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2001 10 095776 MOSES LAKE CITY COUNCIL October 9,2001 Council Present:Richard Pearce,RonCovey,ChrisBlessing,Larry Tracy,Tom Porter,BrentReese,and Lee Blackwell MINUTES:Mr.Blackwell moved that the minutes of the September 25 meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved thatthe bills,checks,and prepaid claims issuedbe approved,seconded by Mr.Porter,and passed unanimously. (J Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursementclaimscertified as required by RCW 42.24.090,have been recorded on a listing which has been made available to the City Council. Claims:The vouchers includedon the belowlistas modifiedbythe Council and noted upon said listforthe Council meeting of October 9,2001 for the funds listed below areapproved in the amount of $883,519.68. GENERAL FUND $77,077.69 SANITATION FUND 98,428.20 STREET 19,450.10 AIRPORT 711.37 STREET REPAIR/RECON 75,781.59 AMBULANCE SERVICE FUND 6,545.81 STREET IMPROVEMENT 130.00 CENTRAL SERVICES 4,493.21 WATER/SEWER 18,873.43 EQUIPMENT RENTAL 84,925.00 1996 BOND REDEMPTION FUND 7,830.00 BUILDING MAINTENANCE 24,051.59 W/S CONSTRUCTION 424,485.62 FIREMANS PENSION 133.98 STATE WATER POL D/S 40,602.09 TOTAL $883,519.68 Prepaid Claims:Prepaid claims approved bytheCity Manager according totheprocess established byMoses Lake Municipal Code 3.42.030 and the internal control policy approved bythe City Council hasbeenrecorded ona listing which hasbeenmade available tothe City Council.The claims listed below areapproved in the amount of$1,217.78 for all funds. GENERAL FUND WATER/SEWER Prepaid Claims:Prepaid claimsapproved bytheCity Manager according tothe processestablishedbyMoses Lake Municipal Code 3.42.030 and theinternal control policy approved bytheCity Council hasbeen recorded on a listing which has been made available to the CityCouncil.The claims listedbelowareapproved inthe amount of$433.77 for all funds. i j GENERAL FUND $422.83 Vw/CENTRALSERVICES 10.94 TOTAL $433.77 Prepaid Claims:Prepaid claims approved bytheCity Manager according tothe process established byMosesLakeMunicipalCode3.42.030 and theinternal control policy approved by theCity Council has been recorded on a listing which has been made availableto the City Council.The claims listed below are approved inthe amount of $150.00 for all funds. CENTRAL SERVICES $150.00 TOTAL $150.00 Claim Checks:Checks 11377 through 11575 issued on September 26,2001 through October 5,2001 were approved forpayment atthe Council meeting held on October 9, 2001 inthe totalamount of $946,055.60. Payroll:The payroll issued on September 28, 2001 having been approved pursuantto the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 22571 through 22763 in the total amount of $59,704.29. Payroll:The payroll issued on September 28, 2001 havingbeen approved pursuantto the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 22764 through 22771 inthe total amount of $1,366.44. PROCLAMATION The proclamation declaring the week of October 17-23,2001 as LionsWeek was read inits entirety. EMPLOYEE PRESENTATIONS -578.80 CENTRAL SERVICES 722.28 74.30 M. L.YOUTH PT 1,000.00 TOTAL $1,217.78 AG* U Fire Department:Brandon Asher,Firefighter,has earned an Associate in Technical Arts Degree from South /0/<£ Puget South Community College in Fire ProtectionTechnology. CONSENT AGENDA FireFighterContract: Authorization was requested forthe City Managerto sign a contract amendment with the fire fightersconcerning the rateof pay forthe Fire Marshal and Fire Inspector upon accepting a second alarm call back. Resolution -Accept Street/Utility Improvements -Desertooint Major Plat:A resolution was presented which //£Lf accepts street and utility improvements inthe Desertpoint MajorPlat. Resolution -Unclaimed Checks:Aresolution was presented which cancels claims checks that have not been //3 (* returned to the city and provides forthe distributionof the cancelled amounts as required by law. Action Taken:Mr.Blackwell moved that the Consent Agenda be approved,seconded by Mr.Blessing,and passed unanimously. /oy3 5777 CITY COUNCIL MINUTES:2 October9, 2001 /0/3 Resolution -Grant Easement to PUD:A resolution was presented which grants an easement to the PUD along Lakeside Drive and D Street. The resolution authorizing the City Manager to grant an easement to Public Utility District No. 2 of Grant County was read by titleonly. Action Taken:Mr.Blackwell moved that the resolution be approved,seconded by Mr.Reese,and passed unanimously. CONSIDERATION OF BIDS /Q/y TANKER TRUCK The city received two bids for the 2,000 gallon tanker firetruck.The low bidder,DZ3 Inc., had two deviations to the specifications. Neitherthe Fire Department northe Equipment Rental Department have any concerns aboutthe deviations.Staff recommended that the deviations be waived and the bid be awarded to DZ3, Inc. Action Taken:Mr.Tracy moved that the irregularity be waived and the bid be awarded to DZ3,Inc. in the amount of $136,915.39,seconded by Mr.Blessing,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS jOfy ORDINANCE -JUNIPER DRIVE VACATION -WAIVE FEES -1st READING Grant Mental Healthcare requested that the city waive the fees in conjunction with the vacation of Juniper Drive. Joseph K.Gavinski,City Manager,stated that in order to waive the fees an amendment to the ordinance would be required. He mentioned that Grant County deeded a substantial amount of property to the city on Valley Road and Airway Drive at no cost to the city. The ordinance amending Ordinance No.2025which vacated a portionof Juniper Drive was read by titleonly. Action Taken:Mr.Blackwell movedthat the firstreading of the ordinance be adopted,seconded by Mr.Tracy, and passed unanimously. Insl/ORDINANCES -C-1.C-2.AND MANUFACTURED HOME PARKS ZONES -2ND READINGS/PUBLIC ''HEARING Ordinances were presented which delete manufactured home parksas aconditionaluse inthe C-2 Zone and incorporates languagewhichallowsresidential development within the commercial zones inareas whichdo not conflict with ground level commercial areas.In order to keep the language regarding specific uses consistent within both commercial zones,some changes have also been made to the C-1 zone.Also the >*-\ Manufactured Home Parks regulations were amended to delete that manufactured home parks are a '' permitted use inthe C-2 Zone. The ordinance amendingChapter18.28ofthe Moses Lake Municipal Code entitled "C-1,Central Business District Zone"was read by title only. The publichearing was opened.There were no comments. ActionTaken:Mr.Blackwell moved thatthe public hearing be closed,seconded by Dr.Covey, and passed unanimously. Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. The ordinance amending Chapter 18.32 oftheMosesLake Municipal Codeentitled "C-2,General Commercial and Business Zone"was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Blessing moved thatthe public hearing be closed, seconded by Mr.Porter,and passed unanimously. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted, seconded by Mr. Reese,and passed unanimously. The ordinance amendingChapter18.65of the Moses Lake Municipal Code entitled "Manufactured Home Parks"was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Porter moved that the public hearing be closed,seconded by Mr.Blessing,and passed f~\ unanimously. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. l\48 ORDINANCES AND RESOLUTIONS ORDINANCE -BASIN WATER SOURCES.INC.FRANCHISE -SINGLE READING Anordinancewas presented whichgrantsa franchiseto BasinWater Sources tooperate awaterdistribution system inthe city. The current franchise expired on September 21,2001. Joseph K.Gavinski,CityManager,explainedthat additional languagewas added tothe ordinancewithregard to repair and restoration issues. n u 5778 CITY COUNCIL MINUTES:3 October 9,2001 The ordinance granting to Basin Water Sources,Inc. the right and 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 a water distributionsystem within and through certain portionsofthe City of Moses Lake,Washington was read by title only. Action Taken:Mr.Blackwellmoved thatan emergency be declared andtheordinance be adopted on a single reading,seconded by Mr.Reese,and passed unanimously. RESOLUTION -PURCHASE FROM FEDERAL GOVERNMENT/GRADER A resolution was presented whichauthorizes the cityto purchase supplies, materials,and/orequipmentfrom or through the United States government without calling for bids. Joseph K.Gavinski,City Manager,statedthathethought thecity had previously adopted a resolution allowingthecitytopurchasefromthefederalgovernment,but thatresolution could not be located.Since purchasing from the federal government requires official approval bythe Council,the grader has not yet been ordered. Upon passage of this resolution, the staffwill place the order for the grader. The resolutionauthorizingthe CityofMoses Laketo purchase supplies, materials, and/or equipmentfromor through the United States government withoutcallingfor bids was read bytitleonly. Mr.Blessingstated that he has talked to contractors about graders since the last meeting. Hementionedthat itis unknown how many hours the grader would be used and suggested that itmay be more cost effective to rent a grader rather than purchase one. There was some discussion by the Council on the need for the passage of the resolution. ActionTaken:Mr.Tracy moved that the resolution be adopted,seconded by Mr.Blackwell,and passed unanimously. Mr.Blessing wanted to know how many hours per year the road grader is used. Gary G. Harer,Municipal Services Director,stated that the grader is used about 700 hours per year and explained what itis used for. Mr.Blessingstated that a contractor rents hisgrader out forabout $70 per hour. Mr.Harerstated that rentinga grader was discussed bystaff butthere are problemsindoingthat. Hepointed outthat a contractorgenerallyrents out the grader and operator at about $70 per hour. He mentionedthat usinga contractorcreates problems because ofdamage to curbs, manholes,etc.Another problem isthe availabilityof a graderwhen itwould be needed bythe city. I )There was considerable discussion bythe Councilon purchasing a gradervs renting a grader. Action Taken:Mr.Blessing moved thatthe previous authority given to city stafftopurchasea graderfrom the U. S.Government be rescinded,seconded by Mr.Tracy. Mr.Blessing stated that he would liketo lookat other options. Mr.Tracypointed outthattherewas noreportfrom staffonhowmuch itwould costtogetthe existing grader into shape. Mr.Blackwell feltthat the previous actionshould be rescinded and additional information provided about purchasing a grader. Mr.Reese felt thatthe city should haveitsown graderandthe city is getting a gooddealonthe graderthat was presented bystaff at the previous meeting. The motion failed with Mr.Blessing,Mr.Blackwell,and Mr.Tracy infavor. RESOLUTION -BUILD ON UNPLATTED PROPERTY -THORNTON //gfr -/J Aresolution was presented which allows Newt Thornton toerecta sign at 1110 W.Broadway onTax#1157. Gilbert Alvarado,Community Development Director,presented a drawing showing the location ofthe sign. The proposed sign meets the requirements ofthe sign ordinance. The resolution allowing Newt G.Thornton to build on unplatted property owned by Elliott G.Thornton Trust was read by title only. Action Taken:Mr.Blessing moved thatthe resolution be adopted,seconded by Dr.Covey,and passed unanimously. K^J REQUESTS TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION AGREEMENT WITH JOHNSTON &CULBERSON - L &I PROCESSES Authorization was requested forthe City Managerto sign an agreement with Johnston and Culberson tomanagethecity's workman's compensation claims andto provide losscontrol seriesand training programs. These services were previously provided as partofthe city'sindustrial insurance retro group.However,the retro group is disbanding for economic reasons. Joseph K.Gavinski,City Manager,statedthatJohnston and Culberson managethe city's claims and would represent the city beforethe DepartmentofLaborand Industries ifneeded. /D/7 /o?,up 5779 CITY COUNCIL MINUTES: 4 October 9, 2001 Ron Cone, Finance Director,pointedout thatthe cost of this contractis less thanwhat the citywas payingto the retro group. Action Taken:Mr.Tracy movedthat thefCity Manager be authorized to execute the agreementwith Johnston and Culberson,seconded by Mr.Porter, and passed unanimously. rOIQI'-:WHEELER ROAD/L NE INTERSECTION Two public hearings were held to explain the options for improving the intersection of Wheeler Road and L NE.Those people attending the public hearings were opposed to a roundabout and in favor of the left turn lane design.The Department ofTransportation has indicated that the funds approved forthe roundabout can be used for the left turn lanes. Gary G. Harer, Municipal Services Director,stated thatthe Department ofTransportation has notyet provided written confirmation that the funds approved for the roundabout can be used for the left turn lanes.Even though the people attending the meetings were opposed to the roundabouts,staff feels there are long term benefits to be gained from constructing the roundabout.The roundabout addresses all the issues at this intersection.However,the left turn lanes willhelp,even though there are a couple of disadvantages.One ofthe disadvantages is thatthere is heavy traffic on Wheeler and when traffic increases on Road L, a traffic lightwillprobably be needed.The other disadvantage is that the left turn lanes willwiden this intersection so the traffic on Road Lwilltravel a greater distance to cross Wheeler.Currently that is one of the problems causing traffic accidents at this intersection -vehicles do not make itthrough the intersection before getting hit by the traffic on Wheeler. There was some discussion by the Council. n m 115b Action Taken:Mr.Blessing moved that staff be directed to proceed with the leftturn lanes at the Wheeler Road and Road L intersection,seconded by Mr.Porter, and passed unanimously. CASCADE VALLEY WATER.INC -FRANCHISE The amended franchise grantingCascadeValleyWater, Inc.the right to constructand operate awater system inthe city'sright-of-way onValleyRoadwas passed on September 26,2000.The franchiserequireswritten acceptance from Cascade Valley Water,Inc.of the franchise. The city has not yet received this letter of acceptance.Staff is requesting direction fromthe Council on what to do about this situation. Joseph K.Gavinski, City Manager, explained that the city has contacted Cascade Valley Water, Inc. about this situation and been informed that a letterwould be forthcoming, but the city has received nothing to date. There was some discussion by the Council and the City Manager was directed to again contact Cascade Valley Water, Inc.with a deadline to receive their acceptance. jQQcf CLAIM -PRICE ^-\ Meriel Pricesubmitted a claim for damages to the cityinthe amount of $53.90, which was the cost of having her irrigation system tested underthe city'sback flowprevention program.The city has suspended the testing requirement pending furtherreviewofthe program. Ms. Pricehad her system tested prior to receiving a letter from the city informingher of the city's suspension of the program. The insurance company has denied the claim. Joseph K.Gavinski, City Manager,explained that the cityhad suspended its program of requiringresidentialpropertyownerstotesttheirbackflowdevicesandsentnoticesthatthetestingwouldnolongerberequired.However,some property owners had already had the testing done prior to receiving the letter from the city saying itwas no longer necessary at this time. He mentioned that the city may be receiving other requests for reimbursement for backflow testing already performed.He informed the Council thatthecity had received a claim for the same reasons from Ralph Seibel,which was also denied by the insurance company.Mr. Seibel did not pursue the claim before the Council. He requested direction from the Council on whether or not to pay this claim and any subsequent claims. Action Taken:Dr.Covey moved that the claim from Meriel Price be paid,seconded by Mr.Reese. There was some discussion by the Council on the back flow prevention program. Action Taken:Dr.Covey moved that the motion be amended to pay the claim of Ralph Seibel,seconded by Mr.Blackwell,and passed unanimously. The amended motion passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS SNOW REMOVAL Mr.Beeson wanted to know why the snow is plowed to the side ofthe streets rather than to the middle. By plowing to the side, peoplecannotwalkon the sidewalks.f) Joseph K.Gavinski,City Manager,stated that people are unhappy no matterwhich waythe snow is plowed - to the center or the side.He pointed outthat ifthe state plows the snow to the center it is the responsibility of the city to remove itwithin 48 hours.It is a no win situation for the city. COUNCIL QUESTIONS AND COMMENTS MEMORIAL -SEPTEMBER 11.2001 Mr.Blessing reported that he had received a requestfrom a citizen concerning a remembrance ofthe terrorist attackon theWorld Trade Center and the Pentagon on September11,2001.The proposed location is at Five Corners. Itwas the consensus of the Council that the proposal should be formally presented to the Council. 5780 CITY COUNCIL MINUTES:5 October 9,2001 COUNCIL MEETINGS Mr.Blackwell reported that he had talked to the high school about taping the CityCouncil meetings and they would be glad to do it.He also checked withthe manager of Northland Cable and they see no problems with televising the meetings at this time. /OO*} CITY MANAGER REPORTS AND COMMENTS BUILDING ACTIVITY REPORT /O^C Joseph K.Gavinski,City Manager, distributed the September building activity report. SALES TAX/TRANSIENT RENTAL INCOME The city received3416,065.91 in sales taxand$40,745.08 in transientrentalincomeonSeptember 28,2001. QUARTERLY FINANCIAL REPORTS _y/j?/- Joseph K.Gavinski,City Manager, distributedthe thirdquarter financial reports. BUDGET Joseph K.Gavinski,City Manager, suggested October 29 and 30, 2001 as the dates for budget study sessions.He pointedout that the propertytax levyforthisyear has been proposed at the IPD -Implicit Price Deflater - of 1.89%,which is less than last year. He mentioned that ifI-722 is successful,the amount would have to be adjusted. WEED CONTROL Gilbert Alvarado,Community Development Director,distributed a report concerning the weeds along Wanapum Drive.This area is partofthe construction beingdone bythe Department ofTransportation on the new interchange.This area will be taken careof bythe DepartmentofTransportation and will be fertilized and seeded for soil stabilization and weed control. The regular meeting was recessed at 9:10 p.m. and the Council met inan executive session to discuss real estate transactions.The executive session was adjourned at 9:45 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:45 ATTEST:Mayor (Ffnance Directot