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2002 12 235926 MOSES LAKE CITY COUNCIL December 23,2002 Council Present: Lee Blackwell, LarryTracy, Brent Reese,Chris Blessing,Steve Shinn, and Ron Covev Absent:Richard Pearce MINUTES:Mr.Blessing moved that the minutes of the December 10 meeting be approved as submitted,seconded by Dr.Covey,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Jaken:Dr.Covey moved thatthe 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 RCW42.24.080,and those expense reimbursement claims 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 onthe below list as modified bythe Council and noted upon said list for the Council meeting of December 23, 2002 for the funds listedbeloware approved inthe amount of $207,920.06. GENERAL FUND TOURISM ACTIVITIES STREET EQUIPMENT LEASES PARK &REC IMPROVE. WATER/SEWER W/S CONSTRUCTION WATER/SEWER LEASES SANITATION FUND $41,527.45 AIRPORT 79.75 25.06 AMBULANCE SERVICE FUND 2,194.11 1,248.05 AMBULANCE DEBT SERVICE 558.85 3,336.78 SELF INSURANCE 861.48 44,010.96 CENTRAL SERVICES 6,304.10 21,512.47 EQUIPMENT RENTAL 31,714.52 41,971.15 BUILDING MAINTENANCE 3,461.15 1,519.49 TOTAL $207,920.06 7,594.69 PrepaidClaims: Prepaidclaims approved by theCityManager according to the process establishedbyMosesLakeMunicipalCode3.42.030 and the internal control policy approved by the CityCouncilhas been recorded on a listing which has been made available to the City Council, claims listed below are approved in the amount of $1,673.78 for all funds The GENERAL FUND $1,673.78 Prepaid Claims:Prepaid claimsapproved by theCity Manager according to the process establishedby Moses Lake Municipal Code 3.42.030 and the internal control "''"~"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 $8,085.19 for all funds. li GENERAL FUND STREET WATER/SEWER W/S CONSTRUCTION $4,630.40 SANITATION FUND 132.95 168.44 AMBULANCE SERVICE FUND 75.88 519.14 CENTRAL SERVICES 2,149.13 4.95 EQUIPMENT RENTAL 404.30 TOTAL $8,085.19 Claim Checks:Checks 17194 through 17408 issued on December 11,2002through December23, 2002 were approved for payment at the Council meeting held on December 23,2002 in the total amount of $1,752,794.43. Payroll:The payroll issued on December 20, 2002 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 29502 through 29680 in the total amount of $61,407.90. EMPLOYEE PRESENTATIONS -None CONSENT AGENDA Resolution -Abandon Easement -Penvista Addition:Aresolution was presented which abandons /Ol 3 the easement for the sewer main that serves the Penvista Addition Plat.A new easement will be dedicated with the platting of the Rosborough Short Plat. Resolution -Checks:Aresolution was presented which names those employees authorized to sign //3 (p '/•} checks on behalf of the city for the account at Sterling Savings Bank. ActionTaken:Mr.Blessing moved thatthe Consent Agenda be approved,seconded by Mr.Tracy, and passed unanimously. CONSIDERATION OF BIDS -None O PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ORDINANCE -CREATE TITLE 20 - 2nd READING/PUBLIC HEARING An ordinance was presented which establishes a development code that complies with the provisions set forth under Engrossed Substitute House Bill 1724.ESHB 1724 was intended to simplify and integrate land use permits and environmental regulations. ESHB 1724 sets forthtime lines and review processes that the local jurisdiction must adhere to in terms of a project permit process. By complying with ESHB 1724,some of the time frames for the permitting process inMoses Lakewill actually increase.The adoption ofthe development code will bring the city intocompliancewithESHB1724asrequiredbytheorderoftheEasternWashingtonHearingsBoard. /D// J0IO |MU 5927 CITY COUNCIL MINUTES:2 December 23,2002 The ordinance creating Title 20 ofthe Moses Lake Municipal Code entitled "Development Review Process"was read by title only. Gilbert Alvarado,Community Development Director,explained that this ordinance was reviewed by the Planning Commission and their main concern was with the time frames.They were concerned that staff coulddelay approval of a project for 28 days, whichisthe maximum allowedintheordinance.He explained thatifstafftakestoo long to madea determination ona project, the proponent will undoubtedly bring that up to the Commission and the Council.It would then become a management issue between the CityManager'sofficeandthe Community DevelopmentDepartment.He mentioned thatoncea recommendation ismadebythe Planning Commission on a project,that recommendation will be broughttothe Councilforapprovalonthe Consent Agenda.He pointed out that under the new regulations there will be only one open record hearing.^ Mr.Tracy pointed outthatthere is no definition of a closed record appeal so he was unsure what that would actually be. James A.Whitaker,City Attorney,statedthataclosed record appeal isdefinedinthe statuteand means thatthe Council has the right to review the transcript ofthe project andcan rectify legalerrorsmadebythePlanningCommission.He mentioned that no additional public input would oeallowed.He statedthatthe major change for the city isthatthe Planning Commission nowmakesdecisions,not just recommendations.Those decisions are just recommendation during theappealperiod.If noone appealsitisa ministerial act for the Council to finish the process.If there isanappeal,itisa closed record appeal.It is an opportunity atthe local level to rectify errors,ifany. After the Council has completed its process,any additional appeal would be through the courts. Dr.Covey was concernedthatthe Council could not discuss the decision ofthe Commission unless it were appealed. Mr.Whitaker pointed outthatunless there isan appeal,the decision ofthe Commission becomes final.When 3670B was adopted,the legislature failed to adjust5817 to changethe responsibilities to allowatwo tiered process and leftthe requirement that the CityCouncil make the final decision. In orderto comply with 5817 and preserve the twotier system atthe local level,the recommenda tion of the Planning Commission,after the expiration of the appeal period,comes before the Council on the Consent Agenda and all the Council can do is approve it.If a decision of the Commission is appealed,then the Council can review the decision.He pointed out that the only personswho can appeal a decision ofthe Commission is someonewho spoke at the public hearing or provided written comments. Mr.Tracy brought up several areas of concern and there was considerable discussion. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved thatthe public hearing be closed,seconded by Mr.Shinn,and <\ passed unanimously.-' Action Taken:Mr.Tracy moved that the second reading of the ordinance be adopted,seconded by Mr Shinn. Therewas some discussion anditwasthe consensus ofthe Council thatthe proposed ordinance should be adopted because ofthe requirement ofthe Growth Management Hearings Board,butthatastudysessionshouldbeheldtothoroughlydiscussthechangesthisordinancewouldmake inthe city's land use process and any amendments that might be appropriate. The motion passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 2002 BUDGET - 2nd READING An ordinance was presented which amends the 2002 budget. The ordinanceamendingthe 2002 budget for the Cityof Moses Lake,Washington was readbytitle only. ActionTaken:Dr.Covey moved thatthe second reading ofthe ordinancebe adopted,seconded by Mr.Reese,and passed unanimously. /Oft*ORDINANCE -AMEND 13.08 -WATER/SEWER CONNECTIONS -1st READING Four ordinances were presented which establish a reimbursement schedule for the city-installed water lineon East BroadwayAvenue.The staff recommended that option3 be adopted. Joseph K.Gavinski,City Manager,stated that a meeting was held with the affectedproperty ownersandanothermeetingwas set for Jan remain on the table until after that meeting. Joseph K.Gavinski,City Manager,stated that a meeting was held with the affected propertyownersandanothermeetingwassetforJanuary9.Staff would recommended that theordinances remain on the table until after that meeting. No action was taken by the Council. ORDINANCES -PARKS -1st READING Two ordinances were presented which make housekeeping changes related to the names of existing parks. The ordinance amending Chapter 3.34 of the Moses Lake Municipal Code entitled "Park and Recreation Department Use Fees"was read by title only. r\ 5928 CITY COUNCIL MINUTES:2 December 23,2002 Action Taken:Mr.Shinn moved that the first reading ofthe ordinance be adopted,seconded by Dr.Covey,and passed unanimously. The ordinance amending Chapter 12.36 of the Moses Lake Municipal Code entitled "Park //(of Regulations"was read by title only. Action Taken:Mr.Blessing moved that the first reading of the ordinance be adopted,seconded by Mr.Tracy,and passed unanimously. REQUEST TO CALL FOR BIDS LIFT STATION REHABILITATION PROJECT -2003 -^Staff requested authorization to call for bids for the 2003 Lift Station Rehabilitation Project.This project includes the rehabilitation of the Carnation and Wheeler lift stations. Action Taken:Mr.Tracy moved that staff be authorized to call for bids,seconded by Mr.Shinn, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION LARSON SEWER MAIN REPAIRS Two sections of sewer main on Craig Avenue have partially collapsed.Approximately 650 feet of sewer main will have to be replaced since itis too badly deteriorated to make spot repairs.Staff is requesting the Council declare this an emergency repair,waive the competitive bidding requirements,and authorize staff to obtain quotes for the repairs. Action Taken:Mr.Reese moved that an emergency be declared,the bidding requirements be waived,and staff be authorized to obtain quotes for the work,seconded by Mr.shinn,and passed unanimously. BUS TURN-OUT -AQUATIC CENTER Staff requested Council direction for constructing a busturn out along Fourth Avenueto accommo date the GTA buses which use this site as a transfer station.The turn out will allow the buses to be clear of the travel lane when they stop.This is in the paver area so the cost will be approxi mately $12,500.Council has recently approved the placement of a kiosk at this location. GaryG.Harer,Municipal Services Director,stated that the permittedkiosk wouldeliminate2 to 3^;on-site parking spaces and the bus turnout will eliminate 4to5 parking spaces. Mr.Tracy pointed out that two bus shelters have also been approved to be placed inthis area and that is not shown on the submitted plan. Mr.Harer pointed out that the two shelters and the kiosk would need about 22'which willeliminateabout4 on-site parking spaces.Hementioned thatthe proposed bus turnout will onlyaccommo date one bus and many times there are two buses there at the same time,and sometimes three. Mr.Shinn pointed out that this project is not in the budget and wanted to know where the funds would come from. Joseph K.Gavinski, City Manager,stated that if the Council approves this project,the Council will need to prioritize the street projects and determine which will be done,ortransfer additional funds from the General Fund. Dr.Covey pointed out that this is an excellent area fora bus transfer station and he felt that the bus turnout area should be large enough to accommodate two buses. Therewas some additional discussion and Council directed staffto redesign the project to increase the bus turn out to accommodate two buses,the kiosk and two shelters and provide the cost and areas where the funding can be found. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS ,*MOSES LAKE URBAN GROWTH AREA -SPARKS PROPERTY j^^*- ^"^The Board of County Commissioners hasbeenworking with Mr.Sparks ona proposal to amend the Moses Lake UGA to include Mr.Spark's property within the city's UGA. Gilbert Alvarado,Community Development Director,stated that staff has been monitoring thedevelopmentonMr.Spark's property,which isadjacent tothe city's limits outsidethe urban growtharea.The county planning department recently notified the city that they would be going throughtheprocesstoamendthecitysUGAtoincludetheSpark's property.The county could notgivethecityaspecificdatewhenthatwouldoccurwhichconcernsstaffbecauseoftheamountof information the countyrequestedthe previous timethe UGA was amended. The second problem isthe actual permitting ofthe development onthe site.Mr.Hill believes the waterissue has been taken care of.The Health District has indicated the water issue is not yet resolved.Mr.Hill willhaveto haveatypeA water system andwill haveto run the system just like the city,including allthe testing. Hementionedthathismainconcernisthat all parties areawareof all the ramifications of this project. /OSS //6fc ///o //SG> 5929 CITY COUNCIL MINUTES:2 December 23,2002 James A.Whitaker,City Attorney,pointed outthat it isthe county's responsibility to enforcethe requirement for potable water.There is no approved water source at this time. Joseph K.Gavinski, CityManager,stated that the cityis continuing to monitorthis situation and Mr. Hill has been advised of the city's concern about the water issue.Mr.Hill believes the water problem is resolved and has not contacted the city to discuss the issue. He pointed out that a Certificate of Occupancy will not be issued until the water problem is resolved. SNOW PLOWING -BROADWAY Joseph K.Gavinski,City Manager,stated that discussions are on-going concerning whose responsibility it isto plow the snow on Broadway. Recentlythe Department ofTransportation laid .—s down chemical on Broadway to counteract ice. Staff will continue to monitor the situation. The regular meeting was recessed at 8:10 p.m. and the Council met in an executive session to discuss labor relations.The executive session was adjourned at 8:45 p.m. and the regular session was reconvened. SALARIES Action Taken:Dr.Covey moved that in 2003 the city provide the costofliving and comparability increases recommendedtothe executive, professional and clerical,and maintenance staffs bythe CityManager,seconded by Mr.Reese,and passed unanimously. Mr.Shinn moved that in2003 the cityprovide the CityManager witha 1.5%cost of living increase, seconded by Mr.Reese,and passed unanimously. The regular meeting was adjourned at 8:50 p.m. Mayor ~ ~