2003 03 25u
^J
5952
MOSES LAKE CITY COUNCIL
March 25,2003
Council Present: Lee Blackwell,Larry Tracy, Brent Reese,Chris Blessing,Steve Shinn, Richard
Pearce,and Ron Covey
MINUTES:Mr.Reese movedthatthe minutes of the March 11 meeting beapproved as submitted,
seconded by Mr.Pearce and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Tracy moved that the bills,checks,and prepaidclaims issued be approved,
seconded by Dr.Covey,and passed unanimously.
Vouchers audited and certifiedbythe Finance Director as requiredby RCW42.24.080, and those
expense reimbursementclaims certified as required by RCW 42.24.090, have been recorded on
a listing which has been made availableto the City Council.
Claims:The vouchers included on the below listas modified by the Council and noted upon said
listforthe Council meeting of March 11,2003 forthe funds listed below are approved inthe amount
of $204,479.29.
GENERAL FUND $57,890.91 SANITATION FUND 38,091.03
STREET 6,922.87 AIRPORT 1,817.86
STREET REPAIR/RECON 6,775.93 AMBULANCE SERVICE FUND 6,251.96
CRESTVIEW STREET LID #57 6,790.64 CENTRAL SERVICES 5,997.97
CENTRAL DRIVE LID#58 131,297.23 EQUIPMENT RENTAL 10,893.13
WATER/SEWER 38,650.19 BUILD MAINTENANCE 16,494.99
W/S CONSTRUCTION 2,380.26 TOTAL $330,254.97
PrepaidClaims:Prepaidclaimsapproved by theCityManageraccordingtothe process established
by Moses Lake Municipal Code 3.42.030 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 $31.19 for all funds.
GENERAL FUND $31.19
TOTAL $31.19
Prepaid Claims: Prepaid claims approved by theCity Manager according to the processestablished
by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City
I J 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 $10,801.28 for all funds.
GENERAL FUND $9,022.96 CENTRAL SERVICES 185.00
W/S CONSTRUCTION 1,593.32 TOTAL $10,801.28
Prepaid Claims: Prepaid claims approved by the City Manageraccordingto the processestablished
by Moses Lake Municipal Code 3.42.030 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 $3,314.18 for all funds.
GENERAL FUND $2,363.80 CENTRAL SERVICES 510.71
STREET 48.39 EQUIPMENT RENTAL 10.00
WATER/SEWER 381.28 TOTAL $3,314.18
Prepaid Claims:Prepaid claims approved bythe City Manageraccordingto the processestablished
by Moses Lake Municipal Code 3.42.030 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 $493.75 for all funds.
GENERAL FUND $284.65 AMBULANCE SERVICE FUND 145.75
TOURISM ACTIVITIES 14.94 EQUIPMENT RENTAL 48.41
TOTAL $493.75
Prepaid Claims: Prepaid claims approved by theCityManager according to the processestablished
by Moses Lake Municipal Code 3.42.030 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 $19,194.42 for all funds.
GENERAL FUND $1,384.06 CENTRAL SERVICES 48.96
WATER/SEWER 7,605.42 BUILDING MAINTENANCE 135.98
SELF-INSURANCE 10,000.00 TOTAL $19,174.42
Claim Checks:Checks 18289 through 18528 issued on March 14, 2003 through March 21,2003
were approved for payment at the Council meeting held on March 25,2003 in the total amount of
$1,575,467.13.
Payroll:The payroll issued on March 14,2003 having been approved pursuant to the rule of the
CityCouncil set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 30600through
30787 in the total amount of $59,585.52.
EMPLOYEE PRESENTATIONS -None
5953
CITY COUNCIL MINUTES March 25, 2003
CONSENT AGENDA
lh £Driveway Variance -Source of Life Church:The Source of Life Church requested adeviation of
the Community Standards inorderto increase the width of theirdriveway on Grape Drivefrom 30'
to 40'
/^°Request to Use Moses Lake Community park -Girl Scouts:The Moses Lake Girl Scouts
requested the use of the Moses Lake Community Park for campng on June 14 and 15,2003.
/y&U>SouthqateAddition No.3 Preliminary PlatA/ariances:Phil Bloom,Columbia Northwest Engineer
ing,submitted for approval the Southgate Addition No.3 Preliminary Plat and the following f~\
deviations tothe plat requirements:'
1.A deviation from the minimum lotwidth of Lots 4, 5, 7 and 8.The lots will be less than the
required 100'in depth.
2. A deviation of the street design to allowa tangent length of less than the standard 100'on
centerline of street curves.
3. A deviationto allowthe constructionof atemporary cul-de-sac atthe end of Linden Avenue.
A covenant would bind the unplatted property forthe permanent construction of the cul-de-
sac ifthat property isnotdeveloped. Staff recommended atime limit of five yearsbe placed
on the construction of the cul-de-sac.
/^6?Hearthstone Inn -Water Line:A Settlement Agreement between the City of Moses Lake and
Emeritus Corporation,the operatorofthe Hearthstone Inn,was presented. This agreement is for
the construction ofawater line tothe Hearthstone Inn whichwill provide sufficientwaterpressure
tooperatetheirfire suppression service.Authorization was requested for the CityManager tosign
the agreement.
ActionTaken:Mr.Pearce moved thatthe Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/&/lp JAPAN AIRLINES-DONATION _
Shuichi Yokoto,Senior Director, and Yosuke Tanaka,Administration Director,Japan Airlines,
presented the city with a donation of $2,000.
//(sC?CROSS CONNECTION CONTROL -LENGENFELDER
Todd Lengenfelder has requested that the requirement for a backflow assembly for 928 Easy
Street,and all other like systems,be eliminated.There is a sewer pump station that pumps the
sewageto the drainfield and state law requires that all residential homeswith a sewer pump station
install a reduced pressure backflow assembly to protect the city water system.
Gary Harer, Municipal Services Director,pointed out that this requirement has been applied to
other residential homes and the conditions at 928 Easy Street are no different.The Department
of Health has been notified and has submitted a letter stating that state law clearly requires a
reduced pressure backflow assembly in this situation.
Mr.Lengenfelderstated that he is requesting an exemption to the requirement to install a backflow
preventor because a hose bib with an anti-siphon device creates an air gap when turned off,so
nothing can get into the water system.
Mr.Harer pointed out that a vacuum breaker on a hose bib is not considered an airgap. An air gap
is a physical disconnection.
There was considerable discussion by the Council.
Mr.Harerpointed outthat an airgap isan alternative to a reduced pressure backflow assembly and
Mr.Lengenfelder can submit plansforthat alternative, The Municipal Services Department will ask
the Department of Health to review the plans for approval.r~s
No action was taken by the Council.
//REQUEST TO USE SINKIUSE SQUARE -NEW HOPE
New Hope,which offers domestic violence and sexual assault services, requested the use of
Sinkiuse Square on April 9, 2003 for a brown bag lunch and promotion of Sexual Assault
Awareness Week of April 7.There were 130 victims of sexual assault in 2002 and they wish to
release that many balloons. New Hope will have a table set up with information and referral
numbers.The event will last about one hour.
ActionTaken:Mr.Tracy moved that permission be granted for New Hopeto use Sinkiuse Square
on April 9, 2003,seconded by Dr.Covey, and passed unanimously.
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5954
CITY COUNCIL MINUTES March 25,2003
ORDINANCES AND RESOLUTIONS
ORDINANCE -MAYOR AND COUNCIL -2ND READING
An ordinancewas presented which amends Chapter 2.08,Mayor and Council,by clarifying the
process for approval of an ordinance submitted bythe Planning Commission.This amendment
clarifies that an ordinance is adopted on a single readingwhen it comes under the jurisdiction of
Title 20.
The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled "Mayor and
Council"was read by title only.
ActionTaken:Dr.Covey moved thatthe second reading ofthe ordinance be adopted,seconded
by Mr.Shinn, and passed unanimously.
ORDINANCE -NUISANCE ABATEMENT -SINGLE READING
An ordinance was presented whichcreates a process to cure a nuisance problem ifa property
owner refuses.This amendment would allowthe cityto abate the nuisance and the costs would
become the responsibility of the property owner.
The ordinanceamending Chapter8.14 ofthe Moses Lake Municipal Code entitled"Nuisances"was
read by title only.
Mr.Shinn felt that the time limit in B. 2.should be increased to 10 days.
James A. Whitaker, CityAttorney, explained that the ordinance states the Council will act in not
less than 5 days and that the propertyowner has already been given at least 3 weeks to correct
the problem before iteven comes before the Council.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that an emergency be declared and the ordinance be adopted
on a single reading,seconded by Mr.Pearce.
Action Taken:Mr.Shinn moved that the motion be amended to change five days to ten days in
section B. 2.seconded by Mr.Blessing,and passed with Mr.Reese opposed.
(J The amended motion passed with Mr.Tracy opposed.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
PARKS AND RECREATION AND OPEN SPACE COMPREHENSIVE PLAN /OJ*/
The Parks and Recreation and Open Space Comprehensive Plan was presented to Council for
adoption.
Action Taken:Mr.Tracy moved to adopt the Parks and Recreation and Open Space Comprehen
sive Plan as submitted exclusively for the city's own internal purposes and expressly not as a
component of the city's Land Use Comprehensive Plan being revised to comply with the Growth
Management Act,seconded by Dr.Covey,and passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
FIRE DEPARTMENT -UNION CONTRACT
The agreement with the Fire Department was submitted and authorization was requested for the
City Manager to sign the agreement on behalf of the city.
Action Taken:Dr.Covey moved that the City Manager be authorized to sign the agreement,
seconded by Mr.Pearce,and passed unanimously.
BIG BEND COMMUNITY COLLEGE -WATER/SEWER SERVICE
^J Ken Turner,Vice President,Big Bend Community College,is requesting approval to connect their
new library to the city water and sewer system.
Mr.Turner stated that this new building will replace an old libraryas well as some dining facilities.
He stated that they would like the required Extra Territorial Utility Agreement to encompass the
entire Big Bend Community College campus.The agreement would have to be approved by the
Board ofTrustees and signed by the State Board of Community College Education.
There was some discussion on the process of approval for the agreement.
Action Taken:Mr.Shinn moved that the request to connect at least the new libraryto the city's
water and sewer system be granted with the stipulation that an Extra Territorial Utility Agreement
be required,seconded by Mr.Reese.
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5955
CITY COUNCIL MINUTES March 25,2003
Dr.Covey pointed outthat inthe past the agreementswith agencies haveencompassedtheirentire
property, not just a segment.Hewould preferthat the entire campus be included inthe agreement.
Mr.Pearce also felt that the agreement should include the entire campus.
There was some additional discussion by the Councilon whether or not the entire campus should
be included in the required Extra Territorial Utility Agreement.
ActionTaken:Dr.Covey moved that the motion be amended to requirethe ExtraTerritorial Utility
Agreement be forthe entire Big Bend Community College Campus,seconded by Mr.Pearce,andfailedwithDr.Covey,Mr.Pearce,and Mr.Reese in favor,and Mr.Tracy,Mr.Blessing,Mr.Shinn,(~\
and Mr.Blackwell opposed.
The original motion passed unanimously.
H9$\SIDEWALK RAMP -AMEND COMMUNITY STANDARDS
The Department of Justice,Federal Highway Administration, and the Washington Department of
Transportation have required that all future handicapped ramps incorporate the use of truncated
domes.The Department ofJustice also requires thetruncated domes to be a different color.Staff
recommends the use of concrete pavers with truncated domes since any company that makes
pavers can supply this type of paver.
James A.Whitaker,City Attorney,explained the rules and exemptions under the Americans with
Disabilities Act that apply to sidewalk handicapped ramps.The state and federal standards have
been established and these standards will have to be used in order to obtain future state and
federal funding for street projects.One of the problems is that these standards may change inthe
future.
There was additional discussion by the Council.
Action Taken:Mr.Pearce moved that the new standards be adopted,seconded by Dr.Covey.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the item be tabled,seconded by Mr.Tracy,and passed with
Mr.Pearce opposed.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None O
COUNCIL QUESTIONS AND COMMENTS
//SINKIUSE SQUARE
Mr.Blackwell stated that the Rotary Club is interested in taking on the improvements to Sinkiuse
Square as a project and would like to meet with the city and Vision 2020 to discuss the issue.
There was some discussion and it was determined that a meeting should be arranged with the
Rotary Club on this issue.
Dr.Covey and Mr.Blackwell will represent the Council at any meetings with the Rotary Club.
/0/£WELLNESS AWARD
Mr.Blackwellinformed the Councilthat the city has received an AWCWellCity Award for2002 for
creating a healthy community.
CITY MANAGER REPORTS AND COMMENTS
/A3?ambulance report
The ambulance report for February 2003 was presented.
/0O3 INVESTMENT report
The investment report shows thatthe cityreceived$25,441.69ininvestment income for February /"-s
2003.'
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager,reported thatthe city received $312,436.19 in sales tax and
$17,051.01 in transient rental income in February 2003.
^REIMBURSEMENT CHARGESlon:,<,Joseph K.Gavinski,City Manager,distributed a report on the increase in the charges for thejIJifollowingwater,sewer,and street improvements -1997 sewer and water line project;Wapato
Drive;signal at Grape Drive andValley Road;sewer line on Block Street;2000waterline project;
2000 sewer line project;Yonezawa Boulevard;Clover Drive;Interlake Drive;Interlake water
connections;Interlake Sewer connections;and Braodway water connections.
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5956
CITY COUNCIL MINUTES March 25,2003
JAPANESE GARDEN -RESTROOM
Joseph K.Gavinski,City Manager,stated that the city would like to obtain the pre-fabricated
restroom for the Japanese Garden. This restroom can be obtained from the state contract for
about $76,000.The restroom will be eliminated from the bid for the improvements for the
Japanese Garden.
ANNEXATION UPDATE
Joseph K.Gavinski,City Manager, stated that the Supreme Court heard arguments on the
annexation issue. The city's legal counsel reported that things went very well.The decision ofthe
Supreme Court will come at a later date.
The regular meeting was adjourned at 8:45 p.m.
ATTEST:Mayo
-Finance Director
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