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1997 12 235307 MOSES LAKE CITY COUNCIL December 23,1997 Council Present:Daryl Jackson,Wayne Rimple,Bill Reese,Ron Covey, Richard Pearce, Grant Nichols, and Bob Chapman MINUTES:Mr.Pearce moved that the minutes of the December 9 meeting be approved as submitted, seconded by Mr.Nichols, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ^—^Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Rimple,and passed unanimously. Vouchers audited and certified by the Finance Director as requiredby 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 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 December 23, 1997 for the funds listed below are approved in the amount of $530,318.82. GENERAL FUND $49,455.69 WATER/SEWER LEASES 1,857.42 STREET 21,776.18 SANITATION FUND 29,944.36 STREET REPR/RECON 10.79 AIRPORT 179.25 EQUIPMENT LEASES 18,489.82 CENTRAL SERVICES 14,055.02 STREET IMPROVEMENT 4,973.33 EQUIP RENTAL-OPERATIONS 34,462.49 WATER/SEWER FUND 295,518.26 BUILD MAINT-OPERATIONS 7,523.16 WATER/SEWER CONSTRUCTION 49,044.30 M. L.YOUTH PTF 3,028.75 TOTAL $530,318.82 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City Council have been recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $2,304.82 all funds. o GENERAL FUND $2,302.86 CENTRAL SERVICES 1.96 TOTAL $2,304.82 Claims Checks:Checks 14556 through 14794 issued on December 10,1997 were approved for payment at the Council meeting held on December 23,1997 in the total amount of $479,778.37. Payroll:The payroll issued on December 12,1997 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 56009 through 56199 in the amount of $221,355.62. OATH OF OFFICE The oath of office was given to the newly elected Councilmen -Bob Chapman,Lee Blackwell,Ron Covey, and Wayne Rimple. PRESENTATION Bill Reese was presented with a plaque for his years of service on the Council and also a letter of appreciation from the Grant County Health Department was read. I.CITIZEN INPUT -None II.PRESENTATIONS -None III.CONSENT AGENDA .Accept Work -1997 Street Construction Project:Basin Asphalt has completed work on the 1997 Street W Construction Project.The work should be accepted and the 30 day lien period entered into. /DO? /oo9 /o/? Agreement -Grant County Economic Development Council:Authorization was requested for the City /OSJl Manager to sign an agreementwith the Grant County Economic Development Council for services in 1998. Resolution -Accept Holiday Decorations:A resolution was presented which accepts the holiday /Dz/(p decorations from the Downtown Business Association. Resolution -Accept Street &Utility Improvements -Pelican Estates Maior Plat:A resolution was //<£[? presented which accepts street and utility improvements associated with the Pelican Estates Major Plat. Action Taken:Mr.Rimple moved that the Consent Agenda be approved,seconded by Dr.Covey,and passed unanimously. ,/*7 ,/£A IO&-1 5308 CITY COUNCIL MINUTES:2 December 23,,1997 IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS GRANT COUNTY NOXIOUS WEED CONTROL BOARD Jerry Jenke,Coordinator of the Noxious Weed Control Board,gave a presentation on the work of the Board and the noxious weeds in the area. He mentioned that there willa person assigned full time to work within the cities of Grant County.He explained the process they useto enforce the weed control laws.^v PUD -PAXSON DRIVE REBUILD -VARIANCE The PUD requested a variance in order to rebuild an overhead distribution line in the Paxson Drive area from Murphy Driveto Gary, from Gary to Grape, and along Grape to Maple Avenue.This will be a major feeder line from the new Paxson Drive Substation. Ron W.Reese,PUD,mentioned that a major cost to underground the system would be the repair to existing streets and sidewalks.There would also be disruption of traffic for an extended period of time. He mentioned that the cost for the overhead lines would be about $120,000 while to underground the lines would cost about $550,000. There was some discussion by the Council on the project. Gary Harer, Municipal Services Director,stated that placing the lines underground would involve cutting the streets in order to underground the lines and connect the residences. Mr.Rimple felt that eventually the city will have to start enforcing the ordinance requiring undergrounding of utilities irregardless of the cost or inconvenience factors. He pointed out that there would be no question about placing the lines underground in a new subdivision. Dr.Covey also felt that the ordinance should be enforced but the inconvenience to the current residents should also be considered. Action Taken:Dr.Covey moved that the variance request to place an overhead distribution line in the Paxson Drive area be granted,seconded by Mr.Nichols,and passed unanimously.f~} VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND PARKING -2ND READING An ordinance was presented which prohibits parking on East Broadway from Block Street northeast to Highway 17 on both sides of the street, on Colonial Avenue from Pioneer Way southwest to the end on both sides of the street,and on Third Avenue from Block Street northeast to Broadway on both sides of the street. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations" was read by title only. Action Taken:Mr.Chapman moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. jO^ORDINANCE -PLANNING COMMISSION -SINGLE READING An ordinance was presented which reduces the number of people on the Planning Commission from nine to seven. The ordinanceamending Chapter2.48 ofthe Moses Lake Municipal Code entitled "Planning Commission" was read by title only. Action Taken:Mr.Pearce moved that an emergency be declared and the ordinance be adopted on a f%^ single reading,seconded by Mr.Rimple, and passed unanimously. jQ/0 ORDINANCE -AMEND 1997 BUDGET -SINGLE READING An ordinance was presented which amends the 1997 budget. The ordinance amending the 1997budget for the City of Moses Lake,Washington was read by title only. Action Taken:Dr.Coveymovedthatanemergencybe declared andthe ordinance be adopted ona single reading,seconded by Mr.Reese,and passed unanimously. ^J ^J u 5309 CITY COUNCIL MINUTES:3 December 23,1997 ORDINANCE/RESOLUTION -LTGO BOND REFUNDING -SINGLE READING A resolution retaining special counsel to aidinthe issuance and sale of $1,685,000of limited tax general obligation bonds for the city was presented along with an ordinance authorizing the issuance of such bonds. The resolution of the City Council of the City of Moses Lake, Washington,retaining special counsel for certain services in connection with the authorization,issuance,and sale of $1,685,000 of limited tax general obligation refunding bonds of the city was read by title only. ActionTaken:Mr.Rimple moved that the resolution be adopted, seconded by Mr.Reese and passed unanimously. Jean Baker, Seattle Northwest Securities, explained that the city will basically be turning in bonds issued in 1990 and 1992 and issuing new bonds at a lower interest rate. Rose Marie Van Winkle explained the ordinance to the Council. The ordinance of the City Council of Moses Lake,Washington,providing for the issuance of limited tax general obligation refunding bonds of the city in the aggregate principal amount of $1,685,000 to refund the outstanding limited tax general obligation bonds,1990 and limited tax general obligation bonds,1992; fixing the date, form,terms,maturities and covenants of said bonds;providing for limited tax levies to secure the repayment of the bonds; establishing a refunding plan and authorizing a refunding trust agreement;undertaking to provide certain ongoing disclosure; and accepting an offer to purchase the bonds herein authorized was read by title only. ActionTaken:Dr.Covey moved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Reese,and passed unanimously. ORDINANCE -REPEAL ASIMI SEWER RATES -1ST READING An ordinance was presented which repeals Ordinance #1387 which establishes separate sewer rates for ASiMI.Repealing this ordinance will cause ASiMI to be billed at the same rate as other commercial accounts. The ordinance repealing Ordinance No. 1387 was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS FIRE ENGINE Staff requested authorization to call for bids for a pumper fire truck. Action Taken:Mr.Rimple moved that staff be authorized to call for bids,seconded by Mr.Nichols, and passed unanimously. VIII.REFERRALS FROM COMMISSIONS DESERT OASIS FINAL PLAT Ron Baker,Boundary Engineering,has submitted a final plat for a one lot plat located off Kinder Road in the Longview Tracts neighborhood.The Planning Commission recommended that the final plat be approved. Action Taken:Mr.Reese moved that the Desert Oasis final plat be approved with the stipulation that the comments from the City Engineer be addressed and the Findings of Fact be accepted,seconded by Dr. Covey,and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION PLANNING COMMISSION With the consensus of the City Council, Mayor Jackson appointed Duane Jenks and reappointed Robert Bernd to the Planning Commission.He mentioned that Mitchell Delabarre has requested that he not be reappointed due to other commitments.He pointed out that there is still one vacancy on this Commission. ;JOQ /<P7^r /D/7 /JAC /00A )011 o/A10 1° 1007 1^ 5310 CITY COUNCIL MINUTES:4 December 23,1997 X.COUNCIL QUESTIONS AND COMMENTS GRAPE DRIVE BALLFIELDS Mr.Reese stated that there are two requests for the use of the $25,000 in self-help funds for 1998 and he would like to encourage the Council to consider the request for the Grape Drive Ballfield project as there is currently no location determined for the ice skating rink. MUNICIPAL AIRPORT Mr.Pearce stated that the Washington State Department ofTransportation,Aviation Division,has notified the city that the Municipal Airport was nominated and selected as the Washington State Airport ofthe Year for 1997. This award will be presented on February 21, 1998 at the 15th Annual Northwest Aviation Conference and Show at the Puyallup Fairgrounds. XI.CITY MANAGER REPORTS AND COMMENTS q5 GROWTH MANAGEMENT Joseph K. Gavinski, City Manager,stated that Grant County has not yet officially adopted the City of Moses Lake's IUGA.The findings regarding the city's IUGA should be done around January 20 or 21. This is the result of an agreement between the county and some property owners in Cascade Valley who appealed the establishment of the IUGA. Mr.Gavinski stated that at the hearing before the Eastern Washington Growth Management Hearings Board the county requested an extension oftime to complete the requirements ofthe Growth Management Act. An extension was granted but the Board stipulated that the attorneys are to present a schedule to the Board for completion of the work. It has been suggested that monetary sanctions be included in the stipulation that will be presented to the Board. Mr.Chapman raised the issue of development regulations within the IUGA. He felt that the Council should discuss this issue and provide some direction to staff. Mr.Jackson pointed out that the public is under the impression that Grant County has established the IUGA for the City of Moses Lake and that has not yet happened.He felt that definite timelines are needed in order to getthe County to act.f0^ Mr.Gavinski pointed out that the inter-local agreement must also be completed and a joint meeting between the Council, Planning Commission,and the Steering Committee would be helpful. He also mentioned that the city's land use survey and analysis should be completed by the middle of January. Once that information has been discussed by Council, Planning Commission,the Steering Committee and staff a proposal could be sent to the county forthe UGA by the end of January or the first of February. Mr.Gavinski stated that staff has provided a schedule for completion of the city's Comprehensive Plan to the Department of Ecology because of the request for an exemption in order to receive loan monies authorized for the feasibility study for the Sand Dunes Wastewater Treatment Plant.Those funds could not be given to the city because itwas not incompliance withthe Growth Management Act. That schedule is also dependent on the county proceeding with their comprehensive plan process. It was the consensus of the Council that a joint study session be held on January 6 between the Council, Planning Commission, and the Steering Committee to discuss the inter-local agreement for development regulations in the IUGA. Council directed staff to send a letter of explanation on where the city is at in relation to the Growth Management Act to the Council,Planning Commission, and the Steering Committee. HALL ANNEXATION Joseph K.Gavinski,City Manager,stated that the staff has not yet contacted all the property owners between the Hall annexation proposal and the city's current limits. MARINA SHORES PURD Joseph K.Gavinski,City Manager,stated that the easement required for the pedestrian walkway on Marina Shores was established andthere isan existingfence on the insideofthe easement. The cityhas the right to fence its side of the easement and ifthe Council wishes the walkway to be better defined that fence should probably be installed. No action was taken by the Council. DEVELOPMENT AND REVIEW PROCESS -PLATS Joseph K.Gavinski,City Manager,statedthatquestionshavebeen raised aboutthe timing and processing of plats. One of the problems is that of manpower and the other is the need to review of the ordinances and adjust the time frames for review. r> n ^J <J 5311 CITY COUNCIL MINUTES:5 December23, 1997 SPECIAL MEETING Joseph K.Gavinski,City Manager,stated that a special meeting needs to be held on December 31 to ' clean up last minute items for 1997. It was theconsensus ofthe Council thata special meeting be scheduled for December 31 at2 p.m.in trie City Hall Conference Room. LANDSCAPING Joseph K.Gavinski, City Manager,stated that at the study session the Council had indicatedthat itwould be permissible for the property ownerson East Broadway to continue the landscaping as itis currently existing with the city to maintain it. Mr.Jackson pointedout that this decision onlyconcerns East Broadwayand that the Parkand Recreation Department will determine the species of trees to be installed. Mr.Chapman pointed out that the developers are to install the irrigation systems and then the city will maintain the system. Action Taken:Mr.Rimple moved that the landscaping plan on East Broadway be continued with the developer to install the landscaping,including an irrigation system,the Parkand Recreation Department to specify the species of trees to be planted,and the cityto maintain the landscaping,seconded by Mr. Reese,and passed unanimously. SAMARITAN AMBULANCE SERVICE Joseph K.Gavinski,City Manager,statedthathe hadinformed Samaritan Hospital the citywould be willing to provide the service as requested but would charge a fee of $150 if a fireman is taken out of service and $75 to roll on a priority call.He reported that Samaritan is not receptive to this type of agreement. Samaritan is interested in having the city roll on priority one calls without charge to Samaritan but would be willing to pay the $150 if a fire fighter is taken out of service. Mr.Chapman readthe following intothe minutes:Whereas this Council has stated approximately 3 years 'agothatupon Samaritan Hospital taking overthe ambulance serviceand their crews occupying the new vx main fire station, the City of Moses Lake Fire Department would no longer provide medical aid assistance inconjunction with ambulance calls.Whereas,Samaritan Hospital,since occupying the main station, and having knowledge that the city was going to discontinue aid call assistance has presented a proposal for continuance that the Council has not agreed to. The Council has countered with an acceptable proposal from the city but as to date has had no response.Whereas Samaritan states that they need our firemen for assistance because they have cut their response crews from three each down to two each.They also state that their paramedic trained crews are more qualifiedthan our EMTs.Therefore,Isuggest that they call in their personnel for backup services.Whereas it would appear inappropriate for the city of Moses Lake to subsidize a,as stated by Samaritan,profit making venture by another taxing district without compensation for the City of Moses Lake taxpayers. Action Taken:Mr.Chapman moved that the Fire Department be instructed to cease medical aid response calls in conjunction with ambulance calls beginning January 1,1998,including priority one medical calls, but continue to respond to entrapment calls and mutual aid agreement disaster calls,seconded by Mr. Reese. Dr.Covey wanted to know if the city and hospital are at an impasse. Joseph K.Gavinski,City Manager,stated that an agreement has not yet been reached but he did not feel an impasse had been reached.He stated that the city has made its offer and Samaritan does not feel it is appropriate and is maintaining its position.Samaritan Hospital is fairly committed to a tiered response with the use of city personnel on priority one calls. There was some discussion by the Council. Dr.Covey felt that additional time should be given to the city and the hospital to try to come to an agreement. Action Taken:Dr.Covey moved that the motion be amended to change the date to January 15,1998, seconded by Mr.Reese. Mr.Rimple felt that placing a time limit on obtaining an agreement with the hospital will hinder the effectiveness of the City Manager in negotiating a settlement of this issue.He would prefer to see the issue tabled until the City Manager can report on any progress or lack of progress towards a solution of the issue. Mr.Pearce also felt that negotiations should be allowed to continue for awhile before a time limit is established. 0 1139 <lisle }Q51 5312 CITY COUNCIL MINUTES:6 The motion to amend was passed with Mr.Pearce and Mr.Rimple opposed. The amended motion passed with Mr.Pearce and Mr.Rimple opposed. WATER SERVICE -PORT Joseph K.Gavinski,City Manager,distributed a letter from the Port of Moses Lake which indicated that U. S. KDK has requested additional water service from the city.The city is investigating the request at this time. CENTRAL DRIVE Joseph K.Gavinski,City Manager,reminded the Council that bonds were issued for the construction of Central Drive prior to final costs being known. The project was budgeted at $1,922,177 and the final cost was $1,842,082. SALES TAX/TRANSIENT RENTAL INCOME Joseph K. Gavinski, City Manager,stated that the city will receive $295,798.41 in sales tax receipts and $15,634.47 in transient rental income in December 1997. The regular meeting was recessed at 9:35 p.m. and the Council met in an executive session to discuss laborrelations and personnel matters.The executive meeting was adjourned at 10:15 p.m. and the regular meeting was reconvened.The regular meeting was recessed at 10:15 p.m. and continued to December 31,1997 at 2 p.m. ATTEST: OLtJu Finance Director December 23,1997 n n n u ^J BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE DESERT OASIS FINAL PLAT DESERT OASIS FINAL PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION LJ 1.HEARING BEFORE THE PLANNING COMMISSION. 1.1 Date. A public meeting was held upon proper notice before the Commission on December 11, 1997.,<i 1.2 Proponent.Jerry Baysinger is the proponent of this plat. 1.3 Purpose.The proponent has submitted a plat for property which is legally described upon the plat. City staff has confirmed the property described on the platis the property submitted for platting. 1.4 Evidence.The Commission considered the following materials in reaching its decision: A.The submitted plat. B.Written comments from various parties. 2.FINDINGS OF FACT BY THE PLANNING COMMISSION. Based upon the evidence presented to them,the Commission makes the following findings of fact: 2.1 The proponent is the owner of the property. 2.2 The property is currently zoned R-3, Multi-family Residential. 2.3 The required second access will mitigate possible access problems. 2.4 The development is consistent with uses in the area. 2.5 The development is consistent with the Comprehensive Plan. 3.CONCLUSIONS BY THE PLANNING COMMISSION. From the foregoing findings of fact the Commission makes the following conclusions: 3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom mend to the City Council the advisability of approving a plat. 3.2 The plat is properly before the Commission for its recommendation. 3.3 Itis proper at this time for the Planning Commission to make a recommendation on this plat. 3.4 It is in the best interests and welfare of the city's citizens to plat the property as proposed. 4.RECOMMENDATION OF THE PLANNING COMMISSION. On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that the plat be approved. 5.FURTHER HEARING BEFORE THE CITY COUNCIL. 5.1 Date. A public meeting was held upon proper notice before the Council on December 23, 1997. 5.2 Proponent.Jerry Baysinger is the proponent of this plat. 5.3 Purpose.The proponent has submitted a final plat for property legally described upon the plat. City staff has confirmed the property described on the plat is the property submitted for platting. 5.4 Evidence.The Council considered the following materials in reaching its decision: A.The submitted plat. B.Testimony from the proponent. 'V .G"Written comments from various parties: 6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL. No further evidence was presented to the City Council.The City Council adopts those findings of fact made previously by the Planning Commission as its own. 7.FURTHER CONCLUSIONS BY THE CITY COUNCIL.f + ,'From the foregoing findings of fact the Council makes the following conclusions: 7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on a final plat. 7.2 The plat,is properly before the Council for its decision. 7.3 It is proper at this time forthe City Council to make a decision on this final plat. 8.DECISION. The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission and approves the final plat. Dated:December 24,1997 r^ r\