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2001.04.24_000015723 MOSESLAKECITY COUNCIL April24,2001 Council Present:Richard Pearce,Ron Covey,Chris Blessing,Larry Tracy,Tom Porter,Lee Blackwell,and Brent Reese MINUTES:Mr.Porter moved that the minutes of the April 10 meeting be approved,seconded by Mr. Blackwell,and passed unanimously. APPROVAL OF BILLS,CHECKS,AND PREPAID CLAIMS O Action Taken:Mr.Blackwell movedthatthe bills,checks,and prepaid claimsissued be approved,secondedbyMr.Porter,and passed with Mr.Reese abstainingfrom voting for that portion of the bills pertaining to himself. Vouchers audited and certified bythe 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 listingwhich has been made availabletothe CityCouncil. Claims:The vouchers included on the below listas modified by the Council and noted upon said listfor theCouncilmeetingofApril24,2001 for the funds listed below are approved in theamount of $330,330.28. GENERAL FUND $26,573.71 AIRPORT 93.00 STREET 34,389.27 ÚNEMPL COMP INSURANCE 375.00 EQUIPMENT LEASES 8,811.38 SELF INSURANCE 1,310.31 WATERISEWER 80,311.73 CENTRAL SERVICES 13,042.48 WATER/SEWER CONSTRUCTION 47,385.50 EQUIPMENT RENTAL 27,230.90 WATERISEWER LEASES 2,239.17 BUILDINGMAINTENANCE 13,058.54 STATE WATER POL D/S 40,602.09 FIREMANS PENSION 234.00 SANITATIONFUND 33,787.90 ML YOUTH PART.TF 885.30 TOTAL $330,330.28 Prepaid Claims:Prepaid claims approved bythe CityManager according tothe process established by Moses Lake MunicipalCode 3.42.030 and theinternal control policyapproved 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 $8,610.39for allfunds. GENERAL FUND $5,714.74 CENTRAL SERVICES 2,283.85 WATER/SEWER 473.83 EQUIPMENT RENTAL 111.32 WATERISEWER CONSTRUCTION 26.65 TOTAL $8,610.39 Prepaid Claims:Prepaid claims approved bytheCityManager according tothe process established by Moses Lake MunicipalCode 3.42.030 and the internal control policyapproved bytheCityCouncil has been recorded on a listing which has been made available to the CityCouncil.The claims listed below are approved intheamountof$217.77for allfunds. GENERAL FUND $25.35 AIRPORT 100.00 STREET 3.53 EQUIPMENT RENTAL 39.70 SANITATIONFUND 49.19 TOTAL $217.77 Claim Checks:Checks 9034 through9246 issued on April9,2001 throughApril17,2001 were approved for payment at theCouncil meeting held on April24,2001 in the totalamount of $2,590,634.86. Pavroll:The payroll issued on April 13,2001 having been approved pursuant tothe rule of theCity Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 19500 through19663 in the totalamountof$49,860.68. II.EMPLOYEE PRESENTATIONS Public Works Division:Bob Arntson,Building Maintenance Worker,was introduced tothe Council. III.CONSENT AGENDA Resolution -Accept Donation -Basic American Foods:A resolution was presented which accepts $5,000fromBasicAmericanFoodsforuseinthepurchaseofplaygroundequipmentattheCascadeParkSoccerComplex. Resolution -Accept Donation -Moses Lake Clinic:A resolution was presented which accepts a$200donationfromtheMosesLakeClinic.The funds are tobe used for the continuation ofthe Parks and Recreation FunRun. Resolution -Set Public Hearing Date -Loop Drive Vacation:A resolutionwas presented which sets May 10 as the date for a public hearing before the Planning Commission to consider the vacation of a portion ofLoopDrive. Action Taken:Mr.Porter moved thatthe Consent Agenda be approved,seconded by Mr.Blackwell,andpassedunanimously. IV.CONSIDERATION OF BIDS -None 5724 CITYCOUNCIL MINUTES:2 April24,2001 V.PETITIONS COMMUNICATIONS,OR PUBLIC HEARINGS RESOLUTION -MOVINGBUILDING-MOSES LAKEFAMILYAUTO CENTER -PUBLIC HEARING Garry Burns,Moses Lake Family Auto Center,is proposing torelocate twobuildings at 506 E.Wheeler Road to a new location on Yonezawa Boulevard. Joseph K.Gavinski,CityManager,distributed information on the process forthe relocation ofa buildingwithin thecity limits. The public hearing was opened. Mr.Burns stated thathe is proposing to move theexisting Moses Lake Family Auto Center buildingto a new location on Yonezawa near Highway 17. Action Taken:Mr.Blessingmovedthat the public hearing be closed,seconded by Mr.Reese,and passed unanimously. The resolution allowing Garry Burns tomove a buildingwithinthe city's lirnitswas read by titleonly. Action Taken:Mr.Tracy moved toapprove the resolution allowing GarryBurns to relocate the Moses Lake FamilyAuto Center officeand theHigh Octane Espresso buildingfrom Wheeler Road toYonezawa Boulevar, seconded by Mr.Blackwell,and passed unanimously, ORDINANCE -ASPIlUCHIDAANNEXATION-2""READINGlPUBLICHEARING An ordinancewas presented which provides for the annexation of.the ASPI/Uchida property located along Patton Boulevard northof Highway 17.The annexationalso includes theGateway Estates residential area as required by the Boundary Review Board.The Planning Commission has already considered the zoning for theASPI/Uchida property and recommended a C-2 Zone,General Commercial and Business.Zoning for the Gateway Estates residential property willbe considered bythe Planning Commission at a future date. Joseph K.Gavinski,City Manager,explained thatthisannexation was forwarded to the Boundary Review Board atthe request of ASPI and Uchida.The Boundary Review Board approved the annexation of theASPI and Uchida property but only with the inclusion of the Gateway Estates area.This has put thecityin the position of either annexingallof theproperty or none of the property.There was an appeal period from the Boundary Review Board decision and no appeal was submitted; The public hearing was opened. Bob Cleis,8711 Charles,stated that the city is run by a bunch of scoundrels. Bob Haring,8711 Harris,stated thatthe Gateway area was not notified ofthe actionsofthe Boundary Review Board or that action would have been appealed.He was concerned about the changes thatwould occur in fireand police protection and the increase intraffic.He did notwish tobe inthecity.Apetitionwas presented at the last meetingwhich opposed the annexation. Roger Hansen,Fire Chief ofGrantCounty #5,felt that the Boundary Review Board overstepped itsauthority by includingGateway Estates inthisproposed annexation.He pointed outthatan annexation isnotto include property that is not described in the petition,which Gateway Estates was not He suggested that the annexation be resubmitted to the Boundary Review Board foradditionalconsideration. PhyllisSievert,owner of8691 Jean Road,stated that she is opposedtotheannexation.She pointed outthat theresidents of Gateway Estates were not made aware of the hearing before the Boundary Review Board. Charles Lybbert,8674 Arlene,stated that he is opposed tothe annexation. Action Taken:Mr.Blackwell movedthatthe public hearing be closed,seconded by Dr.Covey,and passed unanimously. Mr.Gavinski pointed out that,under case law,the Boundary Review Board has the authority to include property in an annexationthat was not part oftheoriginal petition for annexation.The amount of property included in the annexation by the Boundary Review Boarddoes exceed the amount allowed by statute, However,the inclusion ofthe Gateway property into the annexation should be discussed with the Boundary Review Board not with the Cityof Moses Lake.Any lack of notification on the part of the Boundary Review Board should also be discussed withthe Boundary Review Board,not the city.The city,upon receipt of the decision by the Boundary Review Board,provided the notice required by law.He pointed out that Grant County Fire District#5 willcontinue to provide fire protection tothisarea so long as it continues toreceive the property taxes.He mention thatthe Boundary Review Board probably does not have theauthority to require thatthecity and Fire District #5 enter into an agreement for fire protection service in thisarea.However the city sent a letter to Fire District #5 concerning this issue but has received no response at thistime.He mentioned thatifthe annexationdoes not take place,the ASPI property willremain undeveloped because water and sewer service willnot be available toit.He pointedoutthat theannexation would help increase the city's taxbase whichincreases thecity'sbonding capacity.An increase intrafficwilloccur whenthe property is developed,whether it is in the countyor thecity. Dr.Covey was not infavor of annexing property when the property ownersare opposed to it and wanted to know the city's options. 5725 CITYCOUNCIL MINUTES:3 April24,2001 Mr.Gavinski stated that the Council can either approve or deny the annexation as presented.Ifthe Councildoesdenytheannexation,the Council would be denying those property owners that have requestedannexation. There was some discussion by the Council concerning the annexation process. Dr.Covey requested additional information on Fire District#5's request for review of theannexation by theBoundaryReviewBoard. O Mr.Hansen stated thatGrant County#5 requested the Boundary Review Board take jurisdictionon theannexationbasedontheresponsetimeofthecity's fire department tothis area.He pointed out that Grant County #5 has a station within 3/4 of a mile of thisarea whilethecity'sstationis 3.8 milesfromthisarea.The city'sfire department wouldalso have touse eithertheAlder Street Fillor Highway 17 and any delay ineither of those areas would significantly increase the response time.The inclusion of the Gateway Estates areacompoundstheproblem.The Grant County#5 fire station on Patton Boulevard has a high rate of responseandismannedatnight.There is also a station in Cascade Valley that responds to thisarea. Dave Helms,Fire Chief,stated thattheaccess routes tothisarea are good and the city's response timetoanyplaceinthecityis4.5 minutes.He pointed out that if the fire crew is on a call the city has a call backpolicytocoverthestation. There was some discussion onthemake up oftheBoundary Review Board. The ordinance annexing property commonly known as theASPllUchida annexation totheCityofMoses Lake,Washington,and incorporating the same withinthecorporate limitsof theCityof Moses Lake,which providesfortheassumptionofexistingindebtedness,and which zones the ASPI and Uchida properties was read bytitleonly. Mr.Pearce mentioned that he had called some ofthe persons who signed the petition and some of them were in favor ofannexationifitmeant better code enforcement.He pointed out thatthere would be very little change in the area other thancode enforcement.The area is already served with citywater and sewer andgarbageservicewouldremainthesame. ActionTaken:Dr.Covey moved that thesecond reading oftheordinancebe tabled,seconded by Mr.Reese, and failed with Dr.Coveyand Mr.Reese in favor and Mr.Porter,Mr.Blessing,Mr.Tracy,and Mr.Pearceopposed. Dr.Covey stated that he requested thisitem be tabled inorder to provide timefor the parties tocome upwith a compromise on thisannexation issue. Mr.Blessing pointedoutthatthereseems tobe twosolutions -deny the annexation and waita yearorexcludeGatewayEstatesfromtheannexationandwaittoseeifthereisachallengetothatdecision. Mr.Blackwell stated that he would agree to table the ordinance in order to allow the residents of GatewayEstatestimetocontacttheBoundaryReviewBoardaboutthisissue. Action Taken:Dr.Covey moved thatthe ordinance be tabledfor twoweeks,seconded by Mr.Blackwell,and passed with Mr.Porter and Mr.Tracy opposed. PELICAN POINT SEWER Phil Bloom,Columbia Northwest Engineering,on behalf of Huck Goodrich,has requested permission toconnecttothecity's sewer force main near the intersection ofPotato HillRoad and Baseline.The connectionwouldserve9residencesbutthelinewouldbedesignedfor60residences. Mr.Bloom explained thattheexisting privately operated sewer system is committed to servicing 25 to 30residences.Because ofDepartment ofEcology regulations,theowner,Huck Goodrich,would liketoconnecttothecity's system.This connection would also allow Mr.Goodrich to build on the lot that is currentlydesignatedforthedrainfield.He pointed out that Mr.Goodrich does notownthe lots thatwillbe using thesewersohecouldnotguaranteeannexationinthefuture. Joseph K.Gavinski,CityManager,stated that thisrequest couldbe treatedmuch likethe request for serviceOfromtheUpperBasinHomesarea.The citywoulddeal onlywith Mr.Goodrich and the connectionwould betreatedasacommercialenterpriseandchargedatretailrateswithasurcharge. There was sorne discussion and itwas the consensus ofthe Council thatthe connection tothecity's sewersystembecontingentuponexecutionofExtraTerritorialUtilityAgreementsbythepropertyowners. SIGHT OBSTRUCTIONS Shane Ahmann requested the Council consideran ordinance which would prohibit thevisual blocking ofcommercialbusinessesbyrecreationalvehicles,tractor-trailercombinations,and large equipment.Heexplainedthattheadjoiningpropertyownerhasparkedavehicleinsuchawaythatitblockstheviewofthisbusinessfromthetravelingpublic. There was some discussion by the Council and it was felt that such a restriction would be very difficulttoenforce. 5726 CITYCOUNCIL MINUTES:4 April24,2001 No action was taken. NEIGHBORHOOD PROBLEMS Jim Pippins,125 GibbyRoad,requested assistance withhis neighbor's use of black plastic toenclose acarport There was some discussion by theCouncil and staff was directed todraft an ordinance which addresses this issue. DEPARTMENT OF TRANSPORTATION -BUILDON UNPLATTED PROPERTY Keith Walker,Department of Transportation,stated that theywish toerect a pole building on Ramm Road on unplattedproperty.The entire site is enclosed by a chain link fence. Gilbert Alvarado,Community Development Director,stated that theissue willbe considered by the Planning Commission at theirApril26 meeting. Mr.Walker stated that theirbudget year ends in June and theystill need to go to bid on this project.This project must be completed bytheendofJune or thebudgeted amount is returnedtothestate's General Fund. Hestated thattheywished to builda 50'x 100'buildingfor thestorage ofgranular salt andsand.The building will be 25'high.No cityservices willbe required. Mr.Alvarado pointed out thatthe site is about 42T x about 560'. There was some discussion by the Council. Action Taken:Mr.Blackwell movedthatthe Department ofTransportation be allowed to build on unplatted property,seconded by Mr.Reese,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE-PARKING REGULATIONS-2ND READING An ordinance was presented which relocates two handicapped parking spaces in front of the Immanuel Lutheran Church onA Street. The ordinance amendingChapter 10.12 oftheMoses Lake MunicipalCode entitled "Parking Regulations"was read by titleonly. Action Taken:Mr.Blackwell movedthatthe second reading of theordinance be adopted,seconded by Dr. Covey,and passed unanimously. ORDINANCE -VACATECLOVER DRIVE-2ND READING An ordinance was presented which vacates a portion of Clover Drivewhich is no longer needed due to the new alignmentof Clover Drive with Pioneer Way. The ordinance vacating a portion of Clover Drivewas read bytitleonly. Action Taken:Mr.Porter moved that the second reading of theordinance be adopted,seconded by Dr. Covey,and passed withMr.Blessing abstaining. ORDINANCE -GARBAGE RATES -167READING An ordinance was presented which establishes new garbage rates.These rates do not include residential pickups of one and/or twocans one time a week. Action Taken:Dr.Covey moved that this item be removed from the table,seconded by Mr.Blackwell,and passed with Mr.Tracy and Mr.Blessing opposed. Bob Bernd,Lakeside Disposal,mentioned that a variable can rate willbe available at the May8 meeting and several recycling options willalso be submitted. Action Taken:Mr.Blessing moved that the ordinance be tabled,seconded by Mr.Tracy,and passed unanimously. RESOLUTION -OPPOSE NFPA PROPOSED STANDARDS A resolution was presented which opposes the new standards proposed by the NationalFire Protection Association.These proposed standards would establish a minimum forstaffing fire apparatus as well as response times.If the proposed standards are approved,the 4-person staffing standard would cost substantial sums of money nationwide,undercut local decisionrnaking ofcitycouncils,and possibly increase taxes or reduce other essential services. The resolutionopposing NationalFire Protection Association Proposed Standards 1710 and 1720 was read by titleonly. 5727 CITY COUNCIL MINUTES:5 April24,2001 Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Reese,and passedunanimously. VII.REQUESTSTOCALLFOR BIDS 2001 WATER MAINREPLACEMENT PROJECT Staff requested authorizationto call for bids for the2001 Water Main Replacement Project This project includes replacing thesteel water mains with PVCwater mains along East Craig Boulevard,Arnold Drive,and Northwest Lane with an option for replacing the steel water main along Larson Boulevard. Action Taken:Mr.Porter moved thatstaffbe authorizedtocallfor bids,seconded by Dr.Covey,and passed unanimously. FUEL PROCUREMENT Staff requested authorization tocall for bids for a three yearcontract for fuel procurement Action Taken:Mr.Blackwell moved thatstaff be authorizedto call for bids,seconded by Mr.Reese,and passed unanimously. VIII.REFERRALS FROM COMMISSIONS -None IX.OTHER ITEMS FOR COUNCIL CONSIDERATION DRIVEWAYVARIANCE-SEVENTH DAYADVENTIST CHURCH The Seventh Day Adventist Church has requested a variance of thedriveway access controlstandards in orderto constructa private access ontoValley Road to servicetheirnewschool. Gary Harer,Municipal ServicesDirector,stated thata meetingwas held with representatives ofthe7*Day Adventist School and the Sage Vista development to see if the accesses could be combined.Since combining the accesses was notfeasible and iftheCouncil approves thevariance,itwould be therecommen-dation of staffthat the private access into the school be constructed opposite the existingaccess to thefairgroundsparkinglot. There was some discussion by the Council. ActionTaken:Mr.Reese movedthatthe variance request be granted,seconded byMr.Blackwell,andpassed unanimously. APPLY FOR GRANT -FIRE DEPARTMENT Staff requested permission to apply for a grant from the federal government in order to purchase self-' containedbreathing apparatus,SCBA masks,andanadditionalengine.The cost oftheequipmentwouldbe $281,600.The cityiseligible for a 90/10 matching grant which means the citywould contribute $28,160ifthegrantisapproved. Action Taken:Dr.Covey movedthat staffbe authorizedtoapplyfor the grant,seconded by Mr.Porter,and passed unanimously. X.PUBLIC QUESTIONS ANDCOMMENTS -None XI.COUNCIL QUESTIONS ANDCOMMENTS -None XII.CITYMANAGERREPORTS ANDCOMMENTS AMBULANCESERVICE Joseph K.Gavinski,CityManager,distributed a budget showing theexpenses and revenue ifthecity shouldtakeovertheambulanceservicefromSamaritanHospital. O Action Taken:Mr.Blackwell movedthat staff proceed with the ambulance service,seconded by Mr.Tracy,and passed unanimously. CITY HALL Joseph K.Gavinski,City Manager,presented the revised floor plan for a 29,642 square foot building.Thiswillbeatwo.storybuilding with a basement.Also provided is an updated timeline and cost figures. There was some discussion bytheCouncil and itwas suggested thatthe building be movedback toprovideforparkinginfrontandasiteplanwasrequested. MULTI-AGENCYCOMMUNICATIONSCENTER Joseph K.Gavinski,CityManager,stated thatthe city is in agreement with all the recommended changes totheinter-local agreement with the Multi-AgencyCommunications Center. 5728 CITYCOUNCIL MINUTES:6 April24,2001 MUSEUM/ARTCENTER IMPROVEMENT COSTS Joseph K.Gavinski,City Manager,pointed out that the cost to renovate the new museum and art center building is approximately $47,000.The city has budgeted $31,000for the improvements.There is also $9,000rent payments received from PIC and another $16,000from thepoolcontract savings thatcould be used. There was some discussion by theCouncil. ActionTaken:Mr.Blackwell moved that $47,000be authorized for renovation of the buildingwhich willhouse the Museum and Art Center,seconded by Mr.Reese,and passed unanimously. OUTDOOR BURNING Joseph K.Gavinski,City Manager,stated that the staff has discussed how tocontrol outdoor burning within the city's limits due to the administrativerules adopted by the Department of Ecology.Ithas been decided to continue thecity'scurrent practice of issuing burning permitsand then advising residents they mayalso need a permit from theDOE. FINANCIALREPORTS The first quarter financial reports weredistributed. URBANGROWTH AREA Joseph K.Gavinski,CityManager,distributed letters from three different property owners who are currently outside the city's UGArequesting thattheybe included within the city'sUGA. The regular meeting was recessed at 9:40 p.m.and theCouncilmet in an executivesession todiscuss property acquisitionand legal matters.The executivesession was adjourned at 10:30 .m.and theregular meeting was reconvened.The regular meeting was adj at 10:30 p.m. AT Mayor WiffanceDirector O