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2002 02 125810 MOSES LAKE CITY COUNCIL February 12,2002 Council Present:Richard Pearce,Ron Covey,Chris Blessing,Larry Tracy,Steve Shinn,Brent Reese, and Lee Blackweii MINUTES:Mr.Blessing moved thatthe minutes ofthe January 22 meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Tracy moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Shinn, and passed unanimously. Vouchers audited and certified bythe Finance Director as required by RCW42.24.080,andthose expense.i reimbursement claims certified as required byRCW42.24.090,havebeen recorded on a listing which has \**s been made available to the City Council. Claims:The vouchers included onthe belowlistas modified bythe Council and noted uponsaid list for theCouncilmeetingofFebruary12,2002 for the funds listed below are approved in theamount of$508,208.27. GENERAL FUND $ 73,670.31 AIRPORT 309.29STREET41320.77 AMBULANCESERVICE FUND 1,584.00 STREET REPAIR &RECON.2,071.00 AMBULANCEDEBTSERVICE 614.25 EQUIPMENT LEASES 2,229.53 UNEMPL COMPINS 3,912.28GOB 1993 REDEMPTION 39,766.89 SELF INSURANCE 140.67 1988 REFUNDING GOB 26,392.18 CENTRAL SERVICES 12.183.49 WATER/SEWER 62,574.36 EQUIPMENTRENTAL 34,822.18 1994 BOND FUND 3,366.25 BUILDING MAINTENANCE 36,413.19 W/S CONSTRUCTION 55,752.39 FIREMANS PENSION 350.00 WATER/SEWER LEASES 1,022.65 Moses Lake Youth PTF 807.41 SANITATION FUND 108,405.18 TOTAL $508,208.27 Prepaid Claims:Prepaid claims approved bythe City Manager according totheprocessestablished byMosesLakeMunicipalCode3.42.030 andtheinternal control policy approved bytheCity Council hasbeenrecordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.Theclaims listed below are approved in the amount of $2,105.12 for all funds. GENERAL FUND $2,105.12 Claim Che( proved for s oavroll issued on Januarv 31.2002 havina beenapproved pursuanttothe rule 24257 in the total Claim Checks: Checks 12970through13145issued onJanuary23,2002 through February 5.2002 wereappaymentattheCouncilmeetingheldonFebruary12,2002 in the total amount of $780,360.65. Payroll:The payroll issuedon January 31,2002 having beenapproved pursuant tothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 24251 through "*'-"'A' amount of $1,883.28. Payroll:The payroll issued on February 1,2002 having been approved pursuant tothe rule ofthe City Council 1 J set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 24258 through24433 inthe total ^~s amountof $57,269.41. FIREFIGHTER CALENDARS Mike Merrick, Paramedic/Firefighter,stated that the Fire Department has purchased the 2002 Firefighters' burn fund calendar and he presented each Council member with a copy. EMPLOYEE PRESENTATIONS Community Development:Richard Cole,Building Official,was presented to the Council. FireDepartment:Steve Kalamakis was presented with a plaque forhis 30 years of service as a volunteer to /O/s the Fire Department. CONSENT AGENDA Airport Commission:Tom Dent,Darel Fuller,and Jerry Richardson were re-appointed to the Airport /DO & Commission. Hartford Deferred Compensation:Authorization was requested for the City Manager to sign an amendment /OyCf tothe deferred compensation contract dealing with review of hardship withdrawals./ Resolution -Accept Donation -Wal-MartlFoundation:Aresolution was presented which accepts $200 from /O L/& the Moses Lake Wal-Mart Foundation.The funds are to be used for the Special Olympics Program. Resolution -Accept Donation -Wal-Mart/Grant County Seahawkers:A resolution was presented which /O V ^ accepts $525 from Wal-Martand the Grant County Seahawkers.The funds are to be usedto paint the DARE van. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Blessing,and passed unanimously. \^J CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS CHAMBER OF COMMERCE The Moses Lake Area Chamber of Commerce requested the city increase its membership fee from $5,000 a yearto $7,500. The cityhas been paying$5,000 for16 years. Action Taken:Dr.Coveymovedthatthe city increaseits paymenttothe ChamberofCommerceto$7,500 per year,seconded by Mr.Blessing,and passed unanimously. /M }*</¥ 5811 CITY COUNCIL MINUTES:2 February 12, 2002 \U°(SENIOR OPPORTUNITY AND SERVICES The Moses LakeSeniorOpportunity andServices requestedthe cityincreaseitsfunding tothe SeniorCenter from $10,000 to $20,000.The Senior Center provided over 68,000 hours ofactivities for seniors in 2001. Mr.Peace stated that he is opposed to increasing the amount given to the Senior Center at this time.He mentioned that the city has a contract to provide funds to the senior Center and the Senior Center was toprovidereportson howthe fundswerespent. The Council has neverreceivedthose reports.Hestatedthatthecitycannotmakeagiftoffundstoanyone.He pointed outthat seniors are among themostwell offsegments ofthe population and he would be opposed to providing additional funds. ActionTaken:Mr.Pearce moved that the cityprovidethe $10,000 as currently budgeted,that the Parks andRecreationDepartmentdevelopactivitiesforseniors, thatthe funds provided to the seniorcenter be cut in half by 2004 and eliminated by 2006,seconded by Mr.Reese./"> Dr.Covey asked about the contractwith the SeniorCenterand where the additional funds would come from. Joseph K.Gavinski,CityManager,pointedout thatthe cityhas a contractwiththe Senior Centerto provide recreationalactivitiesforseniors that are not providedbythe city. The unbudgeted funds would haveto come from the General Fund. Dr.Covey pointed out that some seniors are not well off and this is a segment of the population that should not be forgotten.He was not in favor of the motion. Mr.Tracy requested information on the funds that have been contributed to the SeniorCenterand the reason for the requested increase. Mr.Gavinski statedthatthe city has provided $5,000 sincethe early 1980s butthe city has also contributed funds on a one-timebasis for a walk-in freezer and the paving of their parking lot.The city increased its contribution to the Senior Center to $10,000 in 2001. Myrna Anderson,administrator of Senior Opportunities and Services,stated that in the past a portion of the personnel costs were paid bythe nutrition program,whichcovered three counties. Since that program wasgoingintodebteveryyearitnasbeendroppedandthesalariesforthejanitor,some ofthe cooks,and theadministratorarepaidbytheCenterandthereisasubcontractwithPeopleforPeopleforthemealsonwheels program for Moses Lake only.The cost of the utilities has also increased.She pointed out that most of the activities,except for the trips,are provided at nocost tothe seniors.She mentioned thatthe 2002 budget is about $50,000 than the 2001 budget. Mr.Shinn felt that requests for funds should be made during the city'sbudget process. Hestated thathe would like some additional information from the seniors on how the funds would be utilized. Mr.Blessing also wanted additional information on the use of the funds and why an increase is necessary. Mr.Pearce pointed outthatthe cityisthe onlygovernmentagency that provides fundstothe seniorcenter and he felt that,ifmore fundsare needed, the countyandothercitiesshouldbe contacted. There was some discussion by the Council. The motion failed with Mr.Peace and Mr.Reese in favor and Mr.Tracy,Mr.Blessing,Dr.Covey,Mr.Shinn opposed. Action Taken:Mr.Tracy movedthatthe budgeted $10,000 be paid andifthe seniorswantthecityto provideadditionalfunding,additional information shouldbe provided for the Council to studyat retreat,seconded by Mr.Shinn. Therewassome additional discussionbythe Council onthe budgetsubmittedbytheSeniorCenteranditwas pointed outthatthereisno break down onwhatthe city's funds areused for. The motion passed unanimously. \dl ORDINANCE -ABACUS CABLE FRANCHISE -1ST READING Anordinance was presented which would grant a franchise toAbacus Communications,Inc.for cableservice in the City of Moses Lake Mr.Tracy declareda conflictof interest and exited the room. JamesA.Whitaker,City Attorney,explained thatthe franchise hasbeen changed sothatthecableoperatorwillpaythecitymonthly.He mentioned that there will likely be four to five providers using the PUD fiberoptic cable. Itis the recommendation of staff that the security amount requiredbe reduced to $6,000. There wassome discussion bythe Council and itwas felt thatthere needstobe some way to increase the bond amountshould the provider's monthly fee paid tothe city be morethan $6,000. Mr.Whitaker suggested that Section 5.2beamended byadding "Such bond shall be reviewed attheendof 60 months and tne bond shall be set forthe remainder of the franchise term at the amount of franchise feespaidinthe60thmonthbutinnoevent atanamountless than$6,000." Action Taken:Dr.Covey moved that the ordinance be amended by adding "Such bond shall bereviewed at f~\ the end of 60 months and the bond shall be set forthe remainder of the franchise term at the amount offranchisefeespaidinthe60thmonthbutinnoeventatanamountlessthan$6,000"to Section 5.2,seconded by Mr.Shinn, and passed unanimously. The ordinance granting a franchise toAbacus Communications,Inc.tooperate and maintain acable systemintheCityofMosesLakeandsettingforthconditionsaccompanyingthegrantoffranchisewasreadbytitle only. Action Taken:Mr.Blessing movedthatthe first reading oftheamended ordinance be adopted,seconded by Mr.Shinn, and passed unanimously. n 5812 CITY COUNCIL MINUTES:3 February 12, 2002 ORDINANCE -BALSAM STREET VACATION -1st READING/PUBLIC HEARING Anordinance was presented which provides for the vacation ofthe portion of Balsam Street lying southeast of Seventh Avenue. /ot/ <J The public hearing was opened. There were no comments. Action Taken:Mr.Reese moved thatthe public hearing be closed,seconded by Dr.Covey,and passed unanimously. The ordinance vacating a portion of BalsamStreet was readby title only. ActionTaken:Mr.Shinn moved thatthe first reading ofthe ordinancebe adopted,seconded by Mr.Reese, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -DEPARTMENT OF TRANSPORTATION ANNEXATION -2ND READING /O^f* An ordinance was presented which annexes Department ofTransportation rights-of-way currently with the city's limits. The ordinance annexing property commonly known astheWashington State Department of Transportationrights-of-way annexation,to the City of Moses Lake,Washington,and incorporating the same within thecorporatelimitsoftheCityofMosesLake,and which provides for the assumption of existing indebtedness was read by title only. Action Taken:Mr.Tracy moved that the first second ofthe ordinance be adopted,seconded by Dr.Covey, and passed unanimously. ORDINANCES -WATER CONNECTION FEES/WATER/AND SEWER CONNECTIONS -2ND READINGS /07^ Ordinances were presented which would negate the requirement for property owners to supply their own 2"//i(f domestic meters. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. ActionTaken:Mr.Pearce moved thatthe first readingofthe ordinance be adopted,seconded by Mr.Reese, and passed unanimously. The ordinance amending Chapter 3.58ofthe MosesLake Municipal Code entitled "WaterConnection Fees" was read by title only. ActionTaken:Mr.Shinn moved thatthe first readingof the ordinance be adopted,seconded by Mr.Reese, and passed unanimously. ^ORDINANCE -EXCAVATIONS AND OBSTRUCTIONS -2nd READING An ordinance was submitted which changes the bonding requirements relating to excavations and obstruc tions.The change will allowa contractorto carrya bond from year to year ratherthan havingto renew the bond every two years. The ordinance amending Chapter 12.16 of the Moses Lake Municipal Code entitled "Excavations and Obstructions"was read by title only. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Dr. Covey,and passed unanimously. ORDINANCE -YONEZAWA BOULEVARD REIMBURSEMENTS -1st READING Ordinances were presented which provideforthe reimbursement of construction costs for the installation of water,sewer,and underground utilityimprovements constructed as part of Yonezawa Boulevard. Gary G.Harer,Municipal Services Director,stated that these improvements were not covered by the TIB grant. The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Construction or Improvement Reimbursement Charges"was read by title only. Actiontaken:Mr.Blessing moved thatthe first readingofthe ordinance be adopted,seconded by Mr.Reese, and passed unanimously. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Reese moved that the first readingof the ordinance be adopted,seconded by Mr.Shinn,is )and passed unanimously. RESOLUTION -INTERFUND LOAN A resolution was presented which provides for an interfund loan from the Sanitation Fund to the Parks and Recreation Fund. Mr.Shinn was opposed to refinancing the loan at such a low rate. The resolution authorizing an inter-fund loan to the Paks and Recreation Improvement Fund 314 from the Sanitation Fund 490 was read by title only. There was some discussion by the Council. //<>/ //£>/ /o/o -/) 5813 CITYCOUNCIL MINUTES:4 February 12,2002 Action Taken:Mr.Pearcemoved thatthe resolution be amended tochange $400,000to$500,000andthat the resolution be adopted,seconded by Dr.Covey,and passed with Mr.Shinn opposed. REQUESTS TO CALL FOR BIDS jO/7 AMBULANCE Staff requested authorization to call for bids for one ambulance to replace the 1987 Ford ambulance purchased from Samaritan Hospital. There was some discussion by the Council. ActionTaken:Mr.Pearcemoved thatstaffbe authorized to call for bids,seconded by Mr.Tracy,and passed ^unanimously.f\ REFERRALS FROM COMMISSIONS MOSES LAKE MANTA RAYS -SWIM MEET The Moses Lake Manta Rays are requestingthe use ofthe aquaticcenter fortheirswim meet on July26,27,and28 2002.Theyarealso requesting thai participants be allowed tocamp overnight in designated areas at McCosh Parkon July26 and 27, 2002. The Parks and Recreation Commission recommended that therequestbegranted. Mr.Reese questioned allowingthe participants to camp at McCosh Park. Jerry Thaut,Parksand Recreation Director,statedthatsome concernhas been expressed bythe ParksandRecreationCommissionoverthepossibilityofothergroupswishingtocampinthecity'sparks.He mentioned that itis somewhat of a reciprocal arrangement between swim clubs as othercities allow the swim teams tocampintheirparks.Hepointed outthatthecampinghas usually beenacross Dogwood StreetinLions Field. The last time the swim team used McCosh Park forcamping was fouryears ago. Action Taken:Mr.Tracymoved thatthe Moses Lake Manta Rays be allowed to use the aquatic center for their swim meet on July 26,27,and 28 and that camping be allowed at McCosh Park on July 26 and 27, seconded by Mr.Reese,and passed unanimously. AQUATIC CENTER FEES The Parks and Recreation Commission recommended that the fees be increased at the aquatic center. Jerry Thaut,Parks and Recreation Director,explained that the increases are to help off-set the costs of maintenance and operation ofthe aquatic center. There was some discussion by the Council. Action Taken:Dr.Covey moved that the increase in the fees for the aquatic center be approved,secondedbyMr.Pearce,and passed unanimously.f*} /£>5<P ORDINANCE -LPS ANNEXATION/ZONING -PUBLIC HEARING/1ST READING The LDSChurch hasrequestedthe annexation ofapproximately 4acresof property on Nelson Roadlocatednorthofthecity's reservoir.The Planning Commission has recommended thatthezoning for the property be R-1,Single Family Residential. The ordinance annexing property commonlyknown as the LDS Church property,tothe City of Moses Lake, Washington, and incorporating the same within the corporate limits of the Cityof Moses Lake, and which provides for the assumption ofexisting indebtedness was read bytitle only. Gilbert Alvarado,Community Development Director,stated that the proposed zoning for the property isconsistentwiththecity's Comprehensive Plan.Also,he recommended that the ordinance require theextension of citysewer main.He pointed outthatthe land was platted underthe county's process and noprovisionwasmadefortheextensionofsewer.Under the city's regulations,theextension ofthesewermain would havebeen required through the plat.The city hasthe authority to condition the annexation onthe extension of the citysewer main. Citywater is alreadyavailable inthis area. Phil Bloom,Columbia Northwest Engineering,representing the project,stated that itis understood that the church will extend the sewer through the plat atthe time ofconstruction. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted and that the propertyownerberequiredtoextendcitysewermainthroughtheplatatthetimeofconstruction,secondedby Dr. Covey, and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION )Q/D-NAMING OF CITY FACILITIES Guidelines for the namingor renamingof city facilities were presented. Action Taken:Mr.Blessing moved that the guidelines be accepted,seconded by Mr.Reese,and passed ^^ unanimously.'} jj£(j MOSES LAKE YOUTH PARTNERSHIP TASK FORCE The city acts as the fiscal agent for the Moses Lake Youth Partnership Task Force.The city no longerprovidesfundstotheTaskForceandisnolongerrepresentedontheCoreCommitteefortheTaskForce.TheState Auditor hasrecommended that thecity review all monies receipted and spentfor reasonableness. Staff recommended that the citycease actingas the Task Force's fiscal agent. Action Taken:Dr.Covey moved that the city cease acting as the fiscal agent for the Moses Lake Youth Partnership Task Force,seconded by Mr.Shinn,and passed unanimously. 0b 5814 CITY COUNCIL MINUTES:5 February12, 2002 DANGEROUS BUILDINGS In November 2001 the Mighty Quinn restaurant was severely damaged bya fire within the structure and wasmorethan50%damaged.Under the city's regulations the building falls within the definition ofa dangerousbuildingandmustbedemolished.Theowners ofthe Mighty Quinn desire to repair thestructure but thecity s regulations donotallow for that.Staffis requesting direction from Council. Gilbert Alvarado,Community Development Director,stated that staff isnot opposed toallowing therebuildingofthestructurebutunderthecity's current regulations a building thatis50%destroyed shall be demolished. There was some discussion by the Council. i i Jim Whitaker,City Attorney,pointed outthat the owners have requested the rebuilding ofthe structure and\^/has hired theappropriate professionals toeffectthat.The Council maywish toset a timelimit for the repair of a buildingdeemed dangerous by the city. Itwasthe consensusofthe Councilthatthe regulationsbe amended to allowthe repairofa damaged building and that a time limit for its restoration be established. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS MOVING BUILDINGS Mr.Shinn stated that he wouldliketo see some changes made inthe manner inwhich moving buildingsare dealtwithbythe city.Hedidnot feelthatthe Councilshould be involvedinthe process. JosephK.Gavinski,City Manager,stated thatthecurrent process requires a public hearing before theCouncilandprovidesfornoticetotheneighboringpropertyowners.Hementioned thatthe processcould bechangedbut would recommend keeping the requirementof a public hearing so neighbors have the opportunity to express their views. There was some discussion bythe Council and staffwas directed to amend the regulations to provide for apublichearingbeforethePlanningCommissionwithanappealprocesstotheCityCouncil. CHANGE OF GOVERNMENT Dr.Coveystatedthathe hadsent a letter toGreg Hansen pointing outandclarifying the misstatements from the lettersto the editor.Healso stated that he would notbe sending a letterto the editor. kJ RESOLUTION -COUNCIL/MANAGER FORM OF GOVERNMENT Mr.Blackwell presented a resolutionwhich states the Councilsupports the currentCouncil/Managerformof government. The resolution supporting andendorsingthe Council/Manager form ofgovernmentinthe City of Moses Lake was read in its entirety. Action Taken:Dr.Covey moved that the resolution be adopted,seconded by Mr.Blessing,and passed unanimously. CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,City Manager,reported that the city earned $27,145.02 from investment income in January 2002. SALES TAX/TRANSIENT RENTAL INCOME J/gf'C Joseph K.Gavinski,City Manager,reported that the city received $264,730.11 in sales tax and $15,661.42 17<~~~ intransient rental incomeinJanuary 2002.7/ BUILDING ACTIVITY REPORT Joseph K.Gavinski,City Manager,distributed the building activity report for January 2002. COUNCIL/STAFF RETREAT Joseph K.Gavinski,City Manager,distributed a listofthe items to be discussed at retreat. He mentioned that the operations complex,the Parks and Recreation Comp.Plan,andthe funding requestbythe seniorswill be added to the list. QUARTERLY FINANCIAL REPORT Joseph K.Gavinski,City Manager,distributed the 2001 fourth quarter financial reports. \^J TRAFFIC SYNCHRONIZATION PROGRAM ,,,-, Gary G.Harer,Municipal Services Director,stated that the Department of Transportation has offered to present a program on the traffic synchronization program in Moses Lake. Itwas the consensus ofthe Council that a study session be set for Tuesday,February 26 at 2 p.m. in the Council Chambers. WEB PAGE Joseph K.Gavinski,City Manager,distributed a copy ofthe city's proposed Web Page./Jy^ ;c&f /oaf /0& /O/o /DOS /030/) //3(* 815 CITY COUNCIL MINUTES:6 February 12,2002 PLANNED GROWTH COMMITTEE/GMA INTER-LOCAL AGREEMENTS Mr.Blessing stated that they met with the county concerning the inter-local agreements and it was the consensus that the city would be drafting those agreements. Mr.Blessing stated that the Planned Growth Committee met to discuss the county's proposal to amend the County-Wide Planning Policies allow RAIDs outside the UGA's.The changes were approved by the Committee subject to ratification by the various jurisdictions.He mentioned mat there are no additional meetings of the Planned Growth Committee scheduled. Jim Whitaker,CityAttorney,suggested that the County Commissioners be questioned on the need for the RAIDsinan open meeting so that their response ison record. He pointed out that ifthese changes are madetotheCounty-Wide Planning Policies,the county will go back tothe Hearings Board and claim their COMP Plan is in compliance, whichthe citydoes notagree with.He pointedout that the RAIDs permittedare those based on the 1991 historical boundary. The county keeps stating they have maps based on the 1991 historical boundary but have not provided those maps. There was some discussion by the Council and the concern was expressed that by ratifying the changes without another meeting of the Planned Growth Committee,the county would interpret that as approval of the RAIDs as proposed. Mr.Whitaker stated thatthe changes to Policies 2 and 2A are from the RCW but the issue of lot size has not yet been resolved.Thereare several things that can be done,such as to insert language that lots of 2.5 acres and smaller are urban.Thatwould require all lots outsideofan urban growth area to belargerthan2.5acres. Also,language could be inserted that states that nothing in the definitions changes the other county-wideplanningpolicyprohibitingurbandensities outside of urban growth areas. That language would bypass the lotsize issue which the countyand city cannot come to an agreement on. There was additional discussion by the Council. Mr.Whitaker recommended that the Council decide whether it wants to make a change in the voting procedure of the Planned Growth Committee.Currently any changes requires a unanimous vote. The proposal is to change the requirement to a simple majority of those present at the meeting. Action Taken:Mr.Pearce moved that Mr.Blessing be given the authority to approve the change in the voting requirements to allow the approval ofa change by a majority ofthose present,seconded by Mr.Shinn,and passed with Dr.Covey opposed as he would prefera 60%approval. Mr.Blessing pointed out that there will have to be another meeting ofthe Planned Growth Committee because he previously had no authority from Council tovote on anychanges and the Council does notfeel voting by mail is legal. Joseph K.Gavinski, City Manager,suggested that the two policies be separated as they are two differentissues. Theredoes notseem tobe a lot ofdisagreementwith Policy 1 in terms ofthe languagein allowing the RAIDs, it is the application that is a problem.The intent of the county in regards to RAIDs should be determined. There was more discussion by the Council. Action Taken:Mr.Pearce moved that Mr.Blessing be given authority to vote for the changes in Policy 1, seconded by Mr.Reese,and passed unanimously. The regular meeting was adjourned at 10:25 p.m. Tayor ^-Finance Director ~ ~ ~