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2002 04 23^J u u 5838 MOSES LAKE CITY COUNCIL April 23,2002 Council Present: Lee Blackwell,Larry Tracy,Steve Shinn, Brent Reese,Chris Blessing, Ron Covey and Richard Pearce MINUTES:Mr.Pearce moved that the minutes of the April 9 meeting be approved as submitted,seconded by Mr.Shinn, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Blessing moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Reese,and passed unanimously. Vouchers auditedand 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 recordedon a listing which has been made available to the City Council. Claims:The vouchers included on the below listas modified by the Council and noted upon said listforthe Council meeting of April 23, 2002 for the funds listedbeloware approved inthe amount of $389,870.51. GENERAL FUND STREET STREET REPAIR/RECON EQUIPMENT LEASES STREET IMPROVEMENT PARK &REC IMPROVEMENT WATER/SEWER 1996 BOND REDEM.FUND W/S CONSTRUCTION WATER/SEWER LEASES $82,511.40 STATE WATER POL D/S 40,602.09 60,194.03 SANITATION FUND 38,718.25 30,418.63 AMBULANCE SERVICE FUND 6,152.70 4,960.95 AMBULANCE DEBT SERVICE 558.85 1,758.45 UMEMPL COMP INSURANCE 375.00 18,484.77 SELF INSURANCE 6,898.74 38,227.15 CENTRAL SERVICES 6,752.08 333.00 EQUIPMENT RENTAL 40,953.11 232.19 BUILDING MAINTENANCE 9,015.07 2,724.05 TOTAL $389,870.51 Prepaid Claims:Prepaid claimsapprovedbythe City Manager according tothe processestablishedbyMosesLakeMunicipalCode3.42.030 and theinternal control policy approved bytheCity Council hasbeen recorded on a listingwhich has been made available to the CityCouncil.The claims listed below are approved inthe amount of $4,772.15 for all funds. GENERAL FUND WATER/SEWER $4,377.97 8.68 AIRPORT TOTAL 385.50 $4,772.15 Prepaid Claims:Prepaid claimsapprovedbytheCityManager according tothe processestablishedbyMosesLakeMunicipalCode3.42.030 and theinternal control policy approved by theCity Council has been recordedon a listing whichhas been made available to the CityCouncil.The claims listedbeloware approved inthe amount of$8,727.65 for all funds. GENERAL FUND $6,332.84 WATER/SEWER 961.23 SANITATION FUND 23.54 AMBULANCE SERVICE FUND 236.35 CENTRAL SERVICES EQUIPMENT RENTAL BUILDING MAINTENANCE TOTAL 588.81 264.38 329,59 $8,727.65 Claim Checks:Checks 13969 through 14162 issued on April2,2002 through April 18,2002 were approved for payment at the Council meeting held on April23, 2002 inthe total amount of $821,065.54. Payroll:The payroll issued on April 12,2002 havingbeen approved pursuantto the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 25176 through 25356 inthe total amount of$58,415.30. PROCLAMATIONS The proclamationdeclaring Saturday, May11,2002 as LetterCarrier'sFood DriveDaywas read initsentirety. The proclamation declaring the month of April as National Kite Month was read in its entirety. EMPLOYEE PRESENTATIONS -None CONSENT AGENDA Requestto AppIv for Grant - Police Department:The Police Department requested authorization to apply fora grant fromthe Washington State Traffic Safety Commission. The funds would be used forovertime pay for traffic enforcement. Resolution -Accept Donation -Moses Lake Clinic: A resolution was presented which accepts a donation of $800 from the Moses Lake Clinic.The funds are to be used inthe Parks and Recreation Department forthe Fun Run. Resolution -Accept Donation -Moses Lake Youth Soccer Association:A resolution was presented whichaccepts a donation of $1,500 from the Moses LakeYouthSoccer Association.The fundsareto be used for additional equipment at the Kvamme Soccer Complex. Resolution -Accept Easement-Russell Major Plat:Aresolution was presented which accepts an easement /0/3 for municipal purposes as partof the Russell Major Plat.The easement will allowthe 6'wide sidewalk andhydrantadjacenttoLot2,Russell Major Plat,tobe constructed. ActionTaken:Dr.Covey movedthatthe ConsentAgenda be approved,seconded by Mr.Pearce, and passed unanimously. CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS SIDEWALKS -SENIORS Bill Kaddatz submitted a letter concerning the situation of his mother and her sidewalk.The city sent her aletterabouttherequirementtorepairhersidewalk.She paid her neighbor $500as he told herhe would take care of her sidewalk and his own, but nothing has been done.Mr.Kaddatz feltthat the city should establish a fund to pay forthis type of repair for senior citizens. /«-? //7? /0¥S 5839 CITY COUNCIL MINUTES: 2 April 23,200 Gary G.Harer,Municipal Services Director,stated that Mr.Kaddatz is requesting the cityto fund those improvements for senior citizens.The staff did refer him to the U. S.Department of Agriculture which may be able to provide some assistance under their rural development program. The letter from the city that was sent to Ms.Kaddatz was read. No action was taken by Council. ORDINANCES AND RESOLUTIONS /Qp.-?ORDINANCE -PARKING REGULATIONS -2ND READING An ordinance was presented which provides a loading zone on ChestnutStreet for the Chestnut Grove —^ RetirementApartments.() The ordinanceamending Chapter 10.12 ofthe Moses Lake MunicipalCodeentitled"Parking Regulations"was read by title only. Action Taken:Mr.Blessing moved that the second reading of the ordinance be adopted,seconded by Mr. Tracy,and passed unanimously. ORDINANCE -WATER/SEWER RATES - 2nd READING An ordinance was presented which amends the water/sewer rates. The ordinanceamending Chapter 13.12ofthe Moses Lake Municipal Code entitled"Water and Sewer Rates" was read by title only. Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr. Pearce. Mr.Shinn stated that he opposed the adoption of the ordinance as he felt a study session is needed.He submitted a list of the reasons he felt a study session is needed. Action Taken:Mr.Shinn moved that the ordinance be tabled untilafter a study session is held,seconded by Mr.Blessing,and passed withMr.Shinn,Mr.Blessing,Mr.Tracy,and Mr.Blackwell infavor,and Mr.Pearce, Mr.Reese,and Dr.Covey opposed. A study session was set for May 14 at 6 p.m. ORDINANCE -LPS CHURCH ANNEXATION -SINGLE READING An ordinancewas presented which amends the ordinance providing for the annexationof the LDS ChurchpropertyonNelsonRoadbyamendingthelegaldescriptiontoexcludetheright-of-way of Nelson Road. The ordinance amending Ordinance No.2054 annexing property commonly known as the LDS Church ^^property,totheCity of Moses Lake,Washington,and incorporating thesamewithin thecorporate limits ofthe ()City of Moses Lake,andwhich provides for the assumption of existing indebtednesswas read by title only. Action Taken:Mr.Tracy moved that anemergency be declared and the ordinance be passed ona single reading,seconded by Mr.Blessing, and passed unanimously. ORDINANCE -PARKING REGULATIONS -1st READING An ordinance was presented whichremoves the 2-hourparking restriction on AlderStreet between Fourth Avenue and Fifth Avenue. The ordinanceamendingChapter10.12ofthe MosesLakeMunicipal Codeentitled"Parking Regulations"was read by title only. Paul Templeton, 418 S.Alder,Apt. A, stated that he wouldlikethe two hour parking signs removed so theparkingstripcanbemoreeasilymaintained.He mentioned that thetwo hour restriction isnot being enforced in this area anyway. ActionTaken:Mr.Reese moved thatthe first readingof the ordinance be adopted,seconded by Dr.Covey, and passed unanimously. ORDINANCE -UTILITY OCCUPATIONAL TAX -1st READING An ordinance was presented which reduces the utility tax on cable TV/telecom from 8% to 3%. The new franchise agreements require paymentofa frachise fee of 5%,whichis intendedto replace5%ofthe utility tax. The ordinanceamending Chapter3.30ofthe Moses Lake Municpal Code entitled"Utility Occupational Tax" was read by title only. Action Taken:Dr.Covey moved thatthe first reading oftheordinance beadopted,seconded byMr.Pearce, and passed unanimously. ORDINANCE -INTERIM DOCKETING -1st READING C^) An ordinance was presented which provides a process for considering amendmentstothe Comprehensive Plan prior tothe adoption ofthe development regulations. The ordinance creating Moses Lake Municipal Code Chapter 19.55 entitled "Comprehensive Plan and Development Regulations Amendments"was read by title only. Gilbert Alvarado,Community Development Director,explained thatthe city has received requests for rezonesandlandusedesignationchanges.Under the Growth Management Act,development regulations areto be adopted after adoption of the Comprehensive Plan.Those development regulations have not yet been adopted and there is no process in placeto address the requested zone changes and landuse designationchanges.This ordinance would establish a process for considering those requests prior to adoption ofthe development regulations.Hementionedthata feeof$500is proposed for anyapplication for achangeinthe Comprehensive Plan which covers the cost of publications and staff time. There was some discussion by the Council on the cost and itwas feltthe application fee should be reduced to $200. /07S 10ft /03i7 •/& r-L LJ 5840 CITY COUNCIL MINUTES:3 April 23,200 Action Taken:Mr.Pearce moved that the application fee be reduced to $200 and the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. Staff was requested to research costs foran amendment to the Comprehensive Plan. ORDINANCE -VIB.TV FRANCHISE -1st READING Anordinance was presented which grants a franchise toVideo Internet Broadcasting of Ephrata,dba VIB.TV to provide cabletelevision andvideoservices in the city. The ordinance granting a.franchise toVideo Internet Broadcasting Corporation to operate and maintain acablesystemintheCityofMosesLakeandsettingforthconditionsaccompanyingthegrantoffranchisewas read by title only. Action Taken:Mr.Tracy moved that the first reading oftheordinance be adopted,seconded by Dr.Covey, and passed unanimously. RESOLUTION -RUSSELL HOTEL -WASHINGTON RURAL DEVELOPMENT LOAN FUND ~yyf A resolution was presented which authorizes the city to submit an application for a Washington Rural Development Loan on behalf of Russell Hotel,Inc. Joseph K.Gavinski,City Manager,statedthatthisisa program sponsoredbythe State ofWashingtonusing federal dollars. The loans are for economic development purposes with the idea of creating jobs. DickOlin,OfficeofCommunity Trade and Economic Development, stated thatthe loanwill helpcreate about 15 jobs and increase the tax base. There is no liability to the city. The resolution of the City Council of the Cityof Moses Lake, Washington,authorizing submission of an application for a Washington Rural Development Loan Fund Grant in the approximate amount of $405,000andauthorizingthe CityManagerto enter into an agreement for such funding was read bytitleonly. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Dr.Covey,and passed unanimously. REQUESTS TO CALL FOR BIDS U.S.BANK PAVER PROJECT Staffrequested authorization tocall for bidsfor the installation ofconcrete pavers,decorativelights,trees,tree wells,irrigation system,and trash containersat the cornerof Third Avenue and AlderStreet at the request of U.S.Bank.The estimatedcost oftheproject is $85,000,of which U.S. Bankwill pay$17,000.The totalamountinthebudgetforpaverprojectsis$60,000 butthereis$140,000 for stormwaterpipe repairs,ofwhich$25,000 was used to clean the city storm water pipe on the Safeway Store property.Storm water pipe cleaning can be halted andthose funds canbe used for paver projects. I ) GaryG.Harer,Municipal Services Director,pointed out that paverprojectsare initiated by property owners^-^so trie city has no idea howmuchto budget.The $60,000 which wasbudgeted is notenoughtocoverthis project. He mentioned that there may be other projects requested. There wassome discussion bythe Council and itwas pointed outthat participation onthe part ofthe city is at the discretion of the Council. Action Taken:Mr.Pearce moved that staff be authorized to call forbids,seconded by Mr.Shinn, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION COMMUNITY STANDARDS -CURB RAMPS Staff is requestingthatthe CommunityStandards be amended to allow colored concrete curbs,rather thanpavers,for the handicapped ramps in the downtown area.Federal regulations require atactile surface change inall rampsso thatthe blind areableto tell theyareona ramp.A tactile changecanonlybe achieved with concrete. Action Taken:Mr.Tracy moved that the Community Standards be amended to allow the use of colored concrete for curb ramps,seconded by Mr.Reese, and passed unanimously. LAKESIDE DISPOSAL -CONTRACT AMENDMENT Authorization was requested for the City Manager to sign an amendment to the contract with Lakeside Disposal.The amendment would allow Lakeside to begin garbage pickup at 6 a.m. in residential areas. Currently there is no time limit for pick up in commercial areas and Lakeside is proposing to begin pick up at 5 a.m. ^J Action Taken:Mr.Tracy moved that the City Manager be authorized to sign the contract amendment, seconded by Mr.Blessing,and passed unanimously. LELAND CONSULTING -DOWNTOWN REVITALIZATION Authorization was requested for the City Manager to sign the contract with Leiand Consulting for the professional services necessary to develop a plan to enhance the downtown area. Mr.Tracy pointed out that the contract does not address who willbe administering the contract for the city. Joseph K.Gavinski,City Manager,stated that work will be done through the Vision 2002 and Moses LakePartnersgroupsandtheCityManager's office will be responsible for seeing that tasks are done according to the contract. Mr.Tracy feltthat paragraph 8 should be amended to delete "in the event of substantial failure to perform" and that the last sentence in paragraph 15 should be deleted. There was some discussion by the Council. /oys //&? )OfJ> //07 I/B9 /mi /llsCe \\q°\ /009 5841 CITY COUNCIL MINUTES: 4 April 23,200 ActionTaken: Dr.Covey moved the contract be changed under paragraph 2 to provide that the CityManager is responsible for administering the contract,that paragraph 8 be amended by deleting "substantial", paragraph 15 be amended bydeletingthe lastsentence,the revised schedule beincludedinthe contract,and the City Manager be authorized to sign the agreement,seconded by Mr.Blessing,and passed unanimously. CENTRAL GRANT MEDIC ONE -AGREEMENT An agreement between the cityand Central Grant MedicOne was presented.The agreement provides thatthecitywouldcoverthe transport responsibilities forCentralGrant Medic One while itreorganizes. Astimewas ofthe essence,the City Managerhas signedthe agreementwith the understandingthatthe Council must approve the terms. Joseph K.Gavinski,City Manager,pointedoutthat this agreement providesthatthe citywill answer anycalls ^_ that would normally go to Grant MedicOne and the agreement is onlygood for30 days from April 12.() Dick Maier, on behalfof Barbie Maier,partner in Central Grant Medic One,wanted to knowwhatconsideration Central Grant Medic One would receive under this contract and ifthere are any other contracts in existence or pending between the cityand Central Grant MedicOne or any of its partners, what rates the citywould charge while covering for Central Grant Medic One,and ifthe city had increased staff to meet its obligations under this contract. Mr.Gavinski stated that the consideration Central Grant Medic One is receiving is that the city willcover its calls,there are no other contracts bewteeen the city and Central Grant Medic One,the city will charge its existing rates,and no additional staff was hired by the city. Action Taken:Mr.Pearce moved that the City Manager's signature on the agreement be ratified,seconded by Dr.Covey,and passed unanimously. INSURANCE PROGRAM A report was presented which outlined the costs for the city's insurance coverage. Joseph K.Gavinski, CityManager,mentioned that the citycurrently has an umbrella coverage of$3,000,000.The city could obtain an umbrella coverageofupto $5,000,000.The premium forthe $5,000,000 would be $8,550. Action Taken:Dr.Covey moved that the city increase its coverage to $5,000,000,seconded by Mr.Shinn, and passed unanimously. Mr.Gavinski mentioned that there is no additional costfor the added earthquake coverage. RAILROAD RIGHT-OF-WAY The AirportCommission has reviewed a conceptual plan which would route railroad right-of-wayon property adjacent to the Moses Lake Municipal Airport.The Commission has recommended that any railroad route be located to the south of the Municipal Airport. Mr.Pearce explainedthe proposed route ofthe railroad right-of-way and the route preferred bythe Airport Commission.The Commission is requesting the Council support the route to the south of the Municipal Airport. Dr.Covey pointed outthatthe railroad isalso looking at placing thespur north ofthisarea orbringing a spur in from Ephrata. There was some discussion by the Council and it was pointed out that the location of the railroad is in itspreliminarystages andtheyhaveasked for input onthe proposed route. Action Taken:Mr.Shinn movedthat the Council inform the railroad that the citywouldpreferthe railroad tobeplacedtothesouthofthecity's Municipal Airport,rather than onthe north side,seconded by Mr.Reese, ana passed unanimously. WATER/SEWER SERVICE -FAMILY SERVICES OF GRANT COUNTY Family ServicesofGrantCounty,locatedon Craig Boulevard,has requested tohookto city waterand sewer. AnExtraTerritorial Utility Agreement would be required priorto connection to city services. JimWhitaker,City Attorney,pointed outthat,due tothe Supreme Court's ruling,there are manyunresolved issues concerning futureannexations. The city'scurrent policy relieson petition annexations beingallowedtoproceed.Staffis recommending thatthe city makenochanges in itspolicy becauseofacase in Thurstoncountydealingwiththeprovisionofutilitiesbeyondthecity's limits in itsUGA.Itissuggested thatnoaction be taken on thisrequest until the next meeting when the city mayhave some inclination ofany action theSupremeCourtmaytake onthe city's requestfor reconsideration oftheirprevious decision. There was some discussion by the Council. Action Taken:Mr.Tracy moved thatthe requesttoextendwater/sewer serviceto Family ServicesofGrant Countybe tabled,seconded by Dr.Covey,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS PUBLIC.EDUCATIONAL GOVERNMENTAL (PEG)ACCESS COMMUNITY MEDIA Michael ScottMcGinn,9871 Maple Drive NE,representingthe Video MakersClub,stated thattheyare intheprocessofformingapublic,educational,governmental access program.He would like to request some funding for this project. Aletter submitted by Mr.McGinn wasread.The letter also requested theamount offranchise fees received bythe cityand whatthe citydoes with those funds. No action was taken by the Council. COUNCIL QUESTIONS AND COMMENTS RECORDING OF COUNCIL MEETINGS Mr.Blackwell mentioned that recordingofthe Council meetings will begin next month and itwill cost about $250 per month. r\ n 5842 CITY COUNCIL MINUTES: 5 April23,2002 Mr.Shinn felt the city should coverthe cost of this program. There was some discussion and staffwas directed to investigate costs and any rules concerning the set up of the equipment,etc. CITY MANAGER REPORTS AND COMMENTS AMBULANCE REPORT //J 9 The ambulance reportas of March 31, 2002 was presented. INVESTMENT REPORT //0O3 I J The investment report shows the city received $22,117.08 in income for March 2002. TRAFFIC REPORT ^ f/79Thereport on traffic citations for March 2002 was provided. AIRPORT COMMISSION FINANCIAL REPORT /0OG> Joseph K.Gavinski, City Manager, distributed the financial reporton the Municipal Airport. FINANCIAL REPORTS Joseph K.Gavinski, City Manager, distributed the first quarter financial reports for2002. COUNCIL/STAFF RETREAT MINUTES /A 93 The minutes of the 2002 Council/staff retreat were presented. Action Taken:Dr.Covey moved that the minutes be approved as submitted,seconded by Mr.Shinn, and passed unanimously. The regular meeting was recessed at 9:10 p.m. and the Council met in an executive session to discuss litigation.The executive session was adjourned at 9:45 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 9:45 p.m. ATTEST: u u