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2002 11 12u o u 5912 MOSES LAKE CITY COUNCIL November 12,2002 Council Present:Lee Blackwell, Larry Tracy, Brent Reese,Chris Blessing,Steve Shinn,Ron Covey,and Richard Pearce MINUTES:Mr.Blessing moved that the minutes of the October 22 meeting be approved as submitted,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 Directoras required by RCW 42.24.080,and those expense reimbursement claims certified as required byRCW42.24.090,havebeen recorded on a listing which has been made available to the City Council. Claims:The vouchers included onthe belowlist as modified bythe Council and noteduponsaid listforthe Councilmeeting of November 12,2002 forthe funds listed below are approved inthe amount of.$1,017,476.48. GENERAL FUND $81,284.64 TOURISM ACTIVITIES 19,727.49 STREET 38,198.79 EQUIPMENT LEASES 4,035.35 PARK &REC IMPROVEMENT 115,801.83 WATER/SEWER 50,015.95 W/S CONSTRUCTION 502,847.63 WATER/SEWER LEASES 1,861.83 SANITATION FUND 102,710.03 AIRPORT 178.65 AMBULANCE SERVICE FUND 4,105.81 AMBULANCE DEBT SERVICE 1,173.11 UNEMPL COMP INSURANCE 1,122.00 SELF INSURANCE 1,982.44 CENTRAL SERVICES 14,806.71 EQUIPMENT RENTAL 54,060.98 BUILDING MAINTENANCE 23,563.24 TOTAL $1,017,476.48 PrepaidClaims:Prepaidclaimsapprovedbythe CityManageraccordingtothe 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 $52,153.74 for all funds. GENERAL FUND WATER/SEWER AMBULANCE FUND $191.19 3.26 51,463.02 SELF INSURANCE TOTAL 496.27 $52,153.74 Prepaid Claims: Prepaid claims approved by the CityManager according to the processestablishedbyMosesLakeMunicipalCode3.42.030 and the internal control policy approved bythe CityCouncilhas been recordedon a listing whichhas been made available to the City Council.The claims listed below are approved in the amount of $289.46 for all funds. GENERAL FUND CENTRAL SERVICES TOTAL $64.46 225.00 $289.46 Prepaid Claims:Prepaid claims approved bythe City Manager according tothe processestablished by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council has been recorded on a listingwhich has been made availableto the CityCouncil.The claims listed below are approved in the amount of $7,257.28 for all funds. AMBULANCE FUND 681.49 GENERAL FUND $4,847.81 CENTRAL SERVICES 331.90 STREET 23.43 EQUIPMENT RENTAL 275.70 WATER/SEWER 546.33 BUILDING MAINTENANCE 296.94 AIRPORT 253.68 TOTAL $7,257.28 Claim Checks:Checks 16613 through 16800 issued on October 21,2002 through November 4,2002 were approved forpayment atthe Council meeting heldon November 12,2002 inthe total amount of $2,066,596.34. Payroll:The payroll issued onOctober25,2002 having been approvedpursuanttothe rule ofthe CityCouncil set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 28755through 28934 in the total amount of $60,074.57. Payroll:The payroll issued on October 31,2002 having been approved pursuant to the rule of the CityCouncil set forth inMoses Lake Municipal Code 3.42.040,was paidby checks 28935 through 28941 in the total amount of $1,883.28. Payroll:The payroll issued onNovember8,2002 having been approved pursuant tothe rule oftheCityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid bychecks28942 through 29122 in the total amount of $60,600.02. PROCLAMATION The proclamation declaring November 2002 as National Hospice Month was read by title only. EMPLOYEE PRESENTATIONS Finance Department:Sophia Vasquez,Utility Clerk,was introduced to the Council. CONSENT AGENDA Civic Center Park -Farmers Market:The Columbia Basin Farmers Market and Craft Bazaar Board requested the use of the Civic Center Park for the year 2003. /#? //// 5913 CITY COUNCIL MINUTES November 12,2002 /OyU Resolution -Accept Donation - Moses Lake-Othello Association of Realtors:A resolution was presented which accepts $4,275 from the Moses Lake-OthelloAssociation of Realtors.The funds are to be used for the specialized recreation program. /D'/u?Resolution -Accept Donation -Moses Lake Wal-Mart Foundation:A resolution was presented which accepts $100 from the Moses Lake Wal-Mart Foundation.The funds are to be used for the Special Olympics Program. /QJ^f Resolution -Accept Improvements -Date Street:A resolution was presented which accepts the street and utility improvements constructed as part of the Date Street Reconstruction Project. //<££?D&L Foundry Maior Plat-Set Dateto Consider:The Council shouldset November26as the date to consider the D & L Foundry Major Plat. Action Taken:Mr.Blessing moved that the Consent Agenda be approved,seconded by Mr.Tracy, and passed unanimously. CONSIDERATION OF BIDS /0/7 AMBULANCE The city received two bids for an ambulance.Staff recommended that the bid be awarded to Wheeled Coach Industries. Action Taken:Mr.Shinn moved that the bid for the ambulance be awarded to Wheeled Coach in the amount of $64,141,seconded by Mr.Tracy,and passed unanimously. n /C£0 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS TEMPORARY ADVERTISING ON STREET CORNERS A letter was read from Leonard Seltz,ownerofTacoTime,which objectedtothe other businesses advertising in front of his business and on other street corners by having people stand and hold signs all day long. Bill Ecret,past president of the Manta Ray Swim Team,stated that as a fund raiser they had sign walkers for a local furniture store. Atthe time,the SwimTeam did not realize the impact it wouldhaveonotherpropertyowners.Healso felt itwas dangerous notonlyfor the sign walkers butalso for the traffic. Joseph K.Gavinski,City Manager,suggestedthat this item be discussed at retreat because there isthe issue of free speech andthe fact that sidewalks are public property.He mentioned that ^-s mobile signs may not be specifically addressed in the city's sign ordinance.' There was some discussion by the Council and itwas the consensus that the issue be addressed during the next Council/staff retreat. ORDINANCES AND RESOLUTIONS /0/&3 ORDINANCES -PROPERTY TAX/TAX LEVY -2nd READINGS Ordinances were presented which fixthe estimated amount the city is to receive from property taxes and sets the levy rate. The public hearing was opened. Action Taken:Mr.Reese moved that the publichearing be closed,seconded by Mr.Pearce, and passed unanimously. The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed valuations on propertywithinthe Cityof Moses Lake,Washington for2003 was read by title only. Action Taken:Mr.Pearce movedthat the second reading of the ordinance be adopted,seconded by Mr.Tracy,and passed unanimously. The ordinance fixing the amountto be received formunicipal purposes fromtaxations on assessed valuations on propertywithinthe Cityof Moses Lake,Washington for2003 was read by titleonly. Action Taken:Dr.Covey,moved that the second reading of the ordinance be adopted,seconded by Mr Reese,and passed unanimously. /O/O ORDINANCE - ADOPT 2003 BUDGET- 1st READING An ordinance was presented which adopts the budget for 2003. The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 2003 was read by title only. Action Taken:Mr.Pearce moved that the first reading ofthe ordinance be adopted,seconded by Dr.Covey. Mr.Shinn statedthathe isopposedto adopting the budgetatthistimeas he felt the Council didnotexerciseduediligenceinreviewingthebudget.He pointed out that capital expenditures were not discussed and the passage of I-/90 would also affect the budget by about $180,000. He objectedtothetransferofinterestincomefrom theWater/SewerFundtothe General Fund without n u 5914 CITY COUNCIL MINUTES November 12,2002 first paying,the interest expense in the Water/Sewer Fund and to the transfer out of the Wa ter/sewer Construction Fund of $610,000 for engineering expenses. The motion passed with Mr.Shinn opposed. ORDINANCE -GARBAGE COLLECTION -1st READING An ordinance was presented which deletes the rate indexing forgarbage since the cityis no longer providing for rate increases in this manner. The ordinance amending Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection"was read by title only. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. ORDINANCE -WATER/SEWER CONNECTIONS - EAST BROADWAY- 1st READING /07d Several ordinances were presented which establishes reimbursements for the water line con structed by the cityon East Broadway fromapproximately itsintersection with Highway 17 to Road 4.The ordinances are based on the work that is included in the reimbursement charges. Joseph K.Gavinski,City Manager,stated that the ordinances providethat the reimbursementcosts are to be paid when a property owner hooks up to the city's system.Four options for those reimbursement costs were provided. Doug Rathbone,representing Bill andJoyce Rathbone,statedthatthe reason for the water line was that there was no fireflowalong East Broadway and the city does not havethe tankercapacity to provide adequate fire protection.When the area was annexed the city became responsible for fire protection and adequate fireflow was needed so the water line was installed. He feltthat ifthe water line had been constructed privately the cost wouldhave been less because the cityhas to pay prevailing wages. Healso felt the property ownersshouldnot have to paythe costs until thepropertyis hookedto the water line.He mentioned that the Washington Survey and Ratings bureau still lists this area as a Class 9,which means no water in front ofthe property,rather than a Class 5 as is the rest of the city.Also,their fire insurance rates have not been reduced.He felt that ifthe Council goes ahead with this ordinance,that option 4 should be adopted. Mr.Blessing pointed out that the only time a property owner would be required to pay the reimbursement costs would be when the property is connected or platting occurs. There was some discussion about the fire rating and staff was directed to check into the issue. K^J Dave Chandler,Chandler Properties,stated that there is an existing well on their property which has sufficient capacity toservetheirproperty.Hementionedthatthere property is already platted. Hewantedto knowifthey would be required to connectto citywater. Mr.Gavinski pointed out that since the land is already platted,there would be no requirement to connect to city water unless and until the land is replatted. Paul Carpentier,owner of property along East Broadway, stated that they have a number ofquestions and requested a meeting with city staffto discuss this project and itscosts. Hedid notfeelthecostswereequitablesincethepropertyownersalongEastBroadwayarebearingthemajor cost andthe property off Broadway would notshare in thatcost. He pointed outthata 12"waterlinewasinstalledbutpropertyownersarebeingchargedforan8"line and hewould probably only be using a 1"to 2" line. He also objected to including the total engineering costs in the reimburse ments. Dwayne Mcintosh,Moses LakeVeterinary Clinic,felt thatbetter communications betweenthe city and the property owners is important. Lynn Chamberlain,Broadway Animal Hospital,stated that she would like to meet with the city to discuss this issue. There was some discussion by the Council and itwas felt that a meeting should be held with the property owners. Mr.Pearce pointedoutthatwhilethere seems to be a lotof money inthe water/sewer fund,that money has to stay there.The funds are used for wells, reservoirs, and improvements to the wastewater treatment plants.Those are expensive projects and the costs are not charged back to the customers. i i Action Taken:Mr.Pearce moved that the ordinances be tabled and that a meeting be held with v-^the property owners,seconded by Dr.Covey,and passed unanimously. RESOLUTION -ACCEPT DONATION -JAPANESE GARDEN A resolution was presented which accepts $30,000 from the Japanese Garden Committee.The funds are to be used for the Japanese Garden. The resolution accepting a cash donation of $30,000 from the Japanese Garden Committee was read by title only. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Tracy,and passed unanimously. //S3 /OY&,L& 5915 CITY COUNCIL MINUTES November 12,2002 fO#&RESOLUTION -COMPREHENSIVE PLAN AMENDMENT 2002/ORDlNANCE -ZONE CHANGE -1 151 READING//?£ The City ofMoses Lake's Comprehensive Plan was adopted on September 11,2001 in accordance with the Growth Management Act.Updates to the Comprehensive Plan are to be considered no more frequently thanonce a year so thatthe cumulative effects ofthe various proposals can be evaluated. The cityhas received the following requests to amend the Comprehensive Plan: 1.National Frozen Foods -inclusion of property in the UGA 2.Russell Fode -inclusion of property in the UGA 3.Department of Natural Resources -inclusion of property in the UGA 4.Gene Bouma Development -site specific land use re-designation and re-zone 5.Transportation Element -inclusion of Yonezawa Boulevard from Highway 17 to Road L Since the October 22 Council meeting,the Vision 2020 members have requested an additional amendment.It has been requested that the Central Business District zone be expanded.The Central Business District cannot be expanded without first amending the Commercial-BusinessDistrictLandUseDesignation.Staff wouldconsiderthis an emergency matterwith respect tothestatutesgoverningtheadoptionofthe Comprehensive Plan butnot with respectto the passage of an ordinance. The resolution adopting the City of Moses Lake 2003 Comprehensive Plan amendment was read by title only. Gilbert Alvarado, Community Development Director,pointed out that the area to the north of Pioneer Way iswhatisbeingrequestedto be included ir "~*'~?"A'A~~~~'"' of Dogwood Street between the lake and Third Avenue. n Action Taken:Dr.Covey moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. The ordinance amending Section 18.09.020 of the Moses Lake Municipal Code was read by title only. Action Taken:Mr.Shinn moved that the first reading of the ordinance be denied and the Findings of Fact be accepted,seconded by Mr.Tracy,and passed unanimously. Action Taken:Mr.Blessing moved that staff be directed to proceed with an amendment to the ^s Comprehensive Plan to change the land use designation for property to be included in the '' downtown business district,seconded by Mr.Reese,and passed unanimously. REQUEST TO CALL FOR BIDS /0>7 POLICE CARS Staff requested permission to call for bids for two police cars for 2003. Action Taken:Mr.Shinn moved that staff be authorized to call for bids for two police cars, seconded by Mr.Tracy, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION SHORELINE EXEMPTION -FEES Under the Shoreline Management Act, a development on the shoreline is exempt from the permitting requirementsifitisundera certain dollar amount. Recent legislation has increasedthat amountfrom $2,500^$5,000 for bulkhead projects andfrom $5,000to$10,000for dock projects.Currently the city requires a fee of $550 with an application for a shoreline project.Staffthendeterminesiftheprojectwillrequireapermitorisexempt. The city hasbeen questioned onwhy the fee is the same for an exemption as it is for a shoreline permit. With the legislative changes, more projects will beexempt from the requirement to obtain a Shoreline Management Substantial Development Permit.Staffissuggestingthatan initial assessment feeto determine ifa shoreline permit is required maybe appropriate.Ifthe project is determined to beexempt, no additional fee would be changed.If a shoreline substantial development permit is required, an additional fee would be assessed.Direction from the Council was requested. 'P-OS Gilbert Alvarado,Community Development Director,stated that the $550 pays for the shoreline permit and the SEPA review.If a project is exempt,a SEPA review is not required. There was some discussion and it was the direction of the Council that an initial fee of $100 be established for shoreline projects. MCDOWALL CONDITIONAL USE PERMIT -APPEAL Ralph Kenison,Riesand Kenison,has appealed the decision ofthe Planning Commission to allow a nursery school at 120 Sixth Street in the R-3Zone. Mr.Kenison,representing Mrs.Sandberg. a neighbor to this project,stated that originally acommercialdaycarecenterwasproposearorthisproperty.Under the city's codes,ifa neighbor objectsto such a use,itmust be denied.Mrs.Sandberg objected,so a request wasthen submitted for a school.But a school must meet certain state standards,which this project did not.Another n 5916 CITY COUNCIL MINUTES November 12,2002 proposal wasthen submitted for a nursery school,which is notregulated bythe state. A nursery schoolisnot specifically allowed butthe Planning Commission ruled thatitisa similar use to aday care. The Commission then approved the nursery schoolwith certain conditions.He pointed outthatMrs.Sandberg's patio is about 5'from the property line and herliving room is 12'from thepropertyline.Mrs.Sandberg is77 years old and has lived in herhomefor 39 years.None oftheneighborsareinfavorofthisnurseryschoolinthisquietneighborhood.Most ofthe residents areelderly.He requested that the conditional use permit be denied. There was some discussion by the Council Calvin McDowall,property owner,statedthatoriginally Kurt andKelly Lewis weregoing topurchase ;the house and operatea commercial day care center.When that did not work out,the Lewis'K^J backed outof buying the property and he determined to operate a school.The nursery schoolwouldoperatefrom8:30 a.m.to 12:30 p.m.and would not disrupt the neighbors.He pointed outthatunderexistingcityregulations,a person could live in thehomeand operate adaycare for no more than 12 children as an outright permitted use. There was some additional discussion by the Council. Action Taken:Mr.Blessing moved that the action of the Planning Commission be affirmed, seconded by Mr.Tracy. Dr.Covey felt that the proponent was simply trying to circumvent the city's ordinances and he would be opposed to allowing the nursery school atthislocation. The motion passed with Dr.Covey and Mr.Reese opposed. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS EAST BROADWAY WATER LINE Mr.Blessing,Mr.Tracy,and Mr.Reese agreed to meet with city staffandthe property owners to discuss the costs for trie water line installed along East Broadway. Mr.Blessing requested information on how engineering fees were allocated for these types of projects. GaryG.Harer,Municipal Services Director,stated thatthe engineering costs arechargedatthe actual cost plus 115%.This project was charged 23%for engineering fees whichincludesthe preliminary engineering, surveying, inspection, and final recorddrawings. There was some discussion concerning this water line,the required reimbursements,engineering fees,and construction costs. CITY MANAGER REPORTS AND COMMENTS EXTRA TERRITORIAL -ALTERNATIVE SCHOOL Joseph K.Gavinski, City Manager,stated that the city agreed to supply utilities for the newalternativehighschoolprovidedanextraterritorialutilityagreementwasexecuted.Subsequently, itwas learned that the property owneris actually the Bureau of Reclamation,which objects to signing such an agreement.The Bureau amended the agreement to state that the city wouldprovidetheservices.The city informed the School District thatthe amended agreement was notadequate.The School District hasbeen working with the Bureau onthe agreement.The amended agreement now has eliminated the Power of Attorney and Covenant Running With the Land and only statesthatthe Bureau will notoppose annexation.In order for a property outside the city'slimitstoobtaincityservices,the city's policy requires the execution ofthe agreement agreeing toannex. The proposedagreementwith the Bureau of Reclamation would notrequire the annexation but only states the Bureau would not opposed annexation.He pointed out that annexing public property is a burden rather than a benefit since the city receives no taxes from such property.The only problem would come aboutifthis property is adjacent toorwithin a proposed annexation.The School District is requesting that the amended agreement be used rather than the city's normal agreement.Staff does not necessarily like this agreement but does not have a problem with it. Action Taken:Mr.Shinn moved that the amended agreement be accepted,seconded by Mr. Reese,and passed unanimously. Dr.Covey indicated that this is a unique situation as it concerns federal property and such an amended agreement would not be appropriate for property owned by other than a public agency. AMBULANCE AGREEMENT Joseph K.Gavinski,City Manager,statedthat Grant County5 submitteda proposed agreement for snared ambulance service.The city has proposed an alternative agreement. Mr.Tracy suggested thatthe 6 months written noticeof termination be changedto3 months. He felt that o months was too long to continue an agreement if one of the parties is not performing as required. Mr.Gavinski pointed out that this agreement would not be effective unless an agreement is also executed between Grant County 5 and Central Grant Medic One because this agreement with GrantCounty5 may affectthe agreement the cityalso has with Central Grant Medic One. The otherwayto deal with the problem may be to make Central Grant Medic One a signatory to this agreement. Hepointedoutthatwiththis agreement the citymayalsoloose some income because this agreement would spread out the services that would normally be provided by a single entity. u u JM3 //&& //3? 5917 CITY COUNCIL MINUTES November 12,2002 There was some discussion by the Council. Action Taken:Mr.Tracy moved that the agreement be changed to provide a 3 month written notice of termination and the agreement be submitted to Grant County 5,seconded by Mr.Blessing,and passed unanimously. \\0 HUBSMITH PLAT - GRANT COUNTY Gilbert Alvarado,Community Development Director,stated that Phil Bloom,Columbia Northwest Engineering,has prepared a plat for property within the city's UGA.Underthe county regulations, the property owner must posta bond in the amount of 150%ofthe cost ofwater and sewertoserve the plat.However the county will waivethe bond requirement if the city will provide a letter waiving the construction of the improvements.The city is agreeable to waiving the bond provided a covenant is placed on the plat for the construction of those improvements inthe future. Inthis case,the plat is 295'from an existing water line and is a pivotal piece of property for the extension of city services into this area. Mr.Bloom stated that the property owner would like the waiver because it is about 1,000'by road to city water.The property owner is willing to sign a covenant for the installation of city utilities in the future. Itis his understanding that the current water linewas installed many years ago and is considered substandard at this time. Mr.Blessing pointed out that there needs to be some standards concerning when the city would require extension of its services and when a covenant would be appropriate.In this instance, however,the water is more than 295'since the line would have to follow the road and the existing water line appears to be inadequate to service this area. Action Taken:Mr.Shinn moved that a waiver be granted provided a covenant run with the land for the installation of the improvements at a future date,seconded by Mr.Tracy,and passed unanimously. AMBULANCE REPORT The October 2003 ambulance report was presented. /03]r BUILDING ACTIVITY REPORT The October 2003 building activity report was presented. /OQ3 INVESTMENT REPORT The investment report shows the city received $25,234.26 in income for October 2002. •SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski, City Manager,reported that the city received $283,938.47 in sales tax and $35,228.87 in transient rental income in October 2002. J UGA -SPARKS PROPERTY Gilbert Alvarado,Community Development Director,statedthatthe building being constructed onpropertyownedbyMr.Sparks andto be included in the city's UGA has notbeen issued a building permit.Thecounty had approved a foundation only permit with the condition thatthe development comply with standards for property included in the UGA.One of those standards is to post a bond for 150%of the cost of construction of utilities to city standards or obtain a letter from the city waiving that requirement.No such request has been submitted to the city and the building is within days of obtaining a county building permit. Joseph K.Gavinski, City Manager,stated that a letter will be sent to the county outlining the city's concerns on this project. WELL 18 Gary G.Harer,Municipal Services Director,stated that Well 18 is about 310'down and hit anaquiferand the well iscurrently producing 2,000gallonsper minute.Drilling continuedand at505' another aquifer was hit which is about as good as the first one. This well is producing a lot of water. The original contract was for a 1200'well.Since this well is already producing 2,000 to 3,000 gallons perminute thereisa question ofwhether or not to continue drilling.He pointed out that a 16"casing would be installed for 200' of the welland, ifneeded,the wellcould be increased at a later date. There was some discussion and it was the consensus of the Council that drilling be stopped at this point. The meeting was adjourned at 10 p.m. ATTEST:Mayor fnance Director ~ n