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2004 08 10o u 6140 MOSES LAKE CITY COUNCIL August 10,2004 Council Present:Ron Covey,Richard Pearce, Brent Reese,Lee Blackwell,Steve Shinn,Dick Deane,and Jon Lane PLEDGEOF ALLEGIANCE:MayorCovey led the Council inthe Pledge of Allegiance. MINUTES:Mr.Blackwell moved that the minutes of the July 27, 2004 meeting be approved as submitted,seconded by Mr.Deane,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.Lane, and passed unanimously. Vouchers auditedand certified bythe Finance Director as required by RCW 42.24.080, and those expense reimbursement claims certified as required byRCW 42.24.090,have been recorded on a listing whichhas been made available to the Council for approval. As of August 10,2004 the Council does approve for payment vouches in the amount of $708,146.09 and prepaid claims of $112,143.54. PRESENTATIONS AND AWARDS VISIONARY AWARD -VISION 2020 Vision 2020 presented the June 2004 Visionary Awards for improvements to the 100 block of Broadway Avenueto Brian Dano,Garth Dano,Steve and Mary Shinn,Scottand Dionn Vrieling,and Joanne and Phillip Peters and the July2004VisionaryAwardto Tacos DelRay for improvements to their new space on Broadway Avenue. CONSENT AGENDA AcceptWork -2004 RapidSand Filtration Proiect:Genco has completedworkon the 2004 Rapid /OOO Sand Filtration Project.The work should be accepted and the 45-day lien period entered into. Amend Wastewater Discharge Permit - Eka Chemical:Eka Chemical requested their daily /QS/ maximum discharge limit be raised to 180,000 gallons perday and theirmonthly average discharge limit be raised to 150,000 gallons per day. Resolution -Accept Donation -Special Olympics:A resolution was presented which accepts /0L/(p $272.55 from the Special Olympics car wash fund raiser.The funds are to be used for the Parks and Recreation Special Olympics Program. Action Taken:Mr.Shinn moved that the Consent Agenda be approved,seconded by Mr.Lane,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS 2004 SEAL COAT PROJECT The city received two bids forthe 2004 Seal Coat Project.This project includes seal coating certain streets in the city.Staff recommended that the bid be awarded to Basin Paving. Action Taken:Mr.Pearce moved that the bid forthe 2004 Seal Coat Project be awarded to Basin Paving inthe amount of $253,970,seconded by Mr.Reese,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS FAIRGROUND FACILITY ADVISORY COMMITTEE -EXPANSION PLANS~_/££/ The Fairground Facility Advisory Committee requestedtimeontheagendatoexplain the proposed //V#- expansionand changes tothe Grant County Fairgrounds and requesting an agreement from the city to provide water andsewerwithout the requirement toannexthe property tothe city.Letters^of support for the development ofthe Grant County Fairgrounds were received from the Grant\_J County Economic Development Council,theGrant County Fair Board,theChamber ofCommerce, the Moses Lake BusinessAssociation,the Grant County Tourism Board,andthe Board of County Commissioners. Bob Russell,Chairman of the Fairground Facility Advisory Committee,stated thatthe Committee has developed a draft plan to modernize the fairgrounds and make it usable year round. Al Holman,member ofthe Committee,stated that the direction from the County Commissioners wasto make the fairgrounds a year round facility that isself-sustaining and an assettothe county. He explained the improvements proposed for the various areas ofthe fairgrounds. /o/z /o/?/) 10 io 6141 CITY COUNCIL MINUTES August 10,2004 Mr.Russell statedthatthey would like touse the existing well for irrigation anduse city waterand sewer service.They would like the city to extend the waterand sewer linesto the fairgrounds, preferably without the requirementto annex butthatis something thatcan be discussed. Mayor Covey mentioned thatthe concernsofthe county about annexing the fairgrounds into the city havebeendiscussed and he felt they could be resolved in awaythatwill satisfy both the city andthe county.A meeting was held with representatives from the county,the Fairground Facility Advisory Committee,and interested agencies to discuss the issue.He feltthat most of the issues canbe resolved butthereisthe requirement for the annexation of property thatconnectsto city water and sewer services. Joseph K.Gavinski,City Manager,explained thatthecity'sannexation policy goes backtothe mid- 1980's and requires property adjacentto the citylimits requestingcitywaterand sewer to annex. The Grant County Fairgrounds iswithin thecity's Urban Growth Area,which was designated bythe county.Property within the Urban Growth Areaanticipates its annexation into the city's limits.He mentionedthatifthe citywereto grant awaivertothe requirement toannex, itis possiblethatthe policy would become void. James A.Whitaker,City Attorney,explained the legal ramifications ifa waiver wereto be granted to the fairgrounds to not annex to the city. Mr.Gavinski reported thatthe city surveyed 42 fairs and found that 17 were inside a city's limits. Therewas some discussion bythe Council and itwas the consensus thatthe fairgrounds would havetobe annexed andthe otherissues can be worked outbetween the cityand county. LadellYada, 631 Edgewater,former fair manager,stated that the water and sewer services from the cityare needed forthe furtherdevelopment of the fairgrounds. Jacie Daschel,Vision 2020, stated that they supportthe effortsto improvethe fairgrounds. Alan Heroux,President of the Chamber of Commerce, stated that they are working on the 2006 potato conference and the improvements to the fairgrounds are instrumental forthat event.He felt that cooperation between the city and county would expedite the needed improvements. Brian Meiners,plantmanager of BasicAmerican Foods and past Potato Conference Chairperson, stated that he was impressed with the proposed improvements to the fairgrounds and would like to see them proceed. Terry Brewer, Grant County Economic Development Council,stated that they support the new facilities at the fairgrounds and felt that it is important that city water and sewer be provided. He mentioned that the improvements are needed in order to retain the Potato Conference in Moses Lake. LarryPeterson,1009 Laguna,felt itis importantto keep the Potato Conference in Moses Lake and the improvements to the fairgrounds would aid that project. BillBailey,13308 Road 10 NE,stated he was the fair manager from 1977 to 1990,stated that it has been a long term plan to connect the fairgrounds to city sewer. Tim Snead,County Commissioner,stated that he was hopeful the county concerns can be worked out with the city.The improvements to the fairgrounds will be beneficial to Moses Lake and the surrounding communities. Mayor Covey stated that the city wishes to work with the county to resolve the issues with regard to annexing the fairgrounds into the city. Joseph K. Gavinski, City Manager,stated that the provision of city water and sewer is automatic with the annexation of property.Other issues to be resolved between the city and county include police protection,building inspection,permitting fees,sales tax,admissions tax, leasehold excise tax,etc. Action Taken:Mr.Lane moved that staff draft a resolution supporting the improvements to the GrantCounty Fairgrounds,seconded by Mr.Blackwell,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -CREATE GRANT AND DONATION FUND- 1st READING An ordinancewas presented which creates a Grantand Donation Fund. The ordinance creatinga Grantand Donation Fundwas read by titleonly. ActionTaken:Mr.Blackwell moved thatthe first readingof the ordinance be adopted,seconded by Mr.Lane, and passed unanimously. n n n 6142 CITY COUNCIL MINUTES August 10,2004 ORDINANCE -CREATE PARK ASSESSMENT FEE FUND -1st READING An ordinancewas presented which creates a ParkAssessment Fee Fund. The ordinancecreatinga Park Assessment Fee Fundwas read by title only. ActionTaken:Mr.Deane moved that the first readingof the ordinance be adopted,seconded by Mr.Reese. Mr.Shinn feltthat the ordinance should be amended to state that the funds collected will be used M in the area from which they were collected. Joseph K.Gavinski,City Manager,stated that thecity policy referenced in theordinance will direct where the funds are to be expended. There was some discussion by the Council. The motion passed unanimously. ORDINANCE -JUNIPER DRIVE VACATION - 1st READING Action Taken:Mr.Pearce moved that the vacation of Juniper Drive be removed from the table, seconded by Mr.Blackwell,and passed unanimously. The Moses Lake Clinic has requestedthe vacation ofthat portion of Juniper Drive located adjacent to their property.The Council requesteda traffic study prior to taking action onthe request. The ordinance vacating a portion of Juniper Drive was read by titleonly. Gilbert Alvarado,Community DevelopmentDirector,statedthata traffic studyhas been conducted and the trafficconsultant, USKH, has determined that there would be minimalimpacts on the area ifthe vacation were to be approved.He pointed outthatthe proponent was not notified thatthe vacationwouldbe consideredbythe Council atthismeeting;however,a public hearing hasalready been held on this issue so no additional testimony can be allowed. JimWhitaker,City Attorney,statedthat because thisisa Title 20 action,no further public testimony can be allowed unless an additional public hearing is conducted. ^_J There was some discussion bythe Council. ActionTaken:Mr.Pearce moved thatthe citynot vacate Juniper Drive,seconded by Mr.Blackwell. There was some discussion by the Council. The motion passed unanimously. ORDINANCE -CREATE MOTORIZED FOOT SCOOTERS -1st READING An ordinance was presented which regulates the operation of motorized foot scooters. The ordinance creating Chapter 10.44 ofthe Moses Lake Municipal Code entitled "Motorized Foot Scooters"was read by title only. Joseph K.Gavinski,City Manager,stated that this ordinance will only regulate motorized foot scooters.Other types of vehicles are regulated through different state laws. Action Taken:Mr.Blackwell moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. RESOLUTION -SURPLUS PROPERTY/AUCTION A resolution was presented which declares property surplus and provides for its sale at public action. The resolution declaring cityowned property as surplus and authorizing its sale and authorizing ^sale at public auctionof unclaimed property inthe possession of the PoliceDepartmentwas read \^J by title only. Action Taken:Mr.Deane moved that the resolution be adopted, seconded by Mr.Lane, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None /O/o /0{7 /0*7 ZO/7 6143 CITY COUNCIL MINUTES August 10,2004 OTHER ITEMS FOR COUNCIL CONSIDERATION jQgY INSURANCE The cityhas given noticeto the Cities Insurance Association ofWashington that itwill not renew its insurance coverage when it expires on August 31,2004.Staff is recommending that thecity join the Washington Cities Insurance Authority with a full membership beginning September 1,2004. Staff recommended that the city look at liability coverage with a $25,000 deductible,property coverage with a$5,000 deductible,auto physical damage with a$1,000 deductible,and boiler and -^ machinery coverage and crime and fidelity coverage.The total cost for the insurance coverage is f) approximately $308,000. Joseph K.Gavinski,City Manager,stated that WCIA provides about $4,000,000 more in liability coverage,provides terrorism coverage,and pre-litigation legal services.The city received aquote from AWC for insurance coverage.It was not included in the staff report because it was extremely high. Heexplained the difference incoverage, costs, and benefits between WCIA and CIAW.He mentioned that the city had not received information on the costs of insurance from CIAW untilthe afternoon of the Council meeting. There was considerable discussion. Action Taken:Mr.Deane movedthatthe city acceptthe WCIA insurance plan for the city for the next three years as proposed,seconded by Mr.Reese,and passed with Mr.Deane,Mr.Pearce, Mr.Reese, and Mayor Covey in favor and Mr.Lane,Mr.Blackwell,and Mr.Shinn opposed. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS /()V^NOISE VARIANCE Darrell Appleby,North Central Construction,contractor for the pavement project,requested that they be allowed to start work at 6 a.m. from August 11 to the firstof November. There was some discussion by the Council. Action Taken:Mr.Shinn moved thatthe request be granted for a 6 a.m. starttime, seconded by Mr.Lane,and passed unanimously. COUNCIL QUESTIONS AND COMMENTS O ;o--PARKS Mr.Deane stated that he has been workingon the need for parks invarious partsof the cityand would likethe Council to consider using the funds received from the sale of property on Central Drive to purchase the needed park property. Joseph K.Gavinski,City Manager,stated that areas of the city have been identified where a neighborhood park is necessary based upon the city's criteria. Action Taken:Mr.Deane moved that Capital Improvement Funds be used to purchase property needed for neighborhood parks and the funds be replaced from the sale of property on Central Drive,seconded by Mr.Pearce. There was some discussion by the Council and it was suggested that this be delayed until additional information can be provided. Action Taken:Mr.Blackwell moved thatthis issue be tabled until additional information is provided, seconded by Mr.Shinn,and passed unanimously. -y/K TROOP SUPPORT Mayor Covey stated that a Ray Lopez,president of Gold Wings motorcycle club,offered yellow ribbons to the city.The ribbons are the type that can be placed on cars.Since the city cannot purchase them, MayorCovey offered to purchase the ribbons and donate them to the city. There were no objections from the Council.s~-s CITY MANAGER REPORTS AND COMMENTS /X5oA BUILDING ACTIVITY REPORT The July 2004 Building ActivityReport was presented. /qq3 INVESTMENT REPORT Joseph K.Gavinski,City Manager,reported that the city earned $18,468.76 in investment income for the month of July 2004. 6144 CITY COUNCIL MINUTES August 10,2004 SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that the city received $275,436.96 in sales tax and $27,406.30 in transient rental income in July 2004. PROJECT UPDATES -COMMUNITY DEVELOPMENT DEPARTMENT Joseph K.Gavinski,City Manager,presenteda report onthe newand on-going projects in the city. DIVISION/l-90 PEDESTRIAN BRIDGE Gary Harer,Municipal Services Director,stated that for several yearsthe city discussed with the Department of Transportation a pedestrian bridge over I-90 at Division.Several months ago the Council authorized the city to construct a pedestrian bridgeover I-90,which would also carrythe city's sewer and water mains across I-90,based on cost estimates from the Department of Transportation.The Department ofTransportation has notified the city thatthe cost ofthe project has increased from approximately $350,000 to $950,000. Because of the cost, the staff is now looking at a boreor directional drilling project under I-90 forthe city's waterand sewer mainsrather than constructing a pedestrian bridge. RED LIGHT SENSORS UPDATE Dean Mitchell,Asst. Police Chief,stated that sensors are up in three locations that will detect cars which run red lights.He also stated that the Police Department has done emphasis patrols at intersections to catch red light runners and the police officers are encouraged to issue tickets to those who run red lights. TAX ABATEMENT PROGRAM Joseph K.Gavinski,City Manager,stated that information has been distributed on the proposed tax abatement program and mentioned that an ordinance would be providedat the next meeting. PETERSON SHORT PLAT -WAIVER Joseph K.Gavinski,City Manager,stated that the city has issued a waiverforthe Peterson Short Plat #3 which is located between Road 7 NE and Tyndall Road,so that water and sewer lines do not have to be installed at this time. This plat is located in the same vicinity as the Consolidated Disposal waste management site.While the waiverwas issued, stafffeltthat Council should be made aware of what is being developed in this area in case itwas felt the covenants should be called in and city water and sewer be required to be extended to this site. Gilbert Alvarado,Community Development Director,pointed out that the developer has already proposed an office buildingon one lotand a private well will be drilled.He mentioned that this site is about 1300'to 1500'away from city water lines. He pointed out that many times the county does not notifythe cityof development until a building permit has been issued and development started and then city staff is put in the position of trying to fix the situation. No action was taken by the Council. WALKABALE COMMUNITIES PROGRAM Joseph K.Gavinski,City Manager,stated that Dan Burden is scheduled to be in Moses Lake on September 2. Mr.Burden will be discussing downtown redevelopment,Vision 2020,healthy communities,paths and trails,etc. The regular meeting was recessed at 10:15 p.m.and the Council met in an executive session to discuss labor relations. The executive session was adjourned at 10:20 p.m.and the regular session was reconvened. FIRE DEPARTMENT CONTRACT Joseph K.Gavinski, CityManager,stated that the city has come to an agreement with the union members of the Fire Department for a contract through December 31,2005. Action Taken:Mayor Coveymovedthat the City Managerbe authorizedtosign the laborcontract with the Fire Department as proposed,seconded by Mr.Lane,and passed unanimously^ The regular meeting was adjourned at 10:25 p.pi: ATTUST:*-Ronald C.Covey,Mayor onald R.Cone,Finance Director /Q30 )Q*f //lb /OVJ