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1999 04 13u u u 5460 MOSES LAKE CITY COUNCIL April 13,1999 Council Present:Richard Pearce,Daryl Jackson,Grant Nichols,Lee Blackwell,Wayne Rimple,Ron Covey and Bob Chapman MINUTES:Mr.Nichols movedthatthe minutesofthe March 23 meeting beapprovedas submitted,seconded by Mr.Blackwell,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Jackson moved thatthe bills,checks, and prepaid claimsissued be approved,secondec by Mr.Nichols,and passed with Mr.Rimple abstaining from voting forthat portion of the bills to Faber IndustrialSupply and Moses Lake Steel Supply. 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 ona listing which has been made available to the CityCouncil. Claims:Thevouchers included onthe below list as modified by the Council and noted upon saidlist for the, Council meetingofApril 13,1999 forthe funds listedbeloware approved inthe amount of$671,657.83. GENERAL FUND STREET STREET REPAIR/RECON STREET IMPROVEMENT WATER/SEWER FUND 1996 BOND REDM FUND $144,371.35 1,735.36 14.01 6,220.61 20,417.68 56,125.00 WATER/SEWER CONSTRUCTION 127,766.12 SANITATION FUND 91,527.4$ AIRPORT 27.97 SELF-INSURANCE 140,631.8? CENTRAL SERVICES 8,102.5 EQUIP RENTAL-OPERATIONS 59,467.8 BUILD MAINT-OPERATIONS 13,671.97 M. L YOUTH PARTNERSHIP TF 1,578.07 TOTAL $671,657.8c PrepaidClaims:Prepaidclaimsapprovedbythe City Manageraccording totheprocessestablishedbyMoses Lake Municipal Code 3.42.030and the internal control policy approved bythe City Council have been re corded ona listing whichhas been made availabletothe City Council.The claimslistedbeloware approved in the amount of$23,636.16 for all funds. SELF INSURANCE 21,370.0d CENTRAL SERVICES 34.98 BUILD MAINT-OPERATIONS 439.12 TOTAL $23,636.16i ClaimsChecks: Checks 24989 through25342 issued on March 24,1999 were approved forpayment at the Council meeting held on April 13,1999 in the total amount of $563,430.34. Payroll:The payroll issued on March31,1999 havingbeen approved pursuant tothe ruleofthe City Council set forthinMoses Lake Municipal Code 3.42.040,was paid by checks 67479 through 67696 inthe amount of $9,779.96. Payroll:The payroll issuedonApril 2,1999 having been approved pursuanttotheruleofthe City Council sej forth in Moses Lake Municipal Code 3.42.040,was paid bychecks 67497 through67689inthe amountof $251,220.91. II.EMPLOYEE PRESENTATIONS Fire Department:Dean "Greg"Willett,Firefighter,was presented to Council. Engineering Division:Shawn O'Brien,Assistant City Engineer,was presented to Council. III.CONSENT AGENDA Accept Work-1997TrafficSignal Project:Aztech Electrichas completed the 1997 TrafficSignal Project. The Council should accept the work and enter into the 30 day lien period. Mutual Aid Agreement - Fire:Authorization was requested for the City Manager to execute a mutual aid agreement for fire services with agencies in Grant County. Resolution -Accept Easement-Ellestad:A resolution was presented which accepts an easementfrom Tom and Larry Ellestad for municipal purposes. GENERAL $596.80 STREET 2.93 WATER/SEWER FUND 1,192.32 iin /0/3 Resolution -Accept Donation -Sunrise Rotary:Aresolution was presented which accepts $1,000 from the /6 z/Ls Sunrise Rotary to be used towards the installation of a landmark clock at Sinkiuse Square. Resolution -Waive Bid Reouirements -Ice Rink:Aresolution was presented which waives the bid require-///O mentsfor the purchasing of materialsand equipmentforthe city's proposed new Olympic size ice skating rink Action Taken:Mr. Rimple moved that the Consent Agenda be approved,seconded by Mr.Blackwell,and passed unanimously. s%p 5461 CITY COUNCIL MINUTES: 2 April 13,1999 IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS REQUEST TO USE CITY RIGHT-OF-WAY -MOSES LAKE BUSINESS ASSOCIATION The Moses Lake Business Association requested theclosure of the E.100 Block, W.100 Block, and W.200 Block ofThird Avenue for the annual sidewalk sales during Spring Festival on May 28 and 29, 1999.The closureof Beech Street from 5th Street through3rd Avenue,Third Avenue from Beech to Balsam,and Balsam from Third to the old firestation was also requested for May 29,1999 for the Kiddie Parade. Action Taken:Dr.Covey moved that the request to use city right-of-way be approved,seconded by Mr. Jackson,and passed unanimously. n j^Y ORDINANCE -MUNICIPAL AIRPORT ZONE -2ND READING \\W 10^ An ordinance was presented which amends the Municipal Airport Zone to provide that native grasses and/or gravel can be used in the landscaping at the Municipal Airport along with trees,shrubs,and groundcover. The ordinance amending Chapter 18.35 of the Moses Lake Municipal Code entitled "Municipal Airport Zone was read by title only. The public hearing was opened.There were no comments. Action Taken:Mr.Blackwell moved that the publichearing be closed,seconded by Mr.Jackson,and passed unanimously. Action Taken:Mr.Jackson moved that the second reading of the ordinance be adopted,seconded by Mr. Blackwell, and passed unanimously. VARIANCE -TELEPHONE SERVICE -WENATCHEE VALLEY CLINIC The WenatcheeValley Clinicwillbe temporarily relocating some support servicesinbuildings across Juniper Drive from the clinicto make way fora 14,000 square foot remodeling and expansion project.The request is to allow the installation of an overhead telephone service across Juniper Drive for until May 31,1999 in orderto allow time for the construction of permanent underground cable. Action Taken:Dr.Covey moved that the request be granted,seconded by Mr.Nichols, and passed (j unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -PLANNING COMMISSION -1st READING An ordinancewas presented which increases the membership on the Planning Commission to 7 members. The ordinance amending Chapter 2.48 of the Moses Lake Municipal Code entitled "Planning Commission" was read by title only. Bill Bailey, Planning Commission Chairman,stated that he has received letters from eight people willing to serveon the Commission.Hewould liketoseethe Commission increasedto nine membersin ordertoobtain a better representation for the city. Mr.Chapman was in favor of returningto a nine memberCommission as that would require a quorum of at least five people. Mr.Blackwell was also in favor of a nine member Commission. Mr.Jackson would also support a nine member Commission. Action Taken:Dr.Covey moved that the ordinance be changed to provide fora nine member Commission and the firstreading of the ordinance be adopted,seconded by Mr.Jackson,and passed unanimously. jl/u?ORDINANCE -AMEND UTILITY TAX -SINGLE READING {*} An ordinance was presented which amends the city's utility occupationaltax. The ordinanceamending Chapter 3.30 ofthe Moses Lake Municipal Code entitled"Utility OccupationalTax" was read by title only. Joseph K.Gavinski,City Manager, pointed outthat the ordinancewasdrafted with the "revenue neutral"idea inmind. The idea beingthatcommercialand/or industrial uses outside the city's limits would not have their utility tax increased when annexed intothe city. He mentioned that a "revenue neutral"ordinance is difficult to draft since no two commercial projects use the same amount of services. There was some discussion by the Council concerningthe factthat ifthe ordinance is adopted, itcouldbe amended priorto its effective date of August 1,1999. CITY COUNCIL MINUTES:3 546; March 23,1999 ActionTaken:Mr.Jackson moved thatan emergency be declaredandthe ordinancebe adopted ona single reading,seconded by Mr.Chapman,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS -None VIM.REFERRALS FROM COMMISSIONS CASCADE PARK -FRASER VALLEY DRAG BOAT ASSOCIATION The FraserValley Drag BoatAssociation is requesting the use of Cascade Parkas theirheadquarters and ()spectator area for their annual drag boat race to be held July 31 and August 1, 1999.The Park and ^-"^Recreation Commission recommended that the Council approve the request subject to certain conditions. ActionTaken:Mr.Jackson moved that the request be approved subject to the conditionsstipulated by the Parks and Recreation Commission,seconded by Mr.Blackwell,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION TIB GRANTS Staff requested authorizationto accept the TIB grants approved forthe following city projects:a $2,178,000 grant for Yonezawa Boulevard with a $282,000 match fromthe city;a $300,000 grant forthe Moses Lake Signal Project with a $100,000 match from the city; and a $100,000 grant for sidewalk installation with a $25,000 match from the city. Action Taken:Mr.Blackwell moved that the City Manager be authorized to acceptthe TIB grants and to add the Pioneer Way/Sharon Avenue Signal to the Signal Improvement Project,seconded by Mr.Chapman,and passed with Mr.Jackson abstaining since he is a member on the TIB Board. EMMANUEL BAPTIST CHURCH -COVENANTS The Emmanuel Baptist Church was granted variances for street improvements to Boyle Street and State Street whenthe property was platted.These streets are presently gravel.The church is planning to construe! a 32'by 38'addition to the church and the staff is requesting direction on whether or not to call in the covenants to improve the gravel streets. Emery Coffee,Emmanuel Baptist Church,stated that they access theirlotfrom Nelson Road ratherthan Boyle t)Street.He was concerned aboutthe costofthe improvementsand howthe church would be required to pay. He mentioned that the church does not have the funds to pay forstreet improvements. Itwastheconsensusofthe Council thatthe issue be tabled until additional information can be provided to the Emmanuel Baptist Church. Action Taken:Mr.Jackson moved that the issue be tabled,seconded by Mr.Nichols, and passed unani mously. ANNEXATION PETITION -EAST OF MOSES LAKE Joseph K.Gavinski, City Manager,stated that the Notice of Intent has been receipted on this proposed annexation and the Councilthen delayed continued actionon this proposed annexation. The adoptionofthe annexation petition isthe next step inthe process. Hementionedthatthe cityhas received aletterfrom Grant Countywhichimplies legal action ifthe cityshouldproceedandan executive session wouldbe appropriate. At 8:30 p.m.the Council recessed the regular meeting and met inan executive session to discuss litigation issues between the City of Moses Lake and Grant County. The regularmeeting was reconvened at 9:10 p.m. Joseph K.Gavinski,City Manager,described the property proposed for annexation.The property to be annexed has an assessedvaluationof$123,000,000 andthe cityhas ExtraTerritorial Agreements forproperty with an assessed valuation of $106,000,000.This is 85%ofthe annexation area. ActionTaken:Mr.Jackson moved that the PetitionforAnnexation be accepted,seconded by Mr.Blackwell. ^-^Action Taken:Mr.Chapman moved that the Petition for Annexation be amended to include the property between Road4 to the existing city limits west ofthe east section line of Section 14,Township 19 North, Range28,seconded by Mr.Blackwell,and passed unanimously. The motion passed unanimously. X.PUBLIC QUESTIONS AND COMMENTS -None //3) in 10+o /o^<? qbp 5463 CITY COUNCIL MINUTES: 4 April 13,1999 XI.COUNCIL QUESTIONS AND COMMENTS UGA -REVENUE SHARING Mr.Chapman stated that the letter from the county dated April 12,1999 concerning "revenue sharing"was in response to the city's request for a proposal on the issue.This request was made after the last meeting where the city was left with the feeling that no agreement was reached.This letter seems to be the first step in obtaining from the county some fairness in dealing with the "revenue sharing"issue.However, he requested that stafflook into the following issues:a definition ofresource based industries and whether items 1and 2 in their letter refer to the Wheeler Road Corridor only or the entire UGA.If they are only discussing ^^^ theWheeler Road Corridor,a definition ofthe geographical areawould berequired. He wasconcernedabout (j thewording concerning "existing or newly developed"resource basedindustries.He was also concerned that the language fromthecounty concerning the elimination ofthe Boundary Review Board is open to interpreta tion on the time frame. Mr.Jackson also pointed out that the city should not reimburse the county for the portion of capital invest ments paid for by state funds. Mr.Rimple did not feel the city should reimburse the county for normal maintenance on roads. He also felt that 20 years for the agreement to be in effect is too long. Joseph K.Gavinski,City Manager,stated that he also had some of the same concerns expressed by the Council and has already contacted the Commissioners about those . He mentioned that he would present the Council's concerns inwritingto the County Commissioners.He discussed the proposal from the county. He mentioned that Grant County has supplied a map showing what they will place within the Comp Plan. It includes mostofthecity's UGA proposal and more, but identifies the property eastofRoad Mas a"provisional UGA". Mr.Pearce pointed out that "provisional UGA" is not part of the Growth Management language.It is something proposed by the county and its meaning is unclear. Therewas some discussion by theCouncil concerning the Boundary ReviewBoard and juniortaxing districts. James A.Whitaker,City Attorney,pointed outthatoncetheComp Plan hasbeen adopted and the areawhere growth will take place is known,the junior taxing districts have notice ofwhat will happen to their tax base. Therefore,there is no need forthe juniortaxing districts to invoke the aid ofthe Boundary Review Board. He pointed out that state law is very clear that fiscal concerns have no place in a planning decision. \(P Dr.Covey requested consideration be given to the issue of non-resource based industry within the UGA that is not annexed into the city as he felt revenue sharing is a two-way street. There was some discussion by the Council concerning Growth Management. XII.CITY MANAGER REPORTS AND COMMENTS ^BOYS AND GIRLS CLUB -REQUEST FOR FUNDS n /r The Boys and GirlsClub is proposing to serve a free lunch to children in McCosh Park throughout the |{j\summer. The clubwould also provide free activities for the participants from 12:30 p.m.to 2:30 p.m.on a dailybasis.These activities woufd include recreation, arts and crafts, outdoor environmental education, and physical education.The club has received a pledge of $1,500 forthis program.The total cost if$4,050 and the club is requesting that the city fund the balance of $2,550. Ryan Graves, Boys and GirlsClub,stated that they are working withthe State Children's Alliance, Office of Superintendent of Public Instruction,andthe Moses LakeSchool District onthis project.Hestated thatthey have proposed sites atthe base, at Lakeview Elementary,and also McCosh Park.Hestatedthatthe Boys and Girls Clubwouldbe reimbursed for one hourofthe time and isrequestingthe city fund the remainderof the cost. Joseph K.Gavinski,CityManager,requested additional information on howthe funds from the citywouldbe used. Mr.Graves stated that there is one lead person and two additional staff persons. Lunch will be served from 11:30 to 12:30 and activities would be provided from 12:30 to2:30.The funds from thecity would beused (~\ for staffing. Mr.Pearcewanted to know ifthe citycould providefunds fora private enterprise. Mr.Gavinski statedthatthe city would havetohavea contract connected toa city function in order to provide funds. There was considerable discussion by the Council. Action Taken:Mr.Chapman movedthattheCity Manager be authorized to draft anagreement with theBoys and Girls Club to fund this program in the amount of $2,550 for one year,seconded by Mr.Jackson, and passed unanimously. > <J \J \J 5464 CITY COUNCIL MINUTES:5 April 13,1999 WHITE DRIVE -COST ANALYSIS Joseph K.Gavinski, City Manager,presented informationon the cost of improvements to EarlRoad and Dale Road in connection with the vacation of White Drive.The assessment shows that the property being rededicated to the city and the improvementsto the right-of-way is much more than one-halfof the assessed valuation forthe streets being vacated.The Council had previously determined that no reimbursementwoulc be required from the Catholic Church for the vacation of the streets in this area ifthe cost of the dedicatee right-of-way and the required improvements exceeded one half of the appraised value of the area beinc vacated. BUILDING ACTIVITY REPORT Joseph K.Gavinski,City Manager, distributed the building activity report for March 1999. SALES TAX AND TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that the city received $247,070.15 in sales tax and $15,900.58 /cf/'$ in transient rental income for January 1999.' Y2K DISCLOSURE LETTER Joseph K.Gavinski,City Manager,distributed the letter the city willbe sending to anyone who inquires about the city's preparation for the year 2000. The regular meeting was adjourned at 10:10 p.m. mance Director Mayor /Df7 7X