2002 07 09MOSES LAKE CITY COUNCIL
July 9,2002
5868
CouncilPresent: Lee Blackwell,Larry Tracy, Brent Reese,Chris Blessing, Ron Covey and Richard
Pearce Absent:Steve Shinn
MINUTES:Mr.Blessing moved that the minutes of the June 25 meeting be approved as
submitted,seconded by Mr.Reese,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved,
seconded by Dr.Covey,and passed unanimously.
,—^Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and thoseexpensereimbursementclaimscertifiedasrequiredbyRCW42.24.090,have been recorded on
a listing which has been made availableto the CityCouncil.
Claims:The vouchersincluded onthe below list as modified bythe Council andnoteduponsaid
listforthe Councilmeeting of July 9, 2002 forthe funds listed below are approved inthe amount
of $1,250,894.11.
GENERAL FUND $68,754.74 SANITATION FUND 72,866.32
STREET 44,267.06 AIRPORT 407.80
STREET REPAIR/RECON 754.60 AMBULANCE SERVICE FUND 61,936.36
EQUIPMENT LEASES 2,229.54 AMBULANCE DEBT SERVICE 614.29
PWTF LOAN -STRATFORD 40,266.50 SELF INSURANCE 852.68
WATER/SEWER 80,089.59 CENTRAL SERVICES 28,770.93
1992 BOND FUND 548,405.00 EQUIPMENT RENTAL 28,122.33
W/S CONSTRUCTION 460.88.51 BUILDING MAINTENANCE 27,041.06
WATER/SEWER LEASES 1,022.64 FIREMANS PENSION 3,200.00
PWTF W/S D/S 240,831.79 TOTAL $1,250,894.11
Prepaid Claims:Prepaid claims approved bythe City Manager according tothe processestablished
by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the CityCouncilhas been recorded on a listing whichhas been made available to the City Council.The
claims listed below are approved in the amount of $29,416.09 for allfunds.
GENERAL FUND $689.18 AMBULANCE SERVICE FUND 2,485.25
STREET 3.10 CENTRAL SERVICES 160.74
WATER/SEWER 18,341.59 EQUIPMENT RENTAL 88.51
SANITATION 7,647.72 TOTAL $29,416.09
/J Prepaid Claims:Prepaid claimsapprovedbythe City Manager according tothe processestablishedV^X by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City
Council 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 $277.25 for all funds.
GENERAL FUND $272.47
CENTRAL SERVICES 4.78
TOTAL $277.25
Claim Checks:Checks 15015 through 15 177 issued on June 26,2002 through July 5,2002 were
approved for payment at the Council meeting held on July 9, 2002 in the total amount of
$767,561.47.
Payroll:The payroll issued onJune 28,2002 having been approved pursuant tothe rule ofthe City
Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 26634 through
26648 in the total amount of $3,167.40.
Payroll:The payroll issued on July5, 2002 havingbeen approved pursuantto the ruleofthe City
Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 26649 through
26947 in the total amount of $90,147.88.
PROCLAMATION
A proclamation declaring July 14-20,2002 as National Aquatic Week was read in its entirety.
EMPLOYEE PRESENTATIONS
Police Department:Fred Haynes,Police Chief,was presented with a certificate for 30 years of
service to the city.
U Engineering Division: Dean Turner,Engineering Technician III,was presented with a certificate
for 30 years of service to the city. John Christensen,Engineering Technician II,Shawn O'Brien,
City Engineer, and Ramiro Munoz,Engineering Tech II were presented with certificates for 10
years of service to the city.
Finance Department:Robert (Bob)Taylor,Accounting Division Manager,and Richard Bisnett,
Utility Account Technician,were presented with certificates for 10 years of service to the city.
Executive Department:Maxine Ivory,ExecutiveSecretary,was presented with a certificate for 10
years of service to the city.
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CITY COUNCIL MINUTES: 2 July 9,2002
CONSENT AGENDA
I0V^Resolution -Accept Donation -Special Olympics Supporters:A resolution was presented which
accepts a donation of $500.40 from Candy Davis and participants of the Special Olympics car
wash.The funds are to be used for the Special Olympics Program.
JOVS'Resolution - Accept Improvements -Furniture West Paver Project:A resolution was presented
which accepts sidewalk improvements as part of the Furniture West Paver Project.
//*?{*Resolution - AcceptWater Main -Wal-Mart Stores Addition No.2:A resolution was presented
which accepts the water main improvements constructed as part of the Wal-Mart Stores Addition
No. 2 Major Plat.
Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Tracy,
and passed unanimously.
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
IIjU CIVIC CENTER PARK -RESTROOMS
The Columbia Basin Farmers Market requested the construction of restroom facilities atthe Civic
Center Park.The Farmers Market is held at this location from June through October.The only
restroom facilities available are at the library and the police station.The library does not open until
9 a.m.and the police station opens at 8 a.m.Vendors begin arriving at 5:30 a.m.and the public
at 7:30 a.m.
Cheryl Baker,President,Columbia Basin Farmers Market and Craft Bazaar,stated thatthey have
been discussingthe need for restroom facilities atthe Civic Center Park foracoupleofyears. The
only restrooms available are in the library and the Police Department and they arelocated an
inconvenient distance away.Also,the library does not really want to accommodate the people at
the Farmer's Market because of the high volume.There are about 2,000 to 3,000 people every
Saturday at the Farmer's Market. A restroom at the Civic Center Park would benefit the generalpublicaswellastheFarmer's Market.She mentioned thatsome funds are available and perhaps
the Job Corps could construct the facility.
Joseph K.Gavinski,City Manager,stated that water/sewer funds can be used to build public
facilities such as restrooms.He pointed out that General Fund monies are not available for a
project of this type atthis time. He mentioned that the Job Corps usually constructs projects where
funding is not available and so there is no competition with construction firms. He mentioned thatself-help funds are available for projects but the project must be worth three times the amount of fV.
self-help funds requested.'
There was some discussion by the Council and staff was directed to look into the design and cost
of a restroom facility at the Civic Center Park and to provide some port-a-potties as a short term
solution.
/.3U PRO-RATE UTILITIES
Ed B.Stubington,6200 Turnkey Road,requested the city consider pro-rating utility charges.He
pointed outthat currently the city charges for a full month'sserviceeven if it is only usedfor part
of the month.
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There was some discussion by the Council, and staff was directed to look into the issue of pro
rating utility service.
ORDINANCES -TITLE 16/PUBLIC HEARING
Joseph K.Gavinski,City Manager,mentioned thatthe ordinances concerning Title 16need some
additional review and requested that the public hearing be continued.
Action Taken:Mr.Blessing moved that the publichearing on Title 16 be continued,seconded by
Mr.Reese,and passed unanimously.
RESOLUTION -SIX YEAR STREET PLAN -PUBLIC HEARING
A resolution was presented which adopts the six-year street plan.
The resolution amending the Six Year Transportation Improvement Program for 2003-2008 was
read by title only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Blessing moved that the publichearing be closed,seconded by Mr.Reese,and
passed unanimously.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Tracy,and
passed unanimously.
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CITY COUNCIL MINUTES:3 July 9,2002
ORDINANCES AND RESOLUTIONS
ORDINANCE -CREATE A PUBLIC FACILITIES DISTRICT -2ND READING
An ordinance was presented which createsa public facilities district.The formation ofthisdistrict
wassuggested bythe city'sdowntown revitalization consultants.Withthe formation ofthe district,
ifany facilities are constructed which meet the requirements of law,state matching funds can be
provided.
The ordinancecreatinga public facilities district pursuantto RCW 35.57,including the authority to
_acquire,construct,own, finance, and operate a regional center was read by title only.
^—'Action Taken:Mr.Tracy moved that the second reading of the ordinance be adopted,seconded
by Dr.Covey,and passed unanimously.
ORDINANCES -AMENDING TITLE 2 -1st READING
Ordinances were presented which amend chapters dealing with the appointments ofcommission
members.
Mr.Pearce feltthat the proposed changes will clarifythe appointment process for the city's various
commissions.
ActionTaken:Mr.Pearcemovedthatthisitembe removed from thetable,seconded by Dr.Covey,
and failed with Mr.Pearce,Mr.Reese,and Dr.Covey infavorand Mr.Blessing,Mr.Tracy, and Mr.
Blackwell opposed.
The ordinance amending Chapter 2.44 of the Moses Lake Municipal Code entitled "Park and
Recreation Commission was read by title only.
Mr.Tracy pointed out that the change would be to allowtwo additionalmembers on the Park and
Recreation Commission who reside in the city's Urban Growth Area.
Mr.Pearce pointed outthat the proposed ordinances dealing withthe appointment of commission
ers is tied intoChapter2.08 andthey should be considered atthe same time as Chapter2.08.
Action Taken:Mr.Pearce moved that the ordinances relating to Chapters 2.44, 2.46, 2.48 and2.50 be tabled,seconded by Dr.Covey,and passed with Mr.Pearce,Dr.Covey,Mr.Reese, and
Mr.Blackwell in favor and Mr.Blessing and Mr.Tracy opposed.
ORDINANCE -WATER CONNECTION FEES -1st READING
K^yJ An ordinance was presented which increases the rate charged for new water meters by $130.he
increase will cover the cost of the new water meters with radio readouts.Staff requested radio
readouts forall new meterinstallations and to retro fit allexisting meters with radio readouts.The
retrofit project will take approximately 5 years.Radio readouts will greatly increasemeter reading
efficiency,employee and citizen safety, and enable the cityto read the meters during the winter
months.
The ordinance amending Chapter 3.58 of the Moses Lake Municipal Code entitled "Water
connection Fees"was read by title only.
Ron Con, Finance Director,explained that the additional $130 is only for newly installed meters.The citywill absorbthe cost for the retro fit of existing meters. He explained that with this new
meter reading system, the meter lids will nothaveto be disturbed.The meters can be read from
300'to 500'away and through water, soil, and buildingwalls.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
Mr.Pearce,and passed unanimously.
ORDINANCE -SIDEWALK CONSTRUCTION -1st READING
An ordinance was presented whichwould allow abuttingpropertyownersthe use ofthe first 3'ofright-of-way from the property line in commercial zones.Thiswould allow property owners to place
certain items on the sidewalks.
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The ordinance amending Chapter 12.12 of the Moses Lake Municipal Code entitled "Sidewalk
Construction"was read by title only.
There was some discussion bythe Council and itwas felt thatthe items on sidewalksshouldbe
limited to the C-1 Zone.„
ActionTaken:Mr.Blessing moved that the ordinance be changed to only address the C-1 zoneandthefirstreadingof the ordinance be adopted,seconded by Mr.Reese, and passed unani
mously.
ORDINANCE -REPEAL 13.07-1st READING
An ordinance was presented which repeals Chapter 13.07 of the Moses Lake Municipal Code
entitled"CrossConnection Control".This chapter will be replaced with new regulations.
The ordinance repealing Chapter 13.07 of the Moses Lake Municipal Code entitled "Cross
Connection Control"was read by title only.
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CITY COUNCIL MINUTES:4 July 9,2002
Action Taken:Mr.Tracy moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
\OT>ORDINANCE -CREATE 13.09 - 1st READING
An ordinance was presented which creates Chapter 13.09 dealing with cross connection controls.
The ordinance creating Chapter 13.09 of the Moses Lake Municipal Code entitled "Cross
Connection Control"was read by title only.
Gary Harer,Municipal Services Director,stated that staffwould liketo add that watertankertrucks,
flush trucks and on-board tanks be required to have an airgap. This will prevent any water in the
tanks from entering the city's system.
Action Taken:Mr.Reese moved that the ordinance be amended to include back flow prevention
for watertanker trucks,flush trucks,and on-broad tanks,and the first reading of the ordinance be
adopted,seconded by Dr.Covey,and passed unanimously.
./)RESOLUTION -BUILD ON UNPLATTED PROPERTY -MERICOM
A resolution was presented which would allow Mericom Corporation to construct a wireless
telecommunications tower and associated buildings on Tax #5542,which is owned by Lake Auto
Parts.
The resolution allowing Mericom Corporationto buildon unplatted property owned by Lake Auto
Parts was read by title only.
Action Taken:Mr.Tracy moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
REQUEST TO CALL FOR BIDS
/•u*u?SEWER LINING PROJECT - 2002
Staff requested authorizationto callfor bids forthe 2002 sewerlining project.The projectconsists
of lining 3,950 feet of 8"concrete sewer linethat is located in the alley between Third Avenue and
Broadway Avenue from Broadway Avenue to Broadway Avenue.Options will be included in thebidforrefiningthe8"concrete sewer mainsalong Florence Street and Interlake Road.
Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Reese,
and passed unanimously.
REFERRALS FROM COMMISSIONS
jq/3 ORDINANCE -ABANDON EASEMENT -CATHOLIC CHURCH
The Catholic Church has requested the partial abandonment of an easement lying between Lots
3 and 4 of Knolls Vista 18th Addition.
The ordinance abandoning an easement in Knolls Vista 18th Addition was read by title only.
Action Taken:Mr.Tracy movedthatthe first reading ofthe ordinance be adopted,seconded by
Mr.Pearce,and passed unanimously.
/&j>LAKELAND ADDITION 111 FINAL PLAT
Phil Bloom,Columbia Northwest Engineering,has submitteda final plat for asixteen lotmajor plat
located on Lakeland Drive offof Nelson Road. The Planning Commission recommendedthatthe
final plat be approved with the stipulation that the comments of the City Engineer be addressed.
Action Taken:Mr.Tracy moved that the final plat be approved with the stipulation that the
comments ofthe City Engineer be addressed and the Findings of Fact be accepted,seconded by
Mr.Reese,and passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
//^PUD -VARIANCE FOR UNDERGOUNDING UTILITIES IN DOWNTOWN
A variance has been granted to the PUD tothe requirement to place distribution lines underground
in the downtown area.After the granting of the variance,the city's consultants on the downtown
revitalization and rehabilitation project neld interviews with members of the community whoexpressedconcernabouttheoverheadlinesinthedowntowncore.f\
The cityhas received letters from Swartz Brothers Investments, BarCar Investments,Chandler
Properties,Furniture West,Danny Litowitz, Don Goodwin,and Maiers Development Corporation
in opposition to the granting of the variance.
Steve McFarland,President,Moses Lake Chamber of Commerce,submitted a letter which
requested that the PUD be required to place their lines underground.
Ralph Kincaid,Windemere Real Estate,and member ofVision 2020,felt that the Council should
not grant a variance to the PUD to place their lines overhead.
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CITY COUNCIL MINUTES: 5 July 9,2002
David Leland,consultant on downtown revitalization,distributed pictures of the overhead power
lines inthe downtown area.Othercommunitieswho havedone revitalization efforts haveall placed
the overhead lines underground.He pointed out that the buildings along Third Avenue are about
150 feet deep and retail stores generally only use about 60'.It is possible to revitalize the rearportionofthesebuildingsifthealleycanberedeveloped.Currently thealleys are very unattractive.
The Council needs to.keep in mind the revitalization of the downtown in order to stimulate
investment by the private sector.
P. J.DeBenedetti,Vision 2020 Chairman,felt that the overhead lines should be placed under
ground.
Larry Peterson felt that itwould be nice to have the lines underground but he felt that the costwouldbeprohibitive.He pointed outthat placing the linesoverhead will cost about$300,000and
placing them underground will cost about $2.5 million.
Ron Reese,PUD,statedthatinrequestinga variance the PUD was trying to provide the mostcost
effective way of providing electrical additions to Moses Lakewithout undue financial burden to the
restofthe ratepayersinGrant County.He pointed outthatthe newoverheadlineswouldbe more
aesthetically pleasing than the existing lines and would blend with the background as much as
possible.He mentioned that the alley is only20'wide and already has water,sewer,and gas lines
underground.He pointed outthat the line would be a main feeder and willrequiretransformers and
switch gears.There will need to be 2 or 3 transformers per block as well as 2 pieces ofswitch gearperblock.Hewantedto knowifthe citywould require the telephone and cableTVto place their
lines underground also. Ifnot,the poleswouldstill be in place.
There was considerable discussion by the Council and itwas requested that the PUD meet with
the television and telephone companies concerning the proposed undergrounding and also talk
with the Vision 2020 group and the consultants.
Craig Jorgensen,PUD,pointed out that the property owners may also be impacted by theundergroundingof the distribution linesdue to the need for changes to the building or service
equipment to accommodate the change from overhead to underground.
Dave Chandler,Chandler Properties,stated that they own property that would be impacted by
changing the serviceto underground and hewas in favor ofthat. The property ownersare being
requested to make significant investments in the property and he was strongly in favor of
undergrounding the electrical lines.
Mike Hamilton,Michael's on the Lake,stated that many peoplehave putina lot of time on theVision2020 and he supportedthe undergrounding of all the utilities.
Action Taken:Mr.Pearce moved that the re-consideration of the variance request to the PUD be
tabled until the first meeting in August,seconded by Mr.Tracy,and passed with Mr.Blackwell and
Dr.Covey opposed as they felt the variance should be rescinded.
STREET LAYOUT -LOWER PENINSULA
A mapwas submittedshowinga proposedstreet layoutfor the LowerPeninsula.Thisstreet layout
provides accessto tax parcels, provides good trafficcirculation,prevents land locked parcels, and
provides for looped water mains. A street layout plan will provide guidance for both staff and
developers when these areas are platted.
Mr.Peace felt that the street layout should be approved but suggested that the property owners
on the Lower Peninsula be notified.
Mr.Blessing felt that input from the property owners should be solicited on this street layout.
Mr.Reese also felt that property owners should be given a chance to comment on the proposed
street layout.
Joseph K.Gavinski, City Manager, pointed out that this a conceptual plan and when property is
platted,something different may be proposed.
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There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the conceptual street layout plan for the Lower Peninsula
be adopted,and that a meeting be set up with the affected property owners,seconded by Dr.
Covey,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
HEALTHY COMMUNITIES
Mr.Blackwell stated that on July 24,Maxine Hayes,Director,Washington State Department of
Health,will be in Moses Lake.There will be a meeting and awalk down ThirdAvenue from the Fire
Station to the Aquatic Center.
WALK ACROSS WASHINGTON y/C
Mr.Blackwell stated that he has received information on the walking stick for the Walk AcrossWashingtonevent. The walking stickisto include an apple,wheat,salmon,a walking path,and
the date.
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CITY COUNCIL MINUTES:6
CITY MANAGER REPORTS AND COMMENTS
SALES TAX/TRANSIENT RENTAL INCOME
July 9,2002
Joseph K.Gavinski, City Manager, reported that the city received $264,967.27 in sales
$21,351.54 in transient rental income in June 2002.
INVESTMENT REPORT
The investment report shows the city received $19,782.27 in income for June 2002
The regular meeting was adjourned at 9:35 p.m.
ATT ayor
Finance Director
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tax and
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE LAKELAND ADDITION
III FINAL MAJOR PLAT
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public meetingwas heldupon proper noticebeforethe CommissiononJune 27,2002.
1.2 Proponent.Lakeland Development is the proponent of this plat.
1.3 Purpose.The proponenthas submitted a platfor property whichis legally described uponthe
plat.City staff has confirmed the property described on the plat isthe property submitted for
platting.
1.4 Evidence.The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based uponthe evidence presented to them, the Commission makes the following findings of fact:
2.1 The proponent is the owner of the property.
2.2 The property is currently zoned R-1,Single Family Residential.
2.3 The development is consistent with the Comprehensive Plan.
2.4 The final plat is consistentwith the preliminary plat.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission of the City ofMoses Lake is vestedwith the authority to recommend
to the City Council the advisability of approving a plat.
3.2 The plat is properly before the Commission for its recommendation.
3.3 Itis proper at this time forthe Planning Commission to make a recommendation on this plat.
3.4 Itis in the best interests and welfare of the city's citizens to plat the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basisof the foregoing findings of fact and conclusions,itis the recommendation of the Planning
Commission ofthe City of Moses Lake to the City Council ofthe City of Moses Lake that the plat be
approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public meeting was held upon proper notice before the Council on July 9,2002.
5.2 Proponent.Lakeland Development is the proponent ofthis plat.
5.3 Purpose.The proponent has submitted a preliminary plat for property legally described upon
the plat. City staff has confirmed the property described on the plat is the property submitted
for 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 BY THE CITY COUNCIL
No further evidence was presented to the CityCouncil.The CityCounciladopts those findingsof fact
made previously by the Planning Commission as its own.
7.FURTHER CONCLUSIONS BY THE CITY COUNCIL.
From the foregoing findings of fact the Council makes the following conclusions:
7.1 The CityCouncil of the City of Moses Lake is vested with the authorityto make a decision on
a final plat.(^~\
7.2 The plat is properly before the Council for its decision.
7.3 Itis proper at this time forthe CityCouncil to make a decision on this final plat.
8.DECISION.
The CityCouncilof the Cityof Moses Lake agrees withthe recommendation of the PlanningCommis
sion and approves the final plat.
Dated: July 9,2002
Lee Blackwell, Mayor
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