Loading...
2004 04 13^J u 6099 MOSES LAKE CITY COUNCIL April 13,2004 Council Present: Ron Covey, Richard Pearce, Lee Blackwell,Brent Reese,Steve Shinn, Dick Deane,and Jon Lane PLEDGE OF ALLEGIANCE: Mayor Covey led the Council inthe Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the March 23,2004 meeting be approved as submitted,seconded by Mr.Shinn,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Blackwell moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Pearce,and passed unanimously. Vouchers audited and certifiedby 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 recordedon a listing which has been made availableto the Council forapproval. As of April 13,2004 the Council does approve for paymentvouches in the amountof $652,527.51 and prepaidclaims of $36,104.24,$1,655.88, $52,006.85, and -$35,260.47. PRESENTATIONS/AWARDS PROCLAMATION //3X The proclamationdeclaring April 2004 as Fair Housing Month was read in its entirety. CONSENT AGENDA Accept Work -Well 18 Pump House Proiect:Irrigator's Inc.has completed work on the Well 18 )JO1/ Pump House Project.The work should be accepted and the 45-day lien period entered into. Accept Work -2003 Sewer Repair Proiect:Desert Rock Excavation has completed work on the //£(p 2003 Sewer Repair Project.The work should be accepted and the 45-day lien period entered into. Resolution -Accept Donation -Epson Sigma Alpha:A resolution was presented which accepts /OL/^ $300 from the Alpha Omega Chapter of Epson Sigma Alpha.The funds are to be used towards the Parks and Recreation Special Olympics Program. Resolution -Accept Donation - Japan Airlines:A resolutionwas presented which accepts $2,000 /u ^ from Japan Airlines.The funds will be used in the Parks and Recreation Department. Resolution -Dept.of Retirement Systems -Deferred Compensation Program:A resolution was /D^u? presented which allows the city's employees to participate in the StateofWashington's Department of Retirement Systems'deferred compensation program. Resolutions -Accept Easements -East Yonezawa:Resolutions were presented which accept AO A3 roadway easements from Ken A.Buley,Douglas A.Robbins,Highland Holding Company,and Daniel and Dorothy Thomas for the construction ofYonezawa east of Highway 17. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr. Blackwell,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS TRUCK CONVERSION The city received three bids for the conversation of the Aquatech brand sewer vacuum truck into a dump truck with a snowplow and sander.The low bidder,ED-KA Manufacturing,had two minor irregularities but staff recommended that the irregularities be waived and the bid be awarded to ED- KA Manufacturing. Action Taken:Mr.Blackwell moved thatthe irregularities be waived and the bid beawarded to ED- KA Manufacturing in the amount of $64,022,seconded by Mr.Deane,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS HEALTHY COMMUNITIES -HERON TRAIL The Trail Planning Team requested time before the Council in order to present a proposal fora trail to connect McCosh Park to the Japanese Garden. Julie Harper,chairman ofthe Grant DevelopmentCommittee ofthe Trail Planning Team,stated that the team has been working to facilitate a city-wide trail system.The trail system has been planned and the first section is the proposed Heron Trail to extend from McCosh Park to the Japanese Garden.A grant is available through the Washington Wildlife Recreation Program (WWRP).The grant will pay for half the cost of the trail.The city's portion can be either in funds or in kind services.The grantwould provideabout $340,000,which is halfthe projectcost.The request is for the city to provide the planning for the project and verify that the matching funds are committed ZO/7 A<2/0 /osy /0?s tfb 6100 CITY COUNCIL MINUTES April 13,2004 and available when needed inJune 2005.She mentioned thatthe cityhas 21 parksbutthey need to be connected to the downtown and to each other.She stated that Curt Carpenter has been workingwithprivatepropertyowners to donate the land needed forthe trail.She explained thatthe actualcash being requested from the cityis about $110,000 withthe rest of the funds coming from donations and in-kind services.The Samaritan Healthcare Foundation has agreed to act as the 501(C)3 organization, which is a non-profit status.Funds have already been deposited with them for the trails.She also mentioned thata letter for support has been received from the GrantCounty Tourism Commission. Mr.Deane stated that he was impressed with the report that was presented and the fact that itdemonstratestheneedtoprovideforrecreationalopportunitiesforpeopleofallages.f"^ Mr.Pearce wanted to know ifthe $110,000 fromthe city needs to be committed before the grant is awarded. Ms. Harperstated that itis a requirement of the grantthat the funds be committed by the city before the grant will be awarded to the city. There was some discussion by the Council on the project. Curt Carpenter,memberoftheteam,stated that the trailwould start at the old Swedberg Poolhouse and meander along the lake and around a wetland area,through the upland area and across Division Street to the Japanese Gardens.A couple of the private property owners have indicated they would donate the necessary land for this project.The trailwould also extend along the west lake shore and connect to A Street as well as Fifth and Sixth Streets. Mr.Pearce questioned where the donated labor and materials would come from. Ms. Harper stated that they can apply to the National Guard and they have also received requests from the Eagle Scouts to participate in this project.She mentioned that the materials will be paid for from grants from the Department of Health for the Healthy Communities Project. Action Taken:Mr.Blackwell moved that the city pledge its support in the amount of $110,021 towards this project,seconded by Mr.Shinn,and passed unanimously. FENCE HEIGHT Rick Sauvage,4261 Orchard,stated that hehastwo lots located on Maria with Commerce Wayon ^^ one side and Sunset Drive on the other side.The code only allows for a 4'fence although there () are exceptions for other areas that would allow a 6'fence.Since this lot is a through lot, with streets on three sides,adjacent industrial zone housing a scrap metal facility.A 6'high fence is needed to screen out the scrap yard. GilbertAlvarado,Community Development Director,stated thatthere arethrough lotsinotherareas of town and the developers applied fora 6'highsubdivision fence. A subdivision fence is one that is associated with a subdivision and installed all at one time.Since this is an old plat that remedy is not appropriate.He mentioned that this lotis higherthan the surrounding property.However, the code does not allowfora 6'high fence inthis area. He mentioned that the only remedy at this time is for the code to be amended. There was some discussion by the Council. Action Taken:Mr.Shinn moved that staff be directed to amend the ordinance to allow for construction of a 6'fence between the residential and commercial zones,seconded by Mr.Lane, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -WATER AND SEWER RATES - 2nd READING An ordinancewas presented which increases the waterand sewer rates beginning May 1,2004. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled"Water and Sewer Rates"was read by title only. Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted, seconded by Mr.Reese,and passed with Mr.Shinn opposed. ORDINANCE -UTILITY OCCUPATIONAL TAX -1st READING An ordinance was presented which amends the utility occupational tax by deleting the license requirements. The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. n u ^ 6101 CITY COUNCIL MINUTES April 13,2004 ORDINANCE -GARBAGE COLLECTION -1st READING An ordinance was presented which amends the garbage collection regulations to provide for pro rating residential garbage service. The ordinance amending Chapter 8.08 of the Moses Lake Municipal Code entitled "Garbage Collection"was read by title only. Mr.Blackwell wanted to know ifthe garbage rates should be pro rated for commercial garbage service. Joseph K.Gavinski,CityManager,suggested thatthe same language be added tothe commercial rates section of the ordinance to allow for pro rating of commercial garbage service. Action Taken:Mr.Shinn moved that the ordinance beamended by adding "Rates shall be prorated for service of less than one month with charges being assessed on a per day basis."to 8.08.140 B and the first reading of the ordinance be adopted,seconded by Mr.Blackwell, and passed unanimously. REQUEST TO CALL FOR BIDS 2004 UTILITY REPAIR PROJECT Staff requested authorization to call for bids forthe 2004 Utility Repair Project. This project will include electrical,water and sewer service lines forthe proposed restrooms,Reservoir 4 drain line, manhole replacements,and sanitary sewer dig up and repairs. Gary G.Harer,Municipal Services Director,stated that this is a catch all project for a lot of little projects. He mentioned that as many restrooms as possible will be done including the ones at the Civic Center Park,Knolls Vista Park,Peninsula Park,and Lakeview Park. Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Shinn, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION {^J COMMUNITY DEVELOPMENT BLOCK GRANT The Community Development Block Grant (CDBG)Program has many types of grants but the city has typically applied under the General Purpose Grant,which can be used to fund street improvements and sewer and water utility improvements.The city can only apply for one project and the funding limitof the grant is $1,000,000.Staff is proposing the city seek funding for the construction of street and utility improvements in either the Longview Tracts neighborhood or the Westlake neighborhood.Both areas have a higher low-moderate income level population than other areas of the city. Gilbert Alvarado,Community Development Director,pointed out competition for these funds has increased.He mentioned that the legislature has budgeted $8,000,000 for the General Purpose Grant.The application is due in November and takes a considerable amount of time to work through the process.Staff requested direction from the Council on whether or not to pursue the grant for either Longview Tracts or Westlake. Action Taken:Mr.Pearce moved that staff be authorized to apply fora Community Development Block Grant forthe Longview Tracts area,seconded by Mr.Shinn,and passed unanimously. DRIVEWAY VARIANCE -TACO TIME Howard Kimura,H.G.KimuraArchitect, is requesting avariance to retainthe existing drivewayonto Broadway from Taco Time.The driveway is located immediately adjacent to an alley.The traffic using the driveway has not created any problems but motorists making a left turn out of this driveway onto Broadway may create more of a problem when Walgreens opens.Staff recommended that a left turns not be allowed and that Taco Time be responsible for any future improvements to restrict the left turn movements at this driveway if they become a problem in the future. GaryG.Harer,Municipal Services Director,stated thatthe proposal isto demolish the existing Taco Time building and construct a new building.Since itis a new building and a new use,a variance request is needed to allow the continued use of the driveway. Jack Love, builder,stated that they would agree to restrict left turns from the driveway. There was some discussion by the Council. Action Taken:Mr.Shinn moved that the variance be granted for a driveway adjacent to the propertylinewiththe stipulationthat leftturns not be allowed and the propertyowner be required tobe responsible for any future improvements to restrict the leftturn movements from thisdriveway, seconded by Mr.Lane,and passed unanimously. A/o3 //(*<£> /Q2f //fa 6102 CITY COUNCIL MINUTES April 13,2004 Qf I ORDINANCE -OPEN SPACE AND PARKS A draftordinancewas presented concerning the requirement for new residential development to dedicate open space or parks space as partof anydevelopment. The ordinancealso providesfor a fee-in-lieu of dedication of open space or park space.The proposed language of the ordinance has been used and tested in other jurisdictions. Gilbert Alvarado,Community Development Director,stated that this is a draft ordinance and additional discussions have been held. Afterthe discussions and upon investigatingotheroptions, there will probably be a major change in the ordinance. Joseph K.Gavinski, City Manager, pointed out that this ordinance is being presented to Council to find out whether or not this is the way the Council wishes to proceed. After reviewing the issue, there may be other and better ways to accomplish the Council's desires in this matter. There was some discussion by the Council. Action Taken:Mr.Pearce moved that staff prepare another ordinance forCouncil discussion and a public hearing be set,seconded by Mr.Lane. Jeff Foster,324 S.Ash,mentioned that in the past the city has required contributions from developers forvarious improvements butthat was on a case by case basis and he feltthat requiring every development to participate ina park improvement fee needs additional study.He suggested that the fee be charged on a building permit, which will spread the park development funding base over a broad spectrum rather than limiting itto new developments. Cheryl Kingrey,1307 S. Hamilton,stated that in her neighborhood there are 17 outdoor basketball hoops but there are no parks inthe area.The children have to cross Highway 17 and Pioneer Way to access a park or playground.She felt that notjust new developments but recent developments need to be considered for park improvements.She stated that she would have been willingto pay the additional park fee in order to obtain a park in her neighborhood. Chris Blessing,726 Shipmaster Court,pointed out that there is no plan where new parks would be located and he felt itwas premature to assess fees without know where the moneywould be going. He pointed outthatthe city willalso have to maintain any new parks.He mentioned that developers already pay a large amount in fees and taxes to the city for developments. Phil Bloom,Columbia Northwest Engineering,stated that Kim Foster ofASPI hassubmitted a letter ^^ on this subject.He pointed out that developments are driven by cost and most of them have taken f ) place outside the city limits because of the lower development costs. Mr.Pearce pointed out that the county has no provision for parks.They depend upon the cities to provide parks for county residents. There was some discussion by the Council. Ralph Kincaid,899 Westshore Drive,stated that the question is how to fund the parks, not whether ornot parks are wanted or needed.He suggested that a parkdistrictbe considered that would take in property in the county as well as in the city. The motion passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS "MOSES LAKE COMMUNITY PARK ActionTaken:Mr.Deane moved that naming ofthe Moses Lake Community Parkbe removed from the table,seconded by Mr.Pearce, and passed with Mr.Shinn and Mr.Blackwell opposed. Action Taken:Mr.Deane moved that Moses Lake Community Park be renamed Westgate Park, seconded by Mayor Covey. Mr.Deane felt that the Moses Lake Community Park should be renamed Westgate Park since it is located in the Westlake area and on the west side of the city. There was some discussion by the Council and it was pointed out that there are some efforts on the part of staffto gather input from the community. The motion failed with Mr.Deane and Mayor Covey in favor. CITY MANAGER REPORTS AND COMMENTS 794 CTED COMPETITIVE GRANTS Joseph K.Gavinski, City Manager, distributed the final budget,and mentioned that the city can apply for grants from the Dept. of Community, Trade and Economic Development for building for the arts,community service facilities,and recreational facilities.He mentioned that the'cityis not ina positionthis yearto apply forthese grants butthe city will be pursingthese grants inthe future. n n 6103 CITY COUNCIL MINUTES April 13,2004 EMERGENCY MEDICAL AND AMBULANCE SERVICE .,, Samaritan Healthcare has asked the city for clarification with regardto the intent of Chapter 2.30 ofthe Moses Lake Municipal Code entitled"Emergency Medical and Ambulance Service"inrelation to non-emergency transports.A letter has been drafted to Grant County Hospital District #1 clarifying thatthe ordinance includesnon-emergencytransports.To further clarify the issue, same changes have been proposed tothe ordinance. He feltthatthe language inthe ordinanceisclear and no changes need to be made butthe ordinancehas been presented for Council review. Action Taken:Mr.Pearce moved that the letter be sent to Samaritan Hospital and no changes be (i made in the ordinance,seconded by Mr.Blackwell. Mr.Shinn feltthat patientchoice is an issue and he feltthat "all non-emergent transportsshallbe the city's" is going too far. Mr.Reese pointed out that the patient still has the choice of which service to use for a non emergency transport. The motion passed with Mr.Shinn opposed. I-864 -REVENUE IMPACTS . Joseph K.Gavinski,City Manager,provided information onthe impacts tothe city if I-864 wereto -.-> pass.This reduction in property taxes would lower the city's revenues byabout $650,000.This /0>/u loss of revenue would mean a reduction of 20%in the Police Department,22%in the Parks and Recreation Department,or 44%in the Fire Department. Mr.Deane wanted to know if the city could take a pro-active approach on this issue. Mr.Gavinski explained that care needs to be taken inwhat the citycan do inopposing an initiative of this sort.The Council can take a position and distribute factual information. James A. Whitaker, CityAttorney,stated that an another city is planningto establish a budget for 2005,under the assumption that the initiative will pass,and inform the public of what cuts in services and personnel will result if I-864 passes. There was some discussion about the impacts ofthe loss of this revenue. {^_J Action Taken:Mr.Blackwell moved that staff bedirected to draft a2005 preliminary budget by June 2004 showing the impacts of I-684,seconded by Mr.Shinn, and passed unanimously. COMMUNITY DEVELOPMENT DEPARTMENT REPORT Gilbert Alvarado,Community Development Director,stated that the department is working on the 2004 updatesto the Comprehensive Plan,which is mandated by the Growth Management Act.The city has received a request from property owners along Yonezawa fora change ofzone from a low density residential to a medium residential.The County has included additional property in the urban growth area and the city needs to address that.There is also a request to include property behind Eka Chemical.Now that the new zoning designations have been adopted,staffwill prepare a blanketzone change for the entire city. He mentioned that the zoning needsto correspond to the zoning designations of the Comprehensive Plan. He pointed outthat the county's Comprehensive Plan does not address parks even though that plan requires developers to build to city standards. He stated that development in the county has slowed because of the requirement to build to city standards. He mentioned that one of the planners has been reassigned to deal with grant applications and conversations are on-going concerning the permit expediter.There is no staff dedicated to Vision 2020 because there simply is not enough staff.He pointed out that development issues are becoming more complicated. He stated that Home Depot is still proceeding,theTaco Time building will be demolished and a new building construct on the site,McDonalds is planning to remodel their facility,Walgreens is questionable at this time,China Buffet is continuing the remodeling of their building,Express Lumber is relocating to the old Market Place along with a fabric store and a Chinese restaurant,the MightyQuinn is being remodeled and will reopen in the future,Tacos El Rey will be relocating to(~\the old Greyhound Bus Depot,Express Lumber will be demolished and a new strip mall will be V_y constructed on the location,there is a car and dog wash in progress on Stratford Road,and there is continuing interest in the Home Depot area,the East Broadway location, and the area adjacent to the Hallmark Inn. He mentioned that the grant applications care proceeding.The Strategic Infrastructure Program (SIP) grant is the real estate excise tax rebate that the county receives and then cities compete for the funds.The city does not score well with this grant because one of the criteriais low population and Moses Lake is the largest city in the county. The department is still working on the parks and open space ordinance,the vehicle storage ordinance, and the international propertymaintenance code which deals withmaintainingproperty at a minimum standard.The Shoreline Master Program is in the process of being rewritten by a consultant hired by the city under a grant.Because of the new laws that have been passed it will take even longer to obtain a shoreline permit. The subdivision regulations will be coming to the Council in the near future. /OSO 6104 CITY COUNCIL MINUTES April 13,2004 He stated that in July 2004 the city must adopt the International Codes and the Uniform Building Codes willno longer be used.The citywill provide information to local developers and the Council on these new codes. He mentioned that the code enforcement has also taken on the abatement of dangerous and nuisance buildings. //Of TREE/BRUSH CHIPPING PROGRAM Joseph K.Gavinski,City Manager,stated that the Parks and Recreation Department hasestablishedaschedulefortheuse of the brush chipper in the residential neighborhoods.A f*) brochure has been developed concerning this program. QUARTERLY AIRPORT FINANCIAL REPORT Joseph K.Gavinski,City Manager,distributed the 2004 first quarter financial report for the Municipal Airport. QUARTERLY AMBULANCE REPORT Joseph K.Gavinski,City Manager,distributed the 2004 first quarter financial report for the ambulance service. SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that the city received $230,412.29 in sales tax and $13,092.90 in transient rental income in March 2004. //3C?QUARTERLY FINANCIAL REPORT Joseph K.Gavinski,City Manager,distributed the financial report for the first quarter of 2004. /$03 INVESTMENT REPORT The city received $26,485.58 in investment income for the month of March 2004. dn-A PUBLIC WORKS/PARKS SHOP -RELOCATION Joseph K. Gavinski, City Manager, distributed information on the cost of doing improvements on f ) the existing property for the public works and parks shop vs moving the operations to the Municipal Airport. He mentioned that moving the operations to the Municipal Airportwill make the Wheeler Road property more saleable. Action Taken:Mr.Blackwell moved that staff be directed to pursue the relocation of the public works and parks maintenance facilities from the Wheeler Road site to the Municipal Airport and report back to the Council,seconded by Mr.Lane. There was some discussion by the Council. The motion passed with Mr.Shinn abstaining. /DDL? / /Oro 10^ 'o9fr It was the consensus of the Council that staff proceed with listing the property on Wheeler Road with a real estate office. PAVERS -RIES AND KENISON Joseph K.Gavinski, CityManager,sated that additionalinformationisavailable on the request from Shane Kenison for the sidewalk in front of his park property to be included in the paver project. GaryG.Harer,Municipal Services Director,stated thatthe existingtree must be removed andthat will entail removal of about 25'of sidewalk.Mr.Kenison previously stated that he has about $20,000 to spend on sidewalk improvements.He explained the differentways the cost could be split between the city and Mr.Kenison. There was some discussion and it was the consensus ofthe Council that staffcontact Mr.Kenison about paying for 100%of the second 50'extension of the pavers along Division Street. ANNEXATION -JAMES CHEVROLET/JORGENSEN PROPERTIES Joseph K.Gavinski,City Manager,stated that the Grant County Boundary Review Board considered the James Chevrolet and Jorgensen annexations and approved them as submitted by the city.The Board did request the county and city come to some agreement concerning maintenance of Road L NE. CITY MANAGER Mr.Lane pointed outthatthe cityhas provided raisesto all non-union employees except the City Managerand he feltthat should be taken care of. n ~ CITY COUNCIL MINUTES 6105 April 13,2004 Action Taken:Mr.Lane moved that a 2.5%raise for the City Manager be authorized retroactive to the first payroll period of 2004,seconded by Mr.Deane,and passed with Mr.Shinn abstaining. The regular meeting was adjourned at 10:40 p.m. ATTEST:Ronald C.Covey,Ma