2002 08 27^J
^J
u
5886
MOSES LAKE CITY COUNCIL
August 27,2002
Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Chris Blessing,Steve Shinn,Ron
Covey,Richard Pearce
MINUTES:Mr.Pearce requested thatthe minutes ofAugust 13 be changed to reflecthis request
that Mr.Romaneski step down from the Parks and Recreation Commission untilhis lawsuits are
settled.
Mr.Pearce movedthat the minutes of the August 13 meeting be approved as amended,seconded
by Dr.Covey,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Reese,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and thoseexpensereimbursementclaimscertifiedasrequiredby 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 27,2002 for the funds listed below are approved in the
amount of $1,816,670.31.
GENERAL FUND
TOURISM ACTIVITIES
STREET
STREET REPAIR/RECON
EQUIPMENT LEASES
GOB 1993 REDEMPTION
1998 REFUNDING GOB
P & R IMPROVEMENT
WATER/SEWER
$54,354.22
28,553.97
15,837.79
808.50
8,645.48
202.97
302.71
10.00
1,556,758.74
1992 BOND FUND 202.40
1994 BOND FUND 185.13
W/S CONSTRUCTION 151.28
WATER/SEWER LEASES 2,973.19
SANITATION FUND 7,532.49
AMBULANCE SERVICE FUND 59,215.05
CENTRAL SERVICES 9,952.91
EQUIPMENT RENTAL 66,164.03
BUILDING MAINTENANCE 4,819.45
TOTAL $1,816,670.31
Prepaid Claims: Prepaid claims approved by theCityManager according to the process establishedbyMosesLakeMunicipalCode3.42.030 and the internal control policy approved by the City
Council has been recorded on a listing which has been made available to the City Council.The
claims listed below are approved in the amount of $886.16 for all funds.
GENERAL FUND $86.16
Prepaid Claims: Prepaid claims approved by theCity Manager according to the process established
by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the CityCouncilhas been recorded on a listing which has been made available to the City Council.The
claims listed below are approved in the amount of $10,843.57 for all funds.
GENERAL FUND $1,692.75
TOURISM ACTIVITIES 103.43
STREET 8.71
STREET REPAIR/RECON 4.90
P & R IMPROVEMENTS 4.27
WATER/SEWER 8,026.09
W/S CONSTRUCTION 4.89
AMBULANCE SERVICE FUND 99.50
CENTRAL SERVICES 272.69
EQUIPMENT RENTAL 626.34
TOTAL $10,843.57
Claim Checks:Checks 15586through 15859 issued on August 13,2002 through August 21,2002
were approved for payment at the Council meeting held on August 27,2002 in the total amount of$1,593,619.12.
Payroll:The payroll issued onAugust 16,2002 having been approved pursuant tothe rule oftheCityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid bychecks27565 through
27862 in the total amount of $90,378.88.
EMPLOYEE PRESENTATIONS:None
PROCLAMATION
The proclamation in observance of the tragedy of September 11,2001 was read by title only.
The proclamation will be givento John Cruz,who is returning to Ground Zero. The Fire Depart
ment will provide a T-shirt andthe Police Department will also provide a T-shirt signed by all the
officers and a patch.
CONSENT AGENDA
Resolution - AcceptWork- 2002 Paver Project:A resolution was presented which acceptsthe /O/S
sidewalk improvements for the Central Bonded Collectors Paver Project.
Resolution - Release Easement-Larson Water:A resolution was presented which releasesan /0/3
easement for a water main in the Larson Housing area.The easement is being released as a
result of relocating the water main.
Resolution -Abandonment of Easement -Set Date to Consider:A resolution was presented which /-?X3
sets the date for a public hearing to consider the abandonment of an easement on Lots 1-5,
Garden Heights Addition.
VJA
5887
CITY COUNCIL MINUTES: 2 August 27,2002
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Shinn,
and passed with Mr.Blessing abstaining from voting on the resolution to set the date fora public
hearing on the abandonment of the easement on Lots 1 - 5,Garden Heights Addition.
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
l\<tf COMMUNICATION -HOUSING CODE
A letter signed by 48 people was submitted which objected to the condition of areas in the city,
mainly non-working cars,debris,and the lack of a housing code in the city.^—\
Mr.Pearce pointed out that there are a number of codes in the city addressing abandoned cars,
debris,and other issues.
Mr.Tracy also felt that the existing codes would address the issues raised by the letter.
Richard Cole,Building Official,stated thatonAugust 1,2002,the ordinance adopting the Uniform
Housing Code went into effect.This code addresses some of the issues raised,such as tarps on
the roof,siding falling off,etc. The enforcement of these types of codes isadelicate issue andthe
City Council is the Board of Appeals for the Uniform Housing Code.
Dr.Covey mentioned that an issue may be aesthetics or appearance of a home or lot.
Mr.Cole pointed out that the City's two Code Enforcement Officers do a good job addressing
garbage,debris,weeds,abandoned vehicles,etc.
There was some discussion by the Council and it was felt that existing codes would address the
problem.
No action was taken by Council.
/Q/J ABANDONMENT OF EASEMENT -LAKE BOWL
Robert Russell,Lake Bowl,requested the abandonment of the easement along the east lot line
separatingLot1 from Parcel Bofthe Russell Major Plat inordertoplace a storage building atthis
location.The only utilities in this easement are electrical and the PUD has indicated they have no
problem with the abandonment ofthe easement.
James A.Whitaker,City Attorney,stated that if the Council agrees with the abandonment of this
easement,a resolution should be adopted to begin the process.r\
Action Taken:Dr.Covey moved that staff be directed to draft a resolution to begin the process to
abandon this easement,seconded by Mr.Blessing,and passed unanimously.
/Q<-/S~SIDEWALK REPAIRS
Bill Kaddatz submitted a letter concerning sidewalks that are difficult for handicapped persons to
use but do not meet the criteria for requiring repairs.
Mr.Kaddatz statedthat people in wheelchairs havea difficult time with sidewalksthatare raised,
sunken,spalied,cracked,etc.He mentioned that the existing handicapped ramps can also be
difficult to use.He suggested that the existing 1"minimum difference in sidewalk sections be
lowered to Vz.
Gary Harer,Municipal Services Director,stated that the city established what was felt to be a
reasonable criteria for sidewalk repair and/orreplacement forthe last several years.He mentioned
that it is expensive to replace a sidewalk and a 1"difference in sidewalk level was established
because itis definitely a tripping hazard.He distributed the City's policy on sidewalk repair and/or
replacement.
There was considerable discussion by the Council and it was felt the existing policy should be
enforced.
O&Z
ORDINANCES AND RESOLUTIONS
ORDINANCES -TITLE 2 -ADMINISTRATION AND PERSONNEL -2ND READINGS
Ordinances were presented which clarify the process of appointing members to the city's various
commissions.
The ordinance amending Chapter 2.44 of the Moses Lake Municipal Code entitled "Park and
Recreation Commission was read by title only.
Dr.Covey pointedoutthatthe change to fouryear terms forthe Parkand Recreation Commission
was not reflected in the ordinance.
Action Taken:Mr.Shinn moved that the ordinance be amended to provide for four yearterms for
the Park and Recreation Commission and the second reading of the ordinance be adopted,
seconded by Mr.Blessing,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.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Tracy, and passed unanimously.
n
5888
CITY COUNCIL MINUTES:3 August 27,2002
The ordinance amending Chapter 2.48 of the Moses Lake Municipal Code entitled "Planning
Commission"was read by title only.
Action Taken:Mr.Tracy moved that the second reading of the ordinance be adopted,seconded
by Mr.Shinn,and passed unanimously.
The ordinance amending Chapter 2.50 of the Moses Lake Municipal Code entitled "Airport
Commission"was read by title only.
ActionTaken:Mr.Blessing moved that the second readingof the ordinance be adopted,seconded
by Mr Tracy, and passed unanimously.
U ORDINANCE -FIREWORKS -2ND READING .._
An ordinance was presented which prohibits the discharge of fireworks on NewYears Eve and
extends the prohibition on the sale offireworksfrom December 27 to December 31 as providedby
amended legislation.
The ordinanceamending Chapter8.04 ofthe Moses Lake Municipal Code entitled"Fireworks"was
read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed unanimously.
ORDINANCE -ADJUST CORPORATE BOUNDARIES -2ND READING /O&f
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 transferto be complete,
the Grant County Commissioners must adopt a similar resolution or ordinance.
The ordinance adjusting corporate boundaries of the municipality pursuant to RCW 35A.21.210
was read by title only.
Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded
by Mr.Tracy, and passed unanimously.
ORDINANCES -VIB.TV AND ABACUS COMMUNICATIONS FRANCHISES -2ND READINGS //VP
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 Internet BroadcastingK^J 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.Blessing moved that the second reading of the ordinance beadopted,seconded
by Mr.Shinn,and passed unanimously.
The ordinance amending Ordinance No.2052 granting a franchise to Abacus Communications,
Inc.to operate and maintain a cable system inthe 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 second reading of the ordinance be adopted,seconded
by Mr.Tracy,and passed unanimously.
ORDINANCE -STREET REIMBURSEMENTS -1st READING
An ordinance was presented which establishes a reimbursement for those portions of Interlake
Road street improvements that were constructed with City funds.
The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street
Construction or Improvement Reimbursement Charges"was read by title only.
Action Taken:Mr.Tracy moved the first reading of the ordinance be accepted,seconded by Mr.
Blessing,and passed unanimously.
ORDINANCE -WATER/SEWER REIMBURSEMENTS -1st READING
An ordinance was presented which establishes reimbursements for the waterand sewer improve
ments that were constructed with City funds along Interlake Road.
/,The ordinance amending Chapter 13.08 ofthe Moses Lake Municipal Code entitled "Water and
^—J Sewer Connections"was read by title only.
Action Taken:Dr.Covey moved that the first reading of the ordinance be accepted,seconded by
Mr.Reese,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
//£/
/O?^
5889
CITY COUNCIL MINUTES: 4 August 27,2002
OTHER ITEMS FOR COUNCIL CONSIDERATION
]I97 VARIANCE -NOISE CONTROL -SAGE VISTA MAJOR PLAT
Chris Jacobson,Chris'Excavation,Inc.,requested a variance to allow his company to construct
the street,water, and sewer improvements for the Sage Vista MajorPlat between fne hours of 6
a.m.to 6 p.m.The noise control standards ofthe City prohibit construction between 10 p.m.and
7 a.m.
There was some discussion and itwas pointed out that heavy equipmentwillbe used and the noise
will impact the nearby residential areas.
Action Taken:Mr.Pearce movedthat the request be denied,seconded by Dr.Covey,and passed
with Mr.Tracy and Mr.Blessing opposed.
Ilbip VARIANCE -NOISE CONTROL -2002 SEWER LINING PROJECT
Chris Peccia,PEC, Inc.,requested a variance to allow his company to line the city sewer mains
after 10 p.m.This will lessen the impact of the construction on traffic and businesses.The noise
control standards of the City prohibit construction between 10 p.m.and 7 a.m.
Pat Pisarsky,superintendent representing PEC,stated thatthey would like to startabout7 p.m.
It will take about 8 hours to complete each section between manholes.This is in the alley between
Third and Broadway.He mentioned that the equipment being used would be trucks and genera
tors.
There was some discussion by the Council.
Action Taken:Mr.Tracy moved that the request be granted,seconded by Mr.Blessing,and
passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
/Of/PARKS AND RECREATION COMMISSION
Mr.Pearce pointed out that Mr.Romaneski,Parks and Recreation Commissioner,has received
a DWI citation and is involved in a law suit related to his business.He recommended that Mr.
Romaneski cease his participation on the Commission until the two cases are settled.
Mr.Tracy did not feel that just because a person is involved in a law suit or issued a citation that /—n
they should not serve in a voluntary position on a City commission.''
There was some discussion by the Council.
No action was taken.
\\0[(\SEPTEMBER 11 MEMORIAL
Dave Helms,Fire Chief,stated that there will be a short ceremony on September 11 at the main
Fire Station in recognition and remembrance ofthe terrorist attacks in New York.Both the Police
and Fire Departments will participate in this ceremony.
PACIFIC RIM ETHANOL
Mr.Blackwell mentioned that according to a news release,Pacific Rim Ethanol is moving forward
with its proposed new ethanol plant.
CITY MANAGER REPORTS AND COMMENTS
//39 AMBULANCE REPORT
The ambulance report for July 2002 was presented.
)I9£PUD UNDERGROUNDING UPDATE
Mr.Blackwell stated that the PUD has informed the City thatthey have found anotherway to serve
theircustomers andwill notbe doinganyimprovementstothe linesinthe alleybetween Third and
Broadway.
A letterwas read from MikeConley,PUD Commissioner, whichindicatedawillingnesstoworkwith (~*\Vision 2020andthe City on mutual issues.!
Dr.Covey was interested in the PUD's alternative proposal but no one knew what that was.
Mr.Blackwell mentioned that there is a meeting ofVision 2020 on September 5 at 7:30 a.m.at the
Chamber of Commerce office with the consultants and the PUD.
//Z^RESERVOIR #4 PAINTING CONTRACT UPDATE
James A.Whitaker,City Attorney,statedthatthe City is attempting to resolve the claims between
the Cityand Specialty Contractors,Inc.regarding the painting of Reservoir#4.
n
^
o
CITY COUNCIL MINUTES:5
TIB GRANT -LOWER PENINSULA SIDEWALKS
5890
August 27,2002
Gary G. Harer, Municipal Services Director,stated that a meeting was held on August 22 in the
Council Chambers to discuss with the residents of the Lower Peninsula the proposed sidewalkconstruction.Therewere 8 people who attended; 2 or3 were in favor,2 were indifferent,and 2
were opposed.The City will apply for the TIB grant and ifitis approved,another meeting withthe
residents will be scheduled.
LOWER PENINSULA -STREET LAYOUT/UNDERGROUND UTILITIES
Gary G. Harer, Municipal Services Director,stated that a meeting has been scheduled for
September 5 with the residents ofthe Lower Peninsula to discuss the proposed street layouts and
the undergrounding of the utilities.The affected property owners have been notified.
The regular meeting was adjourned at 8:45 p.m.
ATTEST;
/d&
<fq*