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2002 03 12MOSES LAKE CITY COUNCIL March 12,2002 5821 Council Present:Richard Pearce,Ron Covey,Larry Tracy,Steve Shinn,Brent Reese,Chris Blessing,and Lee Blackwell MINUTES:Dr.Covey moved thattheminutes ofthe February 13special meeting be approved as submitted, seconded by Mr.Reese,and passed unanimously. Mr.Reese moved thatthe minutesof the February 26 meetingbe approvedas submitted,seconded by Dr. Covey, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Tracy movedthatthe bills,checks,and prepaid claims issuedbe approved,seconded by I \Dr.Covey, and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW 42.24.080, andthose expensereimbursementclaimscertifiedasrequiredby RCW 42.24.090,have been recorded on a listing which has been made available to the City Council. Claims:The vouchers included on the belowlistas modified bythe Council and noted uponsaid list for theCouncilmeetingofMarch12,2002 for the funds listed below areapproved in the amount of $408,997.22. GENERAL FUND $208,809.35 WATER/SEWER LEASES 1,022.64 STREET 2,869.23 SANITATION FUND 98,654.51 EQUIPMENT LEASES 2,229.53 AIRPORT 196.33 GOB 1993 REDEMPTION 59.00 AMBULANCE SERVICE FUND 1,479.43 1988 REFUNDING GOB 101.78 AMBULANCE DEBT SERVICE 614.25 PARK &REC.IMPROVEMENT 1,048.75 CENTRAL SERVICES 10,334.36 WATER/SEWER 14,721.69 EQUIPMENT RENTAL 29,823.74 1992 BOND FUND 45.28 BUILDING MAINTENANCE 5,364.71 1994 BOND FUND 47.95 FIREMANS PENSION 27.00 W/S CONSTRUCTION 28,825.00 STATE 2,722.69 TOTAL $408,997.22 Prepaid Claims:Prepaid claimsapproved bytheCity Manager according tothe processestablished byMosesLakeMunicipalCode3.42.030 andtheinternal control policy approved bythe City Council hasbeen recorded on a listing whichhas been made available tothe CityCouncil.The claimslistedbelowareapprovedinthe amount of $943.44 for all funds. GENERAL FUND $943.44 Prepaid Claims:Prepaid claimsapproved bythe City Manager according totheprocess establishedbyMosesLakeMunicipalCode3.42.030 and theinternal control policy approved bythecityCouncil hasbeenrecorded on a listing which has been made availableto the City Council.The claims listed below are approved inthe amount of $150.00 for all funds. ^J GENERAL FUND $150.00 Prepaid Claims:Prepaid claimsapproved bythe City Manager according tothe processestablishedbyMosesLakeMunicipalCode3.42.030 and theinternal control policy approved bytheCity Council hasbeen recorded on a listing which has been made availableto the CityCouncil.The claims listed below are approved inthe amount of$2,314.94 for all funds. GENERAL FUND $2,314.94 ed on February 21 in the total amount of$592,996.13. Payroll:The payrollissuedon February 28,2002 having been approved pursuantto the ruleof theCityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 24616 through 24622 in the total amount of$1,883.28. Payroll:The payroll issued on March 1,2002 havingbeen approved pursuantto the rule of the City CouncilsetforthinMoses Lake Municipal Code 3.42.040,was paid by checks 24623 through 24803 in the total amount of $60,355.64. EMPLOYEE PRESENTATIONS -None CONSENT AGENDA Accept Work -Penn Street Drainage Project 2001:Columbia Valley Excavation has completed the Penn //£?CfStreetDrainageProject.The work should be accepted andthe 45-daylien period entered into. Apply for Bureau ofJustice Grant:The Police Department requested authorization to apply for a50-50 grant //7 ? from the Bureau of Justice for the purchase of body armor. Resolution -Accept Traffic Safety Grant:Aresolution was presented which accepts agrant from the Traffic //7 /Safety Commission for the purchase ofcomputerequipmentandan LCD projector. K^J Larson Plavfield Addition Preliminary Plat -Set Date to Consider:The City of Moses Lake has submitted a //^u?twolotmajorplatlocatedadjacenttothe Larson Playfield.March 26 shouldbe set as the date for the Council to considerthis preliminary plat. Resolution -Northland Cable Television:A resolution was presented which extends the franchise for //V<r Northland CableTelevision to April15,2002.This willallowthe franchise to remain ineffectuntilthe franchise renewal process is complete. Claim Checks: Checks 13384 through 13564 issued on February 25,2002 through March 6,2002 were ap proved for paymentat the Council meeting heldon March 12,2002 "''' *~*""""*~~~*~ Resolution- Accept Easement - FlukeCapital Management:A resolution was presented whichaccepts an easement from Fluke Capital Management for municipal purposes on property nearthe west boundary of Kittelson Road. Action Taken:Mr.Blessing moved that the Consent Agenda be approved,seconded by Mr.Tracy, and passed unanimously. /d>/3 5822 CITY COUNCIL MINUTES:2 March 12,2002 CONSIDERATION OF BIDS /D/f$CRACK SEAL PROJECT 2002 The city received five bids for the 2002 Crack Seal Project.Staff recommended thatthe bid be awarded to Moe Asphalt Patching and Sealing Coating,Inc.as the low bidder.Because the bids came in under the Engineer's estimate,staff requested authorization to expend up to the budgeted amount of$70,000. Action Taken:Mr.Shinn moved that the bid for the 2002 crack seal project be awardedto MoeAsphalt Patching and Sealing Coating. Inc.inthe amountof $63,820,and staffbeauthorized to expend up to $70,000, including sales tax,seconded by Mr.Blessing,and passed unanimously. /Q/y TRUCKS AND BRUSH CHIPPER The city onlyreceived one bid from Discovery Ford MosesLake for thetwoextendedcab pickups,the full sizeheavy duty 3/4 ton regular cab pickup,and the heavy duty one ton cab and chassis. Staff requested authorization to award the bid to Discovery Ford Moses Lake or to purchase the vehicles from the state bid. The city received fourbids forthe brush chipper and staffrecommended that the bidbe awarded to WesSpurTreeEquipmentand include the three options - auto feed plus, hand crank adjustment,and radiatorguard. Action Taken:Mr.Pearce moved that the two small extended cab pickups be purchased under the state contract inthe amount of $31,865.80,seconded by Mr.Blessing, and passed unanimously. Action Taken:Mr.Pearce moved that the bid for the full size heavy duty 3/4 ton regular cab pickup be awarded to Discovery Ford Moses Lake in the amount of$20,329.79,seconded by Dr.Covey,and passed unanimously. Action Taken:Mr.Tracy moved that the bid for the heavy duty one ton cab and chassis be awarded to Discovery Ford Moses Lake in the amount of $29,644.78,seconded by Mr.Blessing,and passed unani mously. The rental rates for a brush chipperwere provided to the Council. There was some discussion concerning buying vs renting a brush chipper. Action Taken:Mr.Reese moved that the bid be awarded to WesSpur Tree Equipment,including the three options,in the amount of $24,800.47,seconded by Mr.Pearce. Mr.Tracy and Mr.Shinn felt that the equipment should be rented. Dr.Covey wanted to know how much the equipment would be used. RolandGonzales, ParksMaintenance Supervisor,statedthatmoreworkneeds tobedone atthe Moses Lake Community Park as well as at Lower Peninsula and Neppel Parks. Dr.Covey pointed out that over 10 years the equipment would be paid for and with a life span of20years,he (~\felt the city would save moneyin the long run by purchasing the equipment. The motion failed withDr.Covey,Mr.Pearce,and Mr.Reese infavor and Mr.Tracy,Mr.Blessing,Mr.Shinn, and Mr.Blackwell opposed. Action Taken:Mr.Tracy movedthatthebidsbe rejected,seconded byMr.Shinnandpassed with Mr.Tracy, Mr.Blessing,Mr.Shinn,and Mr.Blackwell in favor and Dr.Covey,Mr.Pearce,and Mr.Reese opposed. Staff was directed toprovide information on the costs ofrenting the equipment vs owning and maintaining the equipment for consideration next year. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS •SINKIUSE SQUARE -CINCO DE MAYO FIESTA The Moses Lake Business Association has requested the use of Sinkiuse Square from noon to 8 p.m. onSaturday,May 4 for aCinco De Mayo celebration which will include live bands,recorded music,food booths, Hispanic speakers,and other entertainment. Sally Goodwin,representing the Moses Lake Business Association,stated thatthey have started gettingcommitmentsfromsomeofthe bands butno performance times haveyet been set. Action Taken:Dr.Covey moved thatthe requesttouse Sinkiuse Square for aCincoDe Mayo celebration onMay4fromnoonto 8 p.m. be granted andthatcity picnic tables be provided,seconded by Mr.Tracy,and passed unanimously. n lfc£ )/&(? CINCO DE MAYO FIESTA The Moses Lake Business Association submitted a request fromthe organizersofthe CincoDeMayofestival for $2,500 from the tourism funds to help put on this event. Robert Lopez,representing the request,statedthatthissame typeof event takes place in Othello andthatcityhelpsoutwithsomefundingforthe event.He requested that Moses Lake help defray some of the f}expensesofputting onthis eventin Moses Lake.He mentioned that any funds theCouncil may provide would be matched by private donations. Dr.Covey pointedoutthatthere isa Hotel/Motel Tax AdvisoryCommitteewhichdiscusses the use oftourism funds. He mentioned that he would discuss this request withthe Committee and presentits recommendation to the Council. No action was taken by the Council. ALLIE ABBS SHORT PLAT -REIMBURSEMENT Ross and Betty Sterling have requested the cityreimburse them for the full cost oftree and stump removal and the entire preparationand installation ofthe sidewalk/bike pathalong theirpropertyat 1603 Marina Drive. 5823 CITY COUNCIL MINUTES:3 March 12, 2002 There was some discussion aboutthis issue, the factthatsidewalkand bike pathdevelopment along MarinaandGibbywasinstalledbythecitywithaTIBgrantandthatthepreviousownerofthispropertyrefusedtoprovidetheneededright-of-way sothecity could install theimprovements along his property.ImprovementstoGibbyandMarinathenbecametheresponsibilityofthepersonplattingtheproperty. Mr.Pearce pointed outthat the city realized somebenefit bythe removal ofthetrees since they were in the right-of-way. Action Taken:Mr.Pearcemovedthatthe Sterlings be reimbursed for thetree removal inthe amountof $10, 741,seconded by Mr.Shinn. Mr Tracy pointed outthat a number oftreeswere removed from Gibby Road,which doesnot involve thebikepath.He did not feel that reimbursement should be given for the trees removed from Gibby Road. V-/Dr.Covey wanted to know if the city realized any benefit from the removal ofthe trees on Gibby since there is no bike path in that area. Gary G.Harer,Municipal Services Director,stated that there isnow asidewalk onGibby and theremoval of the trees eliminated problems the citywas having with rootsinthe sewer mains. The motion passed unanimously. LENGENFELDER -SEWER LINE REPAIR Todd Lengenfelder stated that a problem wasdiscovered upon testing the sewer line during construction oftheresidenceat1036LagunaDrive.Sincethere isno problem in thesewermain and adequate flow fromthehouse,itwas determined thatthesidesewer service is probably wherethe problem islocated.Sincethisisapreviouslyunusedbutcity-approved sewer side service,he felt the city should pay for the repair. Mr.Blessing declared a conflictof interest and exited the room. There was some discussion by the Council and itwas recommended that Mr.Lengenfelder correct the problem andthen inform the Council ofwhatwas discovered. ORDINANCE -LPS ANNEXATION/ZONING -PUBLIC HEARING/2ND READING /OSf The LDS Church has requested the annexation of approximately 4acresof property on Nelson Road locatednorthofthecity's reservoir.The Planning Commission hasrecommended that the zoning for the property be R-1,Single FamilyResidential. The publichearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. The ordinance annexing property commonly known asthe LDS Church property,tothe City of Moses Lake,i )Washington,and incorporating the same within the corporate limits ofthe City of Moses Lake,and which — provides for the assumption ofexistingindebtedness was readby title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Dr. Covey,and passed unanimously. MOSES LAKE SENIOR CENTER Myrna Anderson,Executive Director,Moses Lake Senior Opportunityand Services,submitted a proposed budget for the year 2002.She requested an additional $10,000 to cover the short fall in the Senior Center budget. Action Taken:Mr.Blessing moved that an additional $10,000 be provided to the Senior Center for the year 2002 for recreational purposes,seconded by Dr.Covey. Mr.Pearce stated that he is opposed to providing this additional$10,000tothe Senior Center forthe followingreasons: itisa giftof public fundsand gifting is illegal;the original requestwas framed as a gift anditwill beusedforthegeneraloperatingexpensesofthecenter;the citydoes notgiftanyotherorganization;seniors are the wealthiest and wisest segment of our society and the Center should be managed so that funds from the cityare not needed; the Center services many peoplewho arecitizens of other localities and notcitizens of Moses Lake: and the Center has never submitted an accounting of how the city's money has been usedeven though ithas been requested thatthey do so. Dr.Covey mentioned thatthe money is essentially for the recreation programs for the seniorsandtheyareavaluablesegmentofthepopulationand shouldbe supported. Mr.Blessing pointedoutthatthe cityspends over$2 000,000ayearon parkand recreation activities andverylittleofthatisforseniorneeds.He pointed outthatthe Senior Center spendsover$200,000 a year for senior activities and so the $20,000 is not a significant part of that. Mr.Tracy was in favor of the motion but questioned the costs of some of the activities. Mr.Pearce stated thathe was opposed tothe cityfunds being used forsuch things as birthdayparties,bingo,\^J trips to the casino,trips to Mariner baseball games,and overnight trips. Mr.Reese was notopposed to the additional funds for the seniors but also feltthatthey couldbudgettheir funds better so that tney would not have to request funding from the city. Jim Whitaker,CityAttorney,pointedoutthatthe cityhas anexistingcontractfor recreational services for theseniorsegmentof the population through the Senior Center. This is an extension of that contractand the burden is on the Senior Center to provide the recreational services they promise to provide. The motion passed with Mr.Pearce opposed. ORDINANCES AND RESOLUTIONS ORDINANCE -NORTHLAND CABLE FRANCHISE -1st READING An ordinance was presented which provides a franchise for Northland Cable Television. //££ //v? /W<P J 5824 CITY COUNCIL MINUTES: 4 March 12,2002 The ordinance grantinga franchise to NorthlandCable Television, Inc.to operate and maintainacable system inthe Cityof Moses Lake and setting forth conditions accompanying the grant of franchise was read bytitle only. Action Taken:Mr.Tracy moved that the firstreading of the ordinance be adopted,seconded by Dr.Covey. Mr.Shinn objected to the customers having to pay a franchise fee for installation. James A. Whitaker, CityAttorney, explained that the franchise fee is based on gross revenues and gross revenues includes the installation fees and charges. The motion passed unanimously. i/jA,ORDINANCE-REPEALORDINANCE#1711AND#1717-DESERT LAKESPLANNEDUNITCOMMERCIAL f~\/fix*DEVELOPMENT DISTRICT N(XT ('• An ordinancewas presentedwhich repeals Ordinances#1711 and #1717 which established the Desert Lakes Planned Unit Commercial Development District No. 1.The area is being replatted and the planned unit development is no longer needed. The ordinance repealing Ordinance No.1711 and Ordinance No.1717 was read by titleonly. Action Taken:Mr.Shinn moved that the firstreading of the ordinance be adopted,seconded by Mr.Reese, and passed unanimously. REQUESTS TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS REQUEST TO USE MOSES LAKE COMMUNITY PARK -BOAT RACES The Seattle Outboard Association has requested the use of Moses Lake Community Park for boat races on May 11 and 12,2002.This would entail the closure of the boat launch from 9 a.m. to 7 p.m.each day.They also requested thattent camping be allowed ina designated area. The Parksand RecreationCommission recommended that the request be approved. Jerry Thaut,Parks and Recreation Director,statedthatthe Association was to provide documentation from the Sheriffs Office and the Department of Fish and Wildlife to the effect that they have no objections.That documentation has not yet been received. Itwas the consensus ofthe Council that the request be tabled till the next meeting. OTHER ITEMS FOR COUNCIL CONSIDERATION /Qof DESERT INVESTMENT CORP.-NOTICE OF INTENT TO ANNEX Desert Investment Corporation has submitted a Notice of Intention toCommence Annexation Proceedings (~*\with regard tothe property southof I-90 andadjacent to Division Street.[y Mr.Blessing declared a conflict of interest and exited the room. JimWhitaker, CityAttorney, pointedoutthatthe I-90right-of-wayadjacenttothis propertyshould be included inthe annexation,even though itwas not a partof the Notice of Intent. Mr.Pearce moved thatthe Notice of Intent be receipted and include the adjacent I-90 right-of-way,anditbeforwardedtothePlanningCommission,seconded by Mr.Tracy,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS REIMBURSEMENT CHARGES /0T7 ^Joseph K.Gavinski,City Manager,distributed a report ontheincrease in thecharges for the following water,'.sewer,andstreetimprovements-1997 sewerandwaterline project;Wapato Drive;signal atGrapeDrive anda\q\Valley Road;sewer line on Block Street,2000 water line project;2000 sewer line project;Yonezawa I'Boulevard,and Clover Drive. w*HIGHWAY 17 WIDENING PROJECT Joseph K.Gavinski,City Manager,stated thata study sessionhasbeen scheduled for Tuesday,March 19,at7 p m.with the Department ofTransportation in theCouncil Chambers todiscuss thewidening of Highway 17. SALES TAX/fRANSIENT RENTAL INCOME l&'^Joseph K.Gavinski,City Manager,reported that the city received $329,037.96 in sales tax and $13,142.08 in transient rental income in February 2002. 1030ft BUILDING ACTIVITY REPORT Joseph K.Gavinski,City Manager,distributed thebuilding activity report for February 2002. MULTI-AGENCY COMMUNICATIONS CENTER *\\G[o Joseph K.Gavinski,City Manager,statedthatduring theCouncil/staff retreat,the Council discussed the city s" 'desire for aseatonthe Board for the Multi-Agency Communications Center.The reason for the request is thatthecity pays asmuchormore than theGrant County Sheriffs Office,which hasaseatonthe Board.TheBoardalsowantstomake achangeinthe fee structure which will increasethe city'scost byabout$45,000.The existing fee structure issupposedto remain in effectthrough 2003.It isthe city's position thatsincethecitycontributesnearly1/3 ofthe operating cost ofthe MACC,the city should have a representative on the Board. Mr.Blessing stated that ifthecity's fees are toincrease by $45,000,thecity may want tolook into again doing its own dispatching. r^ o 5825 CITYCOUNCIL MINUTES: 5 March 12,2002 Mr.Tracy feltthat staff should lookinto providing itsown dispatching system. Dr Covey pointed outthat if the city pulls outofthe MACC a number ofothercities may contract with Moses Lake for dispatching service.Staff should takethat into account when determining thecostofa dispatching system. Mr.Reese stated that since the city pays over $400,000 to the MACC with no representation on the Board, the city should look into its dispatcn center. Mr.Gavinski pointed out that the city is required to provide notice by September 1in the year prior to the year itplans to discontinue participation in the MACC. Staff was directed to investigate a 911 service for the city and to look at the impact if other cities wish to contract with Moses Lake for the same service. PORT MEMBERSHIP TASK FORCE The Port of Moses Lake has requested the Council's participation on a railroad right-of-way task force./A Dr.Coveyand Mr.Shinnvolunteeredto serve on thistask force. The regular meeting was adjourned at 9:20 p.m. ATTEST:Mayor