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2003 04 08u u 5957 MOSES LAKE CITY COUNCIL April 8,2003 Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Steve Shinn,and Richard Pearce Absent Ron Covey and Chris Blessing MINUTES:Mr.Tracy moved thatthe minutes ofthe March 25 meeting be approved as submitted, seconded by Mr.Shinn and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Pearce 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 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 on the below list as modified by the Council and noted upon said list for the Council meeting of April 8,2003 for the funds listed below are approved in the amount of $539,342.52. GENERAL FUND $83,482.95 AMBULANCE SERVICE FUND 229.54 STREET 10,193.38 AMBULANCE DEBT SERVICE 614.25 STREET REPAIR/RECON 56,776.00 UNEMPL COMP INSURANCE 519.25 EQUIPMENT LEASES 2,229.54 CENTRAL SERVICES 9,269.07 WATER/SEWER 44,016.96 EQUIPMENT RENTAL 23,485.60 1996 BOND REDEMP.FUND 61,427.50 BUILD MAINTENANCE 15,564.04 W/S CONSTRUCTION 229,306.92 FIREMANS PENSION 73.00 AIRPORT 1,131.87 TOTAL $539,342.52 Prepaid Claims:Prepaid claimsapproved by theCity Manager 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 $54,594.50 for all funds. EQUIPMENT LEASES $1,194.29 AMBULANCE DEBT SERVICE 309.86 WATER/SEWER 720.00 CENTRAL SERVICES 779.07 W/S LEASES 288.61 EQUIPMENT RENTAL 51,302.67 TOTAL $54,594.50 Prepaid Claims:Prepaid claimsapproved by theCity Manager 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 $218.11 for all funds. GENERAL FUND $204L36 EQUIPMENT RENTAL 13.75 TOTAL $218.11 Prepaid Claims: Prepaid claims approved by the City Manager 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 $21,061.90 for all funds. -1,277.56 CENTRAL SERVICES 4,305.23 EQUIPMENT LEASES 3,155.14 EQUIPMENT RENTAL 11,643.18 W/S LEASES 1,884.87 BUILDING MAINTENANCE 69.67 SANITATION 3.81 TOTAL $21,061.90 Claim Checks:Checks 18529through 18690 issued on March 26,2003 through April2,2003were approved for payment at the Council meeting held on April 8, 2003 in the total amount of $785,128.59. Payroll:The payroll issued on March 28,2003 having been approved pursuant to the rule of the CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 30789 through 30968 in the total amount of $58,066.87. (v_J Payroll:The payroll issued on March 31,2003 having been approved pursuant to the rule of the CityCouncil set forth inMoses Lake Municipal Code 3.42.040,was paidby checks 30969 through 30984 in the total amount of $2,910.99. PROCLAMATIONS A proclamation declaring April2003 as City of Moses Lake Annual Clean-up Month was read inits entirety. A proclamation declaring April 2003 as National Kite Month was read in its entirety. //3A 5958 CITY COUNCIL MINUTES April 8,2003 EMPLOYEE PRESENTATIONS -None CONSENT AGENDA j/03 Agreement -Central Bonded Collectors:An agreement was presented whichwouldallow Central Bonded Collectors to collect all debts of the city,including fines imposed by the Municipal Court. Authorization was requested for the City Manager to sign the agreement. JQBfi Agreement -Fireworks:An agreement with Western Display Fireworks was presented.This agreement provides that Western Display Fireworks will conductthe city's 4th of July fireworksdisplay.Authorization was requested for the City Manager to sign the agreement.f~*) /)?$Grant -Police Department:The Police Department requested authorization to apply for a grant from the Washington State Traffic Safety Commission to pay for overtime for the Click ItOr Ticket Traffic Emphasis. //JJ Grant -Police Department:The Police Department requested authorization to apply for a grant from the Beaumont Foundation of America for the purchase ofToshiba brand computerwhich will be used to facilitate DARE and SRO presentations and classroom instruction. //cZfa D&L Foundry FinalPlat: Fred Skinner,Western Pacific Engendering,has submitted a one lotfinal plat located off of Wheeler Road.The Planning Commission approved the final plat with the stipulation that the comments of the City Engineer be addressed. //^Request to Use Moses Lake Community Park Bov Scouts:The Boy Scouts of America have requested the use of the Moses Lake Community Park for their Spring Camporee on May 2-4, 2003. >'3Yti>Resolution -JAL Donation:A resolution was presented which accepts a $2,000 donation from Japan AirLines. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,except that the agreement with Central Bonded Collectors be tabled,seconded by Mr.Tracy,and passed unanimously. CONSIDERATION OF BIDS ALDER STREET EXTENSION PROJECT The city received three bids for the extension of AlderStreet to the Japanese Garden.This project consists of the extension of water and sewer and improvements to Alder Street with an option for the installation of the restroom foundation and the water and sewer services to the restroom.Staff also requested direction for setting up a reimbursement schedule for the street,water,and sewer improvements. Action Taken:Mr.Shinn moved that the base bid and option be awarded to Desert Rock Excavation in the amount of $88,985.81,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Pearce moved that staff be directed to establish a reimbursement schedule for the street,water,and sewer improvements,seconded by Mr.Reese,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS J/3f IRRIGATION AND REHABILITATION DISTRICT -WATER QUALITY The Moses Lake Irrigation and Rehabilitation District sent the city a letter expressing its concerns over the construction of additional septic tank/leach field systems in the shoreline area of Moses Lake. Joseph K.Gavinski,City Manager,statedthat he contactedthe Irrigationand Rehabilitation District and informed them that septic tanks are not allowed by the city in new construction though there are still some septic tanks existing.There are provisions that require those properties to connect to city sewerwhen those septic systems fail.Itwas pointed out that this was mainly for those areas outside the city where septic systems are more prevalent. No action was taken by Council. ////SINKIUSE SQUARE - ROTARY CLUB The Rotary Club of Moses Lake has proposed taking on the improvements to Sinkiuse Square as a club project. Joseph K.Gavinski,City Manager,stated that the Rotary Club has submitted an additional letter indicating their interest in working with Vision 2020 on Sinkiuse Square as part of the downtown redevelopment. No action was taken by the Council n n u u ^J 5959 CITY COUNCIL MINUTES April 8,2003 ORDINANCES AND RESOLUTIONS ORDINANCE -PARKING -1st READING An ordinancewas presented which providesfora handicap parking space on Beech Street infront of the Lakeview Apartments. KeithEasterly, Manager,Lakeview ParkApartments,explained that puttinga handicapped parking space in the existing 14-space parking lotwould consume two or three of the existing parking spaces.Since parking spaces are at a premium,the request was made to putthe handicapped parking space on the street. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"was read by title only. Mr.Pearce wanted to know if the handicapped space would be for the public or residents of the apartments. Mr.Easterly explained that a new handicapped tenant will be moving in who has a specially designed car that he would park in that space. Mr.Pearce was concerned that the citywould be providing a parking space on publicproperty for a handicapped resident of the apartments,ratherthan providing a handicapped parking space for persons visiting the area. There was some discussion by the Council. Action Taken:Mr.Tracy movedthat the ordinance be amended to changethe handicapped space to a loadingand unloading space,and the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE -VEHICLE IMPOUNDS -1st READING An ordinance was presented which amends the regulations pertainingto vehicle impounds due to a recent decision of the Supreme Court. The ordinance amending Chapter 10.40 of the Moses Lake Municipal Code entitled "Vehicle Impounds After Certain Arrests and Citations"was read by title only. James A.Whitaker,City Attorney,explained the decision of the Supreme Court and pointed out that this proposed amendment would clarify the factthat the policeofficer does have the right to impound vehicles under certain circumstances. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS FANCHER ANNEXATION Bob Fancher, Maiers Development Corporation,has requested the annexation of 5.7 acres of land located south of I-90 and east of Potato Hill Road.The Planning Commission has recommended that this property be annexed to the city. Joseph K. Gavinski, City Manager,stated that there is no reason to include the assumption of existing indebtedness in the approval of this request to annex since the city has no indebtedness. The Council should determine whether or not to proceed with the annexation and, if so,whether zoning regulations should be adopted. Action Taken:Mr.Shinn moved that the Notice of Intent to Annex be accepted and that the area be designated as a Business and Office Center Zone as proposed in the city's Comprehensive Land Use Plan,seconded by Mr.Tracy,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION PACIFIC RIM ETHANOL PLANT -CONDITIONAL USE PERMIT/SEPA DETERMINATION - APPEAL The Community Development Department has received an appeal with regard to the staff SEPA Determination ofa Mitigated Determination ofNon-Significance (MDNS)and conditional use permit approved by the Planning Commission for the Pacific Rim Ethanol project. Gerald Steel, representing the Building Trades Council,has filed an appeal to the SEPA determination and conditional use permit.The appeal(s)that have been filed by Mr.Steel are based on the idea that the SEPA reviewprocessand MDNS determination rendered are inadequate and subsequentlythe conditional use permit approval was flawed. /OJ7 /Oo>? /os<P /OSj 5960 CITY COUNCIL MINUTES April 8,2003 James A.Whitaker,City Attorney,pointed out that this is the first consolidated appeal under Title 20 that the staff has dealt with. He pointed out that WAC 197-11-680 provides that the SEPA appeal is consolidated with the closed record appeal on the land use decision.It was originally thought that in this combined appeal,it would be an open record appeal.Now it is believed that under WAC 197-1-680 that the entire process is a closed record process. Gerald Steel,representing the Central Washington Building and Construction Trades Council,felt that was an inaccurate reading and that since there has been no open record hearing on the MDNS,they have the right to introduce evidence.He agreed that they could not introduce evidence that would impact the decision on the conditional use permit since that is a closed recordhearing.f0*} There was some discussion by the Council on whether or notthis should be a closed record appeal or an open record appeal. The Council took a 10 minutes recess in order to obtain copies of WAC 197-11-680. There was additional discussion on whether or not an open record appeal is required. Action Taken:Mr.Tracy moved that an open public hearing be conducted on the MDNS to allow submittal of additional evidence,seconded by Mr.Pearce,and passed with Mr.Reese opposed. Action Taken:Mr.Tracy moved that a time limitof 20 minutes be established for final arguments by each side,seconded by Mr.Pearce,and passed unanimously. The open record hearing on the MDNS was opened. Gerald Steel,representing the Central Washington Building and Construction Trades Council, submitted a letter dated April 8,2003 (exhibit #1)and the qualifications of Paul Williams (exhibit 2). He stated that the major issues concern the Mitigated Determination of Non-Significance (MDNS). It is believed that the city's MDNS is inadequate and they request that the Council change that determination to a Determination of Significance,which willrequire the preparation of an Environmental Impact Statement (EIS)beforethe project can be approved.He mentioned that there are currently 80 ethanol plants in the United States and only 26 produce 40 million gallons or more per year.The Pacific Rim Ethanol Environmental Checklist indicates that this plant will produce 40 million gallons per year with the possibility ofdoubling that amount in the future.This doubling ofthe production was not considered inthe environmental analysis and should have been. There islessthan 10 plants in theUnited Statesthat are that large.He mentioned that all previous ^^ arguments submitted are also included in this argument.He requested that the Council grant the \\ SEPA appeal as it has been shown the project willhave probable significant adverse impacts and an Environmental Impact Statement be required. John Williams,Industrial Researcher,statedthat he researched five otherethanol storage facilities constructed in southern California to determine what type of environmental reviewwas conducted. These five facilities allhad environmental impact statements prepared.He felt that an environmen tal impact statement should be prepared for the Pacific Rim Ethanol plant to determine,among other things,the impact of truck traffic and possible alternatives.He submitted Appendix 1-A,U. S.Department of Transportation,Hazardous Material Safety,Commodity Summary by Incidents Rank -1987-1991 (exhibit 3)which indicates that there are 3 to 4 accidents per year involving an ethanol plant the size ofthe Pacific Rim Ethanol facility. Mr.Steel pointed out that a project of this size will have a significant environmental impact due to the traffic accidents that willoccur.He mentioned that the project will be using both train and truck traffic to move the ethanol but there is no safety analysis of the different scenarios between train and truck traffic.There is no analysis of the environmental impacts due to a truck/train collision. Mr.Williams discussed air pollution from truck/train collisions.Because of the amount of truck traffic there will be a significant increase in truck exhaust and there are no alternatives proposed. Mr.Steel pointed out that there is the potential forsignificant adverse environmental impacts from fires, spills, and explosions and an EIS would provide a means of reducing those impacts with alternative processing methods,etc. He pointed out that this plant will use a great deal of water and produce a tremendous amount of wastewater.There are some ethanol plants that produce no wastewater.Because this area has a shortageofwater,an EIS should be required to determine if there are alternative production methods available that would use less water and produce less wastewater.Alternative energy sources should also be addressed in an EIS. He pointed out that r-s the cumulative effect of the projectwill create a significantenvironmental impact and the Council ' should request an Environmental Impact Statement. Mr.Williams mentioned that the MDNS states that odor from the plant is generally pleasant and should not impact major areas of population.Since people several miles from the site were affected by the odors of the operation of the sugar beet plant, odors from this site could impact them also. 5961 CITY COUNCIL MINUTES April 8,2003 Mr.Steel pointed out that the odors come from the evaporation ponds and there would be no way to reduce their impacts.An EIS would also address alternative ways to process the wastewater. An EIS was required when the plant was proposed in the county and he submitted a list of significant probable impacts (exhibit #4). Mr.Steel stated that if the MDNS is affirmed,an additional condition should be added -the shared cost of signals atthe intersections of Wheeler Road and NNEand Wheeler Road and LNE. Ifthe Council grants the appeal on the SEPA determination,then a decision cannot be made on the conditional use permit untilthe EIS is submitted and approved. Quoting "We think you will likely approve the projectat that pointbut you will approve itas much safer and much less impacting i ,projectto the community and the workers." He stated that becausethis is the first time the cityhas ^y had tousethe appeal process under thenewregulations,that they are ata disadvantage and are concerned about two issues.The first issue is the fact that the Planning Commission considered the conditional use permit before any comments on the MDNS were submitted.The purpose of the MDNS isto provide information on the issuesto the decision makers and those comments were not available. He felt that was an error in the process and shifted the burden of proof from the applicantto them. The other issue isthe comments thatwere submitted atthe Planning Commis sion but were not reviewed by the Planning Commissioners before the decision was made.He requested that the Council consider all the information submitted prior to making a decision and require an EIS. Steve Johnston,Landeau Associates,submitted a Responseto Central Washington Building and Construction Trades Council Document Concerning the PRE MDNS (exhibit 1). He stated that when the projectwas proposed inthe county, an EIS was started because there were issues with wetlands and no utilities to the site.Before that process was complete,they had the opportunity to move the projectto the site ofthe former sugar beet factory.This site has no wetlands and there were few infrastructure issues since itis already served by roads,water,sewer,natural gas,and electricity.The only issues needing to be addressed are airquality,surface and ground water as it relates to wastewater discharge,transportation,and the risk of fireand explosion.These issues were addressed in the SEPA checklist.Both the city staff and the Department of Ecology (DOE) felt that the issues were adequately addressed.Safety for the community comes from a myriad of federal,state,and local regulations and controls, not just the SEPA process.The airemissions fall under what is considered significant and so Pacific Rim Ethanol proceed with the process to obtain an airquality permit from the DOE. He mentioned that the plantwill produce 54 gallons of wastewater per minute which will be accommodated in two existing ponds. The issue with wastewater is total dissolved solids and itis being managed in ways acceptable to the DOE.The plant will generate a significantamount of trafficand mitigation measures will be introducedto reduce the traffic impacts.Those measures include acceleration and deceleration lanes,center I j turn lanes,railroad crossing signalization,and other measures.There issome risk of fire and ^•^explosion atthe plant simply because ofthestorage oftheethanol but many safeguards have been built intothe operationof the plant.Pacific Rim Ethanol has gone beyond the requirements and built additional safeguards. There isa 2,500 gallon perminuteloop fire suppression system onsite which is capable of putting 6 million gallonsofwater on a fire within a few minutes. There is also an adequate amount of foam available.He felt thatthe cityhas followed a straight forward and acceptablerouteto reachtheirdecisions.Pacific Rim Ethanol will conformto all local,state, and federal regulations for the construction of this plant. Doug McKenzie,presidentandCEOof Pacific Rim Ethanol,pointed outthatmany farmers in the area will benefit from this project.He mentioned that under new federal regulations up to 3% of renewals will be required in gasoline by 2012. That means a 300% increase in production of ethanol. He submitted letters in favor of the project from Senator Doc Hastings,Senator Patty Murray,andGovernor Gary Locke (exhibits #2).He statedthatthey will install the best available technology in the plant. Staff was requested to provide comments onthe Mitigated Determination of Non-Significance for the Pacific Rim Ethanol Plant. Lori Barlow,Associate Planner,stated that the MDNS was issued by the city in conjunction with the DOEas co-lead agency forthis project.This projectwas started inthe county andthe county didstartthe EIS process. When the project was moved intothe city's limits,bot the cityand DOE reviewed the work done by the county and determined that it was unlikelythe issues would still pose significant adverse impacts. The citysolicited comments from agencieswithjurisdiction prior to a determination on the SEPA. Very few comments were received and none of the agencies indicatedan EISwas necessary.A public information meeting was held on this project.Another meeting was also held between the city and DOE and itwas felt that the mitigation measures required were adequate. The MDNS was issued the day prior to the consideration of the\^J conditional use permit by the Planning Commission.The traffic study conducted by J-U-B Engineers,Inc.outofSpokane,Washington was submitted for the record (exhibit #3). She pointed out that the Planning Commission held a 3 Vz hour meeting on this subject at which Mr.Steel, representatives from Pacific Rim Ethanol,and membersofthe public spoke on various issues. Heidi Scheibner,DOE,stated that all persons from DOE who have worked on this project are comfortable with what Lori had to say. Dave Helms,Fire Chief, stated that part of the review process of the fire protection concerns will include a fire protection engineertoaddressthe fire protection challengesandalsoto look atand evaluatethe city's fire departmentto determine itscapability to handleany fires atthe plant.The 5962 CITY COUNCIL MINUTES April 8,2003 city will also determine any additional supplies,equipment,and training that may be needed to enable the Fire Department to provide fire protection to this plant.The Fire Marshal has addressed additional concerns.He pointed outthat the anticipated numberoftruck accidentswas based on traffic in southern California.The Moses Lake area does not have the same volume of traffic and so the number of possible traffic accidents should be significantly less.He pointed out that a traffic incident requiring reporting to DOE is significantly different than an catastrophic event or accident.He pointed out that the fire protection engineer review required for mitigation will be part of the plan review process priorto approval of the project. Gary G. Harer, Municipal Services Director,stated that the decisions on the traffic mitigation arebasedonthereportfromJ-U-B Engineers,Inc.He mentioned that the intersection of1-90 and SR f~*) 17 willbedegraded from level C to level D,with or without the ethanol plant.Level C is a very good level of service and level D is acceptable.Itis a difficult intersection to install a signal because of the close proximity of Kittleson Road and the previous signal.Rather than the loss of 2,000,000,000 gallons ofwater for the plant use,the plant would use approximately 187,000,000 gallons per year.This will not adversely affect the ground water supply though the city will work with Pacific Rim Ethanol to try to reduce this amount.The water used during construction is about 8,000,000 gallons and also will not affect ground water supplies.The traffic mitigation required includes left hand turn lanes at Wheeler and M,which will keep the level of service near where it is now.This intersection does not warrant a traffic signal at this time.Automatic gates have been installed at the railroad crossing on Road N.Acceleration and deceleration lanes will have to be constructed for entering and exiting traffic at the main entrance at this plant.The number of accesses from Wheeler Road is limited to two for safety purposes.Pacific Rim Ethanol is to pay for any damage to the roads caused by their operation during load restriction times and also participate in the reconstruction of Road N when itis builtfrom Wheeler Road to the frontage road. The truck traffic will be restricted to county roads and routes that are structurally adequate to handle the increased loads.PRE is to also participate in the cost of improvements to Wheeler Road and Highway 17. Mr.Steel stated that for an unusual project codes are not enough and that is when SEPA kicks in to address the additional issues that code compliance does not address.He pointed out that the DOE can only address certain limited measures dealing with air impacts by requiring certain levels of technology to be placed on the project. He felt that compliance with the fire codes and the additional measures are not adequate and a studydone after approval is not sufficient.He pointed out that most ofthe material on the record was submitted afterthe MDNS was issued and was not considered by staff before issuing the MDNS or the Planning Commission priorto approving the conditional use permit. He pointed out that the data used inthe study of truck accidents involving ethanol plants was nation wide and indicates that catastrophic accidents would occur every two to —^ four years and incidents would occur on an average of four peryear. He mentioned that the aquifer \l would lose 16'ofwater every year on this site.He pointed out that even though it was determined that a signal is not warranted on Wheeler Road at N and L Roads,the Comprehensive Plan states that signals are needed. All persons who testified were placed under oath and swore that the testimony given before the Council was the truth,the whole truth,and nothing but the truth. The open public meeting was closed. Action Taken:Mr.Tracy moved that the Council adjourn to an executive session to deliberate on this project,seconded by Mr.Pearce,and passed unanimously. The regular meeting was recessed at 10:05 p.m.and the Council met in executive session to discuss the appeal of the Pacific Rim Ethanol project.The regular meeting was reconvened at 10:25 p.m. Action Taken:Mr.Tracy moved that the appeal of the Pacific Rim Ethanol project be continued to April 15 at 7 p.m. in the Council Chambers,seconded by Mr.Reese,and passed unanimously. /C&5~TOWER PERMITAGREEMENT - CINGULAR A Tower Permit Agreementwas presented which would allow Cingular Wireless to place antennas on Reservoir #1 for wireless phone service.Authorization was requested for the City Manager to sign the agreement. Action Taken:Mr.Tracy moved that the City Manager be authorized to sign the agreement,seconded byMr.Reese,and passed unanimously.f~\ /2P5~TOWER PERMIT AGREEMENT-AT&T A Tower Permit Agreement was presented which would allow AT&T Wireless to place antennas on Reservoir #1 for wireless phone service.Authorization was requested for the City Manager to sign the agreement. Joseph K.Gavinski,City Manager,stated that AT&T Wireless is requesting the same arrange mentthe city has with Cingular.The request has been reviewed by staffand if Council agrees,the same agreement will be established with A T &T as the city has with Cingular. u u 5963 CITY COUNCIL MINUTES April 8,2003 Eland Grove, Pacific Telecom Services,representing AT&T,pointed out that the proposed agreement would need to be reviewed by A T &T's legal staff. Mr.Shinn requested a drawing showing all the antennas that would be placed on the tower prior to approving an agreement. GaryG.Harer,Municipal Services Director,statedthatifCouncil approvedthe request,staffwould work with A T &T on the placement of the antennas so that they would not interfere with city operations. There was some discussion on the sizeand placement of the antennas and associated equipment. Action Taken:Mr.Reese moved that the City Manager be authorized to sign the agreement, seconded by Mr.Pearce, and passed with Mr.Shinn opposed. POLICY -LIQUOR IN PARKS A policy was presented whichwouldgivethe City Manager the authority to permit the use of liquor on city-owned property. There was some discussion bythe Counciland itwas recommended that any request forliquor on city property be made at least 30 days prior to the event and also provide for approval by Council on a shorter notice. Staff was directed to amend the policy and provide it for consideration at the April 15 continued meeting. POLICY -STREET CLOSURES A policy was presented whichwouldgivethe CityManagerthe authority to approvethe closure of city streets. There was some discussion by the Council and it was recommended that any request to close a street be made at least 30 days priorto the event and also provide for approval by Council on a shorter notice. Staff was directed to amend the policy and provide it for consideration at the April 15 continued meeting. POLICY -SIDEWALK REPAIR A policy was presented which concerns sidewalk repairs. It was the consensus of the Council that this policy be considered at the April 15 continued meeting. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS TITLE 20 Joseph K.Gavinski,City Manager, distributed the information the Council considered duringthe study session on Title 20. BROADWAY -SNOW AND ICE REMOVAL Joseph K.Gavinski,City Manager,stated that the city had received a letter from the Department ofTransportation which stated that they feel the city is responsible for snow and ice removal on Broadway and will no longer provide those services.He pointed out that they have not addressed the Council's concern about"adequate"equipment.He suggested that a letter be sentto the DOT stating that while the DOE feels the obligation to provide snow and ice removal on Broadway clearly belongs to the city,the city feels the DOT has the obligation and that the DOT agreed to continue .to provide snow and ice removal until the issue is resolved.Since the DOT has not answered the V>requests ofthe city concerning adequate equipment,the city willcontact the legislature to try and get this issue resolved legislatively. It was the consensus of the Council that the City Manager send a letter to the Department of Transportation. INSURANCE Joseph K.Gavinski,City Manager,distributed information on the costs for different insurance companies.As a result of changing brokers,the insurance package with St.Paul has been modified and it will increase the city's deductible from $25,000 to $50,000 and increase the /4fc>" //&£ /oYo /O// //5% /£»/ 5964 CITY COUNCIL MINUTES April 8,2003 premiums by $13,000.The city could obtain insurance from the Washington Cities Insurance Authority or the Cities Insurance Authority of Washington.He explained the different insurance packages. There was considerable discussion concerning the city's insurance. Action Taken:Mr.Reese moved that the city remain with Argus until at least April 2004,seconded by Mr.Pearce,and failed with Mr.Pearce,Mr.Reese,and Mr.Blackwell in favor,Mr.Tracy,and Mr.Shinn opposed, There was additional discussion and it was the consensus of the Council that the insurance be discussed at the next meeting. The regular meeting was recessed at 11:05 p.m.and continued to April 15,2003 at 7 p.m.in the Council Chambers. ATTEST:Mayor Ffnance Director r