2000 05 09u
5608
MOSES LAKE CITY COUNCIL
May 9,2000
Council Present:Richard Pearce,Chris Blessing,LarryTracy,Tom Porter,Lee Blackwell, and Ron Covey
MINUTES: Mr.Blackwell moved that the minutes of the April 25 meeting be approved as submitted,
seconded by Dr.Covey,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded
by Mr.Porter, and passed unanimously.
Vouchers audited and certified by the Finance Directoras required by RCW42.24.080,and those expense
reimbursement claims certified as required by RCW42.24.090,have been recorded on a listingwhich 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 forthe
Councilmeeting of April 25,2000 forthe funds listed below are approved inthe amount of $533,266.04.
GENERAL FUND
STREET
STREET IMPROVEMENT
PARK &REC IMPROVEMENT
WATER/SEWER FUND
1996 BOND REDEMPT.FUND
WATER/SEWER CONSTRUCTION
SANITATION FUND
Prepaid Claims: Prepaid claims approved by the City Manager according tothe processestablished by Moses
Lake MunicipalCode 3.42.030 and the internalcontrol policy approved by theCityCouncil has been recorded
on a listing which has been made available to the City Council.The claims listed below are approved in the
amount of$4,993.27 for all funds.
$60,843.83 AIRPORT 44.55
8,125.89 SELF INSURANCE 5,004.53
4,767.13 CENTRAL SERVICES 9,963.95
211,339.20 EQUIPMENT RENTAL 21,200.02
26,384.26 BUILDING MAINTENANCE 7,984.34
69.15 M L YOUTH PARTNERSHIP TF 525.00
76,463.12 TOTAL $533,266.04
92,551.07
GENERAL FUND $4,452.27 WATER/SEWER 385.94
STREET IMPROVEMENT 45.56 EQUIPMENT RENTAL 109.50
TOTAL $4,993.27
{^J Claim Checks:Checks 4404 through 4596 issued on April 24 through May 3,2000 were approved for
payment at the Council meeting held on May 9,2000 in the total amount of$806,802.46.
Payroll:The payrollissued on April28,2000 having been approved pursuant to the ruleof the City Council
set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 14457 through 14620 inthe amount
of$56,869.01.
Payroll:The payroll issued on April 28,2000 having been approved pursuant to the ruleof the CityCouncil
set forthin Moses Lake Municipal Code 3.42.040,was paid by checks 14621 through 14626 in the amount
of$1,014.38.
COUNCIL AWARD
Mayor Pearce presented a plaque to former Councilman Wayne Rimple for his 28 years of service to the /OO J
city.
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA
Apply for Grant -Traffic Safety Commission:The Police Department requested authorization to apply for a //?/?
grant from the Washington State Traffic Safety Commission forthe purchase of a TVA/CR combination
which will be used for presentations and training.
Resolution -Coffin Annexation:Aresolution was presented which initiates the procedure for annexing /Od <P
property owned by Kenneth and Ruth Coffin located in Section 9 and which is surrounded on three sides
by property already annexed into the city.
Resolution -Accept Donation -International Little League and Moses Lake Youth:A resolution was /&'&
presented which accepts a donation of $2,644 fromthe International Little League and Moses Lake Youth
to be used to establish a memorial at Larson Playfield to honor those who have contributed to youth
baseball.
ActionTaken:Mr.Blackwell moved that the Consent Agenda be approved,seconded by Mr.Porter,and
passed unanimously.
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CITY COUNCIL MINUTES:2 May 9,2000
IV.CONSIDERATION OF BIDS
fj '-]YONEZAWA BOULEVARD/CLOVER DRIVE
The lowbidfor the constructionof Yonezawa Boulevard was presented by Eller Corporation.The base bid
includesYonezawa Boulevard,the signal atYonezawa and Highway 17,two roundabouts onYonezawa and
a roundaboutatYonezawa and Division.Option1isthe repair of some ofthe sewers inthe Montlake area.
Option 2was recently addedtothe project and includes Clover Drive.Becauseofthe on-going discussions
with the property ownerson Clover Drive,staffrecommendedthatthe base bid and option 1be awarded
to Eller Corporation and the bidon option2 be awardedafterthe right-of-way questions are settled./""\
Action Taken:Dr.Covey movedthatthe base bid and option 1beawardedto Eller Corporation,seconded
by Mr.Porter,and passed unanimously.
Joseph K.Gavinski,City Manager,statedthatabidwas receivedbythe cityabout 10seconds afterthetime
for the bidopening. Those biddocuments were notaccepted.
Gerry McFaul,City Engineer,statedthatthe property ownersalong Clover Drive are in agreementwith the
construction ofthe streetto citystandards.Part ofthe developmentof Clover Drive isa new alignment of
the road with Pioneer Way. After the new right-of-way is granted and the new road constructed, the
Department ofTransportation mayturn backtheunusedright-of-way tothe city.The property ownerswould
like some confirmation thattheunused right-of-way would be returned tothem in exchange for the right-of-
way that must be dedicated forthe new alignment.
Mr.Blessingmentionedthathe has aclientwithan interestinthis property butdidnotfeelitwouldinfluence
his decision.
Phil Bloom,Columbia NorthwestEngineering,representing the property ownersonCloverDrive,statedthat
the property owners,inexchange for the dedication ofneeded right-of-way for the new alignment of Clover
Drive,would like to receive the right-of-way that may be returned to the city by the Department of
Transportation and the unused portion of Clover Drive withoutpayingany compensation.
Mr.Tracyfeltthatsome ofthe property ownerswouldbe receivingconsiderablebenefitand perhapsthe city
should receive some compensation for the property that is vacated.
jooi
There was some discussion by the Council.
ActionTaken:Mr.Portermoved that option2 be awarded to Eller Corporation providedthe right-of-way for
the new alignment of Clover Drive is obtained by the city,seconded by Mr.Blackwell, and passed
unanimously.
There was some discussion by the Council on whetheror not the city should be compensated forthe right-
of-way that may be returned to the adjoining property owners and itwas determined to further discuss the
issue ifand when the Department ofTransportation returns the unused right-of-way to the city.
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
BOYS AND GIRLS CLUB -MCCOSH PARK/PENINSULA PARK SUMMER PROGRAM
x.a The Boys and GirlsClub operated a summer meals and recreation program at McCosh Park in the summer
la of 1999whichwas partially fundedbythe city.In 2000the Clubwill fund the program at McCoshParkand
is looking to expand the program to the Peninsula area.The Club requested funds from the city to expand
the program in the Peninsula area.
Joseph K.Gavinski,City Manager,stated that the city did fund the recreation portion of this program last
year and found that the recreation usage was not significant.Most ofthe use was the meal program.
There was some discussion by the Council and it was pointed out that the program is for three hours and
involves 3 people on a part time basis.
Jerry Thaut,Parks and Recreation Director,stated that there were usually between 6 and 12 children that
stayed for the recreation part of the program.
Dr.Covey felt thatthe funds could be spentina betterway since there are so few people participating in the
recreation part ofthe program.
Mr.Tracy wanted to know what other uses the city would have for these funds.
Mr.Gavinski stated that there is a need for playground equipment in many of the parks
Action Taken:Mr.Tracy moved that the program be continued for one more year at the new site on the
Peninsula,seconded by Mr.Blessing,and passed with Dr.Covey opposed.
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CITY COUNCIL MINUTES:3 May 9,2000
SENIOR OPPORTUNITY AND SERVICES -REQUEST FOR FUNDS
The Moses Lake Senior Opportunity and Services requested funds from thecity to purchase a newwalk-in
freezer.The Senior Center operates the nutrition congregate and home delivered meals in the area.Itis
estimated that in 2000 the Senior Center will serve 38,000 congregate meals and 36,000 home delivered
meals.The Center is receiving more frozen food than there is room to keep it and an additional freezer
would help relieve the problem and reduce food costs.
Joseph K.Gavinski,City Manager,stated that at the retreat the Council had discussed increasing the
,existing recreationalcontract with the Senior Center by $4,000 to afford them some additionalfunding for
\-J their programs.
Action Taken:Mr.Tracy moved that the contract for recreational services with Senior Opportunity and
Services be increased by $4,000 for one year,seconded by Mr.Blackwell,and passed unanimously.
MOSES POINTE
Moses Pointe requested time before the Council todiscuss the Moses Pointe project.JDSY
Joseph K.Gavinski,City Manager,gave some background on the project and indicated that city staff and
the developers have been discussing the requested changes to Exhibit E of the Extra Territorial Utility
Agreement.He also distributed a history of the project, which was started in 1992.Draft copies of Exhibit
Eweredistributed to the Council. He stated that there are still some differences ofopinion between thecity
and the Moses Pointe developers.He mentioned that vesting for this project is not an issue since the
property has been included within the city's Urban Growth Area.He mentioned that the main areas of
contention between the developers and the city are the water rights,the well, and the reservoir -when and
how they get done and whether or not there is any security provided for them.The developers main
objection with the city's draft is the requirement to provide security for the well and reservoir.
Mike Moore,Moses Pointe,stated that it was their intent to come to this meeting to seek resolution on the
issue ofthe water rights,the well,and the reservoir.Thedirectionfromthe Councilback in September 1999
was forstaff to work with the developer to complete the projectand still protectthe city's interest. In 1995
the city agreed to provide water and sewer to the project and an Extra Territorial Utility Agreement was
signed.In that agreement it stated that changes may be needed and Exhibit E would be amended as
required. He felt that their changes to Exhibit E provide for a logical fashion for the installation of
infrastructurethat would not putthe city at risk asthe only infrastructure installedwould be for homes under
t )construction.He pointed outthatthe golfcoursehasbeen finished andwhenthe project iscompleteditwill
^^provide 200 full time jobs.He felt that Exhibit Eas drafted by the developers protects the city and meets
the intent of the original Exhibit E.
Terry Brewer,GrantCounty Economic Development Council,spoke in favorof the projectas itwill have a
positive impact on the community.
Scott Wagner,Moses Pointe,went over the differences between the originalExhibit E and the two drafts.
DennisReynolds, attorney forMoses Pointe,pointedoutthatthere isno disagreement between the cityand
Moses Pointeon the transferofthe water rights.Healso pointedoutthat since the property is inthe UGA
the city has a legalobligationto providewater and sewer.The discussions being held are on the terms and
conditions for the provision ofthose services.
Bob Fancher, developer, feltthat the proposal from Moses Pointe is fair.He pointed out that the citywould
receive over $5,000,000 worthofinfrastructureand feltthatthe citywould be placing an undue hardshipon
the developer by asking forsecurity on futureinfrastructure. He feltthat the projectis a good development
for the city.
Duane Jenks,contractor on the project,also felt that the proposals from Moses Pointe are fair and
reasonable.
Kelly DeShaw,golf proat Moses Pointe,mentioned that the golf course is onethat the city can be proud of
and willbring people into the community.
Ralph Kincaid,Windemere Real Estate,encouraged the Counciltowork with Moses Pointe as itis a quality
I)developmentand uniqueinEastern Washington.
Ed Buckland,golf pro,stated that the golf course developed by Moses Pointe is very good and the land
around it needs to be developed.
Mr.Gavinski mentioned that the city and Moses Pointe are not that far apart on the unresolved issues.
Gary Harer, Municipal Services Director, pointed out that the streets are proposed to be private except for
Westshore and that means there would be public utilities in private streets.Ifthe streets are private,the
utilities should be private.The other issue is the existing well.The well is 208'deep and was drilled in the
1950sand has only a 12"casing for 160'.Itis not in the basalt layer soallthewater is from the surface and
is susceptibleto contamination.If there are any problems with the well, itcould not be deepened or drilled
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CITY COUNCIL MINUTES:4 May9, 2000
tothe basalt level. A new wellwould haveto be drilled.Healso pointedoutthatthis projectis2 miles away
fromthe city. This distance creates problemsingetting sewertothe mainlinesand in providing freshwater
to the development.
Aftersome discussion itwas the consensus ofthe Council thatcitystaff meet withMoses Pointeto further
discuss the differences. The Councilagreed to meeton May 16 to again consider this issue.
\\9?»CRITTENDEN MAJOR PLAT -DRIVEWAY VARIANCE
Phil Bloom,Columbia Basin Engineering,requested a variance for a non-standard driveway entrance for /*"\
the east entrance on the Crittenden Major Plat located on Wheeler Road.
Gary G.Harer,Municipal Services Director,stated that two variances would be required - one for the
setbacks from the property lineand one for a non-standardapproachwithcurb returns.
Mr.Bloomstated that itwould be a common driveway even though itis about 10'off the property line.
Common driveway easementswill be filed withthe plat.It has been indicated thatthe next driveway access
would be across from Hamilton Road and there will be no request for driveways inbetween.
ActionTaken:Mr.Blessing moved that the variances be granted,seconded by Dr.Covey, and passed
unanimously.
J0i 7 ORDINANCE -VACATION OF BLANCHET AND PAXSON -1ST READING/PUBLIC HEARING
An ordinance was presented which provides for the vacation of portions of Blanchet Avenue and Paxson
Drive.The ordinance includes a provision for repayment of one half the appraised value of the area
vacated.The Council should consider this requirement in lightof the fact that the property owners will be
required to pay forthe construction of Paxson Drivewhen the land is platted.
The public hearing was opened.
Action Taken:Mr.Blackwell moved that the public hearing be closed,seconded by Dr.Covey,and passed
unanimously.
vV
The ordinance vacating a portion of Blanchet Avenue and Paxson Drive was read by title only.
Action Taken:Dr.Covey moved thatthe first reading oftheordinance be approved and a public hearing be
set for May 23,seconded by Mr.Blackwell, and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND NUISANCES -2ND READING
An ordinance was presented which amends Chapter 8.14 ofthe Moses Lake MunicipalCode dealing with
nuisances.The amendment would delete the word "junk" from section 8.14.030 and included a definition
relating to unsecured,unused,or abandoned buildings.
The ordinance amending Chapter 8.24 of the Moses Lake Municipal Code entitled "Nuisances"was read
by title only.
Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr.
Tracy,and passed unanimously.
-4 ORDINANCE -AMEND MUNICIPAL CODE -2ND READINGS
/iQJ ' Ordinanceswere presented which provideforhousekeeping changes incertainchapters ofthe Moses Lake
Municipal Code.
The ordinance amending Chapter 18.14 of the Moses Lake Municipal Code entitled "RR,Rural Residential
Zone"was read by title only.
Action Taken:Mr Porter moved that the second reading of the ordinance be adopted,seconded by Mr.
Tracy, and passed unanimously.
The ordinance amending Chapter 18.16 of the Moses Lake Municipal Code entitled "R-1,Single Family
Residential Zone"was read by title only.
Action Taken:Mr.Blessing moved that the second reading ofthe ordinance be adopted,seconded by Mr.
Tracy,and passed unanimously.
The ordinance amending Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2,Single Familyand
Two Family Residential Zone"was read by title only.
Action Taken:Mr.Blackwell moved that the second reading ofthe ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
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CITY COUNCIL MINUTES:5 May 9,2000
The ordinance amending Chapter 18.22 of the Moses Lake Municipal Code entitled "R-3,Multi-family
Residential Zone"was read by title only.
Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr.
Tracy, and passed unanimously.
The ordinance amending Chapter 18.24 of the Moses Lake Municipal Code entitled "MH,Mobile Home
Subdivision Zone"was read by title only.
(Action Taken:Dr.Covey moved that the second reading ofthe ordinance beadopted,seconded by Mr.
\~J Blackwell,and passed unanimously.
The ordinanceamending Chapter 18.25 ofthe Moses Lake Municipal Code entitled"R-4,ResidentialZone"
was read by title only.
Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr.
Blessing,and passed unanimously.
The ordinance amending Chapter 18.28 ofthe Moses Lake Municipal Code entitled"C-1,Central Business
District Zone"was read by title only.
Action Taken:Mr.Blessing moved that the second reading of the ordinance be adopted,seconded by Mr.
Blackwell, and passed unanimously.
The ordinance amending Chapter 18.42 of the Moses Lake Municipal Code entitled "L-l,Light Industrial
Zone"was read by title only.
Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr.
Blackwell, and passed unanimously.
The ordinance amending Chapter 18.43 of the Moses Lake MunicipalCode entitled "M-l,Medium Industrial
Zone"was read by title only.
Action Taken:Mr. Porter moved that the second reading of the ordinance be adopted,seconded by Mr.
Blessing,and passed unanimously.
i )The ordinance amending Chapter 18.44 ofthe Moses Lake Municipal Code entitled "H-l,Heavy Industrial
^^^Zone"was read by title only.
Action Taken:Mr.Blessing moved that the second reading of the ordinance be adopted,seconded by Mr.
Porter, and passed unanimously.'
The ordinance amending Chapter 18.48 ofthe Moses Lake Municipal Code entitled "P - Public Zone"was
read by title only.
Action Taken:Mr.Portermoved that the second reading of the ordinance be adopted,seconded by Mr.
Tracy,and passed unanimously.
The ordinance amending Chapter 18.49 of the Moses Lake Municipal Code entitled "Site Plans"was read
by title only.
Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Mr.
Tracy, and passed unanimously.
The ordinance amending Chapter 18.54 ofthe Moses Lake Municipal Code entitled"Off-Street Parkingand
Loading"was read by title only.
Action Taken:Dr.Covey moved that the second reading of the ordinance be adopted,seconded by Mr.
Blessing,and passed unanimously.
The ordinance amending Chapter 18.55 ofthe Moses Lake Municipal Code entitled "Home Occupations"
was read by title only.
Action Taken:Mr.Blessing moved that the second reading ofthe ordinance be adopted,seconded by Mr.
Tracy, and passed unanimously.
The ordinance amending Chapter 18.57 oftheMoses Lake MunicipalCodeentitled "Landscaping"was read
by title only.
Action Taken:Mr.Blessing moved that the second reading of the ordinance be adopted,seconded by Mr.
Porter, and passed unanimously.
The ordinance amending Chapter 18.65 of the Moses Lake Municipal Code entitled "Manufactured Home
Parks"was read by title only.
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CITY COUNCIL MINUTES:6 May 9, 2000
ActionTaken:Mr.Portermoved that the second readingof the ordinance be adopted,seconded by Mr.
Tracy, and passed unanimously.
The ordinanceamendingChapter18.69ofthe Moses LakeMunicipal Code entitled "Non-Conforming Uses"
was read by title only.
ActionTaken:Dr.Covey moved that the second readingof the ordinance be adopted,seconded by Mr.
Porter, and passed unanimously.
The ordinanceamendingChapter18.80ofthe Moses Lake Municipal Code entitled "Hearing Examiner"was /"\
read bytitle only.''
Action Taken:Mr.Porter moved thatthe second reading of the ordinance be adopted, seconded by Mr.
Tracy, and passed unanimously.
The ordinanceamending Chapter 19.03 ofthe Moses Lake Municipal Code entitled"Interim Classification
and Designationof Resource Lands and Critical Areas and Regulations forthe Interim Conservation and
Protection of Resource Lands and Critical Areas" was read by titleonly.
ActionTaken:Mr.Blessing moved thatthe second reading ofthe ordinancebe adopted,seconded by Mr.
Tracy, and passed unanimously.
The ordinance amending Chapter 19.06 ofthe Moses Lake Municipal Code entitled"InterimClassification
and Designation ofWetlands and Regulations forthe InterimConservation and ProtectionofWetlands"was
read by title only.
Action Taken:Mr.Tracy moved that the second reading of the ordinance be adopted,seconded by Mr.
Porter, and passed unanimously.
//fa I ORDINANCE -CREATE CHAPTER 12.10-DRIVEWAY CONSTRUCTION STANDARDS -1STREADING
An ordinance was presented which provides for restricted access on Paxson Drive,Valley Road, Division
Street,Yonezawa Boulevard,and Wheeler Road. A variance procedure has also been included.
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Gary Harer, MunicipalServices Director,explained that this ordinance willhelp control trafficon the named
streets.
There was some discussion by the Council and no action was taken.
Staffwas requested to provide some consideration to residentially zoned property and to further refine the
variance procedure.
ORDINANCE-GAMBLING TAX -1ST READING
An ordinance was presented which amends the gambling tax by reducing the gambling tax on bingo and
raffles to 5%.
The ordinanceamending Chapter3.18 ofthe Moses Lake Municipal Code entitled"Gambling Tax"was read
by title only.
Action Taken:Dr.Covey moved that the firstreading ofthe ordinance be adopted,seconded by Mr.Porter,
and passed unanimously.
RESOLUTION -FIRE DISTRICT#5 ASSETS
A resolution was presented which provides forthe distribution of Fire District #5 assets as they relateto the
Wheeler Road annexation.
Joseph K.Gavinski,City Manager, distributed a draft letter to the Grant County #5 Commissioners which
formally requested them to continue serving this area during the time they are still collecting taxes.He
mentioned that the resolution finds that the city has incurred a substantial increase in its fire fighting
responsibilities as a result ofthe annexation and that there isa corresponding reduction on the partof Grant
County #5.He explained the process that would take place.
Mr.Blessing pointed out that negotiations are proceeding with Grant County #5 and passage of this
resolution may be premature.He mentioned that Grant County #5 is fully aware of the requirements in the
state law.
There was some discussion by the Council on both the resolution and the proposed letter.
Action Taken:Dr.Covey moved that the letter to the Board of Commissioners of Grant County Fire
Protection District#5 bechanged by eliminating allof the firstparagraph except forthe firsttwo sentences,
seconded by Mr. Porter,and passed with Mr.Tracy opposed.
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CITY COUNCIL MINUTES: 7 May 9,2000
The resolution stating the city's finding that the "Wheeler Road"annexation imposes a significant increase
in firesuppression responsibilities forthe City ofMoses Lake pursuant to RCW35.02.202 was read by title
only.
Action Taken:Mr.Blessing moved thatthe resolution be tabled untilthe first meeting in June,seconded by
Mr.Tracy,and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
ORDINANCE -EASEMENT VACATION -MELVA ADDITION #3 -SINGLE READING/PUBLIC HEARING /0/3
An ordinance was presented which provides for the abandonment ofa 10' public utilityeasement located
along the northeast portionof Lot 1,Melva Addition #3, which is located at theJntersection of Wapato Drive
and Interlake Road.The Planning Commission recommended that the easement be abandoned.
The public hearing was opened.
Lonnie Simmons,Affordable Auto Repair,stated that he needs to expand his building due to an increase
in business but cannot expand until this easement is abandoned.
Action Taken:Dr.Covey moved thatthe public hearing be closed,seconded by Mr.Blackwell, and passed
unanimously.
The ordinance abandoning an easement in Melva Addition#3 was read by titleonly.
Action Taken:Dr.Covey moved that an emergency be declared,the ordinance be amended to read "10'
public utility easement"in section 1, and the ordinance be adopted on a single reading,seconded by Mr.
Porter,and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
CRITTENDEN MAJOR PLAT -VARIANCE -WATER MAIN LOCATION
-Phil Bloom,Columbia Northwest Engineering,representing Crittenden Major Plat,has requested avariance
i J to the Community Standards in order to install a water main 7' north of Wheeler Road in a proposed
^-^municipal water line easement.Staffs concern with this proposal is that the water main will be difficult to
maintain since itwill be located on private property.The difficulties include excavating through the private
owner's improvements which may include asphalt, landscaping,irrigation systems,curbing, etc.
Gary G. Harer, Municipal Services Director,stated that staffwould prefer to havethewater line in the street
because of the difficultiesof maintaininga publicwater main on private property.
Mr.Bloom explained the reasons forthe variance request.He pointed out that there are multiple telephone
lines and a sewer line in the existing easement.The water line has to be 10'from the sewer line and that
would require cutting into Wheeler Road. He mentioned that the property owner was required to bore a
water line underWheeler Road about four years ago to service other property ratherthan being allowed to
cut the road.While it is not an ideal solution,the property owner is willingto provide an easement for the
water line on his private property,which eliminate the need to cut into Wheeler Road.
There was some discussion by the Council about repair and/or replacement of asphalt or other
improvements in the easement.It was pointed out that a property owner is responsible for repair or
replacement ofany improvements he installs inan easement iftheventthe city everhasto repair or replace
the utilities.
Joseph K.Gavinski,City Manager,stated that as a matter of policy,because of the public relations issue,
the city generally repairs or replaces any thing it disturbs in the repair or replacement of a water or sewer
main in an easement.In this case,the Council may wish to specifically cite the fact that the repair or
replacement ofwhatever is disturbed in the easement is the responsibility ofthe property owner.
Action Taken:Mr.Blackwell moved that the variance be approved with the stipulation that the property
i)ownerwill be responsible for the repair orreplacementofany improvementinthe easement, seconded by
Dr.Covey,and passed unanimously.
WASTEWATER DIVISION -ADDITIONAL EMPLOYEES
The Public Works Division has requested an additional maintenance crew of two persons to help with the
work load in the Wastewater Division. With the number ofmilesofsewer and waterlines inthe city and the
number ofliftstations,the additional employees are needed to maintain the city's facilities.
Joseph K.Gavinski,City Manager,stated that with the increase in the numberof miles of water and sewer
lines,the additional employees are needed to keep up with the work and to do the routine maintenance that
has been put off due to lack oftime and personnel.
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CITY COUNCIL MINUTES:8 May 9, 2000
Action Taken:Mr.Blackwell moved that the request for two additional employees in the Public Works
Division be approved,seconded by Dr.Covey,and passed unanimously.
X.PUBLIC QUESTIONS AND COMMENTS -None
XI.COUNCIL QUESTIONS AND COMMENTS
COUNCIL ORGANIZATION
Mr.Pearce stated that he has setTuesday,May 16, at 8 p.m. to interview the candidates forthe vacant /*-\
Council position.'
GROWTH MANAGEMENT
Mr.Porterrequested some background onthe situationbetween GrantCounty and the Cityof Moses Lake
as itrelates to lawsuits filed by eitherthe city orGrantCounty.
Joseph K.Gavinski, City Manager,stated that two lawsuits have been filed against the city- one by Grant
County and one by GrantCounty Fire District #5. The city requested, and was granted, a writof reviewon
the request by Grant County #5 forthe Boundary Review Boardto take jurisdiction on the Wheeler Road
annexation.He mentioned that there was a multi-city motion before the Eastern Washington Growth
Management Hearings Board to ask Grant County to move forward with their Comprehensive Plan. He
further stated that the city had sought a writ of review on the Gear annexation when the Grant County
Boundary Review Board attempted to take jurisdiction.The city was also successful inthe action.
Mr.Porter wanted to know if the Wheeler Road annexation area was included in the county's
Comprehensive Plan.
Mr.Gavinski statedthat the area was included in the county's Comprehensive Plan as partof Moses Lake's
UGA. Including property in a UGA allows a city to annex the property. He mentioned that the county had
agreed not to challenge an annexation without talking to the city about it first.He mentioned that the
remaining law suit is the one filed by Grant County,which the city thought would be dropped after the
revenue sharing agreement was signed.
Mr.Porter stated that, in response to the newspaperarticle and the comments from Leroy Allison,the city
has only filedlaw suits in response to other issues and have not filedany against Grant County.He pointed
out that the only lawsuit stillpending is the one filedby Grant County againstthe city.The concernsthe city
has with the county's Comp Plan have been submitted to the Eastern Washington Growth Management
Hearings Board and is not a law suit.
XII.CITY MANAGER REPORTS AND COMMENTS
NORTHLAND CABLE
Joseph K.Gavinski,City Manager,stated that the city held a public meeting to gather citizen input on the
Northland Cable franchise. He requested direction from the Council on how to proceed with this issue.
There was some discussion by the Council and it was pointed out that there was not much attendance at
that public meeting,even though it was well publicized.
Barry Mangan,manager of Northland Cable,stated that he is looking at some channel changes due to
competition and to obtain more subscribers.He stated that they are looking into accessing the Internet.
Action Taken:Mr.Blackwell moved thatstaffbedirected to proceedwith preparing a report on the Northland
Cable franchise,seconded by Mr.Tracy,and passed unanimously.
J03bA BU'LDING ACTIVITY REPORT
Joseph K.Gavinski,City Manager,distributed the building activity report for April 2000
-695 UPDATE
Joseph K.Gavinski,City Manager,distributed information from AWC on legislative relief because ofI-695.
The $154,203 the city willreceive is fora 15 month period. This is about 35% of what the city would have
received if I-695 had not passed.
n
n
li)0$INVESTMENT REPORT
Joseph K.Gavinski,City Manager, reported that the city received $52,738.48 in interest income for March
2000.
SALES TAX/TRANSIENT RENTAL INCOME
1(5$&Joseph K.Gavinski,City Manager,reported that the city received $234,284.42 in sales tax income and
1 $16,439.52 in transient rental income for March 2000.
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CITY COUNCIL MINUTES:9
PALMS UP COMMITTEE
5616
May 9,2000
Joseph K.Gavinski,CityManager,stated thatthe city continues to receive lettersonthe proposed palmtree
theme for Moses Lake and requested Council direction.
Therewassome discussion and itwasthe consensusofthe Council thatthe city take no action at this time.
TIME CAPSULE CONTENTS
Joseph K.Gavinski,CityManager,distributeda listofitems thatwas placedwithinthe time capsule thatwas
buried in Sinkiuse Square.
The regular meeting was adjourned at 11:30 p.m.
/O/S
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ATTEST:Mayor
,Ls>~e-~
nnance Director