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2001.02.13_000015697MOSESLAKECITYCOUNCILFebruary13,2001 CouncilPresent:Richard Pearce,Chris Blessing,Larry Tracy,Tom Porter,Ron Covey,Lee Blackwell,andBrentReese MINUTES:Mr.Blackwell movedthatthe minutes of theJanuary 23 meetingbe approved,seconded by Dr.Covey,and passed unanimously. APPROVAL OF BILLS,CHECKS,AND PREPAID CLAIMS Action Taken:Mr.Porter movedthatthe bills,checks,and prepaid claims issued be approved,secondedbyMr.Reese,and passed unanimously. Vouchers audited and certified by theFinance Director as requiredby RCW42.24.080,and those expensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,have been recorded ona listingwhich hasbeenmadeavailabletotheCityCouncil. Claims:The vouchers included on thebelow listas modified by the Council and notedupon saidlist for theCouncilmeetingofFebruary13,2001 forthefunds listed below are approved intheamountof$364,307.69. GENERAL FUND $66,508.32 SANITATIONFUND 93,375.05STREET2,177.20 AIRPORT 5,271.00GOB1993REDEMPTION42,316.89 UNEMPLCOMP INSURANCE 7,432.51CENTRALDRIVELID#58 411.98 SELF-INSURANCE 1,794.451998REFUNDINGGOB11,103.75 CENTRAL SERVICES 7,871 79STREETIMPROVEMENT3,875.00 .EQUIPMENT RENTAL 9,985.47WATERISEWER27,092.19 BUILDINGMAINTENANCE 19,175.811992BONDFUND127.05 MRKPARK TRUST 2,7700.001994BONDFUND4,355.00 M.L.YOUTH PTF 1,850.47W/S CONSTRUCTION 36,883.76 TOTAL $364,307.69 Prepaid Claims:Prepaid claims approved by the City Manager according to theprocess established byMosesLakeMunicipalCode3.42.030 and the internal control policyapproved bythe CityCouncil has beenrecordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.The claims listed below are ap-proved inthe amount of $1,531.76for allfunds. GENERAL FUND $1,531.78 Prepaid Claims:Prepaid claimsapproved by the City Manager according tothe process established byMosesLakeMunicipalCode3.42.030 and the internal controlpolicy approved by the City Council has beenrecordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.The claims listed below are ap-proved in the amount of $12,317.18for allfunds. GENERAL FUND $11,768.45 DEPOSIT 542.46WATER/SEWER 6..27 TOTAL $12,317.18 Claimchecks:Checks 8102 through8254issued on January 24,2001 throughFebruary 6,2001 were ap-proved for paymentat theCouncilmeetingheld on February 13,2001 in the totalamountof $662,635.40. Pavroll:The payroll issued on January 31,2001 having been approved pursuant to the rule of the CityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 18688 through18694 inthetotalamountof$1,152.52. Pavroll:The payroll issued on February 2,2001 having been approved pursuant to the rule of the CityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 18695 through18856 inthetotalamountof$48,491.52. BOY SCOUTS The visiting BoyScouts from Troop 55 were introduced. II.EMPLOYEEPRESENTATIONS -None Ill.CONSENT AGENDA Parks and Recreation Commission -Appointment:Marc Alvarez was appointed to the Parks andRecreationCommission. Resolution -Grant Easement -PUD:A resolution was presented which grants an easement tothe PUD toconstruct,patrol,and maintainanchors and guywires on Randolph Road. Resolution -Petty Cash:A resolution was presented which increases theFamily Aquatic Center Petty Cashto$200 and formally establishes the Paul Lauzier AthleticComplex Concession petty cash fund. ActionTaken:Dr.Covey moved thattheConsent Agenda be approved,seconded by Mr.Tracy,and passedunanimously. IV.CONSIDERATION OF BIDS -None 5998 CITY COUNCIL MINUTES:2 February 13,2001 V.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS LAKESIDE DISPOSAL -GARBAGE SERVICES A letter was read from Lakeside Disposal whichoutlined different optionsto improve solidwaste disposal and recycling servicesfor the city. Joseph K.Gavinski,City Manager,pointed out thatthe city has been discussing garbage rates and itwill be a subject for discussion at the next retreat OBobBernd,Lakeside Disposal,stated that they are willingto improve theirservice tothe city. There was some discussion about the rate structure and the possibility of including a recycling program. POPLAR SANDS FIRE ACCESS -VARIANCE Mr.Tracy declared an appearance of fairness issue and exited the room. Phil Bloom,ColumbiaNorthwest Engineering,on behalf of the Poplar Sands development,requested a variance totherequirement for a 20'wide access into thePoplar Sands Development.The existingaccess has two lanes with a planter in the center.The lanes are approximately16'wide with a curb along the outside.To comply with the ordinance requirement the curbs and mature landscaping will have to be removed.The Fire Marshal iswillingto approve the reduced widthifthe lanes are stripedforfire lanes and parking is prohibited. Joseph K.Gavinski,City Manager,stated that thereis no variance procedure intheordinance.Inorder to allow a variance as requested,the ordinance needs to be amended or a variance procedure needs to be included in theordinance. Mr.Bloom stated that either a variance procedure intheordinanceor authorizing the Fire Marshal toallow such adeviation fromthe requirements would be acceptable.He pointed outthat theroad is a one wayroad with no parking allowed and so thereis adequate width for fire apparatus. There was some discussion by the Council and staff was directed to amend the ordinance to allowfor a variance of the requirements. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -PACWEST ANNEXATION-SINGLE READING An ordinance was presented which amends Ord.#1812 and annexes the property commonly known as PacWest.This annexation encompasses propertyfrom Patton Boulevard east to the section line,north of Highway 17 to Harris Road,includes Highway 17 from Patton Boulevard to Desert Oasis,and excludes Gateway Estates. Jim Whitaker,City Attorney,explainedthebackground oftheannexation of thisproperty. The ordinanceamending Ordinance #1812,annexing certain property totheCity of Moses Lake,Washing- ton,commonlyknown as PacWest,incorporating the same withinthe corporate limitsofthe City of Moses Lake,and whichprovides for the assumption of existing indebtedness was read by titleonly. Action Taken:Dr.Covey movedthat an emergency be declared and the ordinance be adopted ona single reading,seconded by Mr.Porter,and passed unanimously. VII.REQUESTSTO CALLFOR BIOS STREET SWEEPER Staff requested authorization tocallfor bids for a new street sweeper. Action Taken:Mr.Blackwell moved that staff be authorizedto call for bids,seconded by Mr.Reese,and passed unanimously. 2001 STREET CONSTRUCTION PROJECT Staff requested authorizationto call for bids for the 2001 Street Construction Project. GaryHarer,Municipal Services Director,explained thatthere is a gapintheimpfovement ofLakeside Drive from approximately Columbia Street to Ivy Street.There is not sufficientrighteof-wayin thisarea on the south and the property owner isunwillingtoprovide additional right-of-way atthis time.The property owner plans to develop his property in thefuture and at thattimehe willbe required to improve thestreet Staff has explainedalltheaspects of this projecttothe propertyowner. There was some discussion by the Council on this project. Action Taken:Mr.Blackwellmoved that staff be authorized to call for bids for the2001 Street Construction Project,seconded by Mr.Porter,and passed unanimously. CITYCOUNCIL MINUTES:3 February 13,2001 VilL REFERRALS FROM COMMISSIONS CASCADEPARK-REQUESTTOUSE Northwest Water Competition requested the use of Cascade Park for outboard boat races to be held onSeptember22-23,2001.The Parks and Recreation Commissionrecommended thatthe request beapproved. Scott Ramsden,622 N.Crestview,stated thathe lives above Cascade Park,and objectstotheboat racesObecauseofthenoise,which is above thedecibel level allowed by ordinance.Healso did not see the benefittothecitysincetherearefewspectatorsattheseevents Roy Mackey,Northwest Water Competition,stated that they are an affiliateof the American OutboardFederationwithisanationalassociationforoutboardracing.They are requesting the use of Cascade ParkonSeptember22and23fortheUSShortCourseNationals,whichis one of only two races held by theAmericanOutboardFederation.Cascade Park is an excellent site for thisrace whichwillinclude about 80driversandtheirfamilies.Considerableadvertisementwas given to Moses Lake and what it has to offerintheinformationthatwassentoutaswellasontheAmericanOutboardFederation's website.The hoursoftheracesarebetween10a.m.and 5 p.m.The races are set up so that the noise is not constant. Jerry Thaut,Parks and Recreation Director,stated thatthere are threeraces scheduled for Cascade Park-one in August,one in September,and one in October. ActionTaken:Mr.Blackwell moved thatthe request be approved provided therequirementsestablished bytheParksandRecreationCommissionaremet,seconded by Mr.Tracy,and passed unanimously. KIRSCHNER SHORT PLAT-VARIANCE Fred Skinner,Western Pacific Engineering,has submitted a preliminary platfora one lot shortplat locatedonthecornerofThirdAvenueandIvyStreetandhasrequestedavariancetotherequirementtoextendsewerthroughthenorthwestboundaryandwestboundaryoftheproposedplat.The Planning Commissionrecommendedthatthevariancerequestbeapproved. Action Taken:Mr.Porter moved thatthevariance tothe requirementtoextendsewer throughthe northwestboundaryandwestboundaryoftheproposedKirschnerShortPlatbeapproved,seconded by Mr.Tracy,and passed unanimously. PENINSULA SCHOOL PRELIMINARYPLATIVARIANCE Fred Skinner,Western Pacific Engineering,has submitted a preliminary platfor a one lot major plat.TheareaiszonedPublic.A variance is being requested to the requirement to install sewer on Burress sincethereisanexistingsewerlinetoservethisarea.The Planning Commissionrecommended that thepreliminaryplatandvariancebeapproved.Also attached for Council approval are thefindings offact Mr.Skinnerstated thatthere isalso a need for a variance todelete therequirement forconstructionsplansforseweronBurressiftheCouncilapprovesthevariancetotherequirementtoinstallseweronBurress. Action Taken:Mr.Porter moved that the preliminary plat be approved,thefindings offact be accepted,andthecommentsoftheCityEngineerbeaddressed,seconded by Mr.Blackwell,and passed unanimously. ActionTaken:Mr.Porter movedthata variance be granted totherequirement todesign and construct seweronBuress,seconded by Mr.Tracy,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION CLOVER DRIVEVACATION Mr.Blessing declared an appearance of fairness issue and exited the room. Staff is beginning the process of vacating that portion of Clover Drive between SR-17 and the newlyimprovedCloverDrive.According tostate law the Council can charge theabutting property owners one halftheappraisedvalue.The abutting property owners,Mr.Dressand Mr.Hobbs,have requested thatthey notbechargedtheonehalfassessedvaluesinceMr.Hobbs deeded right-of-wayfor the new Clover DrivealignmentandMr.Dress gave up an access point onto Highway 17 for Yonezawa Boulevard. Action Taken:Dr.Covey movedthatMr.Hobbsand Mr.Dress not be charged for one half the appraisedvalueofthatportionofCloverDrivebeingvacated,seconded by Mr.Blackwell,and passed unanimously. REQUEST FORCITYWATER -GALLAWAY Mikeand Barbara Gallaway,2645 Westshore Drive,have requested permission toconnectto the citywatermainbeingconstructedonWestshoreDrive. Action Taken:Dr.Covey moved thatthe request toconnect tocity water be granted with thestipulationthatanExtraTerritorialUtilityAgreementberequired,seconded by Mr.Reese,and passed unanimously. £7006060 CITY COUNCIL MINUTES:4 February 13,2001 SAMARITANHOSPITAL -AMBULANCESERVICE A proposed Memorandum ofUnderstandingbetween the cityand the hospital district was presented.This document is for the purpose of reviewing the provision of ambulance service by a jointcommittee.The Council can name up to 3 members and the District willappoint 2 board members as its representatives. City and Districtstaff willassist thiscommittee. Action Taken:Mr.Tracy moved that the City Manager be authorizedtosignthe Memorandum of Under- standing,seconded by Mr.Blessing,and passed unanimously. Mr.Tracy,Mr.Blessing,and Dr.Covey were appointed to the Committee. X.PUBLICQUESTIONSAND COMMENTS -None XI.COUNCIL QUESTIONS ANDCOMMENTS COUNCILCOMPENSATION Mr.Blackwell requested staff to prepare an ordinanceto increase pay for the Counciland Mayor.He also requested the ordinance include a provision to increase the compensation by the cost of livingrate. XIL CITY MANAGER REPORTS ANDCOMMENTS BUILDINGACTIVITY REPORT Joseph K.Gavinski,CityManager,distributedthe January 2001 BuildingActivityReport INVESTMENT REPORT Joseph K.Gavinski,City Manager,reported thatthe city received $87,405.82in investment income for January 31,2001. SALES TAX/TRANSIENT RENTAL INCOME REPORT Joseph K.Gavinski,City Manager,reported thatthe cityreceived $262,736.00in sales taxand $16,355.18 intransient rental income for January 2001. TOUR OF CITYHALL Joseph K.Gavinski,City Manager,invited the Council to take a tourof City Halt The tourwas set for March 9 at 8 a.m. The regular meeting was recessed at 8:40 p.m.and the Council met in an executive session to discuss litigation.The executivesession was adjourned at 9:30 p.m.andthe regular meetingwas reconvened.The regular rneetingwas adjourned at 9:30 p.m. ATTEST:Mayor WinaNeeDireefor O BEFORE THE PLANNINGCOMMISSION/CITYCOUNCIL OF THECITYOFMOSESLAKE,WASHINGTON IN THE MATTEROF THE PENINSULASCHOOL FINDINGS OF FACT,CONCLUSIONS,AND DE-MAJORPRELIMINARYPLAT CISION 1.HEARING BEFORE THE PLANNINGCOMMISSION. 1.1 _Date.A public meetingwas held upon proper notice before the Commission on January 13,2000. 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 is legally described upon theplat.Citystaff has confirmed the property described on theplat is theproperty submittedforplatting. 1.4 Evidence.The Commissionconsideredthe following materialsin reaching its decision: A.The submittedplat 8.Testimony from theproponent C.Written comments from various parties. 2.FINDINGS OF FACT BYTHEPLANNINGCOMMISSION. Based upon the evidence presented tothem,the Commission makes the followingfindings of fact: 2.1 The proponent is the ownerofthe property. 2.2 The property is currently zoned Public. 2,3 There wereno negative comments from the public. 2.4 The platting of the property is inthe best interest of the public. 2 5 Granting the variance to the requirement to install sewer line on Burress is appropriate as itwouldservenopurposesincesewerserviceisalreadyavailable. 3.CONCLUSIONS BYTHE PLANNINGCOMMISSION. From the foregoing findings offact the Commission makes the following conclusions: 3.1 The Planning Commission oftheCityofMoses Lake isvested withthe authority torecommendtotheCityCounciltheadvisabilityofapprovingaplat 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis proper at this timefor the Planning Commission to make a recornmendation on thisplat. 3.4 It is in thebest interests and welfare ofthe city'scitizensto plat the property as proposed. 4.RECOMMENDATIONOF THE PLANNINGCOMMISSION. On the basis ofthe foregoing findings offact and conclusions,itisthe recommendationof the PlanningOCommissionoftheCityofMosesLaketotheCityCounciloftheCityofMosesLakethattheplatbeapproved. 5.,FURTHER HEARING BEFORE THE CITYCOUNCIL. 5.1 Date.Apublic meeting was held uponproper notice before theCouncil on February 13,2001. 5.2 Proponent The Moses Lake School District is the proponent ofthisplat. 5.3 Purpose.The proponent has submitteda preliminary plat for property legally described upon i the plat.City staff has confirmedthepropertydescribed on the plat is the property submitted for platting. 5.4 Evidence.The Council consideredthe followingmaterials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. C.Written comments from various parties. 6.FURTHER FINDINGS OF FACT BYTHE CITYCOUNCIL. Nofurther evidence was presented tothe CityCouncil.The CityCouncil adopts those findings offact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BYTHE CITYCOUNCIL. From the foregoing findings of fact the Councilmakes the following conclusions: 7.1 The City Council oftheCity of Moses Lake is vested with the authority to make a decision on a preliminary plat. 7.2 The plat is properly before the Council for its decision. 7.3 It is proper at thistimefor the City Council to make a decision onthispreliminary plat. 8.DECISION. The CityCouncil oftheCityofMoses Lake agrees with the recommendation of thePlanning Commis- sion and approves the preliminary plat. Richard Pearce,Mayor O