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2001 11 13MOSES LAKE CITY COUNCIL November 13,2001 5785 Council Present:Richard Pearce,Ron Covey,Chris Blessing,LarryTracy,Tom Porter, Brent Reese,and Lee Blackwell MINUTES: Mr.Porter moved that the minutes of the October 23 meeting be approved as submitted, seconded by Mr.Blessing,and passed unanimously. Mr.Blackwell moved that the minutes of the November 6 special meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ()Action Taken:Dr.Coveymovedthatthe bills,checks, and prepaid claimsissued be approved,seconded by v-y Mr.Porter,and passed unanimously. 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 City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said list forthe Council meeting of November 13,2001 forthe funds listedbelow areapproved inthe amountof $827,863.24. GENERAL FUND $113,404.70 AIRPORT 163.34 STREET 23,705.04 AMBULANCE SERVICE FUND 2,401.47 STREET REPAIR/RECON STREET IMPROVEMENT PARK&REC IMPROVEMENT WATER/SEWER W/S CONSTRUCTION SANITATION FUND PrepaidClaims: Prepaidclaims approved bythe CityManageraccordingtothe processestablished by Moses Lake Municipal Code 3.42.030 and the internalcontrol policyapproved bythe CityCouncil has been recorded on a listingwhich has been made available to the City Council.The claims listed below are approved in the amount of $812,467.33 for all funds. GENERAL FUND $3,202.00 BUILDING MAINTENANCE 808,668.57 CENTRAL SERVICES 596.76 TOTAL $812,467.33 Prepaid Claims:Prepaid claims approved bytheCity Manager according tothe process established byMoses Lake Municipal Code 3.42.030andthe internal control policy approvedbythe CityCouncil has been recorded i i on a listingwhich has been made available to the CityCouncil.The claims listed below are approved inthe ^-^amount of $458,615.82 for all funds. GENERAL FUND $600.25 AIRPORT 30.00 STREET 61.21 CENTRAL SERVICES 182.52 CAPITAL 272,675.08 EQUIPMENT RENTAL 184,378.40 WATER/SEWER 383.53 BUILDING MAINTENANCE 304.84 TOTAL $458,615.82 ClaimChecks:Checks 11766 through 11993 issued on October 24, 2001 through November 9, 2001 were approved for payment at the Council meeting held on November 13,2001 in the total amount of $2,132,580.11. Payroll:The payroll issuedon October 26,2001 having beenapproved pursuant tothe rule oftheCity Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 22978 through 23156 in the total amount of $57,800.45. Payroll:The payroll issuedonOctober 31,2001 having been approved pursuant tothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 23157 through 23163 inthe total amount of $1,152.52. EMPLOYEE PRESENTATIONS -None CONSENT AGENDA Planning Commission Appointment: With the concurrence of the Council,Yvonne Parkerwas appointed to /OOA the Planning Commission to fill the vacancy left by Howard Wagner. Resolution -Accept Donation -Moses Lake Wal-Mart:Aresolution was presented which accepts $400 from J0Z/U the Moses Lake Wal-Mart.The funds willbe used for the Special Olympics Program. U Resolution -AcceptWater Main Improvements -Northwest Mobile Home SuppIv Short Plat:Aresolution was //£q presented which accepts thewater main improvements installed as part oftheNorthwest Mobile Home Supply Short Plat. 163,749.48 UNEMPL COMP INSURANCE 5,095.44 16,341.38 SELF-INSURANCE 3,784.74 10,000.00 CENTRAL SERVICES 25,139.49 60,629.26 EQUIPMENT RENTAL 43,196.48 263,281.27 BUILDING MAINTENANCE 22,529.79 73,746.32 MOSES LAKE YOUTH PTF 695.04 TOTAL $827,863.24 Resolution -Accept Loan -Larson/Sand Dunes Wastewater Treatment Plants:Aresolution was presented //v%Yy which acceptsa$1 million loan from the PublicWorksTrustFund for upgrades tothe Larson andSand Dunes Wastewater Treatment Plants. Resolution -Set Public Hearing Date -Pine Drive &Northshore Drive Vacation:A resolution was presented /of 7 which sets December 11,2001 as the date for a public hearingto consider the vacationof a portion of Pine Drive and Northshore Drive. ActionTaken:Mr.Reese moved thatthe Consent Agenda be approved,seconded by Mr.Porter,and passed unanimously. 5786 CITY COUNCIL MINUTES: 2 November 13, 2001 C7 Resolution - Accept Grant -Transportation Study:A resolution was presentedwhichaccepts a grant from Quadco for a city-wide transportation study for future road improvements. Gary Harer, Municipal Services Director,explained the process of applying forthis grant. Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. /O/O-/)Resolution -Interfund Loan:A resolution was presented which provides for an interfund loan from the Water/Sewer Construction Fund to the Building Maintenance Fund. Mr.Blessing wanted to know the repayment schedule for this interfund loan. Ron Cone,Finance Director,stated that since no repayment schedule was established,the loan is to be repaid in one year. Action Taken:Mr.Porter moved that the resolution be adopted,seconded by Mr.Blackwell, and passed unanimously. CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS REQUEST TO USE SINKIUSE SQUARE ////The Moses Lake Business Association has requested permission to place a small carnival and have a marshmallow roast in Sinkiuse Square in conjunction with the Annual Agricultural Appreciation Christmas Parade. The carnivalis requesting to set up on Thursday morning,November 29, and runthrough Saturdayevening,December 1.This would require theclosure ofSinkiuse Square for thethree days.The marshmal lowroastwouldtake place on Friday evening. An additionalevent proposed is an ice sculpture contest.The artistswouldwork Friday evening andSaturdayin front ofvariousbusinesses.Thiswould require permission to use the sidewalks. ActionTaken:Dr.Covey moved that permissionbe granted for the use of Sinkiuse Square on November 28 through December 1 for a smallcarnival,a marshmallow roaston November 30, and use of the sidewalks on Friday evening, November 30, and Saturday,December 1 for an ice sculpturecontest,seconded by Mr. Reese,and passed unanimously. jq/0 ORDINANCE -ADOPT 2002 BUDGET -1st READING An ordinance was presented which establishes the budget for the year 2002. Steve Shinn, 426 N.Crestview Drive,requested a study session withthe Council to review the budget some *s> time after Thanksgiving.'' There was some discussion butwiththe holidaysand other issues itwas difficult to set a study session prior to the next Council meeting. The ordinanceadoptingthe budget forthe Cityof Moses Lake,Washington forthe yearof 2002was readby title only. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be accepted and the second reading and a public hearing be set for November 27,seconded by Mr.Porter. There was some discussion by the Council. The motion passed unanimously. ORDINANCE-VACATE LAKESIDE DRIVE -1st READING/PUBLIC HEARING n lotf An ordinance was presented which would vacate the portion of Lakeside Drive dedicated on the Hughes Replat No. 1. GilbertAlvarado,Community Development Director,stated that the PUDand Northland Cable have services withinthis right-of-wayand an easementwill have to be retained forthose utilities.He mentioned that ingress from Peninsula Drive is via a dedicated access easement.' There was some discussion by the Council on the location of the utilitiesand the access. The public hearing was opened. Joe Wiberg, D & L Foundry, pointed out that there is an access easement from Peninsula Drive which connects with the dedicated portionof Lakeside Drive. If Lakeside Driveis vacated,there is no provision for accessto Lot 1ofthe Hughes Replat No.1,which isowned bythe Molitors.There isa fence around Lot 1,f) a portion of the dedicated portion of Lakeside Drive,and a portion of BatteryOrchardTract 40, which the Molitors own. Hehas no objections to the vacation of Lakeside Driveand the deeding ofthe entire 60'infront of each lotto the adjacent propertyowner. Itwas his contention that since the Molitors own the propertynorth of Lakeside Drive,they can provide their own access to Lot 1 of Hughes Replat No.1. Mitch Molitor,4101 Peninsula Drive,ownerof Lot 1,Hughes Replat No. 1,stated that they boughtthe property three years ago. He pointed out that the Hughes Replat No. 1 was platted in 1962 and at that time Lakeside Drive was dedicated.In 2000 the Council directed staffto vacate the portion ofLakeside Drive in front of the Hughes Replat No. 1. At the time of plattingit was the intention that 30' of the Lakeside Driveright-of-way would be given back to BOT 40 and the other 30' given to the Hughes Replat No.1.That is typical of vacations of street right-of-way.The fence,which has been in place for40 years,is located on the centerline of Lakeside Drive,which he felt showed the intent of dividing Lakeside Drivedown the centerifit should ever bevacated.That fence has recently been removed atthe request of thecity,since itactually wason cityright- of-way.Hefelt that Lakeside Dive should be split evenlywith 30'going to BOT 40and30'going to Lots 1and 2 of Hughes Replat No. 1. 5787 CITY COUNCIL MINUTES:3 November 13,2001 Marilyn Molitor,4101 Peninsula Drive,was concerned about access to their property and felt that the logical way to solve the problem is to give back 30' of Lakeside Drive to each property owner. Pat Molitor pointed out that this situation has existed for 40 years and it is unfortunate that it has caused problems between neighbors at this time. He requested the Council rectify the situation. Jack Leftwich, D &L Foundry,stated he lives in the house on Lot 2. He pointed out that the problem is that because of the fence,delivery trucks,school buses,and the like,cannot use the right-of-way to turn around. They back up to within 3' of the front door of his house.He requested the Molitors to move the fence to the edge of the right-of-way in order to rectify the problem but they objected to that so he parked a truck in the way. ()Action Taken:Dr.Coveymovedthat the public hearing be closed,seconded by Mr.Blessing,and passed v-^unanimously. There was considerable discussion by the Council and the property owners were questioned on whether or not they could work out an agreement.It was felt by the property owners that they could not agree on a solution and they requested the Council to address the issue. MikeWyman,ActingCityAttorney,recommended that inconsiderationof thepublic interest,thecitymay want to retain a 20' strip of land from the existing easementto the lotline between Lots 1 &2 of Hughes Replat No. 1 in order to avoid possibly a landlocked Lot 1 in the future. Therewas additional discussion bythe Council and itwas pointed out thatthe citycannotdeed backthe right- of-wayusing the centerline of Lakeside Drive.Thefull 60' ofright-of-wayhas to be deeded back tothe owners of Lots 1 and 2,Hughes Replat No.1. The ordinance vacating a portion of Lakeside Drive was read by title only. ActionTaken:Mr.Blessing moved that the firstreading ofthe ordinance be accepted withthe stipulationthat access easements be provided to Lots 1 and 2,and an easement be retained for the existing utilities, seconded by Mr.Porter,and passed unanimously. ZONING ORDINANCE -R-2 ZONE SETBACKS Ray Pittser, 623 S. Burress, has requested the setbacks within the R-2 Zone be changed. He wishes to construct a detached building whichwould encroach 4' intothe required 9'side yard setback. GilbertAlvarado, Community Development Director,explained that Mr.Pittserwishes to have the setbacks changed so that hecan constructa building within 4'ofhisside lotline.Achange tothe setbackswould affect all R-2 zoned property. .j Action Taken:Dr.Covey moved that the request toamend the zoning regulations be denied,seconded by \'Mr.Reese,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -JUNIPER DRIVEVACATION - WAIVE FEES -2ND READING Grant Mental Healthcare requested that the city waivethe fees in conjunction with the vacationof Juniper Drive. Theordinance amending Ordinance No.2025which vacateda portion ofJuniperDrive wasreadbytitle only. Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Dr. Covey, and passed unanimously. ORDINANCES -PROPERTY TAXES/TAX LEVY -2NP READINGS Ordinances were presented which would fix the estimated amount tobe received by the City ofMoses Lake from property taxes and sets the levyrate. Theordinance fixing theamount tobereceived for municipal purposes from taxations onassessed valuationsonpropertywithintheCityofMosesLake,Washington for 2002 was read by title only. Action Taken:Dr.Covey moved thatthe second reading ofthe ordinance be adopted,seconded by Mr. Blackwell,and passed unanimously. The ordinance fixing theestimated amount tobereceived for municipal purposes from taxations on assessedvaluationsonpropertywithintheCityofMosesLake,Washington for 2002 was read by title only. Action Taken:Mr.Porter moved that the second reading of the ordinancebe adopted, seconded by Dr. Covey,and passed unanimously. ORDINANCE -STREET NAME CHANGES -2ND READING An ordinance was presented which changes the names of streets connected with the new I-90 interchange at West Broadway and also makes some housekeeping changes. The ordinance amending Chapter 12.32 of the Moses Lake Municipal Code entitled "Addresses and Street Names"was read by title only. Action Taken:Mr.Porter moved that the second reading ofthe ordinance be adopted,seconded by Mr. Reese,and passed unanimously. RESOLUTION -BANKING AND RESERVING LEVY CAPACITY Aresolution was presented which would project the city's taxing capacity in the event it becomes necessary in the future. <J los-y ion /0/0-& )/(s/ /o/d -£> //p 5788 CITY COUNCIL MINUTES:4 November 13,2001 Joseph K.Gavinski, CityManager, explained the reasons forprotectingthe difference between the citycould have levied at its maximum allowable6% propertytax increase and the amount ithas actuallylevied. The resolution"banking"and reserving the city's levy capacity was read by titleonly. Action Taken:Mr.Porter moved that the resolution be adopted,seconded by Mr.Blessing, and passed unanimously. h-/\RESOLUTION -BUILD ON UNPLATTED PROPERTY -D&LFOUNDRY A resolution was presented whichwould allow D&L Foundry to construct a private riding arena at 12970 Road 3 NE,Tax #11198.This property is located in a Heavy Industrial Zone. Gilbert Alvarado,Community Development Director,requested direction from the Council onwhether ornot to includethe requirement for infrastructure improvements, curb,gutter,and sidewalk, inthis resolution. Aftersome discussion the Council determined that a covenant for future infrastructure improvementswould not be required at this time. The resolution allowing D&L Foundry,Inc.to build on unplatted property was readbytitleonly. Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Tracy, and passed unanimously. REQUESTS TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS IQSf ANNEXATION -DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY The Departmentof Transportation has submitted a Notice of Intent to Commence AnnexationProceedings with regard toitsrights-of-way within the city's limits thathavenotpreviously beenattachedtothe annexation of adjacent property.The Planning Commission recommended thatthe Notice of Intentbe accepted. Joseph K.Gavinski,City Manager,pointed out that since the property in question is right-of-way,neitherzoningnorexistingindebtednessisanissue.He mentioned that iftheCouncil approves theannexation,that portion of PioneerWay within the city's boundariesthat has not yet been annexed will also be included. Action Taken:Mr.Blackwell moved that the Notice of Intent be accepted,the portion of Pioneer Way not alreadyannexed be included,and staff be directed to draftthe Petition forAnnexation,seconded by Mr. Reese,and passed unanimously. 11^ OTHER ITEMS FOR COUNCIL CONSIDERATION FIRE DISTRICT #5 -MUTUAL AND AUTOMATIC AID RESPONSE Anagreementbetweenthe cityand Fire District #5 hasbeen negotiated subsequent tothe arbitration hearing on the asset redistribution issue.Ratification of the City Manager's execution of this agreement was requested. Action Taken:Dr.Covey moved that the City Manager's execution of the agreement be ratified,seconded by Mr.Porter, and passed unanimously. CITY HALL Joseph K.Gavinski,City Manager,stated that the Council hastentatively agreed on a design forthe newcityhallbutaquestionaroseovertheplacementofthebuildingontheproperty.Parking wasconsidered in both the front and rear of the proposed building. GilbertAlvarado,Community Development Director,distributed a map showing the parkinglayouts that have been discussed.He pointed out that there are existing water and sewer lines directlybehind the proposed building location.There isalso 134 parkingspaces located along FourthAvenue.He pointedoutthat the new parking areas behind the proposed city halland the police buildingcorrect the existing parking deficiencies but do not provide for any parking in front of the new city hall. Dr.Covey suggested that if the smaller building is constructed,it should be built in such a way that an expansion can be added on in the future. Mr.Tracy requested information on where the existing water and sewer lines and other facilities are located and the cost of moving those utilities. Mr.Pearce also felt that an expansion in the future should be provided for when the new building is constructed. Staff was directed to provide information on the existing utilities. SINKIUSE SQUARE IMPROVEMENT PROJECT The city applied for funding from the county's Strategic Infrastructure Program Committee for improvementstoSinkiuseSquare.The Committee recommended that the improvements notbe funded becauseofa lack of information concerning the proposed private participation. Direction from Council was requested on whether or not the city should resubmit this application to the Committee with refinements. Joseph K. Gavinski, City Manager,stated that the city has two options at this time with regard to the improvements to Sinkiuse Square -leave itforthe present time or go back and add additional information to the private participation part, which the Committee felt was a weakness in the city's application. There wassome discussion bythe Counciland itwasthe consensusthat staffshould resubmit the application with additional information. Olf )l n n n S789 CITY COUNCIL MINUTES: 5 November 13, 2001 CLOVER WATER/SEWER REIMBURSEMENT New water and sewer mains were installed to service the adjoining property owners in the realigned portion ''^^ ofClover Drive.Staff recommended that reimbursement not be set up forthese newwaterand sewer mains since these properties could have connected to the existing water and sewer mains if the realignment of Clover Drive had not taken place.The property owners paid for the pre-existing water and sewer mains through LID#46.Council direction was requested on whetheror not a reimbursementscheduled should be established for the water and sewer mains installed in the realigned portion of Clover Drive. Gary Harer, Municipal Services Director,stated that a new water line and a short section of sewer line was included along the realigned portionof Clover Drive.Sincethe property owners had previously been provided with and paid for waterand sewerservice,staffwas uncertain whetheror notreimbursement ofthe newwater M and sewer mains should be required. Itwas the consensus of the Council that the property owners along the realigned Clover Drive should not be required to reimburse the city forthe new water and sewer lines. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS COMPLAINT -THOMASON ^o. Mr.Peace statedthata letter had been received from Mr.Thomasonconcerning the problemsassociated with activities at the CCD Center and requesting the city to address the issue. Joseph K.Gavinski, City Manager, explained that the Police Department has responded to complaints from this area. After some discussion it was the consensus of the Council that the city had responded in an appropriate manner and that a letter should be sentto Mr.Thomason to that effect. u AGCCT MEETING Mr.Pearce stated that a special AGCCT meeting was held on Monday,November 12,and itwas determined to request the CountyCommissioners reconvene the Committee on the County-Wide Planning Policies. /«/ CITY MANAGER REPORTS AND COMMENTS AMBULANCE REPORT Joseph K.Gavinski,City Manager,distributed the October report on the ambulance service. Ron Cone,Finance Director,explained the reports to the Council. BUILDING ACTIVITY REPORT Joseph K.Gavinski,City Manager,distributed the building activity report for October2001. BUILDING OFFICIAL Joseph K.Gavinski,City Manager,reported that the city had received noresponsestothe advertisements for a Building Official thathada Building Official certification.Thecity is re-advertising for the position butthis will require the continued use of contract personnel todothe building inspections.An adjustment tothe Community Development Department budget will be necessary tocover thecostofthe contract personnel. INVESTMENT REPORT Joseph K.Gavinski,City Manager,reported that the city received $50,838.44 in investment income for October 2001. SALES TAX/TRANSIENT RENTAL INCOME //3^/ )O30 /? /Q90 /D03 /,.:>'/S* Thecity received $280,917.70 from sales tax income and $40,327.30 in transient rental income for themonth /-r/ of October 2001. SOLID WASTE ADVISORY COMMITTEE -NEW MEMBERS Joseph K.Gavinski,City Manager,stated that the Solid Waste Advisory Committee is looking torecruit somenewcommitteemembersandwouldappreciateanyrecommendationstheCouncilorstaffcouldprovideto fill the three vacant seats. /oU SOLID WASTE RATES ^^Joseph K.Gavinski,City Manager,stated that the county has increased the solid waste disposal rates at the Ephrata Landfill and drop box sites.Therates will beeffective December 31,2001. HOSPITAL AGREEMENT Joseph K.Gavinski,City Manager,stated that the Hospital Board has approved the inter-local agreement between thecity and the hospital district.The Hospital Board would also like to discuss the issue of patient transfers. The regular meeting was adjourned at 10:25 p.m. ATTEST:Mayor •inance Director /fl^t^L. 3?