2001.11.13_000015785
MOSES LAKECITYCOUNCILNovember13,2001
Council Present:Richard Pearce,Ron Covey,Chris Blessing,LarryTracy,Tom Porter,Brent Reese,and LeeBlackwell
MINUTES:Mr.Porter moved thatthe minutes of the October 23 meeting be approved as submitted,seconded by Mr.Blessing,and passed unanimously.
Mr.Blackwell moved that the minutes of the November 6 special meeting be approved as submitted,seconded by Mr.Reese,and passed unanimously.
APPROVAL OF BILLS,CHECKS,AND PREPAID CLAIMS
Action Taken;Dr.Covey movedthatthe bills,checks,and prepaid claims issued be approved,seconded byMr,Porter,and passed unanimously.
Vouchers auditedand certifiedby theFinance Director as requiredby RCW 42.24.080,and those expensereimbursementclaimscertifiedasrequiredbyRCW42,24.090,have been recorded on a listingwhich hasbeenmadeavailabletotheCityCouncil.
Claims:The vouchers included on the below list as modified by the Council and noted upon said listfor theCouncilmeetingofNovember13,2001 for thefunds listed below are approvedintheamountof$827,863.24.
GENERAL FUND $113,404.70 AIRPORT ,163.34STREET23,705.04 AMBULANCESERVICE FUND 2,401.47STREETREPAIR/RECON 163,749.48 UNEMPL COMP INSURANCE 5,095.44STREETIMPROVEMENT16,341.38 SELF-INSURANCE .3,784.74PARK&RECIMPROVEMENT 10,000.00 .CENTRAL SERVICES 25,139.49WATERISEWER60,629.26 EQUIPMENT RENTAL 43,196.48WlSCONSTRUCTION263,281.27 BUILDINGMAINTENANCE 22,529.79SANITATIONFUND73,746.32 MOSES LAKEYOUTH PTF 695.04TOTAL$827,863.24
Prepaid Claims:Prepaid claims approved bytheCityManager accordingtotheprocess established byMosesLakeMunicipalCode3.42.030 and theinternal control policyapproved by theCityCouncil has been recordedonalistingwhichhasbeenmadeavailabletotheCityCouncil.The claims listed below are approvedin theamountof$812,467.33for all funds,
GENERAL FUND $3,202.00 BUILDINGMAINTENANCE 808,668.57CENTRALSERVICES596.76 TOTAL $812,467.33
Prepaid Claims;Prepaid claims approved bytheCityManager according totheprocess establishedbyMosesLakeMunicipalCode3.42.030 and theinternal control policy approved bythe City Council has been recordedOonalistingwhichhasbeenmadeavailabletotheCityCouncitTheclaimslistedbelowareapprovedintheamountof$458,615.82forall funds.
GENERAL FUND $600.25 AIRPORT 30.00STREET61.21 CENTRAL SERVICES 182.52CAPITAL272,675.08 EQUIPMENT RENTAL 184,378.40WATERISEWER383.53 BUILDINGMAINTENANCE 304.84TOTAL$458,615.82
Claim Checks:Checks 11766 through11993 issued onOctober 24,2001 throughNovember 9,2001 wereapprovedforpaymentattheCouncilmeetingheldonNovember13,2001 in the total amount of$2,132,580.11.
Pavroll:The payroll issued on October26,2001 having been approved pursuantto the ruleof theCityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 22978 through23156 in the totalamountof$57,800.45.
Pavroll:The payrollissued onOctober 31,2001 having been approvedpursuant totheruleoftheCityCouncilsetforthinMosesLakeMunicipalCode3.42.040,was paid by checks 23157 through23163 in thetotalamountof$1,152.52.
EMPLOYEEPRESENTATIONS -None
CONSENT AGENDA
Planning Commission Appointment:With the concurrenceof theCouncil,Yvonne Parker was appointed to,the Planning Commission tofillthe vacancy left by Howard Wagner.
Resolution -Accept Donation -Moses Lake Wal-Mart:A resolution was presented which accepts $400fromtheMosesLakeWal-Mart The funds willbe used for the Special Olympics Program.
Resolution -Accept Water MainImprovements -Northwest MobileHome Supply Short Plat:Aresolution waspresentedwhichacceptsthewatermainimprovementsinstalledaspartoftheNorthwestMobileHomeSupplyShortPlat
Resolution -Accept Loan -Larson/Sand Dunes Wastewater Treatment Plants:A resolution was presentedwhichacceptsa$1 millionloan from the PublicWorks Trust Fund for upgrades to theLarson and Sand DunesWastewaterTreatmentPlants.
Resolution -Set Public Hearinq Date -Pine Drive&Northshore DriveVacation:Aresolution was presentedwhichsetsDecember11,2001 as thedate for a public hearing to consider the vacation of a portion of PineDriveandNorthshoreDrive.
Action Taken:Mr.Reese moved thatthe Consent Agenda be approved,seconded byMr.Porter,and passedunanimously.
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CITYCOUNCIL MINUTES:2 November 13,2001
Resolution -Accept Grant -Transportation Study:A resolution was presented which accepts a grant fromQuadcoforacity-wide transportationstudy for future road improvements.
Gary Harer,Municipal Services Director,explainedtheprocess ofapplyingfor thisgrant.
Action Taken:Mr.Blackwell moved thattheresolution be adopted,seconded by Mr.Reese,and passedunanimously.
Resolution -Interfund Loan:A resolutionwas presented which provides for an interfund loan from theWater/Sewer Construction Fund to the Building Maintenance Fund.
Mr.Blessing wanted to knowthe repayment schedule for thisinterfund loan.
Ron Cone,Finance Director,stated that since no repayment schedule was established,the loan is to be
repaidinone year.
Action Taken:Mr.Porter movedthat the resolution be adopted,seconded by Mr.Blackwell,and passed
unanimously.
CONSIDERATION OF BIDS-None
PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
REQUEST TO USE SINKIUSE SQUARE
The Moses Lake Business Association has requested permission to place a small carnival and have amarshmallowroastinSinkiuseSquareinconjunctionwiththeAnnualAgriculturalAppreciationChristmas
Parade.The carnival is requesting toset up onThursdaymorning,November 29,and run throughSaturday
evening,December 1.This would require the closure ofSinkiuseSquare forthe threedays.Themarshmal-
lowroast would take place on Friday evening,Anadditionalevent proposed is an ice sculpture contest.The
artistswouldwork Friday evening and Saturday infront ofvarious businesses .This wouldrequire permission
to use the sidewalks.
Action Taken:Dr.Covey movedthat permission be granted for the use of Sinkiuse Square on November28
throughDecember 1for a small carnival,a marshmallowroast an November 30,and use of the sidewalks
on Friday evening,November 30,and Saturday,December 1for an ice sculpture contest,seconded by Mr.
Reese,and passed unanimously.
ORDINANCE-ADOPT 2002 BUDGET -1"READING
An ordinance was presented which establishes the budget for the year 2002.
Steve Shinn,426 N.Crestview Drive,requested a study session with the Council to review the budget sometimeafterThanksgiving.
There was some discussion but with theholidays and other issues itwas difficulttoset a study session prior
tothe next Council meeting.
The ordinanceadoptingthebudget for theCityof Moses Lake,Washington for the year of 2002 was read by
titleonly.
Action Taken:Mr.Blackwell moved that the first reading of the ordinance be accepted and the second
reading and a public hearing be set for November 27,seconded by Mr.Porter.
There was some discussion by the Council.
The motionpassed unanimously.
ORDINANCE -VACATELAKESIDEDRIVE-17 READINGlPUBLICHEARING
An ordinancewas presented which wouldvacate the portionof Lakeside Drive dedicated on the Hughes
Replat No.1.
GilbertAlvarado,Community Development Director,stated thatthe PUD and Northland Cable have services
within thisright-of-wayand an easement willhave tobe retained for thoseutilities.He mentioned thatingress
from Peninsula Drive is via a dedicated access easement.
There was some discussion by the Council on the location ofthe utilities and the access.
The public hearing was opened.
Joe Wiberg,D &L Foundry,pointed out thatthere is an access easement from Peninsula Drive which
connectswith the dedicated portion ofLakeside Drive.IfLakeside Drive is vacated,there is no provision for
access to Lot i of theHughes Replat No.1,which is owned bythe Molitors.There is a fence around Lot 1,
a portion ofthe dedicated portion of Lakeside Drive,and a portion of Battery OrchardTract 40,which the
Molitors own.Hehas no objectionstothe vacation of Lakeside Driveand thedeeding oftheentire 60'in front
ofeach lotto theadjacent propertyowner.Itwas his contention thatsince the Molitorsownthe property north
ofLakeside Drive,they can provide theirown access to Lot 1 of Hughes Replat No.1.
MitchMolitor,4101 Peninsula Drive,ownerof Lot1,Hughes Replat No.1,stated thatthey bought the property
three years ago.He pointed outthat the Hughes Replat No.1 was platted in 1962 and at thattime Lakeside
Drivewas dedicated.In 2000 the Council directed stafftovacate the portion ofLakeside Drive infrontof the
Hughes Replat No.1.Atthetime of platting itwas the intention that 30'ofthe Lakeside Drive right-of-way
would be given back to BOT 40 and theother 30'givento the Hughes Replat No.1.That is typicalof
vacationsofstreet right-of-way.The fence,which has been in place for40 years,is located on thecenterline
ofLakeside Drive,whichhe felt showedtheintent ofdividing Lakeside Drive down the centerifitshouldever
be vacated.That fence has recentlybeen removed attherequestof the city,since itactually was oncityright-
of-way.Hefelt thatLakeside Diveshouldbe split evenlywith30'going toBOT 40 and 30'goingtoLots 1 and
2 of Hughes Replat No.1.
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CITY COUNCIL MINUTES:3 November 13,2001
MarilynMolitor,4101 Peninsula Drive,was concerned about access to theirproperty and felt that the logicalwaytosolvetheproblemistogiveback30'of Lakeside Drive toeach property owner.
Pat Molitor pointedout that this situationhas existed for 40 years and it is unfortunate thatit has causedproblemsbetweenneighborsatthistime.He requested the Councilrectify the situation.
Jack Leftwich,D &LFoundry,stated he lives in thehouse on Lot 2.He pointed outthatthe problem is thatbecauseofthefence,delivery trucks,schoolbuses,and the like,cannot use the right-of-way toturnaround.They back upto within3'of the front door of his house.He requested theMolitors tomove thefence totheedgeoftheright-of-way in order to rectify the problembuttheyobjected tothatso he parked a truckintheway.
Action Taken:Dr.Coveymovedthat the public hearing be closed,seconded by Mr.Blessing,and passedunanimously.
There was considerable discussion bytheCouncil and the property owners were questioned on whether ornottheycouldworkoutanagreement.Itwas felt by the property owners that they couldnot agree on asolutionandtheyrequestedtheCounciltoaddresstheissue.
MikeWyman,ActingCityAttorney,recommendedthatinconsiderationofthe publicinterest,thecitymaywanttoretaina20'strip of land from theexistingeasement tothe lotline between Lots 1 &2 of Hughes Replat No.1 in order to avoid possibly a landlocked Lot 1 in thefuture.
There was additional discussion bythe Council and itwas pointed outthatthe.city cannotdeed back theright-of-wayusing the centerline of Lakeside Drive.The full 60'of right-of-way has tobe deeded back tothe ownersofLots1and2,Hughes Replat No.1.
The ordinance vacating a portion af Lakeside Drive was read by titleonly.
Action Taken:Mr.Blessing moved thatthefirstreading of the ordinance be accepted withthestipulation thataccesseasementsbeprovidedtoLots1and2,and an easement be retained for the existing utilities,seconded by Mr.Porter,and passed unanimously.
ZONING ORDINANCE -R-2 ZONE SETBACKS
Ray Pittser,623 S.Burress,has requested the setbacks within the R-2 Zone be changed.He wishes toconstructadetachedbuildingwhichwouldencroach4'into the required O'side yard setback.
Gilbert Alvarado,Community Development Director,explained that Mr.Pittser wishes to have the setbackschangedsothathecanconstructabuildingwithin4'of his side lotline.Achange to thesetbacks would affectallR-2 zoned property.
O Action Taken:Dr.Covey moved thatthe request toamend the zoning regulations be denied,seconded byMr.Reese,and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE-JUNIPER DRIVEVACATION-WAIVE FEES-2"°READING
Grant Mental Healthcare requested thatthecitywaive the fees in conjunctionwiththe vacation of JuniperDrive.
The ordinance amending Ordinance No.2025 which vacated a portion of Juniper Drivewas readby titleonly.
Action Taken:Mr.Porter moved thatthe second reading of the ordinance be adopted,seconded by Dr.Covey,and passed unanimously.
ORDINANCES -PROPERTY TAXES/TAX LEVY-2ND READINGS
Ordinances were presented which would fixthe estimated amount to be received by theCityof Moses Lakefrompropertytaxesandsetsthelevyrate.
The ordinancefixingtheamountto be received for municipal purposes from taxationsonassessed valuationsonpropertywithintheCityofMosesLake,Washington for 2002 was read by titleonly.
Action Taken:Dr.Covey moved that thesecond reading of the ordinance be adopted,seconded by Mr.Blackwell,and passed unanimously.
The ordinance fixingthe estimated amounttobe receivedfor municipalpurposes from taxationson assessedvaluationsonpropertywithintheCityofMosesLake,Washington for 2002 was read by titleonly.
Action Taken:Mr.Porter moved that thesecond reading of theordinancebe adopted,seconded by Dr.Covey,and passed unanimously.
ORDINANCE -STREET NAMECHANGES -2ND READING
An ordinancewas presented which changes the names of streets connected with the new |-90 interchangeatWestBroadwayandalsomakessomehousekeepingchanges.
The ordinance amending Chapter 12.32 of the Moses Lake Municipal Code entitled "Addresses and StreetNames"was read by titleonly.
Action Taken:Mr.Porter moved that thesecond reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously.
RESOLUTION -BANKINGAND RESERVING LEVYCAPACITY
A resolution was presented which would project the city's taxingcapacity in the event itbecomes necessaryinthefuture.
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CITYCOUNCIL MINUTES:4 November 13,2001
Joseph K.Gavinski,CityManager,explained thereasons for protecting the difference between the citycould
have levied at its maximumallowable6%property tax increase and the amount it has actually fevied.
The resolution"banking"and reserving thecity'slevycapacitywas read by titleonly.
Action Taken:Mr.Porter moved that the resolutionbe adopted,seconded by Mr.Blessing,and passed
unanimously.
RESOLUTION -BUILDON UNPLATTED PROPERTY -D &LFOUNDRY
A resolution was presented which wouldallowD &L Foundry toconstruct a private riding arena at 12970
Road 3 NE,Tax #11198.This property is located in a Heavy Industrial Zone.
Gilbert Alvarado,Community Development Director,requested direction from theCouncil on whether or not
to include the requirement for infrastructure improvements,curb,gutter,and sidewalk,in this resolution.
Aftersome discussion the Council determined thata covenant for future infrastructure improvements would
not be required at thistime.
The resolution allowing D &L Foundry,Inc.to buildon unplatted propertywas read by titleonly.
Action Taken:Mr.Blackwellmoved thatthe resolutionbe adopted,seconded by Mr.Tracy,and passed
unanimously.
REQUESTS TO CALLFOR BIDS -None
REFERRALS FROMCOMMISSIONS
ANNEXATION-DEPARTMENT OFTRANSPORTATION RIGHTS-OF-WAY
The Department ofTransportation has submitted a Notice of Intent toCommence Annexation Proceedings
withregard toits rights-of-way withinthe city's limitsthathave notpreviously been attached totheannexation
of adjacent property.The Planning Commission recommended that the Notice of Intent be accepted.
Joseph K.Gavinski,CityManager,pointed out that since theproperty in question is right-of-way,neither
zoningnor existing indebtedness isan issue,He mentioned thatiftheCouncil approves the annexation,that
portion of Pioneer Way within the city's boundaries that has notyet been annexed willalso be included.
Action Taken:Mr.Blackwell moved that the Notice of Intent be accepted,the portion of PioneerWay not
already annexed be included,and staff be directed to draft the Petition for Annexation,seconded by Mr.
Reese,and passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
FIREDISTRICT #5 -MUTUAL ANDAUTOMATICAID RESPONSE
An agreement between thecityand Fire District#5 has been negotiated subsequentto the arbitration hearing
on the asset redistributionissue.Ratification of the City Manager's execution of this agreement was
requested.
Action Taken:Dr.Covey moved that the City Manager's executionof theagreement be ratified,seconded
by Mr.Porter,and passed unanimously.
CITYHALL
Joseph K.Gavinski,CityManager,stated that the Council has tentatively agreed ona design forthe new city
hall but a questionarose overthe placement ofthe building on the property.Parking was considered inboth
the front and rear of the proposed building.
GilbertAlvarado,CommunityDevelopment Director,distributed a mapshowingthe parking layouts that have
been discussed.He pointed outthatthere are existingwater and sewer lines directly behind the proposed
buildinglocation.There isalso 134 parkingspaces located alongFourth Avenue.He poínted outthatthe new
parking areas behind the proposed city hall and the police building correct the existing parking deficiencies
but do not provide for any parking in front of the new city hall.
Dr.Covey suggested that ifthe srnaller building is constructed,it should be built in such a way that anexpansioncanbeaddedoninthefuture.
Mr.Tracy requested information on where the existing water and sewer lines and other facilities are located
and the cost of moving those utilities.
Mr.Pearce also felt that an expansion in the future should be provided for when the new building is
constructed.
Staff was directed to provide information on the existingutilities.
SINKlUSE SQUAREIMPROVEMENT PROJECT
The city applied for fundingfrom the county's Strategic Infrastructure Program Committee for improvements
toSinkluse Square.The Committee recommended thatthe improvements not be fundedbecause of a lack
of information concerning the proposed private participation.Direction from Council was requested on
whether or not the cityshould resubmit thisapplication tothe Committee withrefinements.
Joseph K.Gavinski,City Manager,stated thatthe city has twooptions at this timewith regard to the
improvements to SinkiuseSquare -leave itfor thepresent timeor go back and add additional information to
theprivate participationpart,which the Committeefelt was a weakness in the city's application.
There was some discussion bytheCouncil and itwas theconsensus thatstaffshouldresubmit theapplication
with additionalinformation.
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CITY COUNCIL MINUTES:5 November 13,2001
CLOVER WATER/SEWER RElMBURSEMENT
New water and sewer mains were installed toservicethe adjoining property owners inthe realigned portionofCloverDrive.Staffrecommendedthat reimbursement not be set upforthese newwater and sewer mainssincethesepropertiescouldhaveconnectedtotheexistingwaterandsewermainsiftherealignmentofCloverDrivehadnottakenplace.The property owners paid for the pre-existing water and sewer mainsthroughLID#46.Council direction was requested on whether or not a reimbursement scheduled should beestablishedforthewaterandsewermainsinstalledintherealignedportionofCloverDrive.
Gary Harer,Municipal Services Director,stated that a new water line and a short sectionof sewer linewasincludedalongtherealignedportionofCloverDrive.Since theproperty owners had previously been providedOwithandpaidforwaterandsewerservice,staff was uncertain whetheror notreimbursement ofthenew waterandsewermainsshouldberequired.
Itwas theconsensus oftheCouncilthatthe propertyownersalongtherealigned Clover Driveshould not berequiredtoreimbursethecityforthenewwaterandsewerlines.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
COMPLAINT-THOMASON
Mr.Peace statedthata letter had been received fromMr.Thomason concerning theproblems associated withactivitiesattheCCDCenterandrequestingthecitytoaddresstheissue.
Joseph K.Gavinski,City Manager,explained thatthePolice Department has responded tocomplaints fromthisarea.
After some discussion it was theconsensus ofthe Council thatthecity had responded in an appropriatemannerandthatalettershouldbesenttoMr.Thomason to thateffect.
AGCCTMEETING
Mr.Pearce stated thata specialAGCCT meeting was held on Monday,November 12,and itwas determinedtorequesttheCountyCommissionersreconvenetheCommitteeontheCounty-Wide Planning Policies.
CITY MANAGER REPORTS AND COMMENTS
AMBULANCEREPORT
Joseph K.Gavinski,City Manager,distributed the October report on theambulance service.
Ron Cone,Finance Director,e×plained thereports totheCouncil.
BUILDINGACTIVITYREPORT
Joseph K.Gavinski,City Manager,distributed the building activityreport for October 2001.
BUILDINGOFFICIAL
Joseph K.Gavinski,City Manager,reported thatthe city had received no responses totheadvertisementsforaBuildingOfficialthathadaBuildingOfficialcertification.The cityis re-advertising for theposition butthiswillrequirethecontinueduseofcontractpersonneltodothebuildinginspections.An adjustment totheCommunityDevelopmentDepartmentbudgetwillbenecessarytocoverthecostofthecontractpersonnel.
INVESTMENT REPORT
Joseph K.Gavinski,City Manager,reported that the city received $50,838.44 in investment income forOctober2001.
SALES TAX/TRANSIENT RENTALINCOME
The cityreceived $280,917.70from sales taxincome and $40,327.30intransientrental income forthe monthofOctober2001.
SOLID WASTE ADVISORYCOMMITTEE -NEW MEMBERS
Joseph K.Gavinski,CityManager,stated thattheSolidWaste Advisory Committee islookingto recruit somenewcommitteemembersandwouldappreciateanyrecommendationstheCouncilorstaffcouldprovidetofillthethreevacantseats.
SOLID WASTE RATES
Joseph K.Gavinski,CityManager,stated thatthe county has increased the solid waste disposal rates attheEphrataLandfillanddropboxsites.The rates willbe effectiveDecember 31,2001.
HOSPITAL AGREEMENT
Joseph K.Gavinski,City Manager,stated that the Hospital Board has approved the inter-local agreementbetweenthecityandthehospitaldistrictTheHospitalBoardwouldalsoliketodiscusstheissueofpatienttransfers.
The regularmeetingwas adjournedat 10:25 p.m.
ayor
l inance Director