2001.09.25_000015771
MOSES LAKECITYCOUNCILSeptember25,2001
Council Present:Ron Covey,Chris Blessing,Larry Tracy,Tom Porter,Brent Reese,and Lee BlackwellAbsent:Richard Pearce
MINUTES:Mr.Blackwell moved that the minutesofthe September 11 meetingbe approvedas submitted,seconded by Mr.Reese,and passed unanimously.
APPROVAL OF BILLS,CHECKS,ANDPREPAID CLAIMS
Action Taken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded byMr.Porter,and passed unanimously.
Vouchers audited and certified by theFinance Director as required by RCW 42.24.080,and those expensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,have been recorded ona listing whichhasbeenmadeavailabletotheCityCouncil.
Claims:The vouchers included onthe below list as modified bytheCouncil and noted upon said listfor theCouncilmeetingofAugust28,2001 for thefunds listed below are approvedin the amount of $404,113.16.
GENERAL FUND -$131,284.40 SANITATIONFUND 8,591.07STREET31,389.71 AIRPORT 921.40STREETREPAIR/RECON 275.96 AMBULANCESERVICE FUND 5,256.07EQUIPMENTLEASES5,212.64 CENTRAL SERVICES 9,286.68WATER/SEWER 59,653,31 EQUIPMENT RENTAL 36,845.14WISCONSTRUCTION59,653.31 BUILDINGMAINTENANCE 111,380.92WATER/SEWER LEASES 2,239.15 TOTAL $404,113.16
Prepaid Claims:Prepaid claimsapprovedbythe CityManager accordingtothe process establishedby MosesLakeMunicipalCode3.42.030 and the internal controlpolicyapprovedbythe CityCouncil has been recordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.The claimslisted below are approvedin theannountof$3,778.79for allfunds.
GENERAL FUND $2,234.61 -AMBULANCESERVICE FUND 8.81STREET17.75 CENTRAL SERVICES 953.01WATERISEWER367.94 EQUIPMENT MAINTENANCE 192.26AIRPORT4.41 TOTAL $3,778.79
Prepaid Claims:Prepaid claims approved bytheCityManager according totheprocess established by MosesLakeMunicipalCode3.42.030 and theinternal control policyapproved by theCityCouncil has been recorded
on a listing which has been made available totheCityCouncil.The claims listed below are approvedin theamountof$5,725.25for allfunds.
O GENERAL FUND $167.69 BUILDINGMAINTENANCE 5,476.47AIRPORT81.09 TOTAL $5,725.25
Prepaid Claims:Prepaid claims approved bytheCityManager according totheprocess established byMosesLakeMunicipalCode3.42.030 andthe internal controlpolicy approvedbythe CityCouncil has been recorded
on a listing which has been made available to the City Council.The claims listed below are approved in theamountof$42,500,00for all funds.
BUILDINGMAINTENANCE $42,500.00TOTAL$42,500.00
Claim Checks:Checks 11193 through11376 issued on September 11,2001 throughSeptember 21,2001
were approved for payment at the Council meeting held on September 25,2001 in the total amount of$905,693.69.
Payroll:The payroll issued on September 14,2001 having been approved pursuant to the ruleof the CityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 22320 through22570 in thetotalamountof$67,136.75
PROCLAMATION
The proclamation declaring the weekofOctober7 -13,2001 as Fire Prevention Week was read inits entirety.
EMPLOYEE PRESENTATIONS -None
CONSENT AGENDA
Western Display Fireworks:A contract withWestern Display Fireworks was presented for ratification of theCityManager's signature.This contract provides for additional shells for the 4"'of July fireworks display atnoextracosttothecity.
Fire Fighters:Acontract amendment with thefirefighters was presented for ratification ofthe CityManager'ssignature.The amendment deals with issues connected withthe city's provision ofambulance service.
Resolution -Accept Donation -Wal-Mart Foundation:A resolution was presented which accepts $182.17fromtheEphrataWal-Mart Foundation.The funds are tobe used for theSpecial Olympics Program.
Resolution -Build on Unplatted Property -AIIen:A resolutionwas presented which allows Jack Allen toconstructanadditiontohishomeat640Highway17.
Action Taken:Mr.Porter moved that the Consent Agenda be approved,seconded by Mr.Blessing,andpassedunanimously.
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CITY COUNCILMINUTES:2 September 25,2001
CONSIDERATION OF BIDS
PENN STREETDRAINAGEPROJECT 2001
The city received three bids for the Penn Street Drainage Project.The low bidder,Columbia Valley
Excavation did notsubmit the addendums withtheirbid.This is a minor irregularitythatcan be waivedbytheCouncil.Staff recommended thatthe Council waive the irregularity and award the bid to Columbia Valley
Excavation.
Gary Harer,MunicipalService Director,explainedthatsome ofthe biditems have a high unit price and ifthere
are over runs itwillreflect on the final cost.However,staff did notfeel itwould be a big problem.
ActionTaken:Mr.Blackwell moved thattheirregularity be waivedand the bid be awarded toColumbia Valley
Excavationinthe amountof $102,746.00,seconded by Mr.Tracy,and passed unanimously.
SEWER REPAIR PROJECT 2001
The cityreceivedthreebids forthe Sewer Repair Project.This project includes replacing 60'of storm sewermainalongDivisionStreetand625'of sanitarysewer main near the Peninsula LiftStation.Staff recom-mended thattheCouncil awardthe bidtoA.F.Cannone &Son Excavation &Paving.
Action Taken:Mr.Tracy movedthat the bid be awardedtoA.F.Cannone &Son Excavation &Paving inthe
amount of $62,486.90,seconded by Mr.Reese,and passed unanimously.
PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
MOSES LAKEBUSINESS ASSOCIATION -THIRD AVENUE
The Moses Lake Business Association will be sponsoring the Downtown Trick or Treat event on October 31
and requested the closure ofThird Avenuefrom Alder Street to Beech Street from 5 p.m.to 7 p.m.
ActionTaken:Mr.Blackwell moved thattherequest toclose Third Avenue from Alder StreettoBeech Street
from 5 p.m.to 7 p.m.on October 31 be granted,seconded by Mr.Porter,and passed unanimously.
MOSES LAKEBUSINESS ASSOCIATION-CASCADE PARK-
On October 6 therewill be boat races held at Cascade Valley.The organizers of the boat races have
requested the Moses Lake Business Association assist themin finding vendors to participate inthepark with
art and craft exhibits.The onlyfood provided willbe from Slice ofHeaven,which already has a contract with
the city.
Jerry Thaut,Parks and Recreation Director,stated thatstaffdoes not anticipate any problems withthe 12 to
15 exhibitorsthat willbe participating.
Action Taken:Mr.Porter moved that art and craft exhibits be allowedat Cascade Park on October 6 in
connectionwith theboat races,seconded by Mr.Reese,and passed unanimously.
RESOLUTION -SIX YEAR STREETPLAN -PUBLIC HEARING
A resolution was presented whichestablishes thecity'ssix-yearstreet plan.
The public hearing was opened.There were no comments.
Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Blackwell,and passed
unanimously.
The resolution amending the Six Year Street Construction Program for 2002 -20Q7was read by titleonly.
Action Taken:Mr.Porter moved that the resolution be adopted,seconded by Mr.Tracy,and passed
unanimously.
ORDINANCESAND RESOLUTIONS
ORDINANCE -VACATEEASEMENT -GARDEN HEIGHTSADDITION-2ND READING
An ordinancewas presented which vacates an easement lyingbetween Lots 3 and 4 of Garden Heights
Addition.The property owners are planning toconstruct a buildingover thiseasement which necessitates its
abandonment.
Mr.Blessing declared a conflict of interest and exited the room.
The ordinance abandoning an easement in Garden Heights Addition was read bytitleonly.
Action Taken:Mr.Blackwell moved that the second reading of the ordinancebe adopted,seconded by Mr.
Porter,and passed unanimously.
ORDINANCE-VACATEEASEMENT -PARADISE SHORT PLAT -2ND READING
An ordinance was presented whichvacates an easement lyingon both sides of the rear property line ofLot
2,Paradise Short Plat,so that a building can be constructed in this area,
Mr.Blessing declared a conflictofinterest and exited the room.
The ordinanceabandoningan easement inthe Paradise Short Plat was read by titleonly.
ActionTaken:Mr.Porter movedthatthesecond reading oftheordinancebe adopted,seconded by Mr.Tracy,
and passed unanimously.
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CITYCOUNCIL MINUTES:3 September25,2001
ORDINANCE -BASINWATER SOURCES,INC.FRANCHISE -167READING /00AnordinancewaspresentedwhichgrantsafranchisetoBasinWaterSourcestooperateawaterdistributionsysteminthecity.The current franchise expired on September 21.
Joseph K.Gavinski,City Manager,explained that this is a renewal of an existing franchise and is forplacementoftheirwaterlinesinthecity's rights-of-way.
Mr.Tracy was concerned that the franchise does not provide enough financial protection forthe cityshouldsomethinggowrongwiththewaterlines.
O Gary Throop,2062 Crestmont,pointed outthat theyare regulatedby several different state agencies whichhaveverystrictruleswhichmustbecompliedwith.
There was some discussion by the Council.
The ordinance granting to Basin Water Sources,Inc.theright and franchise touse and occupy designated
streets,alleys,and other public places and ways of the City of Moses Lake,Washington,to construct,maintain,repair,renewand operate a waterdistribution systemwithinandthroughcertainportions ofthe CityofMosesLake,Washington was read by titleonly.
Action Taken:Mr.Tracy moved that the first reading of the ordinance be accepted and staff be directed tolookintosomefinancialprotectionforthecity,seconded by Mr.Porter,and passed unanimously
REQUESTS TO CALLFOR BIOS-None
REFERRALS FROM COMMISSIONS
PENINSULA SCHOOL FINALPLAT
Fred Skinner,Western Pacific Engineering,submitted the one lot Peninsula School Final Major Plat located
on Burress Avenue and Texas Street.The Planning Commission recommended that the final plat beapproved.
Action Taken:Mr.Blackwell moved thatthe Peninsula School Final Plat be approved with the stipulation thatthecommentsfromtheCityEngineerbeaddressedandtheFindingsofFactbeaccepted,seconded by Mr.Porter,and passed unanimously.
ORDINANCES -C-1.C-2,ANDMANUFACTUREDHOME PARKS ZONES -137 READINGS
Ordinances were presented which delete manufactured home parks as a conditional use intheC-2 Zone andincorporateslanguagewhichallowsresidentialdevelopmentwithinthecommercialzonesinareaswhichdoOnotconflictwithgroundlevelcommercialareas.In order to keep the language regarding specific usesconsistentwithinbothcommercialzones,some changes have also been made to the C-1 zone.Also theManufacturedHomeParksregulationswereamendedtodeletethatmanufacturedhomeparksareapermitteduseintheC-2 zone.
The ordinance amending Chapter 18.28 of the Moses Lake Municipal Code entitled "C-1,Central BusinessDistrictZone"was read by titleonly.
Action Taken:Mr.Porter moved thatthefirst reading of theordinance be accepted and thesecond readingandapublichearingbescheduledforOctober9,seconded by Mr.Tracy,and passed unanimously.
The ordinanceamendingChapter 18.32 oftheMoses Lake MunicipalCode entitled"C-2,General CommercialandBusinessZone"was read bytitleonly.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the first reading oftheordinancebe accepted and thesecond readingandapublichearingbescheduledforOctober9,seconded by Mr.Blackwell,and passed unanimously.
The ordinance amending Chapter 18.65 of the Moses Lake Municipal Code entitled"Manufactured HomeParks"was read bytitleonly.
Action Taken:Mr.Blackwell moved that the first reading of the ordinance be accepted and the secondreadingandapublichearingbescheduledforOctober9,seconded by Mr.Porter,and passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
BROADWAYWATER EXTENSION PROJECT -WORK AFTER DARK
The Broadway Water Extension Project includes the crossing on Highway 17.Since thisis a state highway,O the city requested permission from the Department of Transportation (DOT)to cut the highway rather thanboreunderneathit.The DOT allowed the open cutwiththe stipulationthatthework be done between 8 p.m.and 5 a.m.Under city ordinance power equipment cannot be operated between 10 p.m.and 7 a.m.AvariancewasrequestedtoallowChris'Excavation to work between hours of 10 p.m.and 7 a.m.to crossHighway17.
Action Taken:Mr.Blessing moved thata variancebe granted toallowChris'Excavation towork between thehoursof10p.m.and 7 a.m.to construct the water line across Highway 17,seconded by Mr.Porter,andpassedunanimously.
WAL-MARTEXPANSION -WORK AFTER DARK
Bateman-Hall,Inc.,contractor for theWal-Martconstruction,requested a variance of the city's prohibition totheoperationofpowerequipmentbetweenthehoursof10p.m.to7 a.m.
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CITYCOUNCIL MINUTES:4 September 25,2001
Russell Lyday,Bateman-Hall,stated thattheproject willbe intwophases.The first phase is the demolition
of thewalls of the current store which they prefer to do at night tolessen the hazards to the public.This first
phase willtakeabout a week andwillbegin about October 20,2001.The second phase willbegin towards
the end of January and into February.
Action Taken:Mr.Tracy moved that a variance be granted toallow Bateman-Hall,Inc.to workbetween thehoursof10p.m.and 7 a.m.,seconded by Mr.Reese,and passed unanimously.
WASTEWATER DISCHARGE PERMIT -EFTC
A new industrial wastewater discharge permit has been prepared for EFTC's electric circuit board assembly
business located at 7966 Andrews Street.The permit is comparable with the state wastewaterdischarge
permit that has been issued bytheDepartment of Ecology.
Gary Harer,Municipal Services Director,stated thatthisbusiness used to be called Sunstrand.The permit
isfor thedischarge ofabout 1,000 gallons per day to the Larson Wastewater Treatment Plant.
Action Taken:Mr.Blackwell moved thatthe permit be approved,seconded by Mr.Reese,and passed
unanimously.
WASTEWATER DISCHARGE PERMIT -VERN'S MEATS
A new industrial wastewater discharge permit has been prepared for Vern's Meats located at 2721 W.
Peninsula Drive.The permit is comparable with the state wastewater discharge permit issued by the
Department of Ecology.
Gary Harer,Municipal Services Director,stated that the permit is for the discharge of about 10,000 gallons
per day tothe Sand Dunes Wastewater Treatment Plant.
Action Taken:Mr.Blessing moved thatthe permit be approved,seconded by Mr.Porter,_and passed
unanimously.
NON-AGENDA ITEMSAND PUBLIC QUESTIONSAND COMMENTS
BUILDON UNPLATTED PROPERTY -THORNTON
NewtThornton,1311 Road 4 SE,requested a sign,car lot,and office at 1110 Broadway,with storage inthe
rear.
Gilbert Alvarado,Community Development Director,pointed out that the land inquestion is unplatted.The
placement of a sign will require approval from the Council to build on unplatted property,There is an
apartment comple×on thesiteand to convert a unitto an officerequires compliance withthe Uniform Building
Code.He mentioned that Mr.Thomton needs totalkto theCommunity Development Department.
COUNCIL QUESTIONS AND COMMENTS
COUNCIL MEETINGS
Mr.Blackwell mentioned thatseveral people have suggested that.the city televise its Council meetings.
There was some discussion and the consensus was thatMr.Blackwell should look into the idea and report
back tothe Council.
CITYMANAGERREPORTS AND COMMENTS
BUILDINGOFFICIAL POSITION
Joseph K.Gavinski,CityManager,reported thatLee Creiglow,thecity's BuildingOfficial,has resigned as of
September20.In ordertoprovide for review of projects untilthecity hires a new BuildingOfficial,the citywill
be contracting for inspection services and plan reviews.
Gilbert Alvarado,Community Development Director,explained what the services the contracted company
would provide and the cost to the city.
Joseph K.Gavinski,City Manager,stated thatwhen interviews for the Building Official are scheduled,he
would liketoinclude a Council member and someone from thebuilding/contracting community tosit inon the
interviews.
Mr.Blessing volunteered to sit in on the interviews and recommended that a representative from the local
building association be included.
INVESTMENT REPORT
Joseph K.Gavinski,CityManager,reported thatthe city earned $62,190.64in investment income forAugust
2001.
WEED CONTROL REPORT
Joseph K.Gavinski,City Manager,distributed information on thecity's efforts at weed control.
ROAD GRADER
Joseph K.Gavinski,CityManager,stated thatthecity'sroad grader had developed some serious problems.
Since a new road grader has been budgeted for in the 2002 budget,staffdid not want to puta lotof money
into repairing the current road grader.He mentioned thatthe lease has enough capacityto allow for the
purchase ofa roadgrader at this time.The grader is available througha federal contract which can be used
as allowedby statute.
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CITY COUNCIL MINUTES:5 September 25,2001
Gary Harer,Municipal Services Director,reported thattheroad grader is 15 years old and has been intheshopmostofthesummerforminorrepairs.Atthe present timethehydraulic control assembly is not workinganditwillcost$7,500 to replace it.Itwillcost another$15,000to flush the hydraulic system.
There was some discussion bythe Council.
ActionTaken:Mr.Blackwell movedthatthestaffbe authorized topurchase a new road grader for $183,427fromJohnDeereoffafederalcontract,seconded by Mr.Reese,and passed unanimously.
CITYHALL
O Joseph K.Gavinski,CityManager,distributed maps showing the proposed parking lotlayout for the cityhallcomplex.
No actionwas taken by the Council.
The regular meetingwas recessed at 9:20 p.m.and the Council metinan executivesession to discuss realestatetransactionsandlitigationmatters,The executivesession was adjournedat 9:45 p.m.andthe regularmeetingwasreconvened.
CITY HALL
The Council discussed thecityhall project anddirected stafftobring it back afterfurtherdiscussion withJohnAhhlerrSeguvearrtheæpurchaseofpropneertyacrœsBalsam
ATTE Deputy Mayor
Finance Director
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BEFORE THE PLANNINGCOMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
INTHE MATTER OF THE PENINSULA SCHOOL FINDINGS OF FACT,CONCLUSIONS,AND DE-MAJOR FINALPLAT CISION
1.HEARINGBEFORE THE PLANNINGCOMMISSION.
1.1 _D_ak.A public meetingwas held upon proper notice before theCommission on September 13,2001.
1.2 Proponent.The Moses Lake School District is the proponent of this plat.
1.3 Purpose.The proponent has submitted a plat for property which is legally described upon theplatCitystaffhasconfirmedthepropertydescribedontheplatisthepropertysubmittedforplatting.
1.4 Evidence.The Commission consideredthe following materialsin reachingits decision:
A.The submitted plat.
B.Testimony from theproponent.
C.Written comments from various parties.
2.FINDINGS OF FACT BYTHE PLANNINGCOMMISSION.
Based upon the evidence presented to them,the Commission makes thefollowingfindings offact:
2.1 The proponent is theowner of theproperty.
2.2 The property is currently zoned Public.
2.3 The platting of this property is inthe public interest.
2,4 The final plat is substantiallythe same as the preliminary plat
2.5 The City Engineer's comments willbe addressed prior tofilingof theplat.
3.CONCLUSIONS BYTHE PLANNINGCOMMISSION.
From the foregoing findings of fact the Commission makes thefollowing conclusions:
3.1 The Planning Commission oftheCityofMoses Lake isvested with theauthorityto recommendtotheCityCounciltheadvisabilityofapprovingaplat.
3.2 The plat is properly before the Commission for its recommendation.
3.3 Itis proper at this timefor the Planning Commission tomake a recommendation on this plat.
3.4 Itis in thebest interests and welfareofthe city'scitizens to plat theproperty as proposed.
4.RECOMMENDATION OF THE PLANNINGCOMMISSION.
On thebasis oftheforegoing findings offact and conclusions,itisthe recommendation ofthePlanningCommissionoftheCityofMosesLaketotheCityCounciloftheCityofMosesLakethattheplatbeapproved.
5.FURTHER HEARING BEFORE THE CITYCOUNCIL.
5.1 _Dale.Apublic meeting was held upon proper notice before theCouncil on September25,2001.
5.2 Proponent.The Moses Lake School District is the proponent of thisplat.
5.3 Purpose.The proponent has.submitted a final platforproperty legally described upon theplat.Citystaffhas confirmedthe property described on the plat istheproperty submittedfor platting.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
6.FURTHER FINDINGS OF FACT BYTHE CITYCOUNCIL.
No further evidence was presented tothe CityCouncil.The.City Council adopts those findings offact
made previouslyby the.Planning Commissionas its own.
7.FURTHER CONCLUSIONS BYTHE CITYCOUNCIL
From the foregoing findings of fact the Council makes the folÏowingconclusions:
7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision on
a final plat.
7.2 The plat is properlybefore the Council for its decision.
7.3 Itis proper at this timefor the City Council tomake a decision onthisfinal plat
8.DECISION.
The CityCouncil oftheCityof MosesLake agrees withtherecorrimendation ofthePlanning Commis-
sion and approves thefinal plat.
Richard Pearce,Mayor
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