this item be removed from the table,seconded by Mr.Ecret, and passed unanimously. The Moses Lake Business Association submitted a letter in support of the closure ofThird Avenue for this event. LarryLarson,attorney for Mr.Lind,submitted a letter with the signatures of the businesses in the vicinityof the Tsunami Sushi stating they have no objection to the closure of Third Avenue. Sally Goodwin,Moses Lake Business Association,stated that she contacted the businesses on Third Avenue and they are in favor of the concert as it will bring people downtown. Jeff Foster, property owner in the area,stated that he was in favor of this request. There was some discussion by the Council. Action Taken:Mr.Lane moved that the request be granted with the stipulation that Mr.Lind is responsible for ail costs,seconded by Mr.Liebrecht,and passed unanimously. O n o 6728 CITY COUNCIL MINUTES June 24, 2008 K^J ORDINANCES AND RESOLUTIONS ORDINANCE -PARKING REGULATIONS - 2nd 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. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE -DESIGN STANDARDS - 2nd READING An ordinance was presented which amends regulations to address lots abutting 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. Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. ORDINANCE -NUISANCES -1st READING An ordinancewas presented which includes "criminal street gang"and "patternof criminal street gang activity"under the nuisance regulations.This will allow the Police and Community DevelopmentDepartmentstotake civil action on landlords andtenantswheregangactivity occurs. - Dean Mitchell,Police Chief,explained the impact of the new regulations. The ordinanceamendingChapter8.14ofthe Moses Lake Municipal Codeentitled"Nuisances"was read by title only. Action Taken:Mr.Deane moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. u ORDINANCE - FIRE EXTINGUISHING SYSTEMS -1st READING An ordinance was presented which amends Chapter 16.52,Installation and Maintenance of Automatic Fire Extinguishing Systems,inorderto bring itintocompliancewiththe new changes in the International Fire Code. The ordinance amending (^hapter 16.52 of the Moses Lake Municipal Code entitled "Installation and Maintenance of Automatic Fire Extinguishing Systems"was read by title only. ActionTaken:Mr.Deane moved that the first readingof the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. /02 7 /oH /&3C> 6729 CITY COUNCIL MINUTES June24,2008 /OY(p RESOLUTION -ACCEPT DONATION -BUDU RACING A resolution was presented which accepts $400 from Rory and Deanna Muller of Budu Racing. The funds are to be used for parks and recreation programs. The resolutionaccepting acash donationof$400.00 fromRoryand Deanna Muller of Budu Racing was read by title only. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Pearce,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION Illy RED LIGHT INSTALLATION -NIGHT WORK Transportation Systems requested permissionto work between the hours of 10 p.m. and 5 p.m. to install a red lightcamera system at the intersection of Alder Street and Broadway Avenue.The work is scheduled to begin June 25 and be completed withinthree weeks. Gerry McFaul,City Engineer,stated that in this area the traffic lanes cannot be closed so the contractor is proposing to work at night when traffic is low. The cameras will be installed on Broadway to watch traffic turning north bound onto Neppel Crossing. Action Taken:Mr.Lane moved that the request be granted to work between the hours of7 p.m. and 7 a.m.,seconded by Mr.Liebrecht,and passed unanimously. JI&Cp WOODCREST MAJOR PLAT -REIMBURSEMENTS Phil Bloom, Columbia Northwest Engineering,on behalf of Woodcrest MajorPlat,has requested a reimbursement agreement forthe portionof water main installed by the developer on Oregon Street.Itwas also requested thatthe city reimburse the developer forthe street improvements on Oregon Street. Larry Angell, Columbia Northwest Engineering,pointed out that the area requested for reimbursement is 60'wide and adjacent to unplatted property.It was a requirement of the Woodcrest Major Plat that Oregon Street become a through street,even though this 60'section was outside the boundaries of the plat.Because the city required the extension ofOregon Street, the developer is requesting reimbursement of the development costs and a reimbursement agreement forthe extension of the watersystem.Ifthe Council does not agree to havethe city pay for the street improvements,a reimbursement schedule would also be requested for the street costs. There was some discussion by the Council. O O o w CITY COUNCIL MINUTES 6730 June 24,2008 Action Taken:Mr.Pearce moved that a reimbursement schedule be established for the construction of the water main,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Pearce moved that a reimbursement schedule be established for the construction of the street improvements,seconded by Mr.Deane,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS AUDITOR'S REPORT Joseph K.Gavinski,City Manager,distributed the report on the exit conference with the Washington State Auditor. INVESTMENT REPORT The city received $33,019.03 in investment income for April 2008 and $38,177.09 in investment income for May 2008. SALES TAX/TRANSIENT RENTAL INCOME The cityreceived $495,704.60 insales tax and $26,929.80 intransient rental income in May 2008. The regular meeting was adjourned at 10:20 p.m. Ronald C.Covey,Mayor ATTEST: &K /C f^ris Ronald R.Cone,Finance Director //3C? /DO3