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2007 02 136478 MOSES LAKE CITY COUNCIL(s ^>February 13,2007 Council Present:Brent Reese,Jim Liebrecht,Bill Ecret, Jon Lane,Dick Deane,Brent Reese,and Richard Pearce Absent:Ron Covey PLEDGE OF ALLEGIANCE:Deputy Mayor Pearce led the Councilinthe pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the January 23,2007 meeting be approved, seconded by Mr.Reese,and passed unanimously. Mr.Reese moved that the minutes of the Council/staff retreat held on February 2 and 3,2006 be approved,seconded by Mr.Lane, and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Action Taken:Mr.Deane moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Lane, and passed unanimously. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursementclaims,certified as required by RCW42.24.090, have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at city hall. As of February 13,2007 the Council does approve for payment claims in the amount of (J $1,274,275.58;prepaid claims in the amounts of$23,436.09,$20,790.99,and $10,170.29;checks v~y in the amount of$2,192.50;and payroll in the amounts of$44,423.18 and $2,029.40. PRESENTATIONS AND AWARDS FIRE DEPARTMENT Dustin Tyler,Paramedic/Firefighter,was presented to Council. CONSENT AGENDA Barrinaton Point 1 Final Major Plat/Findings of Fact:Hagedorn Inc.has submitted an application for a 52-lot final plat.The 13.4-acre plat is located between Crestview Drive and Paxson Drive, south of Virginia Street.The area is zoned R-1,Single Family Residential,which corresponds to the Comprehensive Plan Land Use Designation of Low Density Residential.The final plat has no significant changes from the approved preliminary plat.The Planning Commission recommended that the final plat be conditionally approved.Also submitted for approval were the Findings of Fact. Resolution -Accept Improvements -Polo Ridae Major Plat:A resolution was presented which /&&> accepts the street and utility improvements constructed as part ofthe Polo Ridge Major Plat. Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Ecret, and passed unanimously. «j COMMISSION APPOINTMENTS )QO'^ Mayor Covey requested Council confirmation ofthe appointment ofKaren Liebrecht to the Parks /j7 j and Recreation Commission and David Plate to the Planning Commission. //J <ft 6479 CITY COUNCIL MINUTES February 13,2007 Action Taken:Mr.Lane moved that the appointment of Karen Liebrecht to the Parks and Recreation Commission be confirmed,seconded by Mr.Deane,and passed unanimously. Action Taken:Mr.Deane moved that the appointment of David Plate to the Planning Commission be confirmed,seconded by Mr.Reese,and passed unanimously. CONSIDERATION OF BIDS Idil VEHICLES The city received bids from five vendors forthe seven pickup trucks. Action Taken:Mr.Liebrecht moved that the bid for the small extended cab pickup be rejected and the vehicle be purchased fromthe state bid,seconded by Mr.Deane, and passed unanimously. Action Taken:Mr.Lane moved that the bid for the two Vz ton,full size,extended cab pickups be awarded to James Chevrolet in the amount of $39,495.16,seconded by Mr.Reese,and passed unanimously. Action Taken:Mr.Liebrecht moved that the bid for the three V2 ton,full size,regular cab pickups be rejected and the vehicles be purchased from the state bid,seconded by Mr.Lane, and passed unanimously. Action Taken:Mr.Lane moved that the bid for the mid-size,extended cab 4x4 pickup be awarded ^^^ to James Chevrolet in the amount of $20,720.61,seconded by Mr.Liebrecht,and passed ( ) unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ////COLUMBIA BASIN FARMER'S MARKET The Columbia Basin Farmer's Market requested permission to use the CivicCenter Park for the Farmer's Market beginningthe first week of Maythroughthe end of October. There was some discussion by the Council. ActionTaken:Mr.Liebrechtmoved that permission be granted for the Columbia Basin Farmer's Marketto use the CivicCenter Park,seconded by Mr.Lane, and passed unanimously. Ifi^VENDORS IN CITY PARKS Donna Voelpel,Sweet Treats,Inc.,requested permission to sell ice cream in Blue Heron Park during the 2007 summer season. Spencer Grigg,Parks and Recreation Director,statedthatafterthe requesttosellicecreamin city parks by Ms.Voelpel in 2006,thesnowcone vendor was advised thata private concession in city parks would no longer be allowed.The owner ofthe snowcone facility will notbe allowed to sell in the 2007 season and is in the process of removing the building. There was some discussion by the Council on outside vendors in city parks. Staff was directed to investigate allowing outside vendors incity parks through a bidding process. n n 6480 CITY COUNCIL MINUTES February 13,2007 i^_J TOEVS AVENUE VACATION ,Qfy The First Presbyterian Church previously requested the vacation of Toevs Avenue,which is adjacenttotheir property offof Ivy Avenue. The church is requesting thatthe requirement to pay one halfofthe appraised valuebewaivedasthe church donatedthe property tothecityatnocost. Ifthe Council does notwish to waive the cost,the church is requesting that the amount be reduced from $.63 per square footto $.45 per square foot. Joseph K.Gavinski,City Manager,explained the process of determining the assessed value ofthe vacated property.He pointed outthatwhen astreetisvacatedthe cityloses thevalueofthatstreet andthe compensation allowed for the vacation can be used bythe city for other public facilities. Bob Bernd,representing the First Presbyterian Church,stated that atthe time their property was platted the church dedicated 30'of right-of-way for a road ifitwas needed. Sincethe time it was dedicatedthe 30'of right-of-way has been used mainly byschool buses to access Midway School. Since the school was remodeled several years ago, the buses no longer use Toevs Avenue.He felt thattherearespecialcircumstances related tothis vacation sincethe property was donatedby a singleownerand will be returned tothatsame owner. He felt thatifthe Council determinesthat the reimbursement for the vacation is required,the cost should be no more than what the value of the adjoining property,whichwas appraised at $.34 persquare foot. DickRoss,1311 Lakeway, a memberofthe church,stated that state lawdoes not mandate the city be compensated for the vacation.He also objected to the use of property fronting a city street beingused todetermine the assessed value ofToevs Avenue,since Toevs Avenue isnota normal [sj city street. Arlie Updegrave,3199 Lakeside, a member of the church, stated that they wish the vacation of Toevs Avenue because the church has purchased the adjacent property and the 30'of right-of-way is not conducive to development ofthe property. Action Taken:Mr.Liebrecht moved that the compensation for the vacation of Toevs Avenue be waived,seconded by Mr.Lane. Mr.Lane felt that this is a unique situation and the property should be returned to the church at no cost. Mr.Reese also felt that the property should be returned to the church at no cost. Mr.Deane pointed out that he is a member of the church. The motion passed unanimously. WATER SERVICE -CHANDLER MAJOR PLAT O Chandler Properties requested a deferral of the requirement to pay the water connection charges fortheirpropertyon East BroadwayExtended. The original deferral was conditionedon fees being paidwith the next request for hook up orwithintwo years.No other property has connected atthis time. Joseph K.Gavinski,City Manager, pointed out that the request has no time limiton the payment of the fees as the original deferral had. There was some discussion by the Council. //AC, 6481 CITY COUNCIL MINUTES February 13,2007 Action Taken:Mr.Reese moved that the request be denied,seconded by Mr.Deane,and passed unanimously. ORDINANCES AND RESOLUTIONS /0$2 ORDINANCE -AMEND ORDER OF AGENDA -1ST READING An ordinancewas presentedwhich amendsthe orderofthe Council agenda by adding "and quotes" to "Request to Call for Bids". The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled "Mayor and Council"was read by title only. Action Taken:Mr.Ecret moved that the first reading ofthe ordinance beadopted,seconded by Mr. Liebrecht,and passed unanimously. REQUEST TO CALL FOR BIDS //(p(s 2007 SEWER LINING PROJECT Staff requested authorization to call for bids for the 2007 Sewer Lining Project. Action Taken:Mr.Ecret moved that staff be authorized to call for bids,seconded by Mr.Reese, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION GRANT COUNTY EDC -CONTRACT)(Xfr A contractwas presented withGrantCounty Economic Development Council for services in2007 at a cost of $30,000. Action Taken:Mr.Liebrecht moved that the City Manager be authorized to sign the contract, seconded by Mr.Lane, and passed unanimously. /£)3<P WESTERN DISPLAY FIREWORKS -CONTRACT A contract was presented with Western Display Fireworks for a fireworks display on July 4, 2007 at a cost of $15,000.The amount was increased from $10,000 to $15,000 inorderto provide a better 4th of July fireworks display because of the city's fireworks ban. There was some discussion by the Council. Action Taken:Mr.Lanemoved thatthe City Manager be authorized tosignthe contract,seconded by Mr.Ecret,and passed with Mr.Liebrecht opposed ashefelt that an even larger display should be provided due to the city's ban on fireworks. /OS/ENGLE ANNEXATION -PETITION A petition for annexation was presented for property owned by Paul and Madonna Engle located adjacent to Highway 17. n n n 6482 CITY COUNCIL MINUTES February 13,2007 \^Action Taken:Mr.Lane moved that the petition be accepted,seconded by Mr.Ecret,and passed unanimously. WANAPUM DRIVE ACTIVITY TRAIL -COMMUNITY STANDARDS j^/Q Staff requested a deviation ofthe CommunityStreet and Utility Standardsinordertoconstructthe portion ofthe activity trail betweenWapato Drive and Peninsula without curb,gutter,orplanter area because of the topography and the limited right-of-way in this area. Gary Harer,Municipal Services Director,showed pictures ofthe areaand explained the problems with the elevations and right-of-way that need to be addressed. There was some discussion by the Council. Action Taken:Mr.Deane moved that the deviations be approved and staff proceed with the project, seconded by Mr.Lane, and passed unanimously. MUNICIPAL AIRPORT -HARD SURFACE AREAS The Municipal Airport Commission has discussed the hardsurface/paved areas placedaroundthe buildingson the airportconstructed on leased property. The current leases requirethe tenants to pay for these hard surface/paved areas and so the Grant County Assessor's Office includesthat area in the tax assessment.The Airport Commission requested an official statement from the Council indicating that the hard surface/paved areas are similarto sidewalks or parking areas and I)actually owned by the city. Joseph K. Gavinski, City Manager,stated that a policy was drafted which states that the hard surface or paved areas on the leased property around the buildings constructed on the property is similar to sidewalks and parking lots and is the property of the city. There was some discussion by the Council. Action Taken:Mr.Reese moved that the policy be adopted,seconded by Mr.Ecret,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS GRANT COUNTY EMERGENCY MANAGEMENT Tom Jones,422 N. Earl Road,owner of property within the emergency buffer proposed by the Grant County Emergency Management Office,stated that the city supports industrial development in the Wheeler Road Corridor and land use regulations need to be enacted to protect the area as well as the City of Moses Lake.Land use regulations should not be so prohibitive that it limits growth.The proposed hazard mitigation planwould limitthe residential,commercial,and industrial growth in the Wheeler Road Corridor and decrease property values in the area.The city should be concerned about the All Hazard Mitigation Plan as proposed by Grant County Emergency Management. ^J ;O0Cp //3f 6483 CITY COUNCIL MINUTES February 13,2007 There was some discussion and it was pointed out that this proposed buffer area will affect the city since most ofthe property is either within the city or in the city's urban growth area and that the city has actually rescinded its approval of the county's all hazard mitigation plan. n //3f LAKE QUALITY (TMDL) Joseph K.Gavinski,City Manager,distributed information concerning the issue of lake quality. Additional information will be provided at the next meeting. /O0(ft MUNICIPAL AIRPORT -LEASES Joseph K.Gavinski,City Manager,stated thatthe Airport Commission has reviewedthe leaseswith regard to rental of the property at the Municipal Airport and recommended changes to the term, rental rates,and liability issues. There was considerable discussion concerning the city's liability as it relates to the loss of improvements and itwas pointed out that part of the purpose ofthe lease is to reallocate risk from the city as a landlord to the tenants.It was also pointed out that not every claimant may be a tenant. Darin Jackson,1308 S.Hamilton,stated that he has invested in a new facility at the airport under the assumption that he would have a 5 year lease but under the new leases it is essentially a 30 day lease.He felt the city should commit to keeping the airport operating for at least a 20 year ^.^^ period so that airport users could obtain funding for improvements and have some stability.(] There was considerable discussion by the Council concerning whether or not the city should commit to operating the airport for an extended period of time and the possibility of the airport moving to another location in the future. Jerry Richardson,10091 E.Harris Road,Airport Commissioner, pointed out that the Comprehensive Plan recommends thatthe areaaroundthe airport needstobe protectedandthere have been some zoning changes to the property adjacent to the airport that is inthe county. He mentionedthatmany ofthe improvements tothe airport have been done by state grantsand ifthe airport is closed,that money will have to be accounted for. Delone Kruger,622 Potato Hill Road,Airport Commissioner and long time tenant of the airport, stated that the reality of the situation is that hangers will not be removed from the airport ifthe airport isclosed.He pointed outthatthe airport hasnotbeen a drain onthe general fund anditis operated by people who are committed to the airport. Ron Piercy,12319 Road4 NE,pointed outthattherehas been a lot of growth atthe airport in the lastseveralyearsby peoplewhoexpect tobethere for 10to 15years.Financing canbe a problem and he suggested the citycommitto operating the airport for the next 20 years. Healso felt the property around the airport should be protected so that it is developed in a manner that is compatible with the operations of the airport. Mr.Pearce stated that the airport has used no general fund monies since 1997 when the Airport Commission took over the operation of the airport.He suggested the city investigate the term of f^ the airport lease and insert some general language ifthe airport is ever closed. 6484 CITY COUNCIL MINUTES February 13,2007 There was some additional discussion and it was the consensus of the Council that city staff and the Airport Commission discuss the terms and the liability issue. OLYMPIA ICE RESURFACING MACHINE Joseph K.Gavinski,City Manager,statedthatthe city has purchased the Olympia ice resurfacing machine using the city's Waiver of Competitive Bidding Requirements for Purchase Limited to a Single Source orSupply or Involved Special Facilities or Market Conditions Purchasing Policy.The ice resurfacing machine will be delivered in the near future. MUNICIPAL AIRPORT PROPERTY Joseph K.Gavinski,City Manager,statedthatthe Finance Director researchedthe airport property and determined that itis owned bythe city's General Fund and notthe Airport Fund. The rental revenue from that property should be placed in the General Fund and ifthe Council wishes to support the Airport Fund,a transfer ofthatlease rental should be madetothe Airport Fund. QUARTERLY AMBULANCE REPORT //3$ The fourth quarter ambulance report for 2006 was provided. BUILDING ACTIVITY REPORT The January 2007 Building Activity Report was presented. INVESTMENT REPORT The investment report showed the city earned $72,135.22 in investment income in January 2007. SALES TAX/TRANSIENT RENTAL INCOME w 10/7 /OOCfi /O&OS) /0O3 Joseph K.Gavinski, City Manager,reported that the city received $366,649.98 in sales tax and $19,685.22 in transient rental income in January 2007. BUDGET ADJUSTMENT -TENNIS COURT Joseph K.Gavinski,City Manager,stated that a budget adjustment has been requested from the Parks and Recreation Department of $45,000 to resurface the tennis courts at McCosh Park. It was the consensus of the Council that the request be approved. The regular meeting was adjourned at 10 p.m. w ATTEST:Richard Pearce,Deputy Mayor Ronald R.Cone,Finance Director