2003 01 22MOSES LAKE CITY COUNCIL
February 11,2003
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Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Chris Blessing,Steve Shinn,Richard
Pearce,and Ron Covey
MINUTES:Mr.Blessing moved that the minutes of the January 28 meeting be approved as
submitted,seconded by Mr.Shinn,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 Mr.Reese,and passed unanimously.
{_J Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and thoseexpensereimbursement claims certified as required by RCW 42.24.090, have been recordedon
a listing which has been made available to the City Council.
Claims:The vouchers included on the below list as modified by the Council and noted upon said
list for the Council meeting of February 11,2003 for the funds listed below are approved in the
amount of $863,356.08.
GENERAL FUND
STREET
STREET REPAIR/RECON
1998 REFUNDING GOB
2002 REFUNDING BONDS
WATER/SEWER
1994 BOND FUND
TOTAL 3
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 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 $134.74 for all funds.
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$95,030.85 W/S CONSTRUCTION 527,178.24
4,894.57 SANITATION FUND 103,010.23
78.16 AIRPORT 479.43
24,365.33 AMBULANCE SERVICE FUND 396.65
27,581.24 CENTRAL SERVICES 9,063.85
24,064.23 EQUIPMENT RENTAL 5,319.63
2,360.00 BUILD MAINTENANCE 39,533.67
TOTAL $863,356.08
GENERAL FUND $79.50
WATER/SEWER 55.24
TOTAL $134.74
Prepaid Claims: Prepaid claims approved by the CityManager according to the processestablishedbyMosesLakeMunicipalCode3.42.030 and the internal control policy approved by the City
Council has been recorded on a listing which has been made availableto the City Council. The
claims listed below are approved in the amount of $8,624.00 for all funds.
GENERAL FUND $8,624.00
TOTAL $8,624.00
Claim Checks:Checks 17783throuah 17948issuedonJanuary 29,2003 through February 5,2003
were approved forpayment atthe council meeting held on February 11,2003 inthe totalamount
of $766,502.66.
Payroll:The payroll issued on January 31,2003 having been approved pursuant to the rule of the
CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 30049 through
30225 in the total amount of $59,028.25.
Payroll:The payroll issued on January 31,2003 having been approved pursuant to the rule ofthe
City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 30226 through
30232 in the total amount of $1,883.14.
EMPLOYEE PRESENTATIONS -None
CONSENT AGENDA
Resolution -Accept Donation:A resolution was presented which accepts a donation from C&R /OYip
Distribution for the DARE Program.
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS
i j ORDINANCE -PARKING REGULATIONS -2nd READING
An ordinance was presented which amends the parking regulations to prohibit parking at the
intersection of Plum Street and Coolidge Street,the intersection of Hill Avenue and Garden Drive,
on Third Avenue fronting the Main Fire Station,and establish a GTA bus parking only at the aquatic
center.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
Action Taken:Dr.Covey moved that the first reading ofthe ordinance be accepted,seconded by
Mr.Tracy,and passed unanimously.
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CITY COUNCIL MINUTES: 2 February 11,2003
/Dp'ORDINANCE -WATER/SEWER CHARGES -EAST BROADWAY -2nd READING
An ordinance was presented which establishes a reimbursement schedule for the water main that
was extended along East Broadway.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and
Sewer Connections"was read by title only.
Action Taken:Mr.Shinn moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese.
Mr.Pearce objected to reducing the actual cost of this project by 50%. He mentioned that he f~\would have been in favor of reducing,the costs due to the crossing of Highway 17 and the !'
engineering,butwas opposed to the 50%reduction.He felt that itwouldset a precedent that otherpropertyownerswoulduse to request reductions for theirproperty.Hedid not feel thatthe other
rate payers should have to pick up the cost of this project. He was opposed to the 50%reduction.
Dr.Covey pointed out that the property ownerson Broadway were told that there would be noadditionalcosttothem when their property wasannexed into the city.Now with the installation ofthewaterline,the property owners will haveto payfor thatwaterline when they connect. Because
they were told there would be no additional cost,he was in favor of reducing the cost to these
property owners.
Mr.Pearce pointedoutthatthe propertyowners will notincurany costs unless they connect to city
water.He mentioned that there is no justification for reducing the connection fees by 50%.
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The motion passed with Mr.Pearce opposed.
ORDINANCE -PARENTAL RESPONSIBILITY -1st READING
An ordinancewas presented whichrepealsthe city's parental responsibility ordinance based on
a ruling from the Supreme Court a challenge to the same type of ordinance in the City of Sumner.
The ordinance repealing Chapter 8.44 of the Moses Lake Municipal Code entitled "Parental
Responsibility of Juveniles"was read by title only.
Action Taken:Mr.Blessing moved that the first reading of the ordinance be adopted,seconded
by Mr.Tracy,and passed unanimously.
ORDINANCES -HEARING EXAMINER DUTIES -SINGLE READINGS
Ordinances were presented which amend the duties ofthe Hearing Examiner and clarifies who is /""N
to hearappeals on SEPA determinations.''
James A.Whitaker,City Attorney,explained the reasons for the changes.
The ordinance amending Sections 18.80.090 and .150 of Chapter 18.80 of the Moses Lake
Municipal Code entitled'bearing Examiner"was read by title only.
Action Taken:Mr.Tracy moved that an emergency be declared and the ordinance be adopted on
a single reading,seconded by Mr.Reese,and passed unanimously.
The ordinance amending Sections 20.03.040 and .050 of Chapter 20.03 of the Moses Lake
Municipal Code entitled "Administration"was read by title only.
Action Taken:Dr.Covey moved that an emergency be declared and the ordinance be adopted on
a single reading,seconded by Mr.Blessing,and passed unanimously.
Il^lp RESOLUTION -LEASE/PURCHASE AGREEMENT
A resolution was presented which awards the 2003 Lease/Purchase Agreement to Sun Trust
Leasing and authorizes the City Manager to sign the necessary documents.
Mr.Shinn wasopposedtothe city borrowing money from anoutsidesourceto purchase itemsthatmaynotbeneededataninterestratethatismorethanthecityisreceivingatthistime.He felt the
city should borrow from its own funds for needed items and if the city cannot afford those items,
they should not be purchased.
Joseph K.Gavinski,City Manager,explainedthatthe lease/purchase process has been used by
the city for approximately 15years to purchase items which costover$1,000.That allows the cityto keep its money in the bank at a higher interest rate than it pays on the lease/purchaseagreement.Until 2001 the city was making moneyonthis process.It is felt that,in the long run,(~\
the city will make money.
There was some discussion by the Council and itwas pointed outthatthe city is taking a very small
risk with the lease/purchase agreement.
Action Taken:Mr.Blessing moved that the resolution be adopted,seconded by Dr.Covey,and
passed with Mr.Shinn opposed.
REQUEST TO CALL FOR BIDS -None
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CITY COUNCIL MINUTES:2
REFERRALS FROM COMMISSIONS
CHANDLER FINAL MAJOR PLAT
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February 11,2003
Phil Bloom,Columbia Northwest Engineering,has submitted a final plat for a 1 lot major plat
located off of East Broadway.
Action Taken:Mr.Pearce moved that the final plat be approved with the stipulation that the
comments from the City Engineer be addressed and the Findings of Fact be accepted,seconded
by Mr.Reese,and passed unanimously.
FRAZIER -SIGN IN RIGHT-OF-WAY
Stephen Frazier has requested permission to placetwo sandwich board signs for his business on
the sidewalk at 326 S.uedar Street,in the C-1 Zone.One sign will be located on Fourth Street
and one signwill be located onCedarStreet. The Planning Commission recommendedthatthesignsbeallowedincityright-of-way with thestipulation that theplacement ofthesigns beapprovedbytheCityEngineer,the signs only beoutduring business hours,and the signs beno larger than
8 square feet.
Action Taken:Mr.Tracy moved that the signs be allowed on city right-of-way with the stipulationthat the placementof the signs be approved by the City Engineer,the signs onlybe out during
business hours, andthe signs be no largerthan 8 square feet,seconded by Dr.Covey, and passed
unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
RESOLUTION -ANNEXATION POLICY/WATER SERVICE -KRIDER
Susan Krider,2375Westshore, has requested permission to connectto citywater.This propertyiswithinV2mileofthe city limits and, underthe city's current policy,wouldbe required to annex.
A resolution was presented which amends the city's annexation policy to allow property owners
within one half mile ofthe city's limits to connectto city waterwithout having to annex.
Joseph K.Gavinski, City Manager,stated that an amendment to the city's annexation policyhas
been drafted which would allow property owners to connect to city water without requiring an
immediate annexation.
The resolution amending Resolution1307setting forth a policy with regard tothe provision ofwater
and/or sewer utilities outside the corporate limits of the city and setting forth an annexation policy
for the City of Moses Lake,Washington was read by title only.
James A. Whitaker, City Attorney, explained that the change involves the definition of adjacent
lands.Adjacent lands are defined as those lands immediately adjacent to a water and/or sewer
main withinthe city's urban growth area.Contiguous means within Vz mile of the city's limits.As
a condition of obtaining city water, the property owner would be required to execute an Extra
Territorial Utility Agreement.
There was some discussion by the Council.
Action Taken:Mr.Tracy moved that the resolution be adopted,seconded by Mr.Shinn, and
passed unanimously.
Action Taken:Mr.Pearce moved that the request from Susan Kriderto connect to city water at
2375 Westshore Drive be granted withthe stipulation that an ExtraTerritorial Utility Agreement be
executed,seconded by Mr.Reese,and passed unanimously.
WHEELER ROAD AND ROAD L RIGHT-OF-WAY
The proposedimprovementstothe intersection ofWheeler RoadandRoadLhavebeen approved
bythe Department ofTransportation.The Council mustalsoapprove the proposed improvementssothatDOTcanforwardthemtoOlympiaforacceptance.Once the improvements have been
approved,staff will proceed with right-of-wayacquisition.
Action Taken:Mr.Shinn moved that the proposed improvements tothe intersection of Wheeler
Road and Road Lbe approved,seconded by Mr.Reese,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
BUILDING ACTIVITY REPORT
The January 2003 building activityreport was presented.
INVESTMENT REPORT
The investment report shows the cityreceived $15,155.65 inincome for January31, 2003.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski,City Manager,reported thatthe city received $314,170.69 in sales tax and
$15,795.65 in transient rental income in January 2003.
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CITY COUNCIL MINUTES:2 February 11,2003
C-1 AND C-2 ZONES/GROWTH MANAGEMENT
Gilbert Alvarado,Community Development Director,reported that the Planning Commission is
working on a draft that would create a sub-area zone within the C-2 zone.The sub-area zone
would be identified geographically and the zone would specifically identify standards for prohibited
and permitted uses.The main focus in this proposed sub-area zone are new and used car lots.
The Commission will probably be recommending atextchangetothe C-2 zoneinsteadofachange
in the land-use designations or a zone change.
COUNCIL/STAFF RETREAT
Joseph K.Gavinski,City Manager,presented the proposed subjects to be discussed at the
Council/staff Retreat.He mentioned that the city has obtained the use of the Convention Center
for the Retreat.He requested Council direction on when to start the Retreat.
There was some discussion and it was decided to begin the Retreat on Friday afternoon and
extend through Saturday evening.
It was the consensus of the Council that Title 20 be discussed with the Planning Commission at
a study session rather than during the Retreat.
Q[C\SECOND LAKE CROSSING
Gerry McFaul, City Engineer,stated that Senator Doc Hastings has asked the city ifthere are anyprojectsthatthecitywouldliketoincludeintheTEA-3 federal funding program.The project thestaff is suggesting is the second lake crossing.He mentioned that the project will cost about
$30,000,000.To include the project inthe TEA-3 program will take about 25 hours of staff time.
The TEA-3 program is designed for transportation projects of regional significance
Joseph K.Gavinski,City Manager,pointed out that there is very little chance this project would be
funded.
There was some discussion by the Council and it was the consensus that staff be directed to apply
for the funds and also contact the Port of Moses Lake about applying for funding to reroute the
railroad from Wheeler to the Port.
The regular meeting was recessed at 8:30 p.m.and the Council met in an executive session to
discuss labor relations.The executive session was adjourned at 9 p.m.and the regular session
was reconvened.The regular meeting was adjourned at 9 p.m.
ATTEST:
Finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE CHANDLER FINAL
MAJOR PLAT
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice before the Commission on January 30,
2003.
1.2 Proponent.Chandler Properties Limited Partnership is the proponent of this plat.
1.3 Purpose.The proponent has submitted a plat for propertywhich is legally described upon the
plat. City staff has confirmed the propertydescribed on the platis the property submitted for
platting.
1.4 Evidence.The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the 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 Heavy Industrial.
2.3 The plat is in the public interest.
2.5 The plat complies with the Comprehensive Plan.
2.6 The final plat corresponds to the preliminary plat.
2.7 The plat provides for infill within the city limits.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
Fromthe foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission of the Cityof Moses Lake is vested withthe authorityto 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 ofthe city's citizens to plat the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
Onthe basis ofthe foregoing findingsof factand conclusions,itisthe recommendation ofthe Planning
Commission of the Cityof Moses Lake to the CityCouncil of the Cityof Moses Lake that the platbe
approved with the stipulation that the comments of the City Engineer be addressed.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon proper notice before the Council on February 11,2003.
5.2 Proponent.Dave Chandler is the proponent of this plat.
5.3 Purpose.The proponent has submitted a final plat for property legally described upon the plat.
City staffhas confirmed the propertydescribed on the platisthe 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 City Council.The City Council adopts those findings of 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 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 properly before the Council for its decision.
7.3 It is proper at this time for the City Council to make a decision on this final plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commis
sion and approves the final plat.
Dated:February 11,2003
Lee Blackwell,Mayor
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