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2003 12 09u u <J 6048 MOSES LAKE CITY COUNCIL December 9,2003 Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Steve Shinn,Richard Pearce,Ron Covey,and Chris Blessing MINUTES:Mr.Pearce moved that the minutes of the November 25,2003 meeting be approved as submitted,seconded by Mr.Reese and passed unanimously. Mr.Pearce moved that the minutes of the November 18,2003 study session be approved as submitted,seconded by Dr.Covey,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Blessing,and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,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 November 25,2003 for the funds listed below are approved in the amount of $534,383.42. GENERAL FUND $44,604.25 SANITATION FUND 71,368.13 PATHS AND TRAILS 119.38 AIRPORT 23.05 STREET 42,024.64 AMBULANCE SERVICE FUND 1,245.47 STREET REPAIR/RECON 21,489.13 AMBULANCE DEBT SERVICE 614.26 EQUIPMENT LEASES 2,229.55 CENTRAL SERVICES 8,004.45 WATER/SEWER 195,683.11 EQUIPMENT RENTAL 26,155.20 W/S CONSTRUCTION 109.013.12 BUILD MAINTENANCE 10,787.21 W/S LEASES 1,022.47 TOTAL $534,383.42 Prepaid Claims: Prepaid claims approved by the CityManager accordingto 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 $1,705.12 for all funds. STREET REPAIR/RECON $1,425.12 AIRPORT 280.00 TOTAL $1,705.12 PrepaidClaims: Prepaidclaims approved bythe CityManager according to the 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 $365,869.55 for all funds. GENERAL FUND $250,081.98 AMBULANCE SERVICE FUND 115,776.82 WATER/SEWER 10.75 TOTAL $365,869.55 Claim Checks:Checks 21589 through 21763 issued November 26,2003 through December 5, 2003 were approved for payment at the Council meeting held on December 9, 2003 in the total amount of $696,296.61. Payroll:The payroll issued on November 26, 2003 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 33099 through 33119 in the total amount of $8,620.92. Payroll:The payroll issued on December 5,2003 having been approved pursuant to the ruleofthe CityCouncilset forth inMoses Lake Municipal Code 3.42.040, was paidby checks 33120 through 33171 in the total amount of $49,529.87. EMPLOYEE PRESENTATIONS/AWARDS Public Works:James Whitmore,WastewaterTreatment Plant Operator,was presented to Council. CONSENT AGENDA Resolution -Accept Donation -Wal-Mart:Aresolution was presented which accepts $500 from the /0¥& Moses Lake Wal-Mart.The funds are to be used for equipment and fire prevention and education supplies. Resolution -Accept Donation -Wal-Mart:A resolution was presented which accepts $1,000 from /OY(? the Moses Lake Wal-Mart.The funds are to be used for the Special Olympics Program. Resolution -Accept Donation -Wal-Mart:A resolution was presented which accepts $500 from the /C>Y(p Wal-Mart Foundation.The funds are to be used for equipment and operating supplies for the Tactical Response Team. 6049 CITY COUNCIL MINUTES December 9,2003 //3(jp Resolution -Accept Grant:Aresolution was presented which accepts agrant from the Washington State Archives Local Records Grant Program in the amount of $13,710.The funds will be used to establish a city-wide system ofactive records storage,implement a backup system to microfilm, and provide offsite back up of all critical records. Action Taken:Mr.Tracy moved that the Consent Agenda be approved,seconded by Mr.Shinn, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None ORDINANCES AND RESOLUTIONS J£QQ ORDINANCE -BOND REFINANCING -SINGLE READING An ordinance was presented which provides for the refinancing of bonds in the amount of $2,725,000. The ordinance of the City of Moses Lake,Washington,authorizing the issuance and sale of limited tax general obligation refunding bonds of the City in the aggregate principal amount of $2,725,000 to provide funds to refund certain outstanding general obligation bonds of the City; providing the date,form and redemption provisions of said bonds;providing for the disposition of the bond proceeds;providing for the annual levy of taxes to pay the principal of and interest on the bonds; approving an undertaking forongoing disclosure; and authorizing the sale of bonds was read by title only. Jim Nelson,Martin Nelson &Co.,presented a contract for the bond purchase.He pointed out that the city will save about $502,000 with an average 4.15%interest rate for the next 20 years.The bonds are insured and have received the highest rating possible.The city's underlying bond rating has been affirmed at a strong A-. Action Taken:Mr.Shinn moved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Dr.Covey,and passed unanimously. ORDINANCE -PUD FRANCHISE -1STREADING An ordinance was presented which grants a franchise to the Grant County PUD to locate, construct,operate,and maintain their facilities within the city's rights-of-way and other public property. Joseph K.Gavinski,City Manager,distributed a letter from the PUD which outlined several amendments that they would like to see in the franchise. There was some discussion by the Council. Action Taken:Mr.Tracy moved that the ordinance be tabled,seconded by Mr.Blessing,and passed unanimously. /Q/O ORDINANCE -ADOPT 2004 BUDGET -1ST READING An ordinance was presented which adopts the 2004 budget.The ordinance varies from the initial budget in that it includes an expenditure from the second 2% in hotel/motel tax for the summer concert series and the fireworks display and it reflects a transfer from the General Fund to the Ambulance Fund to cover the difference between revenues and expenditures. The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 2004 was read by title only. ActionTaken:Dr.Covey moved that this item be brought offthetable,seconded by Mr.Shinn,and passed unanimously. Mr.Shinn felt changes should be made in some of the budget items. There was some discussion by the Council.C\ Action Taken:Mr.Pearce moved that the first reading ofthe ordinance be adopted,seconded by Dr.Covey. Mr.Shinn felt that his specific concerns should be addressed and the changes made at this time. Mr.Blessing felt that the $809,800 in the Capital Account should be transferred to the General Fund. Action Taken:Mr.Shinn moved that the 2004 budget be amended by reducing professional v servicesin the legal Department by $50,000,by increasing police staffing by $150,000,transferring the $809,800 funds in the Capital Account to the General Fund, and including $200,000 for restrooms at the Civic Center Park in the water/sewer fund,seconded by Mr.Blessing. n n u 6050 CITY COUNCIL MINUTES December 9,2003 Mr.Pearce did not feel these changes to the budget needed to be made at this time.He also felt that the funds in the Capital Account should not be transferred to the General Fund at this time since those funds can be tapped at any time the Council chooses. There was some discussion by the Council. The motion to change the budget ordinance failed with Mr.Shinn,Mr.Blessing,and Mr.Tracy in favor,and Mr.Pearce,Dr.Covey,Mr.Reese,and Mr.Blackwell opposed. The motion to approve the 2004 budget on the firstreading passedwith Mr.Shinn and Mr.Blessing opposed. ORDINANCE -LAGUNA DRIVE VACATION - 2nd READING An ordinance was presented which provides for the vacation of that portion of Laguna Drive adjacent to Lot 1,Block 1,Westlake Shores Phase 1. The ordinance vacating a portion of Laguna Drive was read by title only. Gilbert Alvarado,Community Development Director,statedthatthe appraised value of the property is $4.07 per square foot.These translates to $8,312 of appraised valuation.The proponent wold need to pay halfthat amount or $4,156.The cost forrelocatingthe dry well is about $3,275. Gary G. Harer, Municipal Services Director,stated that if the dry well is not relocated to the sidewalk,the city would have to have the ability to access the dry well for maintenance purposes. This would entail enough space to back a truck over the dry well in order to vacuum it out. Ron Otto, proponent,stated that he requested the vacation of this right-of-way since the required setbacks would reduce the useable area of the lot to such a degree that he could not build the house he wants.Vacating this right-of-waywould solve that problem. Hedid not feel this right-of- way should be valued the same as lake front property.He pointedout that this lot does not have a sewer stub out which requires him to have one installed. He requested some relief on these costs from the Council. He would prefer to have the dry well moved to the sidewalk but whether or not it is moved will depend on the cost of the vacation and the dry well. There was some discussion by the Council. Action Taken:Mr.Blessing moved that the ordinance be amended to provide that the city will be i i compensated $2,114 forthe vacated property,the location ofthe drywellbe determined at a later ^-"/date,and the second reading ofthe ordinance be adopted,seconded by Mr.Pearce,and passed unanimously. ORDINANCES -DEVELOPMENT REGULATIONS -TITLES 17 AND 18 - 2nd READING Ordinances were presented which amend Title 17,Subdivisions, and title 18,Zoning. Action Taken:Mr.Tracy moved that this item be removed from the table,seconded by Mr. Blessing,and passed unanimously. The ordinance amending Title 17 of the Moses Lake Municipal Code entitled "Subdivisions"was read by title only. GilbertAlvarado,Community Development Director,stated that only changes inTitle 17 were to 17.13.110 and 17.17.130.The only change in those two sections was to strike the words "in the following sequence". Action Taken:Mr.Shinn moved that the second reading of the ordinance be adopted,seconded by Mr.Blessing, and passed unanimously. The ordinance amending Title 18 ofthe Moses Lake Municipal Code entitled "Zoning"was readby title only. Todd Lengenfelder,Lenco Construction,requested clarification on 18.20.090,which deals with setbacks for shoreline lots. Mr.Alvaradostated thatthe new requirement for shorelinelotsestablishes a setback of 20'or20%{^)of lot depth,whichever is less.There is currently no rear yard setback for lake front lots.This restriction would applytonewsubdivisions andto already existing subdivisions five year§-after the adoption ofthese amendments. The question iswhathappensto existing lots thatarenotbuilt on within the five year time limit. Mr.Blessing pointed outthatifa lot isnot build on within five years, itcould become unbuildable because of the set back restrictions. Mr.Lengenfelder distributed maps showing existing lake front lots that would have problems if these new setbacks are adopted. There was some discussion and it was the consensus of Council that the five year time limitbe eliminated. /£>/7 6051 CITY COUNCIL MINUTES December 9,2003 Action Taken:Mr.Blessing moved that in Section 18.20.050,footnote 5. B.be changed to remove "for a period of five(5)years after the passage of this ordinance",and the second reading of the ordinance be adopted,seconded by Mr.Tracy. Mr.Shinn felt that in the C-1 or C-1A zones that a similar business should be allowed to operate at the same location,no matter who is the owner,without having to obtain a conditional use permit. Dr.Covey pointed out that the purpose of the changes to the commercial areas is to upgrade the businesses in the downtown area rather than maintaining the status quo indefinitely. There was some discussion. The motion passed with Mr.Shinn opposed. JO/O ORDINANCE -AMEND 2003 BUDGET -1st READING An ordinance was presented which amends the 2003 budget. The ordinance amending the 2003 budget for the City of Moses Lake,Washington,was read by title only. Action Taken:Dr.Covey moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. J/Qd>ORDINANCE -CREATE CHAPTER 1.16 -CITY SEAL AND LOGOS -1st READING An ordinance was presented which identifies the existing city logos as valuable assets of the city and provides guidance for their usage. The ordinance creating Moses Lake Municipal Code Chapter 1.16 entitled "City Seal and Logos" was read by title only. Action Taken:Mr.Reese moved that the first reading ofthe ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION GARBAGE CONTRACT The Solid Waste Collection,Transportation,and Disposal Contract was presented. Joseph K.Gavinski,City Manager,distributed the rates that are charged to contractors as referenced in the contract.The contract willnot begin until September 2004 but the contractor is already looking at mechanizing garbage pick up in residential neighborhoods. Action Taken:Mr.Tracy moved that the City Manager be authorized to sign the contract,seconded by Mr.Shinn,and passed unanimously. /($OA SAND DUNES WASTEWATER TREATMENT PLANT Gary Harer,Municipal Services Director,requested authorization to pre-qualify the contractorsthat will bid on the Sand Dunes Wastewater Treatment Plant.This will ensure that the contractor has previous experience for constructing the specialized type of plant the city is designing. Action Taken:Mr.Pearce movedthat staff be authorized to pre-qualify the contractors for the Sand Dunes Wastewater Treatment Plant,seconded by Mr.Tracy,and passed unanimously. EMPLOYEE RECOGNITION -POLICY A policy was presented which formalizes the Wellness Program and the awarding of prizes and other symbols oftangible recognition to employees. Joseph K.Gavinski, City Manager,stated that this covers the recognition awards given to the fi employees each year as well as the Wellness Program.^—- Action Taken:Mr.Blackwell moved that the policy be adopted,seconded by Mr.Reese,and passed unanimously. J/fafa SEWER LINING PROJECT -VARIANCE Gelco Services,Inc.requested a variance to the noise regulations in order to line the city sewer mains on Broadway between Alder Street and Division Street,on Ash Street from the alley to Third Avenue,and on Third Avenue from Ash Streetto the centerofthe block towards Beech Streetafter 10 p.m. M /v?o n n 6052 CITY COUNCIL MINUTES December 9,2003 Action Taken:Mr.Shinn movedthatthe request be approved,seconded by Mr.Reese,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS MURAL -CHIEF MOSES Collene Trefz,Friends of Chief Moses,stated that the city had some questions about the removal ofthe facade on the GMAC building priorto the painting of the mural.She stated that a plan will be in place to finish off the ends of the facade priorto its removal.The paint that will be used on r the existing metal caps will be different from that used on the wall and should not flake off.She vj mentioned that the underlying lumber will be inspected and any damage will be repaired.She pointed out that the mural is a permanent part of the building and the facade that is removed would not have to be stored for use at a later time.The facade could be placed in the landfill.Any damage done during the removal of the facade will be repaired.She requested some direction from the city on the question of city liability for roof leakage. Joseph K.Gavinski,City Manager,stated that if the Council agrees that the city will remove the facade,there should be an agreement between the city and the property owner,Jeff Foster,that the city is only responsible for removing the facade and will not be responsible forany further costs. Action Taken:Mr.Pearce moved that the city staff be authorized to remove the facade on the GMAC building and the City Manager be authorized to draft a hold harmless agreement with the property owner to ensure the city is not liable for any damage to the building,seconded by Mr. Reese. There was some discussion by the Council. The motion passed unanimously. COUNCIL QUESTIONS AND COMMENTS AMBULANCE SERVICE Letters from the Department of Healthto Mr.Shinn and from Mr.Shinn to the Department of Health were discussed. u u Mr.Shinn stated that he wrote to the Department of Health to report his concerns as a Council memberand a memberofMACC on the decision to award ALS trauma serviceverification to Grant County Fire District#5. Mr.Blackwell felt that the letter sent to the DOH appears to take a different stand than what was endorsed by the Council as a whole. Mr.Pearce felt that the letter sent by Mr.Shinn as a Councilman was inappropriate and undermined the position ofthe Council and staff. Mr.Shinn feltthat the letter only set forth his point of view and he did not agree with the comments of Mr.Blackwell or Mr.Pearce. Dr.Covey pointed out that the letter sent by Mr.Shinn should not have been on letterhead that indicatedhis position as Councilmansince the views are contraryto what the Council endorsed. Mr.Blessing felt that Mr.Shinn has the rightto express his opinions. CITY MANAGER REPORTS AND COMMENTS AMBULANCE SERVICE Joseph K.Gavinski,CityManager,stated thataconference call was heldbetween the City,Grant County Fire District #5, and the Department of Health.Afterthis two hour conference call itwas concluded that something needs to be done with regard to the response area issue as it related tothe regional plan.The citysuggested mediation onthe incorporation ofthe serviceareas within the regional plan.It was agreed that mediationwould be held. A written confirmation from the Departmentof Health concerningthe conference call was requested by the city. That letterhas not yet been received. SALES TAX/TRANSIENT RENTAL INCOME t fi Joseph K.Gavinski,City Manager,reported thatthe city received $288,466.30 in sales tax and -rtt -<Z $32,612.74 in transient rental income in November 2003.;/< INVESTMENT REPORT The investment report shows that the city received $17,677.27 in investment income for November /003 2003. //'/ //J? J/3? 6053 CITY COUNCIL MINUTES December 9,2003 //3(#WATER TOWER RENTAL Joseph K.Gavinski,City Manager,stated that the city has earned $24,000 as of the end of October 2003 from rental of the space on the water towers.For 2004 the city expects to receive $46,400. AUDIT REPORT Joseph K.Gavinski,City Manager,stated that the city has received a portion of the 2002 audit with regard to the financial statements but not the compliance piece.He reported that there will be no finding with regard to the hotel/motel tax and that the city can continue to use the funds for the concert series and other events.f~* The regular meeting was adjourned at 9:15 p.m. ATTEST:"-Mayor ~ "