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1997 09 095273 MOSES LAKE CITY COUNCIL September 9,1997 Council Present:Daryl Jackson,Wayne Rimple,Ron Covey,Grant Nichols,Bill Reese,Richard Pearce, and Bob Chapman vllNUTES:Dr.Covey moved that the minutes of the August 26 meeting be approved as amended, seconded by Mr.Nichols,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Reese moved thatthe bills,checks, and prepaid claims issued be approved,seconded Dy Mr.Rimple,and passed unanimously. Vouchersaudited andcertified bythe Finance Director as required byRCW42.24.080,andthose expense reimbursement claims certified as required byRCW42.24.090,havebeen recorded ona listing which has seen made available to the City Council. Claims:The vouchersincluded onthe below list as modified bythe Council and noteduponsaid list for the Council meeting of September 9,1997 for the funds listed below are approved in the amount of S958.912.88. GENERAL FUND $244,019.50 STREET 8,324.81 STREET REPR/RECON 190,835.55 STREET IMPROVEMENT 42,689.78 ARK &REC IMPROVEMENT 55,267.78 CENTRAL DRIVE LID 86,593.42 WATER/SEWER FUND 32,713.44 WATER/SEWER CONSTRUCTION 81,844.629 SANITATION FUND 65,699.82 AIRPORT 325.71 UNEMPL COMP INSURANCE 375.00 SELF-INSURANCE 276.00 CENTRAL SERVICES 9,768.75 EQUIP RENTAL-OPERATIONS 16,483.43 BUILD MAINT-OPERATIONS 120,333.20 M L YOUTH PARTNERSHIP TF 3,362.07 TOTAL $958,912.88 'repaid 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 recordedon a listing which has been made available to the City Council.The claims listed below areapproved in the amount of $28,867.18 forall funds. GENERAL FUND PATHS &TRAILS $1,035.00 WATER/SEWER FUND 26,361.16 TOTAL 1,471.02 $28,867.18 Claims Checks:Checks 13490 through 13803 issued on August 27,1997 were approved for payment at the Council meeting held on September 9, 1997 in the total amount of $565,737.58. 'avroll:The payroll issued on August 29,1997 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 54541 through 54557 in the amount of $9,026.19. 'avroll:The payroll issued on September 5,1997 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 54558 through 54808 in the amount of $244,574.77. PROCLAMATION The proclamation declaring September 17-23,1997 as Constitution Week was read in its entirety. I.CITIZEN INPUT -None II.PRESENTATIONS 3arks and Recreation Department:Dean McPherson has been promoted to Parks Maintenance Worker. CONSENT AGENDA //3^ Resolution -Accept Street &Utility Improvements -Sage Bay #8 Plat:A resolution was presented which /J2l/ ;accepts street and utility improvements in the Sage Bay #8 Plat. Accept Work -Well 7 Sealing and Pump House:Irrigators,Inc.has completed the work on the Well 7 P^ Sealing and Pump House Project.The work should be accepted and the 30 day lien period entered into. Resolution -Accept Donation -Bike Project:A resolution was presented which accepts parts and labor /O^k donated to the Moses Lake Police Department Bike Program from Bob Burress. Resolution -Accept Donation -Safe Streets Program:A resolution was presented which accepts parts /Ol/(s ;and labor donated to the Moses Lake Police Department for the restoration of the Safe Streets vehicle from various business and individuals. 5274 CITY COUNCIL MINUTES:2 September 9, 1997 \0cl(*Resolutions -Accept Donations -Taishin Youth Members/Tsubaki Family:Resolutions were presented which accept a $2,000 donation from the Taishin Youth Members and a $500 donation from the Tsubaki Family. //X (p Johnson Maior Plat -Set Date to Consider:Council should set September 23 as the date to consider the Johnson Major Plat. Action Taken:Mr.Rimple moved thatthe Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ]0q*1UGA Leroy Allison,Grant County Commissioner,stated thatthe county and city have been trying to cometo an agreement on the City of Moses Lake's Interim Urban Growth Area. There has been a greatdeal of public input on this proposed IUGA.He felt that the county and city has come very close to a verbal agreement on the boundaries of the IUGA. /05j>ORDINANCES -ANNEXATION -DNR/EAST OF MOSES LAKE -1ST READING/PUBLIC HEARING Ordinances were presented which provide for the annexation of property east of the city limits and for property owned by the Department of Natural Resources and Crawford Jones located near Kittleson corner and south of I-90. Joseph K. Gavinski, City Manager, distributed copies of the annexation ordinance and a map of the area proposed to be annexed that is owned by the Department of Natural Resources and Crawford Jones near the I-90 and Highway 17 intersection. The public hearing was opened concerning the DNR and Crawford Jones property.There were no comments. Action Taken:Mr.Rimple moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. The ordinance annexing certain property to the City of Moses Lake,Washington,and incorporating the same within the corporate limits of the City of Moses Lake, and which provides for the assumption of existing indebtedness was read by title only. Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr. Pearce,and passed unanimously. An ordinance was presented which provides forthe annexation of property east of the city limits. Mr.Gavinski outlined the proposed annexation. The public hearing was opened concerningthe annexation of property east of Moses Lake. Gene Clasen,11588 Nelson Road,stated that he was opposed to being annexed into the city. George White,2135 Hamilton Road,statedthat using the assessed valuation ofan annexation to include people opposedto the annexation is stretching the law.Hewas opposed to being annexed into the city. Al Willis,2294 Admiral Road, stated that the high valuation of the industrial property in the proposed annexationarea will carry residential and agricultural property ofa lesser valuation.Hefeltthatannexation boundaries should not cross zone lines and each zone should be considered for annexation on its own merits. Harvey Ottmar,4059 Dunn,ownerof property onWheeler, was opposed to having his property insidethe city limits. Bill Rathbone,936 Admiral Road,was opposed to being annexed to the city. Karen Edwards,11230 Nelson Road, was opposed to being included in the annexation.She questioned the legality of the petitions and the method inwhich they were drafted.She did not feel itwas right to include in an annexation property owners who had not agreed to it simply because there was enough assessed valuation to do so.She pointed out that annexing this property would reduce the county's income by one third. ActionTaken:Mr.Rimple moved that the public hearingbe closed,seconded by Mr.Pearce, and passed unanimously. n n r\ u ^J KJ 5275 CITY COUNCIL MINUTES:3 September 9,1997 Letters were read from Darald &Virginia Welch and Dale Walkerrequesting thattheir property be included in the proposed annexation. Mr.Rimple requested an executive session to discuss litigation with regard tothe comments from Leroy Allison. The regular meeting was recessed at 7:50 p.m.and the Council met in an executive session to discuss litigation.The executive session wasadjourned at 8:10 p.m.and theCouncil meeting was reconvened. The ordinance annexing certain property totheeastofthe City of Moses Lake tothe City of Moses Lake, Washington and incorporating the same within the corporate limits of the City of Moses Lake,and which provides for the assumption of existing indebtedness was read by title only. Dr.Covey stated that a tentative agreement has been reached between the city and the county on the city's proposed IUGA.The details still have to be worked out and a formal agreement signed by the city and county. Action Taken:Dr.Covey moved thataction onthe annexation ordinance be postponed,seconded by Mr. Reese,and passed unanimously. PAC WEST MANAGEMENT.INC.-UTILITY EXTENSION AGREEMENT Pac West Management requested that the Extra Territorial Utility Extension Agreement between the City of Moses Lakeand Northwest Properties,Inc.be reassignedto PacWest Management.This agreement covers 3.88 acres between Arlene Lane, Owen Road, and Highway 17. Pac West is also requesting that the agreement be extendedto coveran additional 11 acres adjacent tothis property. Mr.Jackson wanted to know if this area is within the proposed IUGA. Joseph K.Gavinski,City Manager,statedthatitis within the currently proposed IUGA. Gary Harer,Municipal Services Director,stated that the city has sufficient water and sewer capacity for this project.The water and sewer lines will haveto be constructed to city standards. There was some discussion by the Council. Action Taken:Mr.Chapman moved the request for the assignment of the Extra Territorial Utility Agreement for the 3.88acresbe approved andthe request for water andsewer service for an additional 11 acres also be approved and that the extension of city water and sewer be covered under one Extra Territorial Utility Agreement,seconded by Mr.Rimple, and passed unanimously. MOSES LAKE SCHOOL DISTRICT PROPERTY -ICE RINK The Moses Lake School District has indicated they would be willing to sign a 100 year lease with the city forthe "triangle"piece of property located on the east side of Frontier forthe city's ice rinkcomplex. Steve Chestnut,School District Superintendent,stated that itis feltthat an ice rinkat Frontier will be asset for the school district. Stroud Kunkle,Moses Lake School Board, pointed out the area proposed for the ice rink. It was felt that this location would be appropriate as it is away from residential areas and close to parking. P. J.DeBenedetti,School District, pointed out that the ice rink will utilize an area that is currently not used much in the winter.Also if the ice rink is placed on a concrete slab,that slab could be used during the summer. Joseph K.Gavinski,City Manager, pointed out that there is a couple of sites the Council has to look at for the placement of the ice rink. There was some discussion by the Council and no action was taken. PORT OF MOSES LAKE -INDUSTRIAL WASTEWATER TREATMENT PLANT MAnderson,Industrial Development Manager,Port of Moses Lake,stated that the Port is proposing a partnership between the county,the City of Moses Lake, and the Portto construct an industrial wastewater treatment plant.At the present timethe Moses Lake area is at a disadvantage because ofthe problem wth TDS inthis region.An industrial wastewater treatment plant will helpsolve this problem.There is a lotof industrial interestin Moses Lake butthere is a lackof capacity.A task force was assembled to study the problem.The Department of Ecology is interested in land application for wastewater discharge. To use the land application method a farm and supplemental water is needed.The Port has a 100 acre arm with an 80 foot producing well.It is proposed to install a water main around the airport,about 5 niles,a ponding system to store water in the winter,and sprinkle irrigate crops in the summer. A 30 million gallon pond will haveto be constructed for winter storage andbecauseitis closeto the airport it will have to be covered to prevent attracting birds.The cost would be about $4,000,000 over a three to our year period.The first item would be an engineering report,which will cost about $75,000. //6?£> ///d /oso \m m° 5276 CITY COUNCIL MINUTES:4 September 9,1997 Dave Bailey,Port of Moses Lake,stated that they are in the process of hiring an engineer to help with this project.He mentioned that any development,including this industrial wastewater treatment facility,will have to be approved by the FAA. Dr.Coveywantedto knowthe county's reaction to this proposal. Mr.Anderson stated thatthe Commissioners were in favor of this proposal.The Commissioners are considering using a new law thatallows for distressed counties to apply for a refund ofstatesalestaxof 4/100 of 1%.That would come to about $325,000 a year for 25 years.Those funds would haveto be dedicated to economic development.(~\ There was some discussion by the Council and no action was taken. VI.ORDINANCES AND RESOLUTIONS COMMUNITY STANDARDS -BST STREETS Information previously submitted tothe Council concerning BSTstreetswas again presented. There was some discussion by the Council.No action was taken. lO[>7 RESOLUTION -VACATE PORTION OF KITTLESON ROAD A resolution was presented which initiates the procedure to vacatea portion of Kittleson Road.North Central Construction and Fluke Capital and Management Services Co.believe this portion of Kittleson Road to be private roadway.The vacation of the portion of Kittleson Road believed to be private will preventany confusion in the future overthe status of the roadway. The resolution initiating the procedure for vacating right-of-way dedicated for the development ofa portion of Kittleson Road was read by title only. Mr.Chapman stated that previously he was concerned about the elimination of a second access to Clover Drive if Kittleson Roadwere vacated.Sincethe lastmeeting he learned thatmostofthe property isowned by North Central Construction, which has requested the vacation. Dr.Covey stated that he was concerned that there is nothing to take the place of Kittleson Road in this '' area. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the resolution be adopted with the stipulation that the property owner be required to uncover the manholes,etc,seconded by Mr.Chapman, and passed with Dr.Covey opposed. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS QUICKSILVER ONLINE SERVICE -INCIDENTAL SIGN IN RIGHT-OF-WAY Ed Baxter of Quicksilver Online Service has requested permission to place a 24" x 28"incidental sign in sidewalk right-of-way at 211 S. Division.The Planning Commission recommended that the request be denied. Action Taken:Mr.Chapman moved that the request to place a sign on city right-of-way be approved, seconded by Mr. Nichols. Mr.Pearce stated that he is not in favor of signs on sidewalks. Mr.Reese was also opposed to having signs on the sidewalk.^-> The motion passed with Mr.Pearce and Mr.Reese opposed. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION r ;Cf'VALLEY ROAD -VARIANCE TO COMMUNITY STANDARDS The City Engineer has requested a variance tothe Community Standards for installing sidewalk,curb,and gutter along the north side ofValley Road as part of the 1998 Valley Road Reconstruction Project.The reason for the variance isthesteep hillside along this sideofValley Road and the desire ofGrant County notto have sidewalk,curb,and gutter onthe north side of their portion of Valley Road. KJ 5277 CITY COUNCIL MINUTES:5 September 9,1997 Gary Harer,Municipal Services Director,stated thatthis isa joint project between the city andthe county. The city portion will be from Airway Drive to approximately Ottmar Road.The county's portion is from Ottmar Roadtothe end ofthe project.The countydoes notwantto haveto pay for sidewalkontheirside of the roadand on the hill itwould add cost to the projectto cut the hill back to allow fora sidewalk. He felt that curb and gutter should be installed. There was some discussion by the Council and it was the consensus that curb and gutter should be installed on the north side of the city's portion of the project. Action Taken:Mr.Pearcemovedthata variance be granted in orderto eliminate construction of sidewalk on the north side of the Valley Road project,seconded by Mr.Nichols,and passed unanimously. NOTICE OF INTENT TO ANNEX -HALL Lowell Hall has submitted a Notice of Intent to Commence Annexation Proceedings for property located on Stratford Road north of Maple Drive. Joseph K.Gavinski,City Manager,stated that the only thing the Council will do at this time isto receipt in this request and forward ittothe Planning Commission for a recommendation.He pointed outthat the property is not inside any proposed IUGA and is not presently contiguous tothe city's limits. James.A.Whitaker,City Attorney,statedthatthe County Commissioners areallowing this manufactured home park to continue in operation while itattempts to resolve its on-site sewer problems.One solution to that problem isto annextothe City of Moses Lake and receive city sewer service. Action Taken:Mr.Rimple movedthatthe Notice of Intent be receipted andthe requestbe referred tothe Planning Commission,seconded by Mr.Reese, and passed unanimously. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS INVESTMENT REPORT Joseph K.Gavinski,City Manager,stated that the city received $57,257.55 in investment income for August 1997. The regular meeting was recessed at 10 p.m. and the Council met inan executive session to discuss real estate matters.The executive session was adjourned at 10:15 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 10:15 p.m. ATTEST: UJdibV Finance Director /o^><£ /003