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2001.05.08_000015729 MOSES LAKECITYCOUNCIL May 8,2001 Council Present:Richard Pearce,Ron Covey,Chris Blessing,Larry Tracy,Tom Porter,Lee Blackwell,andBrentReese MINUTES:Mr.Blackwell moved that the minutes of the April 24 meeting be approved,seconded by Mr. Reese,and passed unanimously. APPROVAL OF BILLS,CHECKS,AND PREPAID CLAIMS O Action Taken:Mr.Porter moved thatthebills,checks,and prepaid claims issued be approved,seconded by Mr.Tracy,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,have been recorded on a listing which has been made available tothe City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said listfor theCouncilmeetingofMay8,2001 for the funds listed below are approvedin the amount of$879,564.45. GENERAL FUND $87,683.34 SANITATIONFUND 66,877.16STREET4,666.61 AIRPORT 180.21 STREET REPAIR &RECON 24,343.56 UNEMPL COMP INSURANCE 8,603.25 STREET IMPROVEMENT 345,467.88 SELF INSURANCE 9,175.60 PARK &REC IMPROVEMENT 210,197.27 CENTRAL SERVICES 7,923.08 WATER/SEWER 8,790.28 EQUIPMENT RENTAL 31,983.41 1996 BOND REDMPT FUND 65.18 BUILDINGMAINTENANCE 11,957.05WATER/SEWER CONSTRUCTION 58,734.11 ML YOUTH PART,TF 3,006.46 TOTAL $879,654.45 Prepaid Claims:Prepaid claimsapprovedbytheCityManager accordingtothe process establishedbyMoses Lake Municipal Code 3.42.030 andtheinternal controlpolicyapprovedbytheCityCouncil has been recorded on a listing which has been made available totheCity Council.The claims listed below are approved in the amount of $486.43for all funds. GENERAL FUND $452.26 .WATER/SEWER 19.75 STREET 14.42 TOTAL $486.43 Claim Checks:Checks 9247 through9440 issued onApril27,2001 throughMay 7,2001 were approved for payment at the Council meeting held on May 8,2001 in the totalamount of $638,772.21. Payroll:The payroll issued on April 27,2001 having been approved pursuant to the rule of the CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 19664 through 19832 in the totalamountof$51,504.58. Payroll:The payroll issued on April 30,2001 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 19833 through19839 in the totalamountof$1,152.52. II.EMPLOYEEPRESENTATIONS-None IIL CONSENT AGENDA Accept Work -2000 Waterline Proiect:Desert Rock Excavation has completed work on the 2000 WaterRepairProject.Council should accept the work and enter into the30-day lien period. Execute Aareement -EMS MutualAid:David Helms,Fire Chief,requested authorization forthe CityManagertosigntheMajorIncidentMutualAssistanceAgreementtoEmergencyMedicalServices.This agreement encompasses Chelan,Douglas,Grant,and Okanogan counties andwillestablish a mechanismto provideadditionalresourcesintheeventofadisaster-level emergency. Resolution -Accept Street and Utilities-Ferguson Major Plat:A resolution was presented whichaccepts thestreetandutilityimprovementsconstructedaspartoftheFergusonMajorPlat. Resolution -Build on Unclatted Property -Dept.of Transportation:A resolution was presented whichauthorizestheDepartmentofTransportationtoconstructcoveredstorageforsandandchemicalsattheirsite on Tax #6347 located on Ramm Road. Set Date toConsider -Crestview Christian School Preliminary Ma or Plat:The Seventh Day Adventists havesubmittedapreliminaryplatfortheconstructionofaprivateelementaryschoolanddaycarefacilityattheintersectionofCrestviewDriveandValleyRoad.The Council should set May22 as the date toconsiderthepreliminaryplat. Set Date to Consider -Lakeland Addition lil Preliminarv Maior Plat:Phil Bloom,Columbia NorthwestEngineering,has submitted a 16 lotpreliminary platlocated at the end of Lakeland DriveoffofNelson Road.The Council shouldset May22 as thedate to consider thepreliminary plat. 5730 CITY COUNCIL MINUTES:2 May 8,2001 Set Date to Consider -Maiers Preliminary Major Plat:Phil Bloom,Columbia Northwest Engineering,has submitteda preliminary plat for a 9 acre,one lot major plat located atthe intersection ofYonezawa Boulevard and Clover Drive.The Council should set May 22 as the date to consider the preliminary plat. Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Porter,and passed unanimously. IV.CONSIDERATION OF BIDS SWEEPER Two bids were receivedfor the sweeper.The bid from ElginWhirlwind does not meet thespecifications and thebid from Pacific UtilityEquipment is $6,146over budget.Staff requested authorization to rejectthe bids and re-bid the sweeper. Action Taken:Mr.Blackwell moved that the bids be rejected and staff be authorized to re-bid the sweeper, seconded by Mr.Porter,and passed unanimously. MO ESE NSUSCOEMMSUANCOATCONS.NOREVUBLINEARFUNNDSRAISING ENDORSEMENT REQUEST Terrie Hartzell,Moses Lake Business Association,stated that theyare planning a number of events in the downtown area and are requesting Councilendorsement.The followingeventsand tentativedates are being proposed -Sun Daze on June 16 and 17,Art in thePark (Sinkiuse Square)on July 21,Ducky Derby on August 4,2001;and OctoberFest on October 13.She also mentioned that they are looking into hanging baskets and a kiteflyingcontest.She requested Council approval oftheproposed Sun Daze on June 16 and 17 since they are planning to use Sinkluse Square and Third Avenue for a street dance. Dr.Covey suggested that Ash Street be used for the street dance rather thanThird Avenue. There was some discussion by the Council. ActionTaken:Dr.Covey moved thattheMoses Lake Business Association be granted permission forthe use of SinkluseSquare on June 16 and 17 and theuse ofAsh Streetfor thestreet dance on June 16,seconded by Mr.Reese,and passed unanimously. NATIONALFROZEN FOODS -REQUEST TO SERVE ALCOHOLAT CASCADE PARK Gary Ash,National Frozen Foods,requested permission to provide one keg of beer for theircompany picnic and barbeque to be held at Cascade Park on May 11,2001.The picnic will start about 5 p.m and end at approximately 8 p.m. ActionTaken:Mr.Tracy moved that National Frozen Foods be allowed toserve alcoholin Cascade Park on May 11 between 5 p.m.and 8 p.m,,seconded by Mr.Blackwell,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -ASPl/UCHIDAIGATEWAYESTATES ANNEXATION-2nd READING An ordinance was presented which provides for the annexation of the ASPl/Uchida property located along Patton Boulevard north ofHighway 17.The annexation also inpludes the Gateway Estates residential area as required by the Boundary Review Board.The Planning C6mmission has recommended a C-2 Zone, General Commercial and Business,for the ASPI/Uchida property.The Planning Commission has recom- mended an R-2 Zone for Gateway Estates which will be considered by the Council under a separate ordinance. Judy Thompson,8597 VinceRoad,was in favor oftheannexation. Kim Foster,ASPI,stated that they had originally requested thisannexation and was surprised when the Boundary Review Board included theGateway Estates area.The potential users of theASPI property have allindicated theywouldprefer to be inside the city limits since the citywillbe providing the services. Dr.Covey wanted to know the reasons why the Boundary Review Board included Gateway Estates in the annexation. Mr.Foster stated that the BoundaryReview Board was concerned thatthe city was.obtaining the more lucrative commercial property while leaving the county withthe more costly to service residential property, another issue was the problem ofcountyvehicles having tocross city streets in order toprovide maintenance on county roads,and the last issue was leaving Gateway Estates as an ísland surrounded by citylimits. Mr.Porter wanted to know ifASP1has any reservations about police and fire service. Mr.Foster stated thatASPI considers that both the cityfireand police departments and theGrant County Fire District #5 and the Sheriffs Office provide excellent service.He mentionedthat ASPI has over 1300 acres in the area between thebase and the city's limits on Stratford and has offered tomake property available for a satellite fire and police station inthearea when it becomes necessary. 5731 CITY COUNCIL MINUTES:3 May 8,2001 Bob Cleis,8711 Charles,stated that most of the people in Gateway Estates are still opposed to theannexation.He mentioned that he had talkedtothechairman ofthe Boundary Review Board and the reasonsforincludingGatewayEstatesintheannexationwasexplained.He pointed out that a park is needed inthis area for the children in Gateway and the southem end of the base housing. The ordinance annexing property commonly known asthe ASPI/Uchida annexation tothe CityofMoses Lake, Washington,and incorporating thesame withinthecorporatelimits oftheCityofMoses Lake,which providesfortheassumptionofexistingindebtedness,and which zones theASPI and Uchida propertieswas read by titleonly. Action Taken:Mr.Blackwell moved thatthesecond reading of the ordinance be adopted,seconded by Dr. Covey,and passed unanimously. ORDINANCE -GATEWAY ESTATES ZONING -1**READING An ordinance was presented which would establish thezoning for theGatewayEstates area as R-2,SingleFamilyandTwoFamilyResidential. Mr.Pearce pointed out thatthepublic hearing toconsider thezoning would be held at thesecond reading of the ordinance. Gilbert Alvarado,Community Development Director,stated that the Planning Commission discussed thezoningforthisarea.He pointed out thatGateway Estates is mainly developed with manufactured housing built to HUD standards.IfGateway were to be zoned R-1,any manufactured home that is replaced would have to be replaced with one that is builttoUBC standards.The Commission discussed the R-2 Zoning which would allow duplexes.However,there are homeowner covenants in place that prevent duplexes.He mentionedthat the residents were concerned thatthe R-3 zoning to the south and east is not appropriategiventhesingleaccesstothearea.That is something thatwould be considered bythe Planning Commission. Action Taken:Dr.Coveymovedthatthefirst reading of theordinance be approved and thesecond reading and a public hearing be set for May 22,seconded by Mr.Blackwell,and passed unanimously. ORDINANCE -GARBAGE RATES -1st READING 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.Information for residential can rates was submitted byLakesideDisposal. Action Taken:Mr.Blackwell moved that thisitem be removed from the table,seconded by Mr.Porter,and passed unanimously. Bob Bernd,Lakeside Disposal,stated thattheexisting residential rates are lower thantheyshould be sothereisnotalotofroomforadjustments.The variablecan rates willnot producemuch revenue.He mentioned that they had looked into recycling and composting and there is not the population base to supportthecostofthetrucksandresidentialbiNsfortheseservices. There was considerable discussion by the Council. The ordinance establishing charges for garbage collection was read by titleonly. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be approved,seconded by Mr. Reese,and passed unanimously. ORDINANCE -RIGHT-OF-WAY USE CONTROL -167 READING Anordinance was presented whichcreates regulationsfor theuse of cityright-of-way bytelecommunicationsandcableproviders. Jim Whitaker,CityAttorney,stated that if thecitywishes to retain control ofits rights-of-way with respect totelecommunication,OBS,and cable users the Council should adopt this ordinance.The ordinance wouldrequiretheuserstorequestafranchisetousethecity's rights-of-way.He mentioned thattherecent courtrulehasdeterminedthatifacityhasarequirementtoplacecableunderground,the provider must place his O cable underground,unless the city has a variance procedure.Also under this courtdecision,thecity canrequirethemtoputtheircablesundergroundattheirexpense. There was some discussion by theCouncil. Theordinancecreating Moses Lake MunicipalCode Chapter5.60 entitled"Right-of-Way Use byTelecommu-nication,Cable Providers,and Open Video System Operators was read by titleonly. Action Taken:Mr.Tracy moved thatthefirst reading ofthe ordinance be approved,seconded by Mr.Porter,and passed unanimously. 5732 CITYCOUNCIL MINUTES:4 May 8,2001 VII.REQUESTS TO CALLFOR BIDS 2001 SIDEWALKPROJECT Staff requested authorization to callfor bids for the 2001 Sidewalk Project.This project includes installing sidewalks alongportionsofHillStreet,Clover Drive,Dogwood Park and some minorwater and sewer repairs. GaryHarer,MunicipalServices Director,stated thatthecityreceived a $68,000TIBgrantfor thesidewalk onHillStreetandCloverDrive.The funds will also be used on A Street and Fourth Street adjacentto Frontier Junior High.OActionTaken:Mr.Porter movedthatstaffbe authorizedtocall for bids,seconded by Mr.Tracy,and passed unanimously. Vill.REFERRALS FROM COMMISSIONS-None IX.OTHER ITEMS FOR COUNCIL CONSIDERATION UGAINCLUSIONREQUESTS The city has received requests from National Frozen Foods,Department of Natural Resources,and Russell Fode for the inclusion oftheirproperty alongRoad N NE into the city's Urban Growth Area. Gilbert Alvarado,Community Development Director,stated thatthe property requested to be included is immediately adjacent to the city'sexistingUrban Growth Area boundary. There was some discussion and itwas pointed outthat the citydoes not have a process forincluding property in the UGA,that is a function ofthecounty. ActionTaken:Dr.Covey moved thatitbe recommendedtothecounty thattherequest from property owners to be included in the city's UGA be granted,seconded by Mr.Reese,and passed unanimously. VARIANCEREQUEST -SIDEWALK-SIMMONS Edna Simmons has requested a variance totherequirements oftheCommunity Standards toinstallsidewalks in front of her property on Interlake Road. Gary Harer,Municipal Services Director,stated that Mrs.Simmons is requestingthat she not be required to install sidewalks on her property on Interlake Road at this time.He mentioned that no sidewalks will be installed from Mrs.Simmonsproperty toPeninsula.Sidewalk willbe constructed onthe southsidefrom Mrs. Simmons'propertytoWapato. Frank Wagley,representing Mrs.Simmons,does not feel a sidewalk is necessary since itwillend at the freeway right-of-way.She is requestingthatshe not be required to install sidewalks on either her platted or unplatted property until it is developed as commercialproperty. ActionTaken:Mr.Blessing moved thatthe variance request be approved with thestipulation thata covenant run withboth her platted and unplatted land for the sidewalkimprovements at a later date,seconded by Mr. Tracy,and passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS-None XI.COUNCIL QUESTIONS AND COMMENTS-None S LECS A SERENRE AND COMMMENTS Joseph K.Gavinski,City Manager,reported that the city received $241,042.51in sales tax income and $16,653.04in transientrental income for April 2001. BUILDINGACTIVITYREPORT Joseph K.Gavinski,City Manager,distributed the BuildingActivityReport for April2001. INVESTMENT REPORT Joseph K.Gavinski,CityManager,reported thatthecityreceived$66,860.13ininterest income forApril2001. YONEZAWABOULEVARD Dr.Coveypointed out that Yonezawa Boulevard was to be developed the same as Central Drive,including decorative lights.However,the lights on Yonezawa are the standard overhead street lights. 5733 CITY COUNCIL MINUTES:5 May 8,2001 Gary Harer,Municipal Services Director,stated that originally the concept was to construct YonezawaBoulevardthesameasCentralDrive.However,during thedesign process some problems were encounteredandstaffbroughtthedesignbacktotheCouncilatitsDecember14,1999 meeting.At that meetingtheCouncildiscussedthelightinganditwasdeterminedtogowiththestandardlightsduetovandalism,theextracost,and also the fact thatstandard lights wouldhave tobe installed even ifthe decorative lights were used. The regular meeting was recessed at 8:45 p.m.and theCouncilmet in an executive session to discusspropertyacquisition.The executive session was adjourned at 9:40 p.m.and the regular meeting wasreconvened. PROPERTY ACQUISITION The Council discussed the acquisition of property across Balsam from the existing cityhallwhich is ownedbyMr.Hall and Mr.Ahlers. ActionTaken:Dr.Covey movedthatan offerby made totheproperty owners for theproperty across BalsamStreetfromtheexistingcityhallatthepricediscussedduringtheexecutivesession,seconded by Mr.Reese. Action Taken:Mr.Blackwellmovedthatthemotion be amended to give Mr.Hall 30 days torespond to theoffer,seconded by Mr.Reese,and passed withMr.Tracy and Mr.Blessing opposed. The amended motion passed with Mr.Tracy and Mr.Blessing opposed. The regular meeting was adjourned at 9:50 p.m. Mayor Finance Director O