2003 04 15u
5965
MOSES LAKE CITY COUNCIL
April 15,2003 -continued meeting of April 8,2003
Council Present: Lee Blackwell,Larry Tracy, Brent Reese,Steve Shinn,Richard Pearce, Ron
Covey and Chris Blessing
EMPLOYEE PRESENTATIONS -None
CONSENT AGENDA -None
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS -None
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
PACIFIC RIM ETHANOL PLANT -CONDITIONAL USE PERMIT/SEPA DETERMINATION -tn<-\APPEAL f^Oai
The Community Development Departmenthas received an appealwith regard to the staff SEPA
Determination ofa Mitigated Determination of Non-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 reviewprocess and MDNSdetermination renderedareinadequate and subsequently the
conditional use permit approval was flawed.
Gilbert Alvarado,Community Development Director,pointed out that the Council discussed this
item at the April 8 meeting.»
Joseph K.Gavinski,CityManager,stated thatthe Councilheardtestimony and received documen
taryevidence during the April 8 meeting and discussion on the issues was continuedto April 15.
Action Taken:Mr.Tracy moved that the Council adjourn to an executive session to discuss thelJPacificRimEthanolproject,seconded by Mr.Pearce.
James A. Whitaker, CityAttorney, pointed out that onlythe five Council members inattendance
at the April8 meeting are eligible to vote on this issue.
Gerald Steel, representing the Building Trades Council,objected to the executive session as he
felt it was a violation of the open public meetings act.
The motion passed unanimously.
The meeting was recessed at 7:07 p.m.The meeting was reconvened at 7:25 p.m.
Action Taken:Mr.Tracy moved that with the evidence and argument presented atthe hearing that
the Central Washington Building and Trades Council and affiliated unions have no standing to
appeal the decision of the Planning Commission orthe MDNS,and the appeal should be denied;
however,notwithstanding that dismissal,as to the merits of the appeals,the Mitigated Determina
tion of Non-Significance issued bythe cityand the Department of Ecology should be sustained and
the appeal denied,and the proposal be found to be substantially mitigated and to not have a
probable significant adverse impact on the environment as mitigated and an EIS is not necessary;
and,the conditional use permit issued to Pacific Rim Ethanol be sustained and the appeal of the
conditional use permit be denied;and,staff be directed to prepare findings and conclusions
consistent with the decisions ofthe Council and the evidence that has been presented,seconded
by Mr.Pearce,and passed with Mr.Pearce,Mr.Tracy,Mr.Shinn,Mr.Reese,and Mr.Blackwell
in favor.
CENTRAL BONDED COLLECTORS -AGREEMENT
/|Anamendmenttothe agreement betweenthe city andCentral Bonded Collectors was presented
Ky which would allow Central Bonded Collectors to collect alldebts ofthe city, including the penalties,
fines,and fees imposed by the Municipal Court.
Action Taken:Mr.Shinn moved that this item be removed from the table,seconded by Mr.Reese,
and passed unanimously.
Action Taken:Dr.CoVey moved that the City Manager be authorized to sign the amendment to
the agreement,seconded by Mr.Reese."
Mr.Shinn objectedto the collection agency collecting an additional 50%ofthe debt as a collection
fee.
The motion passed with Mr.Shinn opposed.
//03
5966
PLANNING COMMISSION MINUTES April 15,2003
/£?5"POLICY -LIQUOR IN PARKS
A policy was presented which would give the City Manager the authority to permit the use of liquor
on city-owned property.
Action Taken:Dr.Covey moved that the policy be adopted,seconded by Mr.Shinn,and passed
unanimously.
//S<J POLICY -STREET CLOSURES
A policy was presented which would give the City Manager the authority to approve the closure of f\
city streets.
Action Taken:Mr.Reese moved that the policy be adopted,seconded by Mr.Pearce,and passed
unanimously.
/OtiS"POLICY -SIDEWALK REPAIR
A policy was presented which concerns sidewalk repairs.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the sidewalk policy be adopted and that ROW bewritten out
as right-of-way,seconded by Mr.Pearce.
Mr.Tracy pointed out that sidewalk repairs are required because of safety issues,not beauty
issues,and for that reason grouting should be allowed as itwould limitthe costto property owners.
The motion passed with Mr.Tracy opposed.
/O^Y INSURANCE
St. Paul has offered the city a different insurance program through Argus Insurance than was
provided through the city's previous broker,Rogers and Norman.The new program has an
increased deductible of $50,000 with an approximate 7%increase in premium.Insurance
programs are also offeredthrough theCities Insurance AssociationofWashington (CIAW)and the
Washington Cities Insurance Authority (WCIA).
Joseph K.Gavinski,City Manager,stated that Argus has recommended that thecity consider the f**)
offer from CIAW.He recommended thatthe city considerthe WCIA program.He pointed outthat
with CIAW there is a double premium that would have to be paid in an approximate amount of
$330,000.The WCIA premium is about $215,000.WCIA is more expensive but the city would
obtain a $14,000,000 liability coverage;the coverage for property is the city's full $40,000,0000;
and the city would receive full coverage for all its vehicles over $25,000.CIAW provides a
$10,000,000 liability coverage and only covers fire apparatus and ambulances over $25,000.
WCIA also provides pre-litigation,legal,and other professional assistance at no cost.The city has
dealt with CIAW on claims and has hadto workwith different claims adjusters.WCIA would assign
a single claims adjustor to the city. He felt that WCIA has an extremely aggressive claims
adjustment and settlement program.He has not always been satisfied at the way CIAW has
handled some of the city's claims and explained some of the problems.He felt that the better
choice for the city would be WCIA.
Paul Kluber,Argus Insurance,stated that CIAW is willing to accept the pro-rated amount of
$89,000 for the period between April 1 and September 1 and after the renewal date of September
1,the city could make monthly payments with no interest or penalties to December 31,2003.The
balance ofthe premium would be due on January 1,2004.The renewal date is September 1 and
there could up to a 15%increase in the premium.He went overthe WCIA insurance program and
mentioned that the yearly premium would be $304,957;the yearly premium for CIAW would be
$211,619,which is $93,338 less than the program offered by WCIA.He went over the differences
between coverages offered by CIAW and WCIA. He mentioned that Argus would work with
Canfield to address the concerns the city has with the claims adjustors.
There was considerable discussion by the Council.
Action Taken:Mr.Blessing moved that the city accept the quote from CIAW provided the cityreceivesthepro-rated amount with adeductible of $25,000,seconded by Mr.Tracy.^-*s
There was additional discussion by the Council.~"
The motion passed with Mr.Blessing,Mr.Tracy,Mr.Shinn, and Mr.Pearce infavor,Dr.Covey and
Mr.Reese opposed,and Mr.Blackwell abstaining.
Action Taken:Mr.Shinn moved that the city direct Argus notify CIAW at the appropriate time that
the city would withdraw from the pool as of 8/30/04,seconded by Dr.Covey,and passed with Mr.
Tracy and Mr.Blackwell opposed.
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5967
PLANNING COMMISSION MINUTES April 15,2003
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
AMBULANCE SERVICE
Mr.Shinn suggested that the ambulance committee meet with Grant County Fire District #5 totry
to resolve the issues rather than relying on the Department of Health.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS -None
The meeting was adjourned at 8:50 p.m.
ATTEST:Mayor
Finance Director