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2003 08 12u u u MOSES LAKE CITY COUNCIL August 12,2003 6007 Council Present: Lee Blackwell,Larry Tracy, Brent Reese,Steve Shinn,Richard Pearce,Ron Covey,and Chris Blessing MINUTES:Mr.Shinn moved that the minutes of the July 22 meeting be approved as submitted, seconded by Mr.Reese 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 Dr.Covey,and passed unanimously. Vouchers auditedand certified bythe Finance Director as requiredby RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on a listingwhich has been made availableto the CityCouncil. Claims:The vouchers included on the below listas modified by the Council and noted upon said list for the Council meeting of August 12,2003 for the funds listed below are approved in the amount of $1,135,759.71. GENERAL FUND TOURISM ACTIVITIES PATHS &TRAILS STREET STREET REPAIR/RECON EQUIPMENT LEASES 1998 REFUNDING GOB 2002 REFUNDING BONDS STREET IMPROVEMENT PARK &REC.IMPROVE. WATER/SEWER 1992 BOND FUND $96,577.28 6,146.25 2,031.39 48,910.71 48,368.74 3,626.93 115,204.48 247,318.29 36,858.00 2,690.86 84,520.83 25.46 1994 BOND FUND 42,360.00 W/S CONSTRUCTION 52,581.21 W/S LEASES 1,745.91 SANITATION FUND 104,559.60 AIRPORT 1,748.28 AMBULANCE SERVICE FUND 7,015.58 AMBULANCE DEBT SERVICE 2,581.10 UNEMPL COMP INS 8,416.91 CENTRAL SERVICES 10,992.03 EQUIPMENT RENTAL 48,090.60 BUILD MAINTENANCE 163,389.27 TOTAL $1,135,759.71 Prepaid Claims:Prepaid claimsapprovedbythe CityManageraccording tothe 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 availableto the City Council.The claims listed below are approved in the amount of $922.25 for all funds. GENERAL FUND W/S CONSTRUCTION TOTAL $907.46 14.79 $922.25 Prepaid Claims: Prepaid claimsapprovedbythe CityManageraccordingtothe 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 listingwhich has been made available to the City Council.The claims listed below are approved in the amount of $691,792.69 for all funds. GENERAL FUND 1996 BOND RESERVE 1992 BOND FUND $26.55 1992 BOND RESERVE 69,258.00 1994 BOND RESERVE 613.14 TOTAL 576,810.00 45,085.00 691,792.69 PrepaidClaims:Prepaidclaims approved bythe CityManageraccordingtothe 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 $42.67 for all funds. GENERAL FUND STREET TOTAL $25.36 17.32 $42.67 Claim Checks:Checks 20066 through 20267 issued July 22,2003 through August 88,2003 were approved for payment at the Council meeting held on August 12,2003 in the total amount of $1,366,613.25. Payroll:The payroll issued on July 31,2003 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 32179 through 32187 in the total amount of $1,985.65. Payroll:The payroll issued on August 31,2003 having been approved pursuant to the rule of the CityCouncil set forth inMoses Lake Municipal Code 3.42.040,was paidby checks 32188 through 32359 in the total amount of $79,732.89. EMPLOYEE PRESENTATIONS/AWARDS -None CONSENT AGENDA Request to Apply for LocalLaw Enforcement Grant:Staff requested authorization to apply fora LocalLawEnforcement BlockGrant. The grantwill be about $12,400 and will requirea local match of 10%.The funds will be used to purchase carvideos forthe policevehicles. J/79 6008 CITY COUNCIL MINUTES August 12,2003 /OVk Resolution -Accept Donation -Wal-Mart:Aresolution was presented which accepts $500 fromtheMosesLakeWal-Mart.The funds will be used for the Special Olympics program. J0/7 Resolution -Declare Property Surplus/Auction:A resolution was presented declares property surplus and provides for its sale at publicauction. Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded byMr.Tracy. Mr.Shinn statedthatother public agencies maybe interested in the city's surplus property and he requestedthatthe resolution bechangedto allow the purchase ofitems prior tothe public auction. JamesA.Whitaker,City Attorney,statedthatadditional language would beaddedtothe resolution which would provide that identified items may be offered toother municipal corporations or public entities priorto the auction. Mr.Reese and Mr.Tracy agreed tothe change tothe resolution on the surplus property. There was some discussion by the Council. The motion passed with Dr.Covey and Mr.Pearceopposed. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ;/77 RESOLUTION -ADOPT SIX YEAR STREET PROGRAM A resolution was presentedwhich adoptsthe SixYear Street Program for 2004-2009. The public hearing was opened.There were no comments. Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Dr.Covey,and passed unanimously. The resolution toamend Resolution 2456Transportation Improvement Program for 2004-2009 was read by title only. Action Taken:Mr.Pearce movedthatthe resolution be adopted,seconded by Mr.Tracy,and passed unanimously. n n )D21 % )03? ORDINANCES AND RESOLUTIONS ORDINANCE -PARKING REGULATIONS - 2nd READING At the request ofthe School District,an ordinance was presented which would prohibit parking during schoolhours,except for schoolbuses,along Fourth Avenue from Elm Street andextending 325'along the southeasterly side of Fourth Avenue. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"was read by title only. ActionTaken:Mr.Blessing moved that the second readingof the ordinance be adopted,seconded by Mr.Tracy, and passed unanimously. ORDINANCE -AMEND POLICE RESERVES An ordinance was presented which formalizes the city's practice with regard to providing funds for police reserves and fire volunteers based on the number of shifts they work. The ordinance amending Chapter 2.84 ofthe Moses Lake MunicipalCodeentitled"Police Reserve" was read by title only. Action Taken:Dr.Covey moved that the first reading of the ordinance be adopted,seconded by Mr.Tracy,and passed unanimously.s~^ REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS ANNEXATION -JORGENSEN Paul and Sharon McConkie and Ken and Marilynne Jorgensen have requested the annexation of approximately 10 acres of property located on Nelson Road ease of the current city limits.The Notice of Intent to Commence Annexation Proceedings and the Petition for Annexation were presented for Council consideration. Gilbert Alvarado, Community Development Director,explained the annexation process for the Council. \J u 6009 CITY COUNCIL MINUTES August 12,2003 Joseph K.Gavinski,City manager, explained that the Council should first accept the Notice of Intent and then accept the Petition for Annexation. He further explained that the annexation request must be consideredbythe Boundary Review Board prior to action bythe Council on any ordinance approving the annexation. Action Taken:Mr.Pearce moved that the Notice of Intent be accepted,seconded by Dr.Covey, and passed unanimously. Action Taken:Dr.Covey moved that the Petition for Annexation be accepted,seconded by Mr. Shinn,and passed unanimously. RESOLUTION -VACATE EASEMENT -CRESTVIEW ADDITION A resolution was presented which provides for the abandonment of an easement along the northerly lot line of Lot1, Block 1,Crestview Heights.Additional land has been added to this lot through a lot line adjustment and the easement bisects the property.New easements will be provided aroundthe perimeterofthe new lot.The PUD has requested a 10'wide easement along the new property lines. Gilbert Alvarado, Community Development Director,explained that in order to make a more buildable lot,property was added to the lotthrough a lot line adjustment, whichthen placedthe easement the middle of the lot.Since structures cannot be constructed over an easement,the request has been made to vacate this easement.New easements will be provided around the perimeter of the new lot. The resolution authorizing abandonment of an easement was read by title only. Action Taken:Mr.Blessing moved that the resolution be adopted,seconded by Mr.Tracy, and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION STREET LIGHTS -PUD The Grant County PUD has offered to pay for one half of the material cost to replace existing incandescent bulbs inthe trafficsignals withLightEmittingDiode(LED)bulbs.The costto replace the bulbs is $34,474 but over three years the city will save $17,237.Also, the LEDbulbs will last (j twice as long as the incandescent bulbs. There was some discussion by the Council. Action Taken:Mr.Shinn moved that the City Manager be authorized to execute the agreement with the PUD,seconded by Dr.Covey,and passed unanimously. ASPI -REQUEST FOR WATER/SEWER The ASPI Group is requesting approvalto extend citywater and sewer along Loring Drive,Owen Road,and Westover Boulevard.This area is contiguous to the existing city limits.The city has sufficient capacity for the proposed commercial development. Therewas somediscussion and itwas pointed out that sincethe property is adjacentto theexisting city limits,the property will have to be annexed prior to them obtaining city water and sewer. Action Taken:Mr.Pearce moved that water and sewer be extended to this ASPI property as requested providedthe property is firstannexed,seconded by Dr.Covey,and passed unanimously. REQUEST TO USE CITY PROPERTY Alan Heroux is requesting thatthe two entrance handicap ramps for the building located at 211 N. Elder Street be allowed to encroach into the city's right-of-way. Both proposed ramps and steps will be fronting on Elder Street and will extend into the city right-o-way-approximately 1 foot. A different option would be to construct the ramp inside the building so that the bottom of the ramp would be the same elevation as the sidewalk. There was some discussion by the Council. ActionTaken:Mr.Pearce moved that permission be granted forthe handicap ramp and landing at 211 N. ElderStreet be allowedto encroach intocityright-of-way,seconded by Mr.Blessing, and passed unanimously. SIDEWALK REPAIR Nolan Merkley is requesting that the city replace the hazardous sidewalk that fronts 945 W. Third Avenue as he claims thatthe settlement was caused by poor compaction during a utility repair. Staff could find no evidence of a patchthat wouldindicatea utility repair.Water and sewer mains are on the opposide of the street and the water meter servicing this address is on Ivy Street. However,large vehicles are parkedon this portion of the sidewalk. The curb is required to be replace nexttothis portion of sidewalk dueto settlement,which mayhvebeenteh result of parking on the sidewalk and curb. JD/Z //n //tj>6> //& /Dtfs- 6010 CITY COUNCIL MINUTES August 12,2003 Ron Baker,representing Nolan Merkley,stated that inthis area the sidewalk has failed as has the curbforapproximately20'.The failure has been there quite a longtimeas evidenced byan asphalt patch done about 10 years ago. The curb and the patch are still in one piece but there is a gap between the curb and the sidewalk.It is felt that the sidewalk failure is a result of the curb failure and since the curb isthe responsibility ofthe city,itisfeltthat the cityshould repair this section of curb and sidewalk. There was considerable discussion on the failure of the curb and sidewalk and who might be responsible. Joseph K.Gavinski,City Manager,pointed out that the ordinance on sidewalk repairs is written without reference to whose fault it may be. The ordinance states that the property owner is responsible to keep the sidewalk infront of his property ina good state of repair. He pointed out that lately the Council has been considering city participation in sidewalk repairdueto extraordinary circumstances,but the ordinance does not address the issue of fault. Action Taken:Dr.Covey moved that the request for city participation in the sidewalk repair be denied,seconded by Mr.Pearce. There was additional discussion by the Council. The motion passed with Dr. Covey,Mr.Pearce,Mr.Reese,and Mr.Shinn in favor and Mr. Blessing,Mr.Tracy,and Mr.Blackwell opposed. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS 10*/«£>"SIDEWALKS -ADA REQUIREMENTS Joseph K.Gavinski, City Manager,stated that the Ninth CircuitCourt of Appeals has ruled that it isthe duty ofa cityto make curbs ADA accessible.Since the United States Department of Justice claims that truncated domes are part ofthe ADA requirement for a sidewalk, the cityis required to install them. James A.Whitaker, City Attorney, pointed out that the court also determined that a city is responsible to keep the space between access ramps from of obstructions,including ADA cracks inthe sidewalks.That standard is much stricter than the city's current standard. I£00 REFINANCING BOND DEBT Joseph K.Gavinski, CityManager,stated that Martin Nelson &Company has submitted information on the possible refinancing ofthe bond debt on the main fire station.Since this was first proposed, the bond rates have increased and the savings no longer justify the refinancing. MULTI-FAMILY HOUSING TAX EXEMPTION PROGRAM -GROWTH MANAGEMENT/VISION 2020 Joseph K.Gavinski,City Manager,stated that staff has identified a process whereby property owners could applyfora property tax exemption forthe construction of new multi-family housing or the rehabilitation of existing vacant and/or underutilized buildings to multi-family use in urban centers. Gilbert Alvarado,Community Development Director,stated that multi-family housing is an issued promoted under the Growth Management Act.Legislation was passed that would promote in-fill or redevelopment in certain designated area by providing tax incentives.The city at this point has not yet adopted such a process but with the interest from Vision 2020 it may be time to address the issue.He pointed out that a target area must be established. There was some discussion by Council and staff was directed to proceed with the program. The regular meeting was recessed at 8:20 p.m.and the Council met in an executive session to discuss litigation.The executive session was adjourned at 9:30 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 9:30 p.m. ATTEST:Mayor Finance Director ~