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2001.10.09_000015776 MOSES LAKECITY COUNCILOctober9,2001 Council Present:Richard Pearce,Ron Covey,Chris Blessing,LarryTracy,Tom Porter,Brent Reese,and LeeBlackwell MINUTES:Mr.Blackwell moved thatthe minutes of theSeptember25 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 issued be approved,seconded byMr.Porter,and passed unanimously. Vouchers audited and certifiedby the Finance Director as requiredbyRCW 42.24.080,and those expensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,have been recorded on a listingwhich hasbeenmadeavailabletotheCityCouncil. Claims:The vouchers included on the below list as modified by the Council and noted upon said listfor theCouncilmeetingofOctober9,2001 for the funds listed below are approved in the amount of $883,519,68. GENERAL FUND $77,077.69 SANITATION FUND 98,428.20 STREET 19,450.10 AIRPORT 711.37STREETREPAIR/RECON 75,781.59 AMBULANCESERVICE FUND 6,545.81STREETIMPROVEMENT130.00 CENTRAL SERVICES 4,493.21WATER/SEWER 18,873.43 EQUIPMENT RENTAL 84,925.001996BONDREDEMPTIONFUND7,830.00 BUILDINGMAINTENANCE 24,051.59WISCONSTRUCTION424,485.62 FIREMANS PENSION 133.98STATEWATERPOLD/S 40,602.09 TOTAL $883,519.68 Prepaid Claims:Prepaid claims approved bytheCityManager according tothe process established byMosesLakeMunicipalCode3,42.030 andthe internal controlpolicyapprovedbythe CityCouncil has been recorded on a listing which has been made available tothe CityCouncil.The claims listed below are approved in theamountof$1,217.78for all funds. GENERAL FUND -578.80 CENTRAL SERVICES 722.28WATER/SEWER 74.30 M.L.YOUTH PT 1,000.00TOTAL$1,217.78 Prepaid Claims:Prepaid claimsapprovedbytheCityManager accordingtothe process established byMosesLakeMunicipalCode3.42.030 and the internal control policyapproved by theCityCouncil has been recordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.The claimslisted below are approvedintheamountof$433.77for allfunds. GENERAL FUND $422.83CENTRALSERVICES10.94TOTAL$433.77 Prepaid Claims:Prepaid claims approved bytheCityManager according to theprocess established byMosesLakeMunicipalCode3.42.030 and the internal control policy approved bythe CityCouncil has been recorded on a listingwhich has been made available to the CityCouncil.The claims listed below are approved intheamountof$150.00for all funds. CENTRALSERVICES $150.00TOTAL$150.00 Claim Checks:Checks 11377 through 11575 issued onSeptember 26,2001 throughOctober 5,2001 wereapprovedforpaymentattheCouncilmeetingheldonOctober9,2001 in the totalamount of $946,05560. Payroll:The payroll issued on September 28,2001 having been approved pursuant to the rule of the CityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 22571 through22763 inthetotalamountof$59,704.29. Payroll:The payroll issued on September 28,2001 having been approvedpursuant to the rule of the CityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 22764 through22771 inthetotalamountof$1,366.44. PROCLAMATION The proclamation declaring theweek ofOctober 17 -23,2001 as Lions Week was read in its entirety. EMPLOYEE PRESENTATIONS Fire Department:Brandon Asher,Firefighter,has earned an Associate in Technical Arts Degree from SouthPugetSouthCommunityCollegeinFireProtectionTechnology. CONSENT AGENDA Fire Fighter Contract:Authorization was requested for the CityManager tosign a contractamendment withthefirefightersconcerningtherateofpayfortheFireMarshalandFireInspectoruponacceptingasecondalarmcallback. Resolution -Accept Street/Utility Improvements -Desertpoint Major Plat:Aresolution was presented whichacceptsstreetandutilityimprovementsintheDesertpointMajorPlat. Resolution -Unclaimed Checks:A resolution was presented whichcancels claims checks that have notbeenreturnedtothecityandprovidesforthedistributionofthecancelledamountsasrequiredbylaw. Action Taken:Mr.Blackwell moved thattheConsent Agenda be approved,seconded by Mr.Blessing,andpassedunanimously. 5777 CITY COUNCIL MINUTES:2 October 9,2001 Q/)Resolution -Grant Easement to PUD:A resolution was presented which grants an easement tothe PUD alongLakeside Drive and D Street. The resolution authorizing the City Manager to grant an easement to Public UtilityDistrict No.2 ofGrantCountywasreadbytitleonly. Action Taken:Mr.Blackwell moved that theresolution be approved,seconded by Mr.Reese,and passedunanimously. CONSIDERATION OF BIDS /Q/TANKER TRUCK The city received twobids for the 2,000 gallon tankerfire truck.The lowbidder,DZ3 Inc.,had twodeviations tothespecifications.Neither the Fire Department nor the Equipment Rental Department have anyconcernsaboutthedeviations.Staff recommended thatthe deviations be waived and the bid be awarded to DZ3,Inc. Action Taken:Mr.Tracy moved thattheirregularity be waived and the bid be awarded to DZ3,Inc.in theamountof$136,915.39,seconded by Mr.Blessing,and passed unanimously. PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS ORDINANCE -JUNIPER DRIVEVACATION-WAIVE FEES -1"READING Grant Mental Healthcare requested that the citywaive the fees in conjunction withthe vacation of Juniper Drive. Joseph K.Gavinski,City Manager,stated that in order to waivethe fees an amendment tothe ordinance would be required.He mentionedthatGrant County deeded a substantial amount of property to the cityonValleyRoadandAirwayDriveatnocosttothecity. The ordinanceamending Ordinance No.2025 which vacated a portion of Juniper Drivewas read bytitleonly. Action Taken:Mr.Blackwell moved thatthe first reading of theordinance be adopted,seconded by Mr.Tracy, and passed unanimously. ORDINANCES -C-1.C-2,AND MANUFACTURED HOME PARKS ZONES -2ND READINGS/PUBLIC HEARING Ordinances were presented which delete manufacturedhome parks as a conditional use inthe C-2 Zone and incorporates language which allowsresidential development withinthecommercialzones inareas which do not conflict with ground level commercialareas,in order to keep the language regarding specificuses consistent within both commercial zones,some changes have also been made tothe C-1 zone.Also the Manufactured Home Parks regulations were amended to delete that manufactured home parks are a permitted use in the C-2 Zone. The ordinance amending Chapter 18.28 of the Moses Lake Municipal Code entitled "C-1,Central Business DistrictZone"was read by titleonly. The public hearing was opened.There were nocomments. Action Taken:Mr.Blackwell moved thatthe public hearing be closed,seconded by Dr.Covey,and passed unanimously. Action Taken:Mr.Porter moved thatthe second reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. The ordinanceamending Chapter18.32 oftheMoses Lake MunicipalCodeentitled "C-2,General Commercial and Business Zone"was read by titleonly. The public hearing was opened,There were no comments. Action Taken:Mr.Blessing movedthat the public hearing be closed,seconded by Mr.Porter,and passed unanimously. Action Taken:Dr.Covey moved that the secánd reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. The ordinance amending Chapter 18.65 of theMoses Lake Municipal Code entitled"Manufactured Home Parks"was read by titleonly. The public hearing was opened.There were no comments. Action Taken:Mr.Porter moved that thepublic hearing be closed,seconded by Mr.Blessing,and passed unanimously. Action Taken:Mr.Blackwell movedthat the second reading oftheordinance be adopted,seconded by Mr. Reese,and passed unanimously. ORDINANCES ANDRESOLUTIONS ORDINANCE -BASINWATERSOURCES,INC.FRANCHISE -SINGLEREADING Anordinancewas presentedwhich grants a franchise to Basin Water Sources tooperate a water distributÍon system inthe city.The current franchise expired on September 21,2001. Joseph K.Gavinski,CityManager,explained thatadditionallanguage was addedtothe ordinance with regard to repair and restoration issues. 5778 CITY COUNCIL MINUTES:3 October 9,2001 The ordinance granting to Basin Water Sources,Inc.theright and franchise to use and occupy designatedstreets,alleys,and other public places and ways of the City of Moses Lake,Washington,to construct,maintain,repair,renew and operate a water distribution system within and throughcertain portions of theCityofMosesLake,Washington was read by titleonly. Action Taken:Mr.Blackwellmoved thatan emergency be declared and theordinance be adopted on a singlereading,seconded by Mr.Reese,and passed unanimously. RESOLUTION -PURCHASE FROM FEDERAL GOVERNMENTIGRADER A resolution was presented which authorizes thecityto purchase supplies,materials,and/or equipment from or throughthe United States government without calling for bids. Joseph K.Gavinski,CityManager,statedthathe thoughtthe cityhad previously adopteda resolutionallowingthecitytopurchasefromthefederalgovernment,but thatresolution could not be located.Since purchasingfromthefederalgovernmentrequiresofficialapprovalbytheCouncil,the grader has notyet been ordered.Upon passage of thisresolution,thestaff will place the order for the grader. The resolution authorizing the Cityof Moses Lake to purchase supplies,materials,and/or equipment from orthroughtheUnitedStatesgovernmentwithoutcallingforbidswasreadbytitleonly. Mr.Blessing stated thathe has talkedto contractors about graders since the last meeting.Hementioned thatitisunknownhowmanyhoursthegraderwouldbeusedandsuggestedthatitmaybemorecosteffectivetorentagraderratherthanpurchaseone. There was some discussion bytheCouncil on theneed for thepassage of the resolution. Action Taken:Mr.Tracy moved that the resolutionbe adopted,seconded by Mr.Blackwell,and passedunanimously. Mr.Blessing wantedto know how manyhours per year the road grader is used, Gary G.Harer,Municipal Services Director,stated that the grader is used about 700 hours per year andexplainedwhatitisusedfor. Mr.Blessing stated that a contractor rents his grader out for about $70 per hour. Mr.Harer stated thatrenting a grader was discussed bystaff but there are problems indoing that.He pointedoutthatacontractorgenerallyrentsoutthegraderandoperatoratabout$70 per hour.He mentioned thatusingacontractorcreatesproblemsbecauseofdamagetocurbs,manholes,etc.Another problem is theavailabilityofagraderwhenitwouldbeneededbythecity. There was considerable discussion by the Council on purchasing a grader vs renting a grader. ActionTaken:Mr.Blessing moved thattheprevious authoritygiven tocitystafftopurchase a grader from theU.S.Government be rescinded,seconded by Mr.Tracy. Mr.Blessing stated that he wouldlike to look at other options. Mr.Tracy pointedoutthat therewas no reportfrom staffonhow muchitwouldcostto getthe existinggraderintoshape. Mr.Blackwell felt that the previous action should be rescinded and additional information provided aboutpurchasingagrader. Mr.Reese felt that the city should have its own grader and the city is getting a good deal on the grader thatwaspresentedbystaffatthepreviousmeeting. The motion failed with Mr.Blessing,Mr.Blackwell,and Mr.Tracy infavor. RESOLUTION -BUILDON UNPLATTED PROPERTY -THORNTON A resolution was presented which allows Newt Thornton to erect a sign at 1110 W.Broadway on Tax #1157. Gilbert Alvarado,Community Development Director,presented a drawing showingthe location of the sign.The proposed sign meets the requirements of the signordinance. The resolution allowingNewt G.Thornton to build on unplatted property owned by ElliottG.Thornton Trustwasreadbytitleonly. Action Taken:Mr.Blessing moved that the resolution be adopted,seconded by Dr.Covey,and passedunanimously. REQUESTS TO CALLFOR BIDS-None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION AGREEMENT WITH JOHNSTON &CULBERSON -L &I PROCESSES Authorization was requested for the City Manager to sign an agreement with Johnston and Culberson tomanagethecity's workman's compensation claims and toprovide loss control series and trainingprograms.These services were previously provided as part ofthe city's industrial insurance retro group.However,theretrogroupisdisbandingforeconomicreasons. Joseph K.Gavinski,CityManager,stated thatJohnston and Culberson manage the city's claimsand wouldrepresentthecitybeforetheDepartmentofLaborandIndustriesifneeded, 5779 CITY COUNCIL MINUTES:4 October 9,2001 Ron Cone,Finance Director,pointed out thatthecost of thiscontract is less than what the citywas paying totheretrogroup. Action Taken:Mr.Tracy movedthatthe CityManager be authorizedtoexecutethe agreement withJohnstonandCulberson,seconded by Mr.Porter,and passed unanimously. WHEELER ROADILNE INTERSECTION Two public hearings were held toexplainthe options for improving the intersection of Wheeler Road and L NE.Those people attending the public hearings were opposed to a roundabout and infavor of the leftturnlanedesign.The Departmentof Transportation has indicated thatthe funds approved for the roundabout canbeusedforthelefturpnaSne ices Director,stated thattheDepartment ofTrans ortationhas notyet provided written confirmation that the funds approved for the roundabout can be used or theleft turnlanes.Even thoughthe people attending the meetingswere opposed totheroundabouts,staff feels there are long termbenefitstobegainedfromconstructingtheroundaboutTheroundaboutaddressesalltheissuesatthisintersection.However,the leftturnlanes willhelp,even thoughthere are a couple of disadvantages.One ofthedisadvantages is thatthereis heavy trafficonWheeler andwhen trafficincreases on Road L,a trafficlightwillprobablybeneeded.The otherdisadvantage is that theleft turnlanes willwidenthisintersection sothetrafficonRoadLwilltravelagreaterdistancetocrossWheeler.Currently that is one ofthe problems causing trafficaccidents at thisintersection -vehiclesdo not make itthroughtheintersection before getting hit by the trafficon Wheeler. There was some discussion by the Council. Action Taken:Mr.Blessing movedthatstaff be directed to proceed withthe left turnlanes at the Wheeler Road and Road L intersection,seconded by Mr.Porter,and passed unanimously. CASCADE VALLEYWATER,INC -FRANCHISE The amended franchise granting Cascade ValleyWater,Inc.therightto construct and operate a water system in thecity's right-of-way on Valley Roadwas passed on September 26,2000.The franchise requireswritten acceptance from Cascade Valley Water,Inc.of the franchise.The city has not yet received this letter of acceptance.Staff is requesting direction from the Council on what todo about thissituation. Joseph K.Gavinski,City Manager,explained thatthe city has contacted Cascade Valley Water,Inc.about thissituation and been informed thata letter would be forthcoming,but thecity has received nothing to date. There was some discussion by the Council and theCity Manager was directed to again contact Cascade Valley Water,Inc.with a deadline to receive theiracceptance. /O 7 CLAIM-PRICE Meriel Price submitted a claim for damages to thecity inthe amount of$53,90,which was the cost of having her irrigationsystem tested under the city'sback flowprevention program.The cityhas suspended thetesting requirement pendingfurther reviewoftheprogram.Ms.Price had her systemtestedprior toreceiving a letter from thecityinforming her of thecity's suspension of the program.The insurance company has denied the claim. Joseph K.Gavinski,CityManager,explained thatthe cityhad suspended its program of requiring residential property ownerstotesttheirback flowdevices and sent noticesthatthe testingwould no longer be required. However,some property owners had already had the testingdone prior to receiving the letter from the city sayingitwas no longer necessary at thistime.He mentionedthat the city may be receiving otherrequests for reimbursement for back flowtestingalreadyperformed.He informed theCouncil thatthecity had received a claimfor the same reasons from Ralph Seibel,which was also denied by the insurance company.Mr. Seibel did not pursue theclaimbefore the Council.He requested direction from the Council on whether ornottopaythisclaimandanysubsequentclaims, Action Taken:Dr.Covey movedthat the claim from Meriel Price be paid,seconded by Mr.Reese. There was some discussion by theCouncil on theback flow prevention program. Action Taken:Dr.Covey moved that themotion be amended to pay the claimof Ralph Seibel,seconded by Mr.Blackwell,and passed unanimously. The amended motion passed unanimously. NON-AGENDA ITEMSAND PUBLIC QUESTIONS AND COMMENTS SNOW REMOVAL Mr.Beeson wanted to know why the snowis plowed tothe side of the streets rather than to the middle.By plowing tothe side,people cannot walkon the sidewalks. Joseph K.Gavinski,CityManager,stated thatpeople are unhappyno matter which way the snow is plowed- tothe center or the side.He pointed out that ifthestate plows the snow tothecenter itis the responsibility of the city toremove itwithin 48 hours.It is a no win situation for the city. COUNCIL QUESTIONS AND COMMENTS MEMORIAL-SEPTEMBER 11,2001 Mr.Blessing reported thathe had received a request froma citizenconcerninga remembranceoftheterrorist attackon the World Trade Centerand thePentagon on September 11,2001.The proposedlocation isat Five Corners. Itwas the consensus of theCouncil thatthe proposal should be formally presented totheCouncil. 5780 CITYCOUNCIL MINUTES:5 October 9,2001 COUNCIL MEETINGS Mr.Blackwell reported that he had talkedtothe high school about tapingthe City Council meetings and theywouldbegladtodoit.He also checked with the managerof Northiand Cable and theysee no problems withtelevisingthemeetingsatthistime. CITYMANAGERREPORTS AND COMMENTS BUILDINGACTIVITYREPORT Joseph K.Gavinski,CityManager,distributed theSeptember building activityreport. SALES TAX/TRANSIENTRENTAL INCOME The city received $416,065.91in sales tax and $40,745.08intransientrental income on September28,2001. QUARTERLY FINANCIALREPORTS Joseph K.Gavinski,City Manager,distributed the thirdquarter financial reports. BUDGET Joseph K.Gavinski,City Manager,suggested October 29 and 30,2001 as the dates for budget studysessions.He pointed out thattheproperty tax levy for thisyear has been proposed at the IPD -ImplicitPriceDeflater-of 1.89%,which is less thanlast year.He mentioned thatifI-722 is successful,theamount wouldhavetobeadjusted. WEED CONTROL Gilbert Alvarado,CommunityDevelopment Director,distributed a report concerning the weeds alongWanapumDrive.This area is partof theconstruction being done by theDepartment ofTransportation on thenewinterchange.This area willbe taken care of bytheDepartrnentof Transportation and will be fertilizedand seeded for soil stabilization and weed control. The regular meeting was recessed at 9:10 p.m.and the Council met in an executive session todiscuss realestatetransactions.The executive session was adjourned at 9:45 p.m.and the regular meeting wasreconvened.The regular meeting was adjournedat 9:45 O