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2001 09 255771 MOSES LAKE CITY COUNCIL September 25,2001 Council Present: Ron Covey,Chris Blessing,Larry Tracy,Tom Porter, BrentReese, and Lee Blackwell Absent:Richard Pearce MINUTES:Mr.Blackwell moved that the minutes of the September 11 meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Porter,and passed unanimously. Vouchers auditedand certified bythe Finance Director as required byRCW42.24.080, and those expense reimbursement claims certified as required byRCW42.24.090, have been recorded on a listing which has been made available to the City Council. Claims: The vouchers includedon the belowlistas modified bythe Counciland noted upon said listforthe Council meeting ofAugust 28,2001 for the funds listed below are approved in the amount of$404,113.16. GENERAL FUND $131,284.40 SANITATION FUND 8,591.07 STREET 31,389.71 AIRPORT 921.40 STREET REPAIR/RECON 275.96 AMBULANCE SERVICE FUND 5,256.07 EQUIPMENT LEASES 5,212.64 CENTRAL SERVICES 9,286.68 WATER/SEWER 59,653.31 EQUIPMENT RENTAL 36,845.14 W/S CONSTRUCTION 59,653.31 BUILDING MAINTENANCE 111,380.92 WATER/SEWER LEASES 2,239.15 TOTAL $404,113.16 Prepaid Claims:Prepaid claims approved by the City Manager according totheprocessestablishedby Moses Lake Municipal Code3.42.030 andthe internal control policy approved by the City Council has been recorded on a listing which has been made available tothe City Council.The claims listed below are approved in the amount of $3,778.79 for all funds. GENERAL FUND $2,234.61 AMBULANCE SERVICE FUND 8.81 STREET 17.75 CENTRAL SERVICES 953.01 WATER/SEWER 367.94 EQUIPMENT MAINTENANCE 192.26 AIRPORT 4.41 TOTAL $3,778.79 Prepaid Claims:Prepaid claimsapproved bythe City Manager accordingtothe process established byMoses Lake Municipal Code 3.42.030 and the internalcontrolpolicy approved bythe City Councilhas been recorded ona listing which has been made available tothe City Council.The claims listed below are approved in the amount of $5,725.25 for all funds. GENERAL FUND $167.69 BUILDING MAINTENANCE 5,476.47 AIRPORT 81.09 TOTAL $5,725.25 Prepaid Claims:Prepaid claimsapproved bythe City Manageraccordingtothe process established byMoses Lake Municipal Code 3.42.030 and the internal control policyapproved bythe CityCouncil has been recorded on a listing which has been made available to the CityCouncil. The claims listed below are approved inthe amount of $42,500.00 for all funds. BUILDING MAINTENANCE $42,500.00 TOTAL $42,500.00 Claim Checks:Checks 11193 through 11376 issued on September 11,2001 through September 21,2001 were approved for payment at the Council meeting held on September 25, 2001 in the total amount of $905,693.69. Payroll:The payroll issued on September 14, 2001 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 22320 through 22570 in the total amount of $67,136.75 PROCLAMATION The proclamation declaring the weekof October7-13,2001 as Fire PreventionWeek was read in its entirety. EMPLOYEE PRESENTATIONS -None CONSENT AGENDA Western Display Fireworks:A contract with Western Display Fireworks was presented for ratification of the City Manager's signature. This contract provides for additionalshells for the 4lh of July fireworks display at no extra cost to the city. Fire Fighters:Acontract amendment with thefire fighters was presented for ratification of the City Manager's /O L/3 signature.The amendment deals with issues connected with the city's provision of ambulance service. Resolution -Accept Donation -Wal-Mart Foundation:A resolution was presented which accepts $182.17from the Ephrata Wal-Mart Foundation.The funds are to be used for the Special Olympics Program. Resolution - Build on Unplatted Property - Allen: A resolution was presented which allows Jack Allen to construct an addition to his home at 640 Highway 17. Action Taken:Mr.Porter moved that the Consent Agenda be approved,seconded by Mr.Blessing,and passed unanimously. J03f 5772 CITY COUNCIL MINUTES:2 September 25,2001 CONSIDERATION OF BIDS //fab PENN STREET DRAINAGE PROJECT 2001 The city received three bids for the Penn Street Drainage Project.The low bidder, Columbia Valley Excavation did not submitthe addendumswith their bid.This is a minor irregularitythatcan bewaived by the Council.Staff recommended that the Council waive the irregularity and award the bid to Columbia Valley Excavation. Gary Harer,Municipal Service Director,explained that someof the bid items havea high unit priceand ifthere are over runs itwill reflect on the final cost.However,staff did not feel it would be a big problem. Action Taken:Mr.Blackwell moved that the irregularity bewaived and the bid beawarded to Columbia Valley //-^\ Excavation in the amount of $102,746.00,seconded by Mr.Tracy, and passed unanimously. //k(f SEWER REPAIR PROJECT 2001 The city received three bids forthe Sewer Repair Project. This project includes replacing60' of storm sewer main along Division Street and 625'of sanitary sewer main near the Peninsula LiftStation.Staff recom mended that the Council award the bid to A. F.Cannone &Son Excavation & Paving. Action Taken:Mr.Tracy moved that the bid be awarded to A. F.Cannone &Son Excavation &Paving in the amount of$62,486.90,seconded by Mr.Reese,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS //S2,MOSES LAKE BUSINESS ASSOCIATION -THIRD AVENUE The Moses Lake Business Association will be sponsoring the Downtown Trick orTreat event on October 31 and requested the closure of Third Avenue from Alder Street to Beech Street from 5 p.m. to 7 p.m. Action Taken:Mr.Blackwell moved that the request to close Third Avenue from Alder Streetto Beech Street from 5 p.m. to 7 p.m. on October 31 be granted,seconded by Mr.Porter,and passed unanimously. jfej MOSES LAKE BUSINESS ASSOCIATION -CASCADE PARK On October 6 there will be boat races held at Cascade Valley.The organizers of the boat races have requested the Moses Lake Business Associationassist them in finding vendors to participate inthe parkwith artand craftexhibits. The onlyfood providedwill be from Slice of Heaven, whichalreadyhas a contractwith the city. Jerry Thaut, Parksand Recreation Director,stated thatstaff does notanticipateany problemswiththe 12 to 15 exhibitors that will be participating. Action Taken:Mr.Porter moved that art and craft exhibits be allowed at Cascade Park on October 6 in connection with the boat races,seconded by Mr.Reese,and passed unanimously. y/77 RESOLUTION -SIX YEAR STREET PLAN -PUBLIC HEARING A resolutionwas presented which establishes the city's six-year street plan. The publichearing was opened. There were no comments. Action Taken:Mr.Reese moved thatthe public hearing be closed, seconded by Mr.Blackwell,and passed unanimously. The resolution amending the SixYearStreetConstruction Program for 2002 -2007 was read bytitle only. Action Taken:Mr.Porter moved that the resolution be adopted,seconded by Mr.Tracy, and passed unanimously. ORDINANCES AND RESOLUTIONS IQI3 ORDINANCE -VACATE EASEMENT -GARDEN HEIGHTS ADDITION -2ND READING An ordinance was presented which vacates an easement lying between Lots 3 and 4 of Garden Heights Addition.The property owners are planning toconstruct a building over this easement which necessitates its abandonment. Mr.Blessing declared a conflict of interestandexitedthe room. The ordinance abandoning aneasement in Garden Heights Addition was read bytitle only. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted,seconded by Mr.(~^ Porter, and passed unanimously. lO/£ORDINANCE -VACATE EASEMENT -PARADISE SHORT PLAT -2ND READING Anordinance was presented which vacates aneasementlying onboth sidesofthe rear property line of Lot 2, ParadiseShort Plat,so thata building can be constructed inthis area. Mr.Blessingdeclareda conflict of interestand exited the room. The ordinance abandoning an easement in the Paradise Short Plat was read bytitle only. ActionTaken:Mr.Porter moved thatthe second reading ofthe ordinancebe adopted,seconded byMr.Tracy, and passed unanimously. n 5773 CITY COUNCIL MINUTES: 3 September 25, 2001 ORDINANCE -BASIN WATER SOURCES.INC.FRANCHISE -1ST READING An ordinance was presented which grants a franchise to Basin Water Sources to operate a water distribution system in the city.The current franchise expired on September 21. Joseph K. Gavinski,City Manager, explained that this is a renewal of an existing franchise and is for placement of their water lines in the city's rights-of-way. Mr.Tracy was concerned that the franchise does not provide enough financial protection forthe city should something go wrong with the water lines. ^GaryThroop, 2062 Crestmont,pointed out that they are regulated by several different state agencies whichV^have very strict rules which must be complied with. There was some discussion by the Council. The ordinance grantingto Basin Water Sources,Inc.the rightand franchise to use and occupy designated streets,alleys, and other public places and ways of the City of Moses Lake,Washington,to construct, maintain,repair,renew and operate awater distribution system withinand through certain portionsofthe City of Moses Lake,Washington was read by title only. Action Taken:Mr.Tracy moved that the first reading of the ordinance be accepted and staff be directed to look into some financial protection forthe city,seconded by Mr.Porter,and passed unanimously REQUESTS TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS PENINSULA SCHOOL FINAL PLAT Fred Skinner,Western Pacific Engineering,submitted the one lotPeninsulaSchool Final Major Plat located on Burress Avenue and Texas Street.The Planning Commission recommended that the final plat be approved. ActionTaken:Mr.Blackwell moved that the Peninsula School FinalPlat be approved with the stipulation that the comments from the CityEngineerbe addressed andthe Findings of Factbe accepted,seconded by Mr. Porter, and passed unanimously. IHP -4/ORDINANCES -C-1.C-2.AND MANUFACTURED HOME PARKS ZONES -1st READINGS /Q$ Ordinances were presentedwhich deletemanufactured home parks as aconditional use intheC-2Zoneand incorporates language which allows residential development within the commercial zones in areaswhich do f j not conflict with ground level commercial areas.In order to keep the language regarding specific uses ^—'consistent within both commercial zones, some changeshave also been madetothe C-1 zone. Alsothe Manufactured Home Parks regulations were amended to delete that manufactured home parks are a permitted use in the C-2 zone. The ordinance amending Chapter 18.28ofthe Moses LakeMunicipal Code entitled "C-1,Central Business DistrictZone"was read by title only. ActionTaken:Mr.Portermoved thatthe first reading ofthe ordinancebe accepted and the second reading and a public hearing be scheduled for October 9,secondedby Mr.Tracy,andpassed unanimously. Theordinance amending Chapter 18.32 oftheMosesLakeMunicipal Codeentitled "C-2,General Commercial and Business Zone"was read by title only. There was some discussion by the Council. ActionTaken:Mr.Reese moved thatthe first reading ofthe ordinancebe accepted and the second readingandapublichearingbescheduledforOctober9,seconded by Mr.Blackwell,and passed unanimously. The ordinance amending Chapter 18.65 ofthe Moses Lake Municipal Code entitled "Manufactured Home Parks"was read by title only. ActionTaken:Mr.Blackwell moved that the first reading of the ordinance be accepted and the secondreadingandapublichearingbescheduledforOctober9,seconded byMr.Porter,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION BROADWAY WATER EXTENSION PROJECT -WORK AFTER DARK The Broadway Water Extension Project includes the crossing on Highway 17.Sfncethis isastatehighway, the city requested permission from the Department ofTransportation (DOT)tocutthe highway rather than \_J bore underneath it.The DOT allowed theopen cutwith thestipulation that thework bedone between 8 p.m.and 5 a.m.Under city ordinance power equipment cannot be operated between 10 p.m.and7 a.m.A variance was requestedto allow Chris'Excavation toworkbetween hoursof 10 p.m. and7 a.m. to cross Highway 17. Action Taken:Mr.Blessing movedthata variance be granted to allow Chris'Excavation toworkbetweenthe hoursof 10 p.m.and7 a.m. to construct the waterline across Highway 17,seconded by Mr.Porter,and passed unanimously. WAL-MART EXPANSION -WORK AFTER DARK Bateman-Hall,Inc.,contractorforthe Wal-Mart construction,requested avarianceofthe city's prohibition to the operationof power equipment between the hours of 10 p.m. to 7 a.m. IIUCs lit?1* 5774 CITY COUNCIL MINUTES: 4 September 25, 2001 Russell Lyday,Bateman-Hall,statedthatthe project will be intwo phases. The first phase isthe demolition ofthe wallsofthe currentstorewhichthey preferto do at nightto lessen the hazardstothe public.This first phase will takeaboutaweek andwill begin aboutOctober 20,2001.The second phase will begin towards the end of January and into February. Action Taken:Mr.Tracy movedthata variance be granted to allow Bateman-Hall,Inc.toworkbetweenthe hours of 10 p.m. and 7 a.m.,seconded by Mr.Reese,and passed unanimously. /05f WASTEWATER DISCHARGE PERMIT -EFTC A new industrial wastewater discharge permithas been prepared for EFTC'selectriccircuit boardassemblybusinesslocatedat7966AndrewsStreet.The permit is comparable with the state wastewater discharge ^m>^ permit that has been issued bythe Department of Ecology.[) Gary Harer,Municipal Services Director,statedthatthisbusinessusedtobe called Sunstrand.The permit is for the discharge of about 1,000 gallons perdaytothe Larson WastewaterTreatment Plant. JOSf jab-ri Action Taken:Mr.Blackwell moved that the permitbe approved, seconded by Mr.Reese,and passed unanimously. WASTEWATER DISCHARGE PERMIT -VERN'S MEATS A new industrial wastewater discharge permit has been prepared for Vern's Meats located at 2721 W. Peninsula Drive.The permit is comparable with the state wastewater discharge permit issued by the Department of Ecology. Gary Harer,Municipal Services Director,stated thatthe permit is for the discharge of about 10,000 gallons perday to the Sand Dunes Wastewater Treatment Plant. Action Taken:Mr.Blessing moved that the permit be approved,seconded by Mr.Porter,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS BUILD ON UNPLATTED PROPERTY -THORNTON NewtThornton,1311 Road4 SE, requested a sign,carlot,and officeat 1110 Broadway,withstorage inthe rear. Gilbert Alvarado,Community Development Director,pointedout thatthe landinquestion is unplatted. The placement of a sign will require approval from the Council to build on unplatted property.There is an apartmentcomplexonthe siteandtoconvertaunittoanoffice requires compliancewith the Uniform Building Code.He mentioned that Mr.Thornton needs to talk to the Community Development Department. COUNCIL QUESTIONS AND COMMENTS /QQC}COUNCIL MEETINGS Mr.Blackwell mentioned that several people have suggested that the city televise its Council meetings. There was some discussion and the consensus was that Mr.Blackwell should look into the idea and report back to the Council. CITY MANAGER REPORTS AND COMMENTS lOPllt BUILDING OFFICIAL POSITION Joseph K.Gavinski,City Manager,reportedthat Lee Creiglow,the city's Building Official,has resigned as of September 20.In orderto provideforreviewof projectsuntil the cityhiresa new Building Official,the citywill be contracting for inspection services and plan reviews. GilbertAlvarado,Community Development Director,explained what the services the contracted company would provide and the cost to the city. Joseph K.Gavinski, City Manager,stated that when interviews forthe Building Officialare scheduled,he would like to include a Council member and someone from the building/contracting community to sit inon the interviews. Mr.Blessing volunteered to sit in on the interviews and recommended that a representative from the local building association be included. /OOi INVESTMENT REPORT Joseph K.Gavinski,City Manager,reported that the city earned $62,190.64 in investment income for August (~\ 2001. |(^7 WEED CONTROL REPORT Joseph K.Gavinski, City Manager, distributed information on the city's efforts at weed control. /D/7 ROAD GRADER Joseph K.Gavinski,City Manager,stated that the city's road grader had developed some serious problems. Since a new road grader has been budgeted for in the 2002 budget,staffdid not want to put a lot of money into repairing the current road grader.He mentioned thatthe lease has enough capacity to allow for the purchase ofa road grader at this time.The grader is available through a federal contract which can be used as allowed by statute. n CITY COUNCIL MINUTES:5 5775 September 25,2001 Gary Harer,Municipal Services Director,reported that the road grader is 15 years old and has been inthe shop mostofthe summer forminor repairs.Atthe present time the hydraulic controlassembly is notworking and itwill cost $7,500 to replace it. Itwillcost another $15,000 to flush the hydraulic system. There was some discussion by the Council. ActionTaken:Mr.Blackwell moved that the staff be authorized to purchase a new roadgrader for$183,427 from John Deere off a federal contract,seconded by Mr.Reese,and passed unanimously. CITY HALL ^Joseph K.Gavinski,City Manager,distributed maps showingthe proposed parking lotlayoutfor the city hall\^J complex. No action was taken by the Council. The regular meeting was recessed at 9:20 p.m. and the Council met inan executive session to discuss real estate transactions and litigation matters.The executive session was adjourned at 9:45 p.m. and the regular meeting was reconvened. CITY HALL The Councildiscussed the cityhallprojectand directed staff to bringitbackafter furtherdiscussion withJohn Ahlers over the purchase of property across Balsam Street from the City Hall. The regular meeting was adjourned at 9:50 p.m. ATTE Finance Director iC*fr*z-~ U u ;0/f /Olf u u u BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE PENINSULA SCHOOL MAJOR FINAL PLAT FINDINGS OF FACT,CONCLUSIONS,AND DE CISION 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date.A public meeting washeld upon proper notice before theCommission onSeptember 13, 2001. 1.2 Proponent. The Moses Lake School District is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which islegally described upon the plat.City staff has confirmed the property described on the plat isthe property submitted for platting. 1.4 Evidence. The Commission consideredthe following materialsin reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon theevidence presented to them,theCommission makes thefollowing findings of fact: 2.1 The proponent is the owner of the property. 2.2 The propertyis currently zoned Public. 2.3 The platting of this propertyis inthe public interest. 2.4 The final platis substantially the same as the preliminary plat. 2.5 The City Engineer's comments will be addressed prior to filing ofthe plat. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of factthe Commission makes the following conclusions: 3.1 The Planning Commission ofthe Cityof Moses Lakeisvested withthe authority to recommend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis properat this time forthe Planning Commission to make a recommendation on this plat. 3.4 Itis in the best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basisofthe foregoing findings offact and conclusions,itis the recommendation of the Planning Commission of the Cityof Moses Lake to the CityCouncil of the Cityof Moses Lake that the platbe approved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date.A public meetingwas heldupon propernoticebeforethe Council on September25,2001. 5.2 Proponent.The Moses LakeSchool District isthe proponent ofthis plat. 5.3 Purpose.The proponent hassubmitted a final plat for property legally described upon the plat. City staff hasconfirmed the property described on the plat istheproperty submitted for platting. 5.4 Evidence.The Council considered the following materials in reaching itsdecision: A.The submitted plat. B.Testimony fromthe proponent. C. Written comments from various parties. 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL No further evidencewas presented tothe City Council.The City Council adoptsthose findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL. From the foregoing findings of factthe Council makes the following conclusions: 7.1 The City Council of the Cityof Moses Lake is vested withthe authority to make a decision on f) a final plat. 7.2 The plat is properly before the Council for its decision. 7.3 Itis properat this time forthe City Council to make a decision on this final plat. 8.DECISION. The City Council ofthe City of Moses Lakeagrees with the recommendationofthe Planning Commis sion and approves the final plat. Richard Pearce,Mayor n n