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2000 05 09u 5608 MOSES LAKE CITY COUNCIL May 9,2000 Council Present:Richard Pearce,Chris Blessing,LarryTracy,Tom Porter,Lee Blackwell, and Ron Covey MINUTES: Mr.Blackwell moved that the minutes of the April 25 meeting be approved as submitted, seconded by Dr.Covey,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Porter, and passed unanimously. Vouchers audited and certified by the Finance Directoras required by RCW42.24.080,and those expense reimbursement claims certified as required by RCW42.24.090,have been recorded on a listingwhich has been made available to the City Council. Claims:The vouchers included on the below list as modified by the Council and noted upon said list forthe Councilmeeting of April 25,2000 forthe funds listed below are approved inthe amount of $533,266.04. GENERAL FUND STREET STREET IMPROVEMENT PARK &REC IMPROVEMENT WATER/SEWER FUND 1996 BOND REDEMPT.FUND WATER/SEWER CONSTRUCTION SANITATION FUND Prepaid Claims: Prepaid claims approved by the City Manager according tothe processestablished by Moses Lake MunicipalCode 3.42.030 and the internalcontrol policy approved by theCityCouncil has been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of$4,993.27 for all funds. $60,843.83 AIRPORT 44.55 8,125.89 SELF INSURANCE 5,004.53 4,767.13 CENTRAL SERVICES 9,963.95 211,339.20 EQUIPMENT RENTAL 21,200.02 26,384.26 BUILDING MAINTENANCE 7,984.34 69.15 M L YOUTH PARTNERSHIP TF 525.00 76,463.12 TOTAL $533,266.04 92,551.07 GENERAL FUND $4,452.27 WATER/SEWER 385.94 STREET IMPROVEMENT 45.56 EQUIPMENT RENTAL 109.50 TOTAL $4,993.27 {^J Claim Checks:Checks 4404 through 4596 issued on April 24 through May 3,2000 were approved for payment at the Council meeting held on May 9,2000 in the total amount of$806,802.46. Payroll:The payrollissued on April28,2000 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 14457 through 14620 inthe amount of$56,869.01. Payroll:The payroll issued on April 28,2000 having been approved pursuant to the ruleof the CityCouncil set forthin Moses Lake Municipal Code 3.42.040,was paid by checks 14621 through 14626 in the amount of$1,014.38. COUNCIL AWARD Mayor Pearce presented a plaque to former Councilman Wayne Rimple for his 28 years of service to the /OO J city. II.EMPLOYEE PRESENTATIONS -None III.CONSENT AGENDA Apply for Grant -Traffic Safety Commission:The Police Department requested authorization to apply for a //?/? grant from the Washington State Traffic Safety Commission forthe purchase of a TVA/CR combination which will be used for presentations and training. Resolution -Coffin Annexation:Aresolution was presented which initiates the procedure for annexing /Od <P property owned by Kenneth and Ruth Coffin located in Section 9 and which is surrounded on three sides by property already annexed into the city. Resolution -Accept Donation -International Little League and Moses Lake Youth:A resolution was /&'& presented which accepts a donation of $2,644 fromthe International Little League and Moses Lake Youth to be used to establish a memorial at Larson Playfield to honor those who have contributed to youth baseball. ActionTaken:Mr.Blackwell moved that the Consent Agenda be approved,seconded by Mr.Porter,and passed unanimously. u 5609 CITY COUNCIL MINUTES:2 May 9,2000 IV.CONSIDERATION OF BIDS fj '-]YONEZAWA BOULEVARD/CLOVER DRIVE The lowbidfor the constructionof Yonezawa Boulevard was presented by Eller Corporation.The base bid includesYonezawa Boulevard,the signal atYonezawa and Highway 17,two roundabouts onYonezawa and a roundaboutatYonezawa and Division.Option1isthe repair of some ofthe sewers inthe Montlake area. Option 2was recently addedtothe project and includes Clover Drive.Becauseofthe on-going discussions with the property ownerson Clover Drive,staffrecommendedthatthe base bid and option 1be awarded to Eller Corporation and the bidon option2 be awardedafterthe right-of-way questions are settled./""\ Action Taken:Dr.Covey movedthatthe base bid and option 1beawardedto Eller Corporation,seconded by Mr.Porter,and passed unanimously. Joseph K.Gavinski,City Manager,statedthatabidwas receivedbythe cityabout 10seconds afterthetime for the bidopening. Those biddocuments were notaccepted. Gerry McFaul,City Engineer,statedthatthe property ownersalong Clover Drive are in agreementwith the construction ofthe streetto citystandards.Part ofthe developmentof Clover Drive isa new alignment of the road with Pioneer Way. After the new right-of-way is granted and the new road constructed, the Department ofTransportation mayturn backtheunusedright-of-way tothe city.The property ownerswould like some confirmation thattheunused right-of-way would be returned tothem in exchange for the right-of- way that must be dedicated forthe new alignment. Mr.Blessingmentionedthathe has aclientwithan interestinthis property butdidnotfeelitwouldinfluence his decision. Phil Bloom,Columbia NorthwestEngineering,representing the property ownersonCloverDrive,statedthat the property owners,inexchange for the dedication ofneeded right-of-way for the new alignment of Clover Drive,would like to receive the right-of-way that may be returned to the city by the Department of Transportation and the unused portion of Clover Drive withoutpayingany compensation. Mr.Tracyfeltthatsome ofthe property ownerswouldbe receivingconsiderablebenefitand perhapsthe city should receive some compensation for the property that is vacated. jooi There was some discussion by the Council. ActionTaken:Mr.Portermoved that option2 be awarded to Eller Corporation providedthe right-of-way for the new alignment of Clover Drive is obtained by the city,seconded by Mr.Blackwell, and passed unanimously. There was some discussion by the Council on whetheror not the city should be compensated forthe right- of-way that may be returned to the adjoining property owners and itwas determined to further discuss the issue ifand when the Department ofTransportation returns the unused right-of-way to the city. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS BOYS AND GIRLS CLUB -MCCOSH PARK/PENINSULA PARK SUMMER PROGRAM x.a The Boys and GirlsClub operated a summer meals and recreation program at McCosh Park in the summer la of 1999whichwas partially fundedbythe city.In 2000the Clubwill fund the program at McCoshParkand is looking to expand the program to the Peninsula area.The Club requested funds from the city to expand the program in the Peninsula area. Joseph K.Gavinski,City Manager,stated that the city did fund the recreation portion of this program last year and found that the recreation usage was not significant.Most ofthe use was the meal program. There was some discussion by the Council and it was pointed out that the program is for three hours and involves 3 people on a part time basis. Jerry Thaut,Parks and Recreation Director,stated that there were usually between 6 and 12 children that stayed for the recreation part of the program. Dr.Covey felt thatthe funds could be spentina betterway since there are so few people participating in the recreation part ofthe program. Mr.Tracy wanted to know what other uses the city would have for these funds. Mr.Gavinski stated that there is a need for playground equipment in many of the parks Action Taken:Mr.Tracy moved that the program be continued for one more year at the new site on the Peninsula,seconded by Mr.Blessing,and passed with Dr.Covey opposed. n n 5610 CITY COUNCIL MINUTES:3 May 9,2000 SENIOR OPPORTUNITY AND SERVICES -REQUEST FOR FUNDS The Moses Lake Senior Opportunity and Services requested funds from thecity to purchase a newwalk-in freezer.The Senior Center operates the nutrition congregate and home delivered meals in the area.Itis estimated that in 2000 the Senior Center will serve 38,000 congregate meals and 36,000 home delivered meals.The Center is receiving more frozen food than there is room to keep it and an additional freezer would help relieve the problem and reduce food costs. Joseph K.Gavinski,City Manager,stated that at the retreat the Council had discussed increasing the ,existing recreationalcontract with the Senior Center by $4,000 to afford them some additionalfunding for \-J their programs. Action Taken:Mr.Tracy moved that the contract for recreational services with Senior Opportunity and Services be increased by $4,000 for one year,seconded by Mr.Blackwell,and passed unanimously. MOSES POINTE Moses Pointe requested time before the Council todiscuss the Moses Pointe project.JDSY Joseph K.Gavinski,City Manager,gave some background on the project and indicated that city staff and the developers have been discussing the requested changes to Exhibit E of the Extra Territorial Utility Agreement.He also distributed a history of the project, which was started in 1992.Draft copies of Exhibit Eweredistributed to the Council. He stated that there are still some differences ofopinion between thecity and the Moses Pointe developers.He mentioned that vesting for this project is not an issue since the property has been included within the city's Urban Growth Area.He mentioned that the main areas of contention between the developers and the city are the water rights,the well, and the reservoir -when and how they get done and whether or not there is any security provided for them.The developers main objection with the city's draft is the requirement to provide security for the well and reservoir. Mike Moore,Moses Pointe,stated that it was their intent to come to this meeting to seek resolution on the issue ofthe water rights,the well,and the reservoir.Thedirectionfromthe Councilback in September 1999 was forstaff to work with the developer to complete the projectand still protectthe city's interest. In 1995 the city agreed to provide water and sewer to the project and an Extra Territorial Utility Agreement was signed.In that agreement it stated that changes may be needed and Exhibit E would be amended as required. He felt that their changes to Exhibit E provide for a logical fashion for the installation of infrastructurethat would not putthe city at risk asthe only infrastructure installedwould be for homes under t )construction.He pointed outthatthe golfcoursehasbeen finished andwhenthe project iscompleteditwill ^^provide 200 full time jobs.He felt that Exhibit Eas drafted by the developers protects the city and meets the intent of the original Exhibit E. Terry Brewer,GrantCounty Economic Development Council,spoke in favorof the projectas itwill have a positive impact on the community. Scott Wagner,Moses Pointe,went over the differences between the originalExhibit E and the two drafts. DennisReynolds, attorney forMoses Pointe,pointedoutthatthere isno disagreement between the cityand Moses Pointeon the transferofthe water rights.Healso pointedoutthat since the property is inthe UGA the city has a legalobligationto providewater and sewer.The discussions being held are on the terms and conditions for the provision ofthose services. Bob Fancher, developer, feltthat the proposal from Moses Pointe is fair.He pointed out that the citywould receive over $5,000,000 worthofinfrastructureand feltthatthe citywould be placing an undue hardshipon the developer by asking forsecurity on futureinfrastructure. He feltthat the projectis a good development for the city. Duane Jenks,contractor on the project,also felt that the proposals from Moses Pointe are fair and reasonable. Kelly DeShaw,golf proat Moses Pointe,mentioned that the golf course is onethat the city can be proud of and willbring people into the community. Ralph Kincaid,Windemere Real Estate,encouraged the Counciltowork with Moses Pointe as itis a quality I)developmentand uniqueinEastern Washington. Ed Buckland,golf pro,stated that the golf course developed by Moses Pointe is very good and the land around it needs to be developed. Mr.Gavinski mentioned that the city and Moses Pointe are not that far apart on the unresolved issues. Gary Harer, Municipal Services Director, pointed out that the streets are proposed to be private except for Westshore and that means there would be public utilities in private streets.Ifthe streets are private,the utilities should be private.The other issue is the existing well.The well is 208'deep and was drilled in the 1950sand has only a 12"casing for 160'.Itis not in the basalt layer soallthewater is from the surface and is susceptibleto contamination.If there are any problems with the well, itcould not be deepened or drilled „</<? 5611 CITY COUNCIL MINUTES:4 May9, 2000 tothe basalt level. A new wellwould haveto be drilled.Healso pointedoutthatthis projectis2 miles away fromthe city. This distance creates problemsingetting sewertothe mainlinesand in providing freshwater to the development. Aftersome discussion itwas the consensus ofthe Council thatcitystaff meet withMoses Pointeto further discuss the differences. The Councilagreed to meeton May 16 to again consider this issue. \\9?»CRITTENDEN MAJOR PLAT -DRIVEWAY VARIANCE Phil Bloom,Columbia Basin Engineering,requested a variance for a non-standard driveway entrance for /*"\ the east entrance on the Crittenden Major Plat located on Wheeler Road. Gary G.Harer,Municipal Services Director,stated that two variances would be required - one for the setbacks from the property lineand one for a non-standardapproachwithcurb returns. Mr.Bloomstated that itwould be a common driveway even though itis about 10'off the property line. Common driveway easementswill be filed withthe plat.It has been indicated thatthe next driveway access would be across from Hamilton Road and there will be no request for driveways inbetween. ActionTaken:Mr.Blessing moved that the variances be granted,seconded by Dr.Covey, and passed unanimously. J0i 7 ORDINANCE -VACATION OF BLANCHET AND PAXSON -1ST READING/PUBLIC HEARING An ordinance was presented which provides for the vacation of portions of Blanchet Avenue and Paxson Drive.The ordinance includes a provision for repayment of one half the appraised value of the area vacated.The Council should consider this requirement in lightof the fact that the property owners will be required to pay forthe construction of Paxson Drivewhen the land is platted. The public hearing was opened. Action Taken:Mr.Blackwell moved that the public hearing be closed,seconded by Dr.Covey,and passed unanimously. vV The ordinance vacating a portion of Blanchet Avenue and Paxson Drive was read by title only. Action Taken:Dr.Covey moved thatthe first reading oftheordinance be approved and a public hearing be set for May 23,seconded by Mr.Blackwell, and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND NUISANCES -2ND READING An ordinance was presented which amends Chapter 8.14 ofthe Moses Lake MunicipalCode dealing with nuisances.The amendment would delete the word "junk" from section 8.14.030 and included a definition relating to unsecured,unused,or abandoned buildings. The ordinance amending Chapter 8.24 of the Moses Lake Municipal Code entitled "Nuisances"was read by title only. Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr. Tracy,and passed unanimously. -4 ORDINANCE -AMEND MUNICIPAL CODE -2ND READINGS /iQJ ' Ordinanceswere presented which provideforhousekeeping changes incertainchapters ofthe Moses Lake Municipal Code. The ordinance amending Chapter 18.14 of the Moses Lake Municipal Code entitled "RR,Rural Residential Zone"was read by title only. Action Taken:Mr Porter moved that the second reading of the ordinance be adopted,seconded by Mr. Tracy, and passed unanimously. The ordinance amending Chapter 18.16 of the Moses Lake Municipal Code entitled "R-1,Single Family Residential Zone"was read by title only. Action Taken:Mr.Blessing moved that the second reading ofthe ordinance be adopted,seconded by Mr. Tracy,and passed unanimously. The ordinance amending Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2,Single Familyand Two Family Residential Zone"was read by title only. Action Taken:Mr.Blackwell moved that the second reading ofthe ordinance be adopted,seconded by Dr. Covey,and passed unanimously. n n 5612 CITY COUNCIL MINUTES:5 May 9,2000 The ordinance amending Chapter 18.22 of the Moses Lake Municipal Code entitled "R-3,Multi-family Residential Zone"was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Tracy, and passed unanimously. The ordinance amending Chapter 18.24 of the Moses Lake Municipal Code entitled "MH,Mobile Home Subdivision Zone"was read by title only. (Action Taken:Dr.Covey moved that the second reading ofthe ordinance beadopted,seconded by Mr. \~J Blackwell,and passed unanimously. The ordinanceamending Chapter 18.25 ofthe Moses Lake Municipal Code entitled"R-4,ResidentialZone" was read by title only. Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr. Blessing,and passed unanimously. The ordinance amending Chapter 18.28 ofthe Moses Lake Municipal Code entitled"C-1,Central Business District Zone"was read by title only. Action Taken:Mr.Blessing moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell, and passed unanimously. The ordinance amending Chapter 18.42 of the Moses Lake Municipal Code entitled "L-l,Light Industrial Zone"was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell, and passed unanimously. The ordinance amending Chapter 18.43 of the Moses Lake MunicipalCode entitled "M-l,Medium Industrial Zone"was read by title only. Action Taken:Mr. Porter moved that the second reading of the ordinance be adopted,seconded by Mr. Blessing,and passed unanimously. i )The ordinance amending Chapter 18.44 ofthe Moses Lake Municipal Code entitled "H-l,Heavy Industrial ^^^Zone"was read by title only. Action Taken:Mr.Blessing moved that the second reading of the ordinance be adopted,seconded by Mr. Porter, and passed unanimously.' The ordinance amending Chapter 18.48 ofthe Moses Lake Municipal Code entitled "P - Public Zone"was read by title only. Action Taken:Mr.Portermoved that the second reading of the ordinance be adopted,seconded by Mr. Tracy,and passed unanimously. The ordinance amending Chapter 18.49 of the Moses Lake Municipal Code entitled "Site Plans"was read by title only. Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr. Tracy, and passed unanimously. The ordinance amending Chapter 18.54 ofthe Moses Lake Municipal Code entitled"Off-Street Parkingand Loading"was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Blessing,and passed unanimously. The ordinance amending Chapter 18.55 ofthe Moses Lake Municipal Code entitled "Home Occupations" was read by title only. Action Taken:Mr.Blessing moved that the second reading ofthe ordinance be adopted,seconded by Mr. Tracy, and passed unanimously. The ordinance amending Chapter 18.57 oftheMoses Lake MunicipalCodeentitled "Landscaping"was read by title only. Action Taken:Mr.Blessing moved that the second reading of the ordinance be adopted,seconded by Mr. Porter, and passed unanimously. The ordinance amending Chapter 18.65 of the Moses Lake Municipal Code entitled "Manufactured Home Parks"was read by title only. 5613 CITY COUNCIL MINUTES:6 May 9, 2000 ActionTaken:Mr.Portermoved that the second readingof the ordinance be adopted,seconded by Mr. Tracy, and passed unanimously. The ordinanceamendingChapter18.69ofthe Moses LakeMunicipal Code entitled "Non-Conforming Uses" was read by title only. ActionTaken:Dr.Covey moved that the second readingof the ordinance be adopted,seconded by Mr. Porter, and passed unanimously. The ordinanceamendingChapter18.80ofthe Moses Lake Municipal Code entitled "Hearing Examiner"was /"\ read bytitle only.'' Action Taken:Mr.Porter moved thatthe second reading of the ordinance be adopted, seconded by Mr. Tracy, and passed unanimously. The ordinanceamending Chapter 19.03 ofthe Moses Lake Municipal Code entitled"Interim Classification and Designationof Resource Lands and Critical Areas and Regulations forthe Interim Conservation and Protection of Resource Lands and Critical Areas" was read by titleonly. ActionTaken:Mr.Blessing moved thatthe second reading ofthe ordinancebe adopted,seconded by Mr. Tracy, and passed unanimously. The ordinance amending Chapter 19.06 ofthe Moses Lake Municipal Code entitled"InterimClassification and Designation ofWetlands and Regulations forthe InterimConservation and ProtectionofWetlands"was read by title only. Action Taken:Mr.Tracy moved that the second reading of the ordinance be adopted,seconded by Mr. Porter, and passed unanimously. //fa I ORDINANCE -CREATE CHAPTER 12.10-DRIVEWAY CONSTRUCTION STANDARDS -1STREADING An ordinance was presented which provides for restricted access on Paxson Drive,Valley Road, Division Street,Yonezawa Boulevard,and Wheeler Road. A variance procedure has also been included. !«/</ /0& Gary Harer, MunicipalServices Director,explained that this ordinance willhelp control trafficon the named streets. There was some discussion by the Council and no action was taken. Staffwas requested to provide some consideration to residentially zoned property and to further refine the variance procedure. ORDINANCE-GAMBLING TAX -1ST READING An ordinance was presented which amends the gambling tax by reducing the gambling tax on bingo and raffles to 5%. The ordinanceamending Chapter3.18 ofthe Moses Lake Municipal Code entitled"Gambling Tax"was read by title only. Action Taken:Dr.Covey moved that the firstreading ofthe ordinance be adopted,seconded by Mr.Porter, and passed unanimously. RESOLUTION -FIRE DISTRICT#5 ASSETS A resolution was presented which provides forthe distribution of Fire District #5 assets as they relateto the Wheeler Road annexation. Joseph K.Gavinski,City Manager, distributed a draft letter to the Grant County #5 Commissioners which formally requested them to continue serving this area during the time they are still collecting taxes.He mentioned that the resolution finds that the city has incurred a substantial increase in its fire fighting responsibilities as a result ofthe annexation and that there isa corresponding reduction on the partof Grant County #5.He explained the process that would take place. Mr.Blessing pointed out that negotiations are proceeding with Grant County #5 and passage of this resolution may be premature.He mentioned that Grant County #5 is fully aware of the requirements in the state law. There was some discussion by the Council on both the resolution and the proposed letter. Action Taken:Dr.Covey moved that the letter to the Board of Commissioners of Grant County Fire Protection District#5 bechanged by eliminating allof the firstparagraph except forthe firsttwo sentences, seconded by Mr. Porter,and passed with Mr.Tracy opposed. n n u 5614 CITY COUNCIL MINUTES: 7 May 9,2000 The resolution stating the city's finding that the "Wheeler Road"annexation imposes a significant increase in firesuppression responsibilities forthe City ofMoses Lake pursuant to RCW35.02.202 was read by title only. Action Taken:Mr.Blessing moved thatthe resolution be tabled untilthe first meeting in June,seconded by Mr.Tracy,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS ORDINANCE -EASEMENT VACATION -MELVA ADDITION #3 -SINGLE READING/PUBLIC HEARING /0/3 An ordinance was presented which provides for the abandonment ofa 10' public utilityeasement located along the northeast portionof Lot 1,Melva Addition #3, which is located at theJntersection of Wapato Drive and Interlake Road.The Planning Commission recommended that the easement be abandoned. The public hearing was opened. Lonnie Simmons,Affordable Auto Repair,stated that he needs to expand his building due to an increase in business but cannot expand until this easement is abandoned. Action Taken:Dr.Covey moved thatthe public hearing be closed,seconded by Mr.Blackwell, and passed unanimously. The ordinance abandoning an easement in Melva Addition#3 was read by titleonly. Action Taken:Dr.Covey moved that an emergency be declared,the ordinance be amended to read "10' public utility easement"in section 1, and the ordinance be adopted on a single reading,seconded by Mr. Porter,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION CRITTENDEN MAJOR PLAT -VARIANCE -WATER MAIN LOCATION -Phil Bloom,Columbia Northwest Engineering,representing Crittenden Major Plat,has requested avariance i J to the Community Standards in order to install a water main 7' north of Wheeler Road in a proposed ^-^municipal water line easement.Staffs concern with this proposal is that the water main will be difficult to maintain since itwill be located on private property.The difficulties include excavating through the private owner's improvements which may include asphalt, landscaping,irrigation systems,curbing, etc. Gary G. Harer, Municipal Services Director,stated that staffwould prefer to havethewater line in the street because of the difficultiesof maintaininga publicwater main on private property. Mr.Bloom explained the reasons forthe variance request.He pointed out that there are multiple telephone lines and a sewer line in the existing easement.The water line has to be 10'from the sewer line and that would require cutting into Wheeler Road. He mentioned that the property owner was required to bore a water line underWheeler Road about four years ago to service other property ratherthan being allowed to cut the road.While it is not an ideal solution,the property owner is willingto provide an easement for the water line on his private property,which eliminate the need to cut into Wheeler Road. There was some discussion by the Council about repair and/or replacement of asphalt or other improvements in the easement.It was pointed out that a property owner is responsible for repair or replacement ofany improvements he installs inan easement iftheventthe city everhasto repair or replace the utilities. Joseph K.Gavinski,City Manager,stated that as a matter of policy,because of the public relations issue, the city generally repairs or replaces any thing it disturbs in the repair or replacement of a water or sewer main in an easement.In this case,the Council may wish to specifically cite the fact that the repair or replacement ofwhatever is disturbed in the easement is the responsibility ofthe property owner. Action Taken:Mr.Blackwell moved that the variance be approved with the stipulation that the property i)ownerwill be responsible for the repair orreplacementofany improvementinthe easement, seconded by Dr.Covey,and passed unanimously. WASTEWATER DIVISION -ADDITIONAL EMPLOYEES The Public Works Division has requested an additional maintenance crew of two persons to help with the work load in the Wastewater Division. With the number ofmilesofsewer and waterlines inthe city and the number ofliftstations,the additional employees are needed to maintain the city's facilities. Joseph K.Gavinski,City Manager,stated that with the increase in the numberof miles of water and sewer lines,the additional employees are needed to keep up with the work and to do the routine maintenance that has been put off due to lack oftime and personnel. /OcALf /oo9 0 \\\\ \5? 5615 CITY COUNCIL MINUTES:8 May 9, 2000 Action Taken:Mr.Blackwell moved that the request for two additional employees in the Public Works Division be approved,seconded by Dr.Covey,and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS -None XI.COUNCIL QUESTIONS AND COMMENTS COUNCIL ORGANIZATION Mr.Pearce stated that he has setTuesday,May 16, at 8 p.m. to interview the candidates forthe vacant /*-\ Council position.' GROWTH MANAGEMENT Mr.Porterrequested some background onthe situationbetween GrantCounty and the Cityof Moses Lake as itrelates to lawsuits filed by eitherthe city orGrantCounty. Joseph K.Gavinski, City Manager,stated that two lawsuits have been filed against the city- one by Grant County and one by GrantCounty Fire District #5. The city requested, and was granted, a writof reviewon the request by Grant County #5 forthe Boundary Review Boardto take jurisdiction on the Wheeler Road annexation.He mentioned that there was a multi-city motion before the Eastern Washington Growth Management Hearings Board to ask Grant County to move forward with their Comprehensive Plan. He further stated that the city had sought a writ of review on the Gear annexation when the Grant County Boundary Review Board attempted to take jurisdiction.The city was also successful inthe action. Mr.Porter wanted to know if the Wheeler Road annexation area was included in the county's Comprehensive Plan. Mr.Gavinski statedthat the area was included in the county's Comprehensive Plan as partof Moses Lake's UGA. Including property in a UGA allows a city to annex the property. He mentioned that the county had agreed not to challenge an annexation without talking to the city about it first.He mentioned that the remaining law suit is the one filed by Grant County,which the city thought would be dropped after the revenue sharing agreement was signed. Mr.Porter stated that, in response to the newspaperarticle and the comments from Leroy Allison,the city has only filedlaw suits in response to other issues and have not filedany against Grant County.He pointed out that the only lawsuit stillpending is the one filedby Grant County againstthe city.The concernsthe city has with the county's Comp Plan have been submitted to the Eastern Washington Growth Management Hearings Board and is not a law suit. XII.CITY MANAGER REPORTS AND COMMENTS NORTHLAND CABLE Joseph K.Gavinski,City Manager,stated that the city held a public meeting to gather citizen input on the Northland Cable franchise. He requested direction from the Council on how to proceed with this issue. There was some discussion by the Council and it was pointed out that there was not much attendance at that public meeting,even though it was well publicized. Barry Mangan,manager of Northland Cable,stated that he is looking at some channel changes due to competition and to obtain more subscribers.He stated that they are looking into accessing the Internet. Action Taken:Mr.Blackwell moved thatstaffbedirected to proceedwith preparing a report on the Northland Cable franchise,seconded by Mr.Tracy,and passed unanimously. J03bA BU'LDING ACTIVITY REPORT Joseph K.Gavinski,City Manager,distributed the building activity report for April 2000 -695 UPDATE Joseph K.Gavinski,City Manager,distributed information from AWC on legislative relief because ofI-695. The $154,203 the city willreceive is fora 15 month period. This is about 35% of what the city would have received if I-695 had not passed. n n li)0$INVESTMENT REPORT Joseph K.Gavinski,City Manager, reported that the city received $52,738.48 in interest income for March 2000. SALES TAX/TRANSIENT RENTAL INCOME 1(5$&Joseph K.Gavinski,City Manager,reported that the city received $234,284.42 in sales tax income and 1 $16,439.52 in transient rental income for March 2000. u u u CITY COUNCIL MINUTES:9 PALMS UP COMMITTEE 5616 May 9,2000 Joseph K.Gavinski,CityManager,stated thatthe city continues to receive lettersonthe proposed palmtree theme for Moses Lake and requested Council direction. Therewassome discussion and itwasthe consensusofthe Council thatthe city take no action at this time. TIME CAPSULE CONTENTS Joseph K.Gavinski,CityManager,distributeda listofitems thatwas placedwithinthe time capsule thatwas buried in Sinkiuse Square. The regular meeting was adjourned at 11:30 p.m. /O/S //// ATTEST:Mayor ,Ls>~e-~ nnance Director