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2002 08 13MOSES LAKE CITY COUNCIL August 13,2002 5881 Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Chris Blessing,Steve Shinn,Ron Covey,Richard Pearce MINUTES:Mr.Pearce moved that the minutes of the July 23 meeting be approved as submitted, seconded by Mr.Tracy,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved, seconded by Dr.Covey,and passed unanimously. [^_J Vouchers audited and certified bythe Finance Director as required by RCW 42.24.080,and those expense reimbursementclaims certified as required by 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 below list as modified by the Council and noted upon said list for the Council meeting of August 13,2002 for the funds listed below are approved in the amount of $1,016,011.45. GENERAL FUND $180,996.84 SANITATION FUND 109,598.49 TOURISM ACTIVITIES 15,965.01 AIRPORT 2,286.76 STREET 63,640.90 AMBULANCE SERVICE FUND 5,637.08 STREET REPAIR/RECON 57,798.00 UNEMPL COMP INSURANCE 1,085.84 STREET IMPROVEMENT 47,099.25 SELF INSURANCE 5,012.70 P & R IMPROVEMENT 79,905.71 CENTRAL SERVICES 12,092.02 WATER/SEWER 71,693.46 EQUIPMENT RENTAL 12,022.81 W/S CONSTRUCTION 305,596.37 BUILDING MAINTENANCE 45,580.21 TOTAL $1,016,011.45 Prepaid Claims: Prepaid claims approved by the City Manager accordingto the processestablishedbyMosesLakeMunicipalCode3.42.030 and the internal control policy approved by the City Council has been recorded on a listing whichhas been made available to the City Council.The claims listed below are approved in the amount of $23,105.97 for all funds. GENERAL FUND $2,892.75 BUILD MAINTENANCE 19,704.71 EQUIPMENT RENTAL 508.51 TOTAL $23,105.97 Prepaid Claims: Prepaid claims approved by the City Manager accordingto the processestablishedby Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City ^J Council has been recorded on a listing which has been made availableto the City Council.The claims listed below are approved in the amount of $10,345.52 for all funds. GENERAL FUND $6,045.52 EQUIPMENT RENTAL 4,300.00 TOTAL $10,345.52 Claim Checks:Checks 15397through 15585 issued on July 24,2002 through August 9,2002 were approved for payment at the Council meeting held on August 13,2002 in the total amount of $1,857,919.38. Payroll:The payroll issued on July31,2002 having been approved pursuanttothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 27256 through 27262 in the total amount of $1,883.28. Payroll:The payroll issuedonAugust2,2002 having been approved pursuant tothe rule ofthe City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 27263 through 27564 in the total amount of $93,714.17. EMPLOYEE PRESENTATIONS: DelRose Hoy, Public Works Department,was presented with a Waste Water Treatment Plant Operator Certificate. CONSENT AGENDA /O/A Request to Apply for Grant -Records Retention:Authorization was requested to apply for a 10/* Washington State Archives Local RecordsGrant Program.The funds would be usedto establishacity-wide system ofactiverecordsstorage,implementabackupsystem to microfilm and provide offsite backup of all records critical to city management,and gain control of inactive records. t \RequesttoApply for TIB Grant -Lower Peninsula Sidewalks:Authorization wasrequested toapply /OY^> —'for a TIB grant to construct a sidewalk/bicycle path along the east side of Lakeshore Drive fromWanapumDrivetoPommerStreet. The city's share would be 20% of the cost of the side walk/bicycle path and all the asphalt to widen the street. Resolution -Surplus Property:A resolution was presented declares property surplus and /0/7 authorizes its sale at public auction. Resolution -Accept Donation -Croy-Auerbach:A resolution was presented which accepts $100 /oyi? from Frances Croy-Auerbach as athank you for the services performed by Firefighter/Paramedic Chris Pfiefer and Firefighter/EMT Brandon Asher.The funds are to be used in the Fire Depart ment. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. 5882 CITY COUNCIL MINUTES: 2 August 13,2002 CONSIDERATION OF BIDS //fafa 2002 SEWER RELINING PROJECT The city received four bids for the 2002 Sewer Relining Project.The project consists of lining 3,950'of 8"concrete sewer line in the alley between Third Avenue and Broadway Avenue from Broadway to Broadway.Options were included to reline the 8"concrete sewer mains along Florence Street and Interlake Road.The low bid contained an irregularity in that the unit price for 50 tons of asphalt was incorrectly shown.The extended price was correctly shown and the unit price arrived atwas within the rangeofthe otherbidders.Staff recommended thatthe irregularity be waived and the bid be awarded to PEC,Inc. Action Taken:Dr.Covey moved that the irregularity be waived and the low bid and options be awarded to PEC, Inc. in the amount of $198,475.97,seconded by Mr.Reese,and passed unanimously. 119* /£00 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS PUD -UNDERGROUND UTILITIES -VARIANCE REQUEST On June 11,2002 the City Council granted a variance to the Grant County PUD allowing the PUD to reconstruct certain overhead lines without undergrounding them.After granting the variance, the city's consultants on the downtown revitalization and rehabilitation project recommended that the overhead lines be placed underground. Letters requesting thatthe overhead lines be placed underground have been received from Swartz Brothers Investments,LLC, Bar Car Investments,Chamber of Commerce,Chandler Properties, Red Rock Creek,Inc.,Danny Litowitz,Don Goodwin,Maiers Development Corp.,Vision 2020, Moses Lake Business Association,S & K Properties,Downtown Loan Co.,Inc.,and Robert M. Trask Agency,Inc. Ron Reese,PUD,statedthatameetingwas heldwith all the various utility companiesandcitystaff to discuss undergrounding the lines. At the meeting the PUD indicated they would support rescinding the variance request for overhead lines in the Third Avenue alley rebuild project. John Borkman,Qwest,stated that Qwest will support the Vision 2020 project and will also underground its facilities on East Broadway Extended when their budget allows. Ralph Kincaid,Vision 2020,commended the PUD on its decision to underground the lines down the alley. He pointed out,however,that the Chamber of Commerce and the Vision 2020 Commit tee would like all new or reconstructed lines to be placed underground. Action Taken:Mr.Tracy moved that the variance to allow the overhead rebuild on the Third Avenue alley project be rescinded,seconded by Mr.Pearce,and passed unanimously. ////REQUEST TO USE SINKIUSE SQUARE -BBCC/CBIS Big Bend Community College requested the use of Sinkiuse Square on August 16 from 11 a.m. to 1 p.m. in order to conduct a live radiobroadcast.The reason forthe broadcast is to promote the BBCC Center for Business and Industry Services and the short term training provided for individuals in the service district. Stephanie Eloff,Director,stated thatthey would onlyneed a small space inthe cornernearthe clock tower.They would need time to set up and take down the equipment. ActionTaken:Mr.Shinn moved that the request from Big Bend CommunityCollegeto use a portion ofSinkiuse Square nearthe Clock Tower on August 16 from 10 a.m.to 2 p.m.be approved, seconded by Mr.Reese,and passed unanimously. //77 RESOLUTION -AMEND SIX YEAR STREET PLAN -PUBLIC HEARING A resolution was presented which amends the Six Year Transportation Improvement Program by adding Yonezawa east of Highway 17 to Road L and Kittleson. The resolution to amend Resolution No.2455 Transportation Improvement Program for 2003 - 2008 was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Blessing moved that public hearing be closed,seconded by Mr.Tracy,and passed unanimously. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -MUNICIPAL BONDS -SINGLE READING An ordinance was presented which authorizes the issuance and sale of limited tax general obligation and refunding bonds. Joseph K.Gavinski,City Manager,statedthatthe amount being financed is actually $3,435,000. The city has received an offer to purchase the bonds from Martin Nelson &Co. n n n 5883 CITY COUNCIL MINUTES: 3 August 13,2002 Jim Nelson,Senior Municipal Underwriter for Martin Nelson &Co.,stated that for the 10 year bonds the average interest rate is 3.43%.The purpose of the bonds is for new improvements and refinancing the 1993 Aquatic Center debt. There was some discussion by the Council on the process. Cynthia Weed,Bond Council,Preston,Gates,& Ellis LLP,stated that selling bonds can be acomplex process as itinvolves dealing withstate,internal revenue, andsecuritylaws.She statedthatthey assisted the cityinthis bondissue.She pointedoutthatthe bondmarketchanges every day and so the final terms of the bond issue are not finalized until the last minute. That then requires a single readingofthe ordinance bythe Councilwhen the final numbers are known.She pointedoutthatthe cityis borrowing $3,435,000 andisobligatedto payitback atthe set rate.She \^J explained the process ofthe bond issue. The ordinance ofthe City of Moses Lake,Washington,authorizing the issuance and sale oflimited tax general obligation and refunding bonds of the City in the aggregate principal amount of $3,435,000 to provide funds forvarious capital purposes and to refund certain outstanding general obligation bonds of the City;authorizing the appointment of an escrow agent and the execution of an escrowagreement related to such refunding;providing the date,form and redemption provisionsofsaidbonds;providing for the disposition ofthe bond proceeds;providing for the annual levy of taxes to paythe principal of and interest on the bonds;approving an undertaking for ongoing disclosure;and authorizing the sale of bonds was readby title only. Action Taken:Dr.Covey moved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Pearce,and passed unanimously. ORDINANCES -TITLE 2 -ADMINISTRATION AND PERSONNEL -1st READINGS Ordinances were presented which clarifythe process of appointing members to the city's various commissions. Action Taken:Mr.Pearce moved thatthe ordinances be removed from the table,seconded by Dr. Covey,and passed unanimously. u The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled "Mayor and Council"was read by title only. ActionTaken:Mr.Pearcemovedthatthe first reading ofthe ordinance be adopted, seconded by Dr.Covey, and failed with Mr.Pearce,Mr.Reese, and Dr.Covey in favor and Mr.Blessing,Mr. Tracy,Mr.Shinn,and Mr.Blackwell opposed. The ordinance amending Chapter 2.44 of the Moses Lake Municipal Code entitled "Park and Recreation Commission"was read by title only. Mr.Pearce felt that without changing Chapter 2.08 the other changes should not be adopted as they refer back to Chapter 2.08. Mr.Tracy felt that the changes to the subsequent ordinances will be consistent with the existing language in Chapter 2.08. Dr.Covey requested clarificationon how the confirmation of an appointment would be make. James A.Whitaker,City Attorney,stated that itwould take four affirmative votes from the Council to confirm an appointment. Mr.Shinn felt that the term of service for the city's commissions should all be consistent at four year terms. Mr.Tracy was in agreement with the four year terms except for the Planning Commission. Mr.Whitaker pointed out that the six year term forthe Planning Commission comes from a state statute but as a code city,the city has some abilityto modify the terms. Action Taken:Mr.Tracy moved that the ordinance beamended to provide four year terms and the first reading of the ordinance be accepted,seconded by Mr.Shinn,and passed unanimously. The ordinance amending Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission"was read by title only. /^Action Taken:Mr.Tracy moved thatthe first reading ofthe ordinance be accepted,seconded by v—•Mr.Blessing,and passed unanimously. The ordinance amending Chapter 2.48 of the Moses Lake Municipal Code entitled "Planning Commission"was read by title only. Action Taken:Mr.Blessing moved that the first reading of the ordinance be accepted,seconded by Mr.Reese,and passed unanimously. The ordinance amending Chapter 2.50 of the Moses Lake Municipal Code entitled "Airport Commission"was read by title only. Action Taken:Mr.Blessing moved that the first reading ofthe ordinance be accepted,seconded by Mr.Tracy, and passed unanimously. /oe* 5884 CITY COUNCIL MINUTES:4 August 13,2002 J07S ORDINANCE -WATER AND SEWER CONNECTIONS -2nd READING An ordinance was presentedwhich clarifies the ownership limits ofwater mainsandwaterservicelines and deletes the requirement for street restoration. The ordinance amending Chapter 13.08 ofthe Moses Lake Municipal Code entitled "Water and Sewer Connections"was read by title only. Action Taken:Mr.Pearce moved that the second reading ofthe ordinance be adopted,seconded by Dr.Covey,and passed unanimously. Itil ORDINANCE -FIREWORKS -1ST READING ^ An ordinance was presented which prohibits the discharge of fireworks on New Years Eve and extends the prohibition on the sale offireworks from December 27 to December 31 as provided by amended legislation. The ordinance amending Chapter8.04 ofthe Moses Lake Municipal Code entitled "Fireworks"was read by title only. Action Taken:Mr.Reese moved that the first reading ofthe ordinance be accepted,seconded by Dr.Covey,and passed unanimously. /0$f ORDINANCE -ADJUST CORPORATE BOUNDARIES -1st READING An ordinance was presented which transfers to Grant County the right-of-way adjacent to ASPI Commercial Park South Short Plat and Patton Boulevard.In order for the transfer to be complete, the Grant County Commissioners must adopt a similar resolution or ordinance. Phil Bloom,Columbia Northwest Engineering,representing ASPI,stated that the Grant County Commissions have reviewed this proposed transfer and nave requested that a turn lane be included. A revised legal description has been providedto provide forthe turn lane requested by Grant County. The ordinance adjusting corporate boundaries of the municipality pursuant to RCW 35A.21.210 was read by title only. Action Taken:Mr.Blessing moved that the first reading ofthe ordinance be accepted,seconded by Mr.Tracy,and passed unanimously. .jl/JP ORDINANCES -VIB.TV AND ABACUS COMMUNICATIONS FRANCHISES -1st READINGS Ordinances were presented which extends to September 1,2002 the deadline for VIB.TV and Abacus Communications to accept the franchise granted to them by the city. The ordinanceamending Ordinance No.2061 granting a franchisetoVideo InternetBroadcasting Corporation to operate and maintain a cable system in the City of Moses Lake and setting forth conditions accompanying the grant of franchise was read by title only. Action Taken:Mr.Shinn moved that the first reading ofthe ordinance be accepted,seconded by Mr.Blessing,and passed unanimously. The ordinance amending Ordinance No.2052 granting a franchise to Abacus Communications, Inc. to operate and maintain a cable system in the City of Moses Lake and setting forth conditions accompanying the grant of franchise was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be accepted,seconded by Dr.Covey,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION £*AHMANN -APPEAL -SITE PLAN REVIEW P n Shane Ahmann,owner of the Caffee Me Up espresso stand located at 407 Melva Lane,has appealed the decision ofthe Planning Commission notto grant additional time for the paving of his property associated with the espresso stand.The paving is a performance standard that was required as part of the Site Plan review process.Mr.Ahmann first came before the Planning Commission on September 28,2000 with a Site Plan review application.The application was f~\approved by the Commission with few conditions.One of the conditions was that paving be ' required for the drive-through areaandalsothe employee parking area.OnOctober11,2001 the Commission heard a request from Mr.Ahmann to delay paving until 2003.The Commission permitted Mr.Ahmannto delay paving until June 30, 2002.Prior to the June 30,2002 deadline, Mr.AhmannrequestedthattheCommissionconsidereliminating the requirement topavethe area. The Commission,at their July 25,2002 meeting,reaffirmed their September 28,2000 decision that requires Mr.Ahmann to pave the drive through area and employee parking area for the espresso stand site. The Commission felt that the paving has already been delayed for morethan a year and this would not be allowed for new developments no matter the scale of development. Gilbert Alvarado,Community Development Director,stated that the Planning Commission determines that the city's development regulations are met for new projects.In new projects the cityrequires thatoff-street parking and driving surfaces be paved. The Commission did allow the paving to be delayed,even though delaying a development regulation is not really within their authority.The Commission has determined that paving must be accomplished by June 30,2002. 5885 CITY COUNCIL MINUTES:6 August 13,2002 Since Mr.Ahmann appealed that decision to the Council,staff has not yet issued any infractions to Mr.Ahmann.He pointed out that a request to eliminate a requirement of the performance standards is a variance ofthe zoning requirements which must be heard bythe Hearing Examiner. The reason itis before the Council at this time is because there is a provision in the Municipal Code that allows any decision by the Planning Commission to be appealed to the Council. Shane Ahmann stated that he willbe moving his stand in the near future and so does not want to pave the current location. He pointed out that he should have an agreement in hand from a different property owner and hopefully will be able to movethe stand by the middle of September. Mr.Tracy wanted to know the process if the Council denies the appeal. {^J James A.Whitaker,City Attorney,pointed outthat no extension ofthe pavina requirement should have been permitted bythe Planning Commission.The appealis from following the city'sbulk requirements which is not something the Council should consider.The Council can consider denyingthe appeal.IfMr.Ahmann will be atthe currentlocation for any appreciable time, he could request a variance from the bulk requirement. Eddie Huffman,owner of Perkin's Restaurant,stated that Mr.Ahmann has been in business for about two years and the second driveway is very dusty and it blows onto his property when the wind blows.He requested that the Council deny his request. Action Taken:Mr.Tracy moved that the decision of the Planning Commission be affirmed, seconded by Dr.Covey,and passed unanimously. AMBULANCE PURCHASE The cityhas been offered a used ambulance previously owned by Central Grant Medic One for$75,000.Licensing will costabout$6,000 and painting trie ambulance will cost about $2,800.The cityhas budgeted $73,000to purchaseanambulancethatisnotofthe same quality.The cityhas sufficient funds to purchase the ambulance due to the savings realized in purchasing other equipment. Joseph K.Gavinski,City Manager,stated that the ambulance is a 2001 model with 20,000 miles. There was some discussion by the Council. Action Taken:Dr.Covey moved that staff be authorized to purchase the ambulance,seconded by Mr Pearce,and passed unanimously. AMBULANCE AGREEMENT -CENTRAL GRANT MEDIC ONE K^J The City Manager has signed an agreement with Central Grant Medic One to cover its transport responsibilities while it reorganizes. There is no financial responsibility on the part of the city. Ratification of the City Manager's signature on the agreement was requested. Action Taken:Dr.Covey moved that the City Manager's signature on the contract be ratified andthecontracttermbe extended to September 10,2002,provided the termextensionis acceptable to Central Grant Medic One, seconded by Mr.Reese, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS PARKS AND RECREATION COMMISSION Mr.Pearce recommended that Mr.Romenski's cease his activities on the Parks and Recreation Commission until the case filed against him in Grant County Superior Court is resolved. MANTA RAYS Mr.Blackwell stated that the Moses Lake Manta Rays have thanked the city for its help during their recent swim meet and have provided a certificate to the city. JALPAK Mr.Blackwell mentioned that pictures have been taken ofthe visit from the JalPak delegation WALK ACROSS WASHINGTON u Mr.Blackwell mentioned thatthe Walk AcrossWashington will take placeon September 30,2002 in Moses Lake.This event is sponsored by the Association of Washington Cities. GIFT FROM KOREA Mr.Blackwell stated that Terry Brewer,Grant County Economic Development Council,recently visited Gun-Po,South Korea.The Mayor of Gun-Po,YoonJoo Kim,sent the cityavase as a gift. Gun-Po is a cityof250,000 andthey are looking for trade situations.Mr.Blackwell will be sending a letter to Mayor Yoon Joo Kim inviting him to visit Moses Lake. CITY MANAGER REPORTS AND COMMENTS BUILDING ACTIVITY REPORT The building activity report for July 2002 was presented. /o/7 J/3? /07/ /O/cZ /D*/(* /O30 /) 5886 CITY COUNCIL MINUTES:6 August 13,2002 |7^DUI COST RECOVERY Joseph K.Gavinski, City Manager,stated that the cityisworking with the Grant County Prosecuting Attorney's Office inan attempt to recover some ofthe costs involved in DUI cases.The county will implement a program where the offender will reimburse the city $100 for every DUI conviction or deferral,which is acceptable to the city. /isM The Gambling Tax report shows that the city received $74,268.03 for the second quarter of 2002. iq03 INVESTMENT REPORT — The investment report shows the city received $25,590.07 in income for July 2002. SALES TAX/TRANSIENT RENTAL INCOME GAMBLING TAX REPORT //$(*> IDS1/ 117} jlSie Joseph K.Gavinski, City Manager,reported that the city received $279,881.99 in sales tax and $27,683.32 in transient rental income in July2002. //3b WATER PRORATION Joseph K.Gavinski,City Manager,provided information on the prorating of water bills from various jurisdictions. FINANCIAL REPORTS A letter was submitted from the office of the Washington State Auditor which explained that the city is required to follow the Category 1 manual for reporting its utilities but may follow the Category 2 manual for the remainder of its financial operations.To avoid the need for following two manuals, the city may choose to follow the Category 1 manual for both governmental and utility activities. SURVEYING AND RATING BUREAU The Washington Surveying and Rating Bureau has given the city a Class 5 rating with regard to fire insurance classification.This rating includes the Wheeler Road Corridor area.Afull report on the deficiencies outlined in the rating will be provided at the Council/staff Retreat. MULTI-AGENCY COMMUNICATIONS CENTER Joseph K.Gavinski,City Manager,stated that the agreement has been signed which allows the city a seat on the Multi-Agency Communications Center Board.The Council should consider appointing a person to that seat.Also,with the 2002-2003 user fees,which are based on usage, the city's fees went down.Part ofthat isdue to a grant which MACC received. Herecommended that the Council suspend the consideration ofthe city doing its own dispatching. There was some discussion by the Council and it was the consensus not to continue with the city's own dispatching facility.The Council felt that the city should pay the fees to MACC but indicate displeasure with the methodology of the fee structure. SNOW PLOWING Joseph K.Gavinski,City Manager,stated that a state statute indicates that the city is responsible for removing snow from state highways that run through the city and the state is responsible for plowing snow "when necessary".On Broadway,the state has been plowing the snowto the center of the street and the city removed it.The state is now taking the position that snow plowing and snow removal are one and the same and the term "when necessary"is when the state determines the cities don't have enough snow plowing equipment to do the job.The city has requested clarification from the state as to what "when necessary"means and the standards for determining "when necessary".He mentioned that the city does not have the equipment or manpower necessary to take over the snow plowing and,therefore,under the statute,the state should still be doing the snow plowing on Broadway.Direction from Council was requested. There was some discussion by the Council.It was the consensus of the Council that the state should be responsible for Broadway,as it has been in the past,since the city does not have the manpower or equipment to take on the task.Staff was directed to continue discussing the issue with the Department of Transportation and to also contact the state legislators about this problem. The regular meeting was adjourned at 9:55 p.m. ATTEST:Ivtayor Ca^<r '