2000 06 275628
MOSES LAKE CITY COUNCIL
June 27,2000
Council Present: Richard Pearce,Chris Blessing,LarryTracy,Tom Porter,Lee Blackwell, Ron Covey,and
Brent Reese
MINUTES: Mr.Blackwell moved that the minutes of the June 13 meeting be approved,seconded by Dr.
Covey,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
^Action Taken:Dr.Covey moved thatthe bills,checks, and prepaid claimsissued be approved,seconded
V_y by Mr.Blackwell,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 listas modified by the Counciland noted upon said listforthe
Council meeting of June 27,2000 forthe funds listed below are approved inthe amount of $2,222,159.74.
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GENERAL FUND $59,555.97
STREET 35,133.88
STREET REPAIR &RECON 271.66
EQUIPMENT LEASES 674.30
PWTF LOAN -STRATFORD RD 41,048.37
CRESTVIEW LID #57 5,544.91
CENTRAL DRIVE LID#58 1,181.250.00
STREET IMPROVEMENT 3,673.70
PARK &REC IMPROVEMENT 15.80
WATER/SEWER 50,637.45
1992 BOND FUND 498,971.25
WATER/SEWER CONSTRUCTION 3,501.42
WATER/SEWER LEASES 1,829.43
PWTF W/S D/S 245,450.51
SANITATION FUND 7,858.64
AIRPORT 312.00
CENTRAL SERVICES 11,517.37
EQUIPMENT RENTAL 34,975.01
BUILDING MAINTENANCE 30,966.39
M. L YOUTH PARTNERSHIP TF 362.00
LID #56 465.50
LONG TERM DEBT ACCT GROUP 8,144.18
TOTAL $2,222,159.74
Prepaid Claims:Prepaid claims approved by the City Manageraccordingto the process established by
Moses Lake Municipal Code 3.42.030 andthe internal control policy approved bythe CityCouncil has been
recordedon a listing which has been made availableto the City Council.The claims listed beloware ap
proved inthe amount of $18,915.66 for all funds.
GENERAL FUND
STREET FUND
STREET IMPROVEMENT
WATER/SEWER FUND
$5,017.38 CENTRAL SERVICES
4,535.47 EQUIPMENT RENTAL
83.77 BUILDING MAINTENANCE
5,760.67 TOTAL
3,112.78
289.78
115.81
$18,915.66
Claim Checks: Checks 5028 through 5280 issued on June 14throughJune 23, 2000 were approved for
paymentatthe Council meetingheldon June 27,2000 in the total amountof $866,520.63.
Payroll:The payroll issuedonJune23,2000 having beenapproved pursuant tothe rule oftheCity Council
setforth inMoses Lake Municipal Code 3.42.040,was paid by checks 15337through 15605 inthe amount
of$79,088.48.
II.EMPLOYEE PRESENTATIONS -None
III.CONSENT AGENDA
AcceptWork -1999 Sidewalk Proiect:HardenConstructionhas completed the 1999 Sidewalk Project.The
work should be accepted and the 30 day lien periodentered into.
Accept Work -1999 Traffic Signal Proiect:Aztech Electrichas completed the 1999 Traffic Signal Project.
The work should be accepted and the 30 day lien period entered into.
Fireworks:Discount Display requested permission to sell fireworks at 1102W.Broadway andthe Moses
Lake High School Booster Club requested permission tosell fireworks at711 N.Stratford Road and 601 S.
PioneerWay.
Resolution -Accept Donation- Riahtmire:A resolution was presented which accepts a $90 donation from
the friends and family of Frank Rightmire which istobeusedtowards the Larson Youth Baseball Memorial.
Resolution -Accept Donation -Columbia Basin Job Corps: A resolution was presented which accepts the
donation of labor by painting the Moses Lake Police Firing Range mobile home.
ActionTaken:Mr.Porter moved that the Consent Agenda be approved,seconded by Mr.Blackwell,and
passed unanimously.
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CITY COUNCIL MINUTES:2 June 27,2000
IV.CONSIDERATION OF BIDS
2000 OVERLAY PROJECT
The bids for the 2000 Overlay Project were received and the staff recommended that the bid be awarded
to Basin Asphalt.
Action Taken:Mr.Tracy moved that the bid for the 2000 Overlay Project be awarded to Basin Asphalt,
seconded by Mr.Blessing,and passed unanimously.
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
f ASPI COMMERCE PARK -ANNEXATION
ASPI Group has requested the annexation of approximately 11 acres of property located on Patton
Boulevard north of Harris Road.Also included in this annexation request is Lots 1-12,Commercial Block
No. 1 of Gateway Estates located along Patton Boulevard south of Harris Road.
Joseph K.Gavinski,City Manager,stated that the Council is being asked to considerthe Notice ofIntent to
Annexand the Petitionat the samemeeting.The reason forthis isto expedite theannexation at the request
ofthe property owners.He pointed out that all property owners have requested the annexation to the city.
There was some discussion by the Council on the annexation process.
Action Taken:Dr.Covey movedthat the Notices of Intentto Commence Annexation Proceedings fromASPI
Group and Joseph R.Fisher/Darel Olson be receipted,seconded by Mr.Tracy,and passed unanimously.
Action Taken:Mr.Blackwell movedthatthe city acceptthe proposed annexation represented by the Notices
of Intent to Commence Annexation Proceedings presented by ASPI Group and Joseph R. Fisher/Darel
Olson,seconded by Mr.Reese,and passed unanimously.
Action Taken:Dr.Covey moved that the Petitions forAnnexation from MiniUchida and the ASPI Group be
receipted and the property be assessed and taxed at the same rate and on the same basis asother property
within the City of Moses Lake is assessed and taxed,there is no existing voted approved bonded
indebtedness to be repaid, and no excess property tax levy to be assessed,the area will be zoned as
determined by the City Council at a regular meeting,and the proposed annexation be forwarded to the
Planning Commission,seconded by Mr.Blackwell, and passed unanimously.
)QSU three ponds project
The DepartmentofTransportation has submitted a final design forthe Three PondsWetland Bank program.
City staff and the Japanese Garden Committee have reviewed the final design and no changes were
proposed.
Barb Aberle,Department ofTransportation,explained the history of the wetland banking process.
Sandy Salisbary,Department of Transportation,stated that the Three Ponds area in Moses Lake willbe
restored and enhanced to create a healthy wetland area.The site will also provide for educational
opportunities to the publicand for students.She mentioned that there is already a great deal of wildlifein
this area.She stated that the submitted planis a conceptthat has been presented to various agencies for
comment.Those comments and suggestions will be furtherdiscussed and some changes may be made.
The construction will begin in September and will last fourto five weeks.She explained the project.
Joseph K.Gavinski, City Manager, wanted to know if the work being done by the Department of
Transportation would be completed before the work on the Japanese Garden could commence.
Ms. Salisbary stated that the DOT work would be completed prior to work beginning on the Japanese
Garden.She explained that when the work is completed,the DOT will still have a maintenance and
monitoring programon the project.This maintenance and monitoring ofthe programcouldlast forupto 15
years.
DABALOS -MOVE BUILDING -PUBLIC HEARING
Dr.R. A. Dabalos,owner of the Dabalos Chiropractic Clinic,requested permission to move a commercial
building from Pioneer Way to East Broadway.
Gilbert Alvarado,CommunityDevelopment Director,pointedoutthatMr.Dabaloshad petitioned the Council
atthe last meeting to movethis commercial building.He mentionedthat the cityhad received no comments
on this project.
The public hearing was opened.
Dr.Dabalos stated that he has notified all the utilities.
ActionTaken:Mr.Blackwell moved thatthe publichearingbe closed,seconded by Dr.Covey, and passed
unanimously.
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CITY COUNCIL MINUTES:3 June 27,2000
Action Taken:Mr.Blackwell moved that the request by Dr.Dabalos to move a commercial building from
PioneerWay to East Broadway as outlined be approved,seconded by Mr.Tracy, and passed unanimously.
ORDINANCE -WHEELER ROAD ANNEXATION ZONING -2ND READING/PUBLIC HEARING ))$0
An ordinance was presented which establishes the zoning for the area annexed to the city under the
Wheeler Road Corridor annexation.The zoning is proposed as follows:
1. The agriculturally zoned property in Sections 17-19-29, 18-19-29, and 20-19-29 shall be zoned
Heavy Industrial.
2. The agriculturally zoned property inSection 13-19-29 shall bezoned Light Industrial except for the
two lots owned by Larry Fowler at the intersectionof Wheeler Road and Road Lwhich is to be
zoned C-2,General Commercial and Business.
3. The property inSection 14-19-28 shallbe zoned Heavy Industrial except as follows:
A. The property tothe west ofthe south finger of Moses LakeandCrab Creek shall be zoned
R-3, Multi-family Residential.
B. Tax #3500, owned bythe Churchof God, on East Broadwayshallbe zoned C-2, General
Commercial and Business.
Gilbert Alvarado,Community Development Director,pointed outthatthe ordinance liststhe property to be
rezoned by parcel number ratherthanwitha meets and bounds description.
Joseph K.Gavinski,City Manager,stated thatthe property owners on the west sideof East Broadway
Extendedhave requestedthatthe public hearing be continued as theywishtodiscuss withtheirneighbors
whether ornot heavy industrial zoning iswhat they want for their property.
There was some discussion and it was the consensus of the Council that the request would be given
consideration.
The publichearing was opened.
—Action Taken:Mr.Porter moved thatthe public hearing be continued tothe July 11 meeting,seconded by
K^J Dr.Covey,and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
RESOLUTION -ACCEPT DONATION -PAUL LAUZIER CHARITABLE FOUNDATION /Qc/&
A resolution was presented which accepts $900,000 from the Paul Lauzier Charitable Foundation.The
funds are to be used forthe furtherdevelopment of the Vista Community Playfield.
The resolution accepting a gift of $900,000 from the Paul Lauzier Charitable Foundation was read by title
only.
Action Taken:Dr.Covey moved thatthe resolution be adopted,seconded by Mr.Blackwell,and passed
unanimously.
RESOLUTION -ACCEPT DONATION
A resolution was presented which accepts $23,300 from an anonymous donor.The funds are tobeused
for the soccer fields at Cascade Park.
Theresolution accepting a cash donation of$23,300 from ananonymous donor was read bytitle only.
ActionTaken:Mr.Porter moved that the resolution be adopted,seconded by Dr.Covey, and passed
unanimously.
RESOLUTION -UAP NORTHWEST -BUILD ON UNPLATTED PROPERTY •/)
A resolution was presented which would allow UAP Northwest,doing business as Tri-River Chemical,to
build onTax #13412 whichis located offof Road N.City wateris available and access is provided byan
easement.
Gilbert Alvarado,Community Development Director,pointed outthatnormally arequestto build onunplatted
property is first considered bythe Planning Commission.
Richard Meeks,Location Manager,UAP Northwest,stated that they are a retail/wholesale fertilizer,
chemical,and seedcompany.He mentioned that they have constructed a 20,000 ton liquid facility.There
is a warehouse on Road Nand they wouldliketo bring the facilities together.
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CITY COUNCIL MINUTES:4 June 27,2000
Phil Bloom,ColumbiaNorthwest Engineering,representing UAPNorthwest,stated thatamodularunitwould
be placed on the property untilan office building can be constructed.The property is located on the east
side of the railroad and west of Road N.The property does not fronton Road N but has access through a
perpetual easement across the Hansen property.
The resolution allowing UAP Northwest to buildon unplatted property was read by title only.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Tracy, and passed
unanimously.
VII.REQUESTS TO CALL FOR BIDS
AERIAL BUCKET TRUCK
Staff requested authorization to call forbids fora used aerial bucket truck to be used in the Street Division
and Parks and Recreation Department.
Action Taken:Dr.Covey moved that staff be authorized to call for bids for a used aerial bucket truck,
seconded by Mr. Porter,and passed unanimously.
VIII.REFERRALS FROM COMMISSIONS
MOSES LAKE COMMUNITY PARK -JAL FUNDS
The Parks and Recreation Commission recommended that the funds received from Japan Airlines,which
totals $12,000,be used to purchase playground equipment forthe Moses Lake Community Park.
There was some discussion by the Council on the need for equipment at this park.
Action Taken:Mr.Blackwell moved that the $12,000 donated by Japan Airlines be used to purchase
playground equipment for the Moses Lake Community Park,seconded by Mr.Tracy, and passed
unanimously.
]/£Cp SHINN SHORT PLAT -VARIANCE
PhilBloom,Columbia Northwest Engineering,representing the Shinn Short Plat,has requestedthe following
variances:
1.A request for a variance to the requirement to construct sewer on East Broadway.
2. A request fora variance to allow the existing curb returns to remain.
3. A request for a variance to allow existing driveways to remain to allow access options to the
property.
GilbertAlvarado,Community Development Director,stated that the property is already served with private
sewer and sewer main has already been extended down East Broadway through covenants.
Mr.Bloom stated that the existing curb cuts were installed in 1974 when East Broadway was constructed.
The propertyis being plattedas one lotwiththe intentionof dividingitthrough the bindingsite plan process
at a later date.
Action Taken:Mr.Porter moved that the variance requests be granted,seconded by Mr.Blackwell, and
passed unanimously.
ifyjj MUNICIPAL AIRPORT -FUEL TRUCK
•^i-7 The Airport Commission has been looking for afuel truck for the Municipal Airport since having fuel available
}0<for aircraft isan important service.A fuel truck in service at Fort Lewis has been located within the state
surplus system.This truck was builtin 1992,has a diesel engine, a 2000 gallontank, and less than 5000
miles.The State Aeronautics Division has indicated they would be willing to give the city a grant for75%
ofthe cost ofthis fuel truck.The Airport Commission is requesting approval from the Council to apply for ^-^
a grant fromthe State Aeronautics Division and forapproval to purchase the fuel truck.()
Mr.Pearce explained that using a fueltruck atthe airportrequires a certifiedtruck and a certified driver. He
mentioned that currently airplanes have to fly somewhere else to gas up. He stated that the request is for
Council approval to apply for the grant and to purchase the fuel truck, if the Airport Commissioners
determine that this truck is what is needed at the Municipal Airport.
There was some discussion by the Council about liability to the city.
Mr.Pearcestated thatthere issome concern butthe ideaisto lease the trucktoan operatorand make him
responsible. The operatorwould pay so much per gallon to the city for the use of the truck. He mentioned
that the fixed base operatorat the Municipal Airport has indicated he would be willing to operate the fuel
truck.
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CITYCOUNCIL MINUTES:5 June 27, 2000
Joseph K.Gavinski,City Manager,stated that the lease provisions could provide liability protection to the
city.
There was some additional discussion by the Council.
Action Taken:Mr.Blackwell moved that permission be granted for the Airport Commission to apply for agrantfromtheAeronauticsDivisionforthepurchaseofafueltruck,seconded by Mr.Reese,and passed
unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
DRIVEWAY VARIANCE -CASSIANO //^A
Jan Jasper,Cougar Construction,is requesting a variance to the Community Standards to construct the
driveway closer than 5'to the property line at 508 Clark Road.The adjacent property owner has agreed to
allow the drivewaytaper to extend 5'intoher property.
Action Taken:Mr.Blackwell moved that the variance request be granted,seconded by Mr.Blessing,and
passed unanimously.
MOSES LAKE AQUATIC CENTER -SHALLOW WATER DIVING /QOO
Jackie Haefner hasrequested that thecity rescind its rule prohibiting all diving attheAquatic Center except
in the deep water diving tank.The city established the rule after aWashington State case decided in 1998
where King County and the Auburn School District were held responsible for injuries to astudent which were
incurred when he dove intoslightlyless than 5'of water.
Joseph K.Gavinski,City Manager,stated that the city researched the issue ofshallow water diving and
gathered information that shows that diving in water less than 9'deep can be dangerous and can cause
significant injury.He mentioned that the city's insurer,Canfield &Associates,has submitted a letter stating
they have also researched this issue and concluded the minimum depth ofdiving should be no less than
8'.Canfield &Associates also recommended the strict enforcementofthe city'scurrentrule of no diving
except from thediving boards.The only exception tothis rule isduring competitive type swimming and then
only with the use of starting blocksandinatleast 9'ofwater.
Jackie Haefner stated that this is a serious issue and requested that the Council look at the information
K^J presented by staff.She stated that they use starting blocks and abide by the United States Swimming rules
and regulations.She mentioned that asa member oftheUnited StatesSwimming theyhavea $4,000,000
insurance policy andrequested thatthe Council recognize thatas anadequate amount of insurance.She
statedthatthe city'sdiving rule eliminates the 200 free style medley relays from proper competition and
hurtsthe Moses Lake swimmers inother meets since they cannot practicestarts in shallowwater.She
pointed outthatthe spinal injury statistics include all typesof swimming accidents.The majority ofthese
accidents do not occur in competitive environments.She mentioned that the swim team members are
trained in long shallow dives and safety is emphasized.
Tony St. Onge, Moses Lake Swim Team Coach,pointed out that safety is emphasized to the swim team
members and he felt that the swim teams should be granted a variance to the no diving rule in shallow
water.
There was considerable discussion by the Council on the liability that would occur ifthe city were to allow
shallow water diving.
Action Taken:Mr.Tracy moved that the existing policy prohibiting shallow water diving be maintained,
seconded by Mr.Blessing.
Action Taken:Mr.Reese moved thatthe requestto allow shallow water diving be tabled,seconded by Mr.
Blackwell,and failed with Mr.Reese,Mr.Blackwell,and Mr.Porter in favor and Mr.Tracy,Mr.Blessing,Dr.
Covey,and Mr.Pearce opposed.
The motion passed unanimously.
SURPLUS PROPERTY -TRAVEL TRAILERS
<J ZO/7Staffrequestedpermissiontodeclaretwousedtravel trailers as surplus property.
Jerry Thaut, Parks and Recreation Director,stated that these travel trailers were used at the Centennial
Amphitheater and at the Cascade Park Campground for the caretaker.
The resolution declaring city owned property as surplus and authorizing its sale was read by title only.
Action Taken:Dr.Covey moved that the resolution be adopted,seconded by Mr.Porter, and passed
unanimously.
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CITY COUNCIL MINUTES:6 June 27, 2000
I/5&REQUEST TO USE CITY PROPERTY -GRANT TRANSIT AUTHORITY
Grant Transit Authority hasrequested that thebusstopbe relocated from 4thand Alder to4th and Dogwood.
Staffmetwith GTA onsiteandsuggestedthe new location as it provides better sight distance for visitors
leaving the Aquatic Center.
Gerry McFaul,City Engineer,stated that the locationof the bus shelters and the kiosk was moved closer
to Dogwood to lessen the impact on traffic.The shelters will be on the sidewalk and the buses will usethe
parking lane.Parking bumpers will be installed to protect the shelters and the kiosk.No parking spaces
will be removed atthis time becausethis area isnotusedmuch atall.Thebuseswill be using this area 17 /~\
times per day.1 '
Action Taken:Mr.Blessing movedthattherequesttouse city property for thebussheltersandthekioskbe
approved,seconded by Mr.Blackwell,and passed unanimously.
LES SCHWAB TIRE CENTER SHORT PLAT -COVENANTS
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Staffrequested clarification ofthe Council's action in calling in thecovenantsfor theLesSchwabTire Center
Short Plat.
Joseph K.Gavinski,City Manager,distributed a letter from the attorney for LesSchwabTires.Thereis
disagreement betweenLesSchwabandthe city onwhatLesSchwabis required todounderthe covenant.
The covenant requires full width streetand utility improvements on Commercial Avenueand Date Streetto
be built to city standards current at the time the improvements are constructed.Full width street
improvementsincludescurbs,gutters,sidewalks,and full width pavement. Les Schwab does notwantto
install curb, gutter, and sidewalk on the far side of Date Street.
Therewassome discussion bythe Council anditwas pointed outthatthecity'spolicy of requiring full width
street improvements came about because ofthe number of half width streets that had been constructed in
the city years ago. •
Action Taken:Mr.Tracy moved that Les Schwab Tires be informed that the covenant requires the
construction of full width street improvements which includes curbs, gutters, and sidewalks on both sides
of the street,seconded by Mr.Blessing, and passed unanimously.
X.PUBLIC QUESTIONS AND COMMENTS -None
XI.COUNCIL QUESTIONS AND COMMENTS
INDUSTRIAL ZONES
Mr.Blessing suggested thatthe city's industrial zones be amended to include some permitted, conditional,
and prohibited uses so the citizens will have an idea of what is and is not allowed in each industrial zone.
He also pointed out that the city has no land that is zoned Medium Industrial.
GilbertAlvarado,Community Development Director,pointed out that currently allusesinthe industrialzones
are conditional uses.He was also in agreement with eliminating the Medium Industrial Zone.
There was some discussion by the Counciland staff was directed to lookatthe city's industrial zones and
also look intothe city's default zoning for annexations.
XII.CITY MANAGER REPORTS AND COMMENTS
AGCCT MEETING
Joseph K.Gavinski,City Manager,reminded the Council ofthe AGCCTmeetingon Thursday,June29,at
Wilson Creek.
The regular meeting was recessed at 10:15 p.m.andthe Council met in an executjyg_sessiQnIgjjiscuss
Land acquisitions.The executive meeting was adjournedaM0:45 p.m.anaVtrferegular meeting
reconvened. The regular meetingwas adjourned at 10:45\p.m.
ATTEST:
Mayor
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