2001 04 245723
MOSES LAKE CITY COUNCIL
April 24, 2001
Council Present:Richard Pearce,Ron Covey,Chris Blessing,Larry Tracy,Tom Porter,Lee Blackwell,and
Brent Reese
MINUTES:Mr.Porter moved that the minutes of the April 10 meeting be approved,seconded by Mr.
Blackwell, and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
r~Action Taken:Mr.Blackwell movedthatthe bills,checks, and prepaid claimsissued be approved,seconded\^J by Mr.Porter,and passed with Mr.Reese abstaining from voting for that portion of the bills pertaining to
himself.
Vouchers audited 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
been made available to the City Council.
Claims:The vouchers included onthe belowlist as modified bythe Council andnoteduponsaidlist for the
Council meeting ofApril 24,2001 for the funds listed below are approved in the amount of$330,330.28.
GENERAL FUND $26,573.71 AIRPORT 93.00
STREET 34,389.27 UNEMPL COMP INSURANCE 375.00
EQUIPMENT LEASES 8,811.38 SELF INSURANCE 1,310.31
WATER/SEWER 80,311.73 CENTRALSERVICES 13,042.48
WATER/SEWER CONSTRUCTION 47,385.50 EQUIPMENT RENTAL 27,230.90
WATER/SEWER LEASES 2,239.17 BUILDING MAINTENANCE 13,058.54
STATE WATER POLD/S 40,602.09 FIREMANS PENSION 234.00
SANITATION FUND 33,787.90 MLYOUTH PART.TF 885.30
TOTAL $330,330.28
Prepaid Claims:Prepaid claims approved bytheCity Manager according tothe process established byMoses
Lake Municipal Code 3.42.030 and the internal control policy approved bytheCity Council has been recorded
ona listing which has been made available tothe City Council.The claims listed below are approved in the
amount of $8,610.39 for all funds.
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GENERAL FUND $5,714.74 CENTRAL SERVICES 2,283.85
WATER/SEWER 473.83 EQUIPMENT RENTAL 111.32
WATER/SEWER CONSTRUCTION 26.65 TOTAL $8,610.39
Prepaid Claims:Prepaid claims approved bytheCity Manager according totheprocess established byMoses
Lake Municipal Code 3.42.030 and the internal control policy approved bytheCity Council hasbeenrecorded
ona listing which hasbeenmadeavailable tothe City Council.The claims listed below are approved in the
amount of $217.77 for all funds.
GENERAL FUND $25.35 AIRPORT 100.00
STREET 3.53 EQUIPMENT RENTAL 39.70
SANITATION FUND 49.19 TOTAL $217.77
Claim Checks:Checks 9034 through9246 issued on April 9,2001 through April 17,2001 were approved for
payment atthe Council meeting held on April 24, 2001 inthe totalamount of $2,590,634.86.
Payroll:The payroll issued on April 13,2001 havingbeen approved pursuantto the ruleof the CityCouncil
set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 19500 through 19663 in the total
amount of $49,860.68.
II.EMPLOYEE PRESENTATIONS
Public Works Division: Bob Arntson,Building Maintenance Worker,was introduced to the Council.
III.CONSENT AGENDA
Resolution -Accept Donation - Basic American Foods: A resolution was presented which accepts $5,000
^)from Basic American Foods for use in the purchase ofplayground equipment atthe Cascade Park Soccer
Complex.
Resolution -AcceptDonation -Moses LakeClinic:A resolutionwas presented whichaccepts a$200 donation
from the Moses Lake Clinic.The funds are to be used for the continuation ofthe Parks and Recreation Fun
Run.
Resolution -Set Public Hearing Date -Loop Drive Vacation:Aresolution was presented which sets May 10 /Of /
as thedate for a public hearing beforethe Planning Commission toconsiderthevacation ofa portion of Loop
Drive.
Action Taken:Mr.Porter moved that the Consent Agenda be approved, seconded by Mr.Blackwell,and
passed unanimously.
IV.CONSIDERATION OF BIDS -None
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CITY COUNCIL MINUTES:2 April 24,2001
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
RESOLUTION -MOVING BUILDING -MOSES LAKE FAMILY AUTO CENTER -PUBLIC HEARING
Garry Burns,Moses Lake Family AutoCenter,is proposing to relocate two buildings at506 E.Wheeler Road
to a new location on Yonezawa Boulevard.
Joseph K.Gavinski,City Manager,distributed information onthe process for the relocation ofa building within
the city limits.
The public hearing was opened.fj
Mr.Burnsstated thathe is proposing to move the existingMoses Lake Family AutoCenter building toanew
location on Yonezawa near Highway 17.
ActionTaken:Mr.Blessingmoved thatthe public hearing be closed, seconded by Mr.Reese,and passed
unanimously.
The resolution allowing Garry Burnsto move a building within the city's limits was read by title only.
Action Taken:Mr.Tracy moved to approve the resolution allowing GarryBurns to relocate the Moses Lake
FamilyAuto Center office and the HighOctane Espresso buildingfromWheeler Road toYonezawa Boulevar,
seconded by Mr.Blackwell, and passed unanimously.
ORDINANCE -ASPI/UCHIDA ANNEXATION - 2ndREADING/PUBLIC HEARING
An ordinance was presented which provides for the annexation of the ASPI/Uchida property located along
Patton Boulevard north of Highway 17.The annexation also includes the Gateway Estates residential area
as required by the Boundary Review Board.The Planning Commission has already considered the zoning
forthe ASPI/Uchida propertyand recommended a C-2 Zone, General Commercial and Business.Zoning for
the Gateway Estates residential property will be considered by the Planning Commission at a future date.
Joseph K.Gavinski,City Manager,explained that this annexation was forwarded to the Boundary Review
Board at the request ofASPI and Uchida.The Boundary Review Board approved the annexation ofthe ASPI
and Uchida property but only with the inclusion of the Gateway Estates area.This has put the city in the
position of either annexing allof the property or none of the property.There was an appeal period from the
Boundary Review Board decision and no appeal was submitted.^-v
The public hearing was opened.
Bob Cleis,8711 Charles,stated that the city is run by a bunch of scoundrels.
Bob Haring,8711 Harris,stated that the Gateway area was not notifiedofthe actions ofthe Boundary Review
Board or that action would have been appealed.He was concerned about the changes that would occur in
fireand police protectionand the increase intraffic. Hedid notwish to be inthe city. A petitionwas presented
at the last meeting which opposed the annexation.
Roger Hansen,Fire Chiefof GrantCounty#5, feltthatthe BoundaryReview Board overstepped its authority
byincluding GatewayEstates inthisproposedannexation.He pointed outthatanannexationisnottoinclude
property that is not described in the petition,which Gateway Estates was not. He suggested that the
annexation be resubmitted to the Boundary Review Board foradditionalconsideration.
Phyllis Sievert,ownerof 8691 Jean Road,statedthatshe isopposedtothe annexation.She pointed outthat
the residentsof GatewayEstateswere notmade awareofthe hearing beforethe Boundary Review Board.
Charles Lybbert,8674Arlene,stated that he is opposed to the annexation.
ActionTaken:Mr.Blackwell moved that the public hearingbe closed,seconded by Dr.Covey, and passed
unanimously.
Mr.Gavinski pointed outthat,under case law,the Boundary Review Board hasthe authority to include
property in an annexation that was not part ofthe original petition for annexation.Theamount of property
included in the annexation bythe Boundary Review Board does exceed the amount allowed by statute.
However,the inclusion ofthe Gateway property into theannexation should be discussed with the Boundary f~*\
Review Board notwith the City of Moses Lake.Any lack of notification onthe part ofthe Boundary Review
Board should alsobediscussed with the Boundary ReviewBoard,notthe city.The city,upon receipt ofthe
decision by the Boundary Review Board,provided the notice required by law.He pointed out that Grant
County Fire District #5 will continue to provide fire protection to this area solong asit continues to receive the
property taxes.He mention that the Boundary Review Board probably does not have the authority to require
that the city and Fire District #5 enter into an agreement for fire protection service in this area.However the
city sent a letter to Fire District #5 concerning this issue but has received no response at this time.He
mentioned thatifthe annexation does nottake place,the ASPI property will remain undeveloped because
water and sewerservice will notbeavailable toit.He pointed outthat theannexation would help increase the
city's tax base which increases the city's bonding capacity.An increase in traffic will occur when the property
is developed,whetheritis in the countyorthe city.
Dr.Covey was not in favor of annexing property when the property owners are opposed to it and wanted to
know the city's options.
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CITY COUNCIL MINUTES: 3 April24, 2001
Mr.Gavinskistated thatthe Council can eitherapproveordeny the annexationas presented. Ifthe Council
does deny the annexation,the Council would be denying those property owners that have requested
annexation.
There was some discussion bythe Council concerningthe annexation process.
Dr.Covey requested additional information on Fire District #5's request for review oftheannexation bythe
Boundary Review Board.
r"Mr.Hansen stated that Grant County #5 requested the Boundary Review Board take jurisdiction on the
\_J annexation based on the response time ofthe city's fire department to this area.He pointed out that Grant
County #5hasa station within 3/4 ofamile ofthis area while thecity's station is3.8 miles from this area.The
city's fire department would also have touseeither theAlder Street Fill orHighway 17 and any delay in either
ofthose areas would significantly increase the responsetime. The inclusion of the Gateway Estatesarea
compounds the problem.TheGrant County #5fire station on Patton Boulevard has a high rate ofresponse
andismannedat night.Thereisalsoa station inCascadeValley thatrespondstothis area.
Dave Helms,Fire Chief,statedthatthe access routes tothisareaare good andthe city's responsetimeto
any place in the city is4.5 minutes.He pointed outthat ifthe fire crew isona call the city hasa call back
policyto cover the station.
There was some discussion on the make up of the Boundary Review Board.
The ordinance annexing property commonly known astheASPI/Uchida annexation totheCity ofMoses Lake,
Washington,and incorporating thesamewithin thecorporate limits oftheCity ofMoses Lake,which provides
for the assumption of existing indebtedness,andwhich zones the ASPI and Uchida properties was read by
title only.
Mr.Pearce mentioned that he had called some of the persons who signed the petition and some of them
were infavorof annexationifitmeant bettercode enforcement. Hepointedoutthattherewouldbe very little
change in the area other than codeenforcement.Thearea is already served with city water and sewerand
garbage service would remain the same.
Action Taken:Dr.Coveymovedthatthe second reading ofthe ordinance be tabled,seconded byMr.Reese,
and failed with Dr.Covey and Mr.Reese in favor and Mr.Porter,Mr.Blessing,Mr.Tracy,and Mr.Pearce
opposed.
^-^Dr.Covey stated that he requested this item be tabled in order to provide time for the parties to come up with
a compromise on this annexation issue.
Mr.Blessing pointed outthatthere seemstobetwosolutions -denythe annexation andwaitayearorexclude
Gateway Estates from the annexationandwaitto see ifthere is a challengeto thatdecision.
Mr.Blackwell stated that he would agree to table the ordinance inorder to ajlow the residents of Gateway
Estates time to contact the Boundary Review Board about this issue.
ActionTaken:Dr.Covey moved that the ordinance be tabled fortwo weeks,seconded by Mr.Blackwell,and
passed with Mr.Porter and Mr.Tracy opposed.
PELICAN POINT SEWER
Phil Bloom,Columbia Northwest Engineering,on behalf of Huck Goodrich,has requested permission to
connectto the city's sewer force main nearthe intersection ofPotato Hill Road and Baseline.The connection
would serve 9 residences but the line would be designed for 60 residences.
Mr.Bloom explained that the existing privately operated sewer system is committed to servicing 25 to 30
residences.Because of DepartmentofEcology regulations,theowner,Huck Goodrich,would like to connect
to the city's system.This connection would also allow Mr.Goodrich to build on the lot that is currently
designated forthe drain field.He pointed out that Mr.Goodrich does not own the lots that will be using the
sewer so he could not guarantee annexation in the future.
Joseph K.Gavinski, City Manager,stated thatthis request could be treated much likethe request forservice
fromthe Upper Basin Homes area.The citywoulddeal onlywith Mr.Goodrichand the connection would be
^_J treated asa commercial enterprise and charged at retail rates with a surcharge.
There was some discussion and itwas the consensus of the Council thatthe connectiontothe city'ssewer
system be contingentuponexecutionof Extra Territorial Utility Agreements bythe property owners.
SIGHT OBSTRUCTIONS
Shane Ahmann requested the Council consideran ordinance which would prohibit the visual blocking of
commercial businesses by recreational vehicles,tractor-trailer combinations,and large equipment. He
explained thatthe adjoining property ownerhas parked avehicleinsuch awaythatitblocksthe viewofthis
business from the traveling public.
There was some discussion bythe Council and itwas felt thatsucha restriction would be very difficult to
enforce.
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CITYCOUNCIL MINUTES:4 April 24,2001
No action was taken.
-tl NEIGHBORHOOD PROBLEMS)0^
Jim Pippins,125 Gibby Road, requested assistance with his neighbor's use of black plasticto enclose a
carport.
There was some discussion by the Council and staffwas directed to draft an ordinance which addresses this
issue.
)0-/)DEPARTMENT OF TRANSPORTATION -BUILD ON UNPLATTED PROPERTY (^)
KeithWalker,Department of Transportation,stated that they wish to erect a pole building on Ramm Road
on unplatted property.The entire site is enclosed by a chain link fence.
Gilbert Alvarado,CommunityDevelopment Director,stated thatthe issue will be considered bythe Planning
Commission at their April26 meeting.
Mr.Walker stated that their budget yearends inJune and they still need to go to bidon this project.This
project mustbe completed bytheend of June orthe budgeted amountis returned to thestate's General Fund.
Hestated thatthey wished to builda50'x 100'building forthe storage of granular saltand sand. The building
will be 25'high. No city services will be required.
Mr.Alvarado pointed out that the site is about 427'x about 550'.
There was some discussion by the Council.
Action Taken:Mr.Blackwell moved that the Department of Transportation be allowed to build on unplatted
property,seconded by Mr.Reese,and passed unanimously.
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VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -PARKING REGULATIONS - 2nd READING
An ordinance was presented which relocates two handicapped parking spaces in front of the Immanuel
Lutheran Church on A Street.
Theordinanceamending Chapter 10.12 ofthe Moses Lake MunicipalCode entitled "Parking Regulations"was
read by title only.
Action Taken:Mr.Blackwell moved that the second reading of the ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
ORDINANCE -VACATE CLOVER DRIVE -2ND READING
An ordinance was presented which vacates a portion of Clover Drive which is no longer needed due to the
new alignment of Clover Drivewith Pioneer Way.
The ordinance vacating a portion of Clover Drivewas read by titleonly.
Action Taken:Mr.Porter moved that the second reading of the ordinance be adopted,seconded by Dr.
Covey, and passed with Mr.Blessing abstaining.
ORDINANCE -GARBAGE RATES -1st READING
An ordinance was presented which establishesnew garbage rates.These ratesdo not include residential
pickups of one and/ortwo cans one time a week.
Action Taken:Dr.Covey moved thatthis item be removed from the table,seconded by Mr.Blackwell,and
passed with Mr.Tracy and Mr.Blessing opposed.
Bob Bernd,Lakeside Disposal,mentioned that a variable canrate will be available atthe May 8 meeting and
several recycling options will also be submitted.
Action Taken:Mr.Blessing moved that the ordinance be tabled,seconded by Mr.Tracy,and passed
unanimously.
RESOLUTION -OPPOSE NFPA PROPOSED STANDARDS I
A resolution was presented which opposes the new standards proposed by the National Fire Protection
Association.These proposed standards would establish a minimum for staffing fire apparatus as well as
response times.If the proposed standards are approved,the 4-person staffing standard would cost
substantial sumsofmoney nationwide,undercut local decision making ofcity councils,and possibly increase
taxes or reduce other essential services.
The resolution opposing National Fire Protection Association Proposed Standards 1710 and 1720 was read
by title only.
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CITY COUNCIL MINUTES:5 April 24, 2001
ActionTaken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Reese,and passed
unanimously.
VII.REQUESTS TO CALL FOR BIDS
2001 WATER MAIN REPLACEMENT PROJECT
Staff requested authorization to call for bids for the 2001 Water Main Replacement Project.This project
includes replacing thesteel water mains with PVC water mains along East Craig Boulevard,Arnold Drive,and
Northwest Lanewith an option for replacing the steelwatermain along Larson Boulevard.
ActionTaken:Mr.Porter moved thatstaffbe authorized to call for bids,seconded by Dr.Covey, and passed
unanimously.
FUEL PROCUREMENT
Staffrequested authorization tocall for bids for a three year contract for fuel procurement.
ActionTaken:Mr.Blackwell moved that staff be authorized to call for bids,seconded by Mr.Reese,and
passed unanimously.
VIII.REFERRALS FROM COMMISSIONS -None
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
DRIVEWAY VARIANCE -SEVENTH DAY ADVENTIST CHURCH
The Seventh Day Adventist Church has requested a variance ofthe driveway access control standards in
orderto constructa private access onto Valley Roadto servicetheirnew school.
Gary Harer,Municipal Services Director,stated that ameeting was held with representatives ofthe 7th Day
Adventist School and the Sage Vista development to see if the accesses could be combined.Since
combining theaccesseswasnotfeasible and iftheCouncil approves thevariance,itwould betherecommen
dation of staffthatthe private access into the school be constructed opposite the existing access to the
fairgrounds parking lot.
There was some discussion by the Council.
ActionTaken:Mr.Reesemoved thatthe variancerequest be granted,seconded byMr.Blackwell,and passed
unanimously.
APPLY FOR GRANT -FIRE DEPARTMENT
Staff requested permission to apply for a grant from the federal government in order to purchase self-
contained breathing apparatus,SCBA masks, andan additional engine. The cost ofthe equipment would be
$281,600.The cityis eligible for a 90/10 matchinggrantwhich means the citywouldcontribute$28,160 ifthe
grant is approved.
ActionTaken:Dr.Covey moved that staff be authorized to apply forthe grant,seconded by Mr.Porter,and
passed unanimously.
X.PUBLIC QUESTIONS AND COMMENTS -None
XI.COUNCIL QUESTIONS AND COMMENTS -None
XII.CITY MANAGER REPORTS AND COMMENTS
AMBULANCE SERVICE
Joseph K.Gavinski, CityManager, distributeda budgetshowing the expenses and revenue ifthe cityshould
take over the ambulance service from Samaritan Hospital.
ActionTaken:Mr.Blackwell moved thatstaff proceed with the ambulance service,seconded by Mr.Tracy,(s )and passed unanimously.
CITY HALL
Joseph K.Gavinski,City Manager,presentedthe revised floor plan for a 29,642square foot building.This
will be atwostory building with a basement. Also provided isan updatedtime line andcost figures.
Therewassome discussion bythe Council anditwassuggestedthatthe building be movedbackto provide
for parking in frontand a site plan was requested.
MULTI-AGENCY COMMUNICATIONS CENTER
Joseph K.Gavinski,City Manager,stated that thecity isin agreement with all the recommended changes to
the inter-local agreement withthe Multi-Agency Communications Center.
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CITY COUNCIL MINUTES:6
MUSEUM/ART CENTER IMPROVEMENT COSTS
April 24,2001
Joseph K. Gavinski, City Manager,pointed out that the cost to renovate the new museum and art center
buildingis approximately $47,000. The city has budgeted $31,000 forthe improvements.There is also
$9,000 rent payments received from PIC and another$16,000 from the pool contractsavings thatcouldbe
used.
There was some discussion by the Council.
ActionTaken:Mr.Blackwellmovedthat $47,000 be authorized forrenovationofthe building which will house
the Museum and ArtCenter,seconded by Mr.Reese,and passed unanimously.
OUTDOOR BURNING
Joseph K.Gavinski, City Manager,stated thatthe staff has discussed how to controloutdoor burningwithin
the city's limitsdue to the administrativerules adopted by the Department of Ecology.Ithas been decided
to continue the city'scurrent practice of issuing burning permits and then advisingresidents they may also
need a permit from the DOE.
//£/j?FINANCIAL REPORTS
IMS
The first quarter financial reports were distributed.
URBAN GROWTH AREA
Joseph K.Gavinski,City Manager,distributed letters from three different property owners who are currently
outside the city's UGA requesting that they be included within the city's UGA.
The regular meeting was recessed at 9:40 p.m.and the Council met in an executive session to discuss
property acquisition and legal matters. The executive session was adjourned atj0:30 p.m.and the regular
meeting was reconvened.The regular meeting was adjqbffne^at 10:30 p.m.
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