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5947
MOSES LAKE CITY COUNCIL
March 11,2003
Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Chris Blessing,Steve Shinn,Richard
Pearce,and Ron Covey
MINUTES:Mr.Reese moved that the minutes of the February 25 meeting be approved as
submitted,seconded by Mr.Pearce and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Blessing moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Tracy,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those
expense reimbursement claims certified as required by RCW 42.24.090,have been recorded on
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 ofMarch 11,2003 for the funds listed beloware approved in the amount
of $204,479.29.
GENERAL FUND $204,479.29
STREET 35,490.60
STREET REPAIR/RECON 375.49
EQUIPMENT LEASES 3,626.93
PARK &REC IMPROVEMENT 2,706.60
WATER/SEWER 35,816.37
W/S CONSTRUCTION 227,916.32
W/S LEASES 1,745.88
SANITATION FUND 67,620.17
AIRPORT 158.65
AMBULANCE SERVICE FUND 2,605.80
AMBULANCE DEBT SERVICE 1,123.09
SELF INSURANCE 145.00
CENTRAL SERVICES 7,877.33
EQUIPMENT RENTAL 42,591.93
BUILD MAINTENANCE 113,277.26
FIREMANS PENSION 274.00
TOTAL $747,830.71
Prepaid Claims:Prepaid claims approved by the City Manageraccording to the 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 $681.19 for all funds.
GENERAL FUND
TOTAL
$681.19
$681.19
Prepaid Claims:Prepaid claims approved by the City Manager accordingto the 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 $6,174.05 for all funds.
GENERAL FUND
PATHS AND TRAILS
$216.42 EQUIPMENT RENTAL
114.58 TOTAL
5,843.05
$6,174.05
Claim Checks:Checks 18241 through 18288 issued on February 27,2003 through March 4,2003
were approved for payment at the Council meeting held on March 11,2003 in the total amount of
$879,156.46.
Payroll:The payroll issued on February 28,2003 having been approved pursuanttothe ruleofthe
CityCouncil set forth inMoses Lake Municipal Code 3.42.040,was paidby checks 30410 through
30592 in the total amount of $59,540.96.
Payroll:The payroll issued on February 28,2003 having been approved pursuant to the ruleof the
CityCouncil set forth inMoses Lake Municipal Code 3.42.040, was paid by checks 30593 through
30599 in the total amount of $1,883.14.
EMPLOYEE PRESENTATIONS -None
CONSENT AGENDA
Resolution -Abandon Easement -D&LFoundry:A resolution was presented which abandons an /&/3
easement and water line located on property owned by D &L Foundry.
Resolution -Grant Easement -PUD:A resolution was presentedwhichgrantsan easementtothe /O/S
PUD for electrical distribution lines for the Larson Wastewater Treatment Plant.
Resolution -Increase Petty Cash:A resolution was presented which increases the amount of petty //J&~&
cash for the Lauzier Athletic Complex Concession.
Planning Commission Appointment:With the consent of Council,Jim Liebrecht was re-appointed /ooj
to the Planning Commission.
Parks and Recreation Commission Appointment:With the consent of Council,Jon Lane was re-07/
appointed to the Parks and Recreation Commission.
Action Taken:Dr.Covey moved that the Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
5948
CITY COUNCIL MINUTES March 11,2003
CONSIDERATION OF BIDS
/O/ffii 2003 CRACK SEAL PROJECT
The city received four bids for the 2003 Crack Seal Project.This project consists ofcrack sealing
various streets in the downtown area and Gateway Estates.Because the city received bids far
below the engineer's estimate,staff requested thatthe bid amount be increased by 10%.This will
allow additional streets to be crack sealed under this project.
Action Taken:Mr.Shinn moved that the bid be awarded to B.C.V.,Inc. in the amount of
$51,873.60 and the bid amount be increased by 10%,seconded by Dr.Covey,and passed (~**)
unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
„„0 SPRING CLEAN-UP
The Grant County Public Works Department has notified the city thatthe 2003 free disposal at the
Ephrata Landfill will be held from April 1 through April 30.
Bob Bernd,Lakeside Disposal,stated that Lakeside is willing to participate with the city in the
spring clean-up program.Lakeside would bill the cityfor one-halfthe time incurred by its personnel
and equipment on the weekends of Spring Clean-up.
CITY-WIDE CLEAN-UP
The Moses Lake Business Association,the Moses Lake Chamber of Commerce,andVision 2020
are preparing fora city-wide clean-up on May 3,2003 from 8 a.m. to 2 p.m.The support of the Fire
Department and the Park and Recreation Department is requested as well as the use of the
McCosh Park parking lot for the staging of the event.
Dale Good,Moses Lake Business Association Chairman ofthis event,stated that they would like
the entrances to the city water cleaned as well as swept which is why they have requested
participation from the Fire Department and Parks and Recreation Department.
There was somediscussion by the Council and itwas the consensus that the city should participate
inthis project provided the cost is under $500 and that the use of the McCosh Park parking lot be
approved.
MCCOSH PARK -REQUEST FOR LIQUOR PERMIT
Kimila Helvy has requested permission to serve beer and wine at the Beierman Family Reunion
in McCosh Park on Saturday,July 12,2003,from 10 a.m.to 10 p.m.
There was some discussion and it was pointed outthat they would have to provide insurance and
their own security.
Action Taken:Mr.Pearce moved that the request be approved,seconded by Dr.Covey,and
passed unanimously.
/OjW CINGULAR WIRELESS - USEOFRESERVOIR#1
Cingular Wireless has requested the use of Reservoir #1 located on Juniper Drive for the
placement of cell communication facilities.
Justin Abbot,CingularWireless,distributed additional information and pictures ofwhatthereservoir
would look like.They are proposing to attach six panel antennas on the side of the reservoir with
associated ground equipment.The ground equipment would be enclosed within an 8'high solid
cedar fence surrounded by landscaping.He addressed the comments from the Public Works
Superintendent.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that staffdraft a lease agreement for the use of Reservoir#1 by
Cingular Wireless,seconded by Dr.Covey,and passed unanimously.
Staff was directed to notify surrounding property owners about the project.
ORDINANCES AND RESOLUTIONS
ORDINANCE -MAYOR AND COUNCIL -1st READING
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An ordinance was presented which amends Chapter 2.08,Mayor and Council,by clarifying the
process for approval of an ordinance submitted by the Planning Commission.This amendment
clarifies that an ordinance is adopted on a single reading when it comes under the jurisdiction of
Title 20.
The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled "Mayor and
Council"was read by title only.
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5949
CITY COUNCIL MINUTES March 11,2003
Mr.Pearce questioned the restriction on Council not to take independent action on ordinances
placed on the Consent Agenda.
James A. Whitaker, CityAttorney, pointed out that items under Title 20 are items upon which the
Planning Commission has taken final action, pending an appeal. However,state lawrequires a
final action by the City Council on these items. Ifno appeal is filed,the Council is simply making
the decision of the Planning Commission final.He pointed out that should the Council deny the
actionof the Commission, itcouldcreate a liability issue withthe proponent of the project.
There was some discussion by the Council.
V_y Action Taken:Mr.Blessing moved that the first reading of the ordinance be adopted,seconded
by Mr.Tracy, and passed with Dr.Covey,Mr.Pearce, and Mr.Reese opposed.
RESOLUTION -BUILD ON UNPLATTED PROPERTY -COURTRIGHT ENTERPRISES.INC.//j&^
A resolution was presented which would allowCourtright Enterprises to installa commercial coach
on unplatted property located at 3385 Road M.2 NE,Suite 6.
Gilbert Alvarado,Community Development Director,stated that the commercial coach is built to
a different standard than a manufactured home.A manufactured home would only be allowedto
be used as an office at a manufactured home dealership.
The resolution allowingCourtright Enterprises,Inc.to buildon unplatted property was read by title
only.
Action Taken:Mr.Tracy moved that the resolution be amended to change "manufactured home"
to "commercial coach"and the resolution be adopted,seconded by Mr.Pearce,and passed
unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
EMERGENCY COMPREHENSIVE PLAN AMENDMENT/RE-ZONE ORDINANCE ^^
In November 2002 the Vision 2020 Committee requested that the Commercial Business District "/9j
within the Comprehensive Plan be expanded to include the areas to the north as far as Fig Street,
N and to the south as far as Fir Street.The Committee also requested that the same area be
^^rezonedto C-1,Central Business District.
The Planning Commission conducted a public hearing and a study session on the request.The
Commissioners discussed an alternative solution to the requested Comprehensive Plan Amend
ment and rezone that incorporated the desires of the Vision 2020 Committee and attempted to
addressthe concerns ofthe existing businessownersand property owners.The proposal provided
for a subarea within the C-2,General Commercial Zone.The subarea expanded the original
request to include properties up to the intersection of Broadway and Third Avenue from the lake
to the alley between Third Avenue and Fourth Avenue.Using the existing C-2 zoning regulations
as the template,the Commission proposed further restrictions on the permitted and conditionally
permitted uses located withinthe subarea that included the following significant changes:
1.Prohibiting wholesale uses
2. Auto repairand maintenance allowed as a conditional use and ifcontained entirelywithin
a building
3. storage, warehousing and distribution prohibited as standalone operations but allowedas
accessory uses to permitted uses
4.Prohibiting transportation facilities,RV parks, and the keeping of livestock,bees,etc., and
permanent cargo containers
5.New car dealerships allowed as a conditional use
6.Prohibiting used car lots.
The Planning Commission recommended thatthe amendment tothe Comprehensive Planandthe
zone change request be denied andstaffwas directed to draft an ordinance for a subzone for the
C-2 zone along the lines from the Study Session and includethe expanded area.
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Mr.Blessing declared an appearance of fairness issue and exited the room.
Gilbert Alvarado,Community Development Director,stated thatwhatisactuallybeforethe Council
is the recommendation from the Planning Commission to deny theComp Plan amendment and the
zone change request.
There was some discussion by the Council.
Action Taken:Mr.Shinn moved that the amendment to the Comprehensive Plan be denied and
the Findings of Factbe accepted,seconded by Mr.Tracy, and passed unanimously.
The ordinance amending Section 18.09.020ofthe Moses Lake Municipal Code was readby title
only.
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5950
CITY COUNCIL MINUTES March 11,2003
Action Taken:Mr.Shinn moved that the first reading of the ordinance be denied and the Findings
of Fact be accepted,seconded by Mr.Pearce,and passed unanimously.
Mr.Shinn felt there was other ways to deal withthe area ratherthan a sub-zone that would prohibit
certain businesses.
OTHER ITEMS FOR COUNCIL CONSIDERATION
DRIVEWAY VARIANCE - D & L FOUNDRY
D&LFoundry has requested a variance to the driveway standards in order to install an additional f^
driveway,60'wide, on Wheeler Roadto access D&LFoundry.The Community Standards allows
a 40'driveway.
Joseph Wiberg,Vice President/GeneralManagerof D&L Foundry,atthe westend ofthe property
there is 97'wide driveway,then 207'of landscaping, a 53'wide driveway,then 295'of landscaping
towhere the new 60'wide drivewayis proposed. The 60*wide drivewaywould access a proposed
office building. He explained the traffic flow from and to this property.
Gary Harer,Municipal Services Director,pointed outthattwo variancesare being requested but
there does not seem to be any traffichazards butthat 60'seems to be too wide for the traffic.
Mr.Pearce pointedoutthatthe map shows a roadused by local farmersthat runs across the D&
L Foundry and he requested clarification of its status.
Mr.Wiberg stated that itis a dirt roadthat is being accessed by people farming the propertyinthe
back.He stated that D & L Foundry does not use that road.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the request for a deviation of the driveway standards be
granted for an additional 60'wide driveway on Wheeler Road to access the D & L Foundry
property,seconded by Mr.Shinn,and passed unanimously.
/D£Y INSURANCE
The city's insurance program is up for renewal on April 1,2003. The city has used Rogers and
Norman,Inc.as its insurance broker since 1976.The city has been examining broker selection ~.
since Argus Insurance,alocal broker,expressed an interest in providing insurance broker services f i
to the city.
Mr.Reese pointed out that Argus does not indicate the amount oftheir premium.
Joseph K.Gavinski, City Manager,stated that Argus has not provided one.Argus is asking to be
appointed as the city's broker of record.That means they would take up where Rogers and
Norman leaves off.
Jim Rogers,Rogers and Norman,stated that they have had the city's insurance for 29 years.
Rogers and Norman has developed a risk management program that allows many things to occur
on an ordinary type basis -review of contracts,assuming transfer of risk to others,making sure
there is appropriate insurance in place for such activities as the Spring Festival,etc.Moses Lake
has a unique insurance program in thatits insurance costs are constantly belowthe pool-type costs
that are an alternative.This is because the city has in place loss prevention and loss control
processes that allow the risks to be less than the normal.Joining a pool would not be to the city's
advantage.In a pool there is a shared limit of liability.Currently the city has a liabilitylimit of its
own.The city is currently paying about $200,000 premium per year. Of that $200,000,$185,000
to $195,000 is sent to St. Paul,Minnesota and the remaining goes to the city's broker. He pointed
out that Canfield and Associates in Ephrata deal with loss control and claims management
services.
Dr.Covey wanted to know if the premium also pays Canfield and Associates.
Mr.Rogers stated that the city pays Canfield an additional $12,000 per year to handle the claims.
Paul Klueber,Argus Insurance,agreed with the comments of Mr.Rogers.
Mr.Shinn wanted to know what the cost would be for insurance in 2003-2004.
Mr.Rogers pointed out that negotiations are not yet complete but a final figure should be available
by the end ofthe week.
There was some discussion by the Council on the liability and umbrella limits for the city.
Mr.Pearce pointed out that the cost to jointhe pool is 35% higher than what was paidto Rogers
and Norman for 2002-2003 insurance and the $14,000,000 limitis split between 100 cities. He felt
that the city would be wise to continue with an independent insurance broker.
Mr.Shinn pointed out that the cost for 2003-2004 insurance is not yet available.
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CITY COUNCIL MINUTES March 11,2003
Mr.Tracy stated that Rogers and Norman has done a greatjob for the city but he would prefer the
city used a local broker.
Action Taken:Mr.Tracy moved that Argus Insurance be appointed as the city's insurance broker
for 2003-2004 year,seconded by Mr.Pearce.
Dr.Covey pointed out that Rogers and Norman has done the work for the city's insurance program
for 2003-2004 and felt that they should be paid for that service even if the city changes its
insurance broker.
The motion passed unanimously.
There was some discussion on how the brokerage fees should be split between Rogers and
Norman and Argus Insurance since Rogers and Norman has already done most of the work to
obtain insurance for the city in 2003-2004 but now Argus will be the city's insurance broker.
Action Taken:Mr.Pearce moved that Rogers and Normand and Argus Insurance provide a
proposal of how the brokerage fees will be splitfor 2003-2004,seconded by Dr.Covey, and passed
unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
AMBULANCE REPORT
A report on the ambulance service for 2002 was presented.
WEED CONTROL
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Joseph K.Gavinski,City Manager,distributed information on the weed control efforts in the city.//?/*
BUILDING ACTIVITY REPORT
The building activity report for February 2003 was presented.
TITLE 20 STUDY SESSION
A study session has been scheduled for Tuesday,March 25, at 6 p.m. in the Council Chambers
with the Planning Commission to discuss Title 20.
The regular meeting was recessed at 9:15 p.m. and the Council met in an executive session to
discuss labor relations.The executive session was adjourned at 10:15 p.m.and the regular
session was reconvened.The regular meeting was adjourned at 10:15 p.m.
ATTEST:Mayor
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finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE REQUEST FOR A
ZONE CHANGE OF THE DOWNTOWN AREA
NO.ZC 02-3
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
2.
3.
4.
5.
HEARING BEFORE THE PLANNING COMMISSION.
1.1
1.2
1.3
1.4
Date. A publichearing was held upon proper notice before the Commission on December
12,2002.
Proponent. The CityCouncil,at the request of the Visiion 2020 Committee,requested this
zone change.
Purpose.The proponent has requested a zone change of property legally described as
follows from C-2,General Commercial and Business,to C-1,Central Business District.
LEGAL DESCRIPTION
Evidence.The Commission considered the following materials in reaching its decision.
A.The application of the proponent for the zone change.
B.Comments from the public.
FINDINGS OF FACT BYTHE PLANNING COMMISSION.
Based upon the evidence presented to them,the Planning Commission made the following findings
of fact:
2.1 An alternative plan may better serve the needs ofthe city.
2.2 No emergency basis for the requested zone change.
2.3 The public expressed concern about the proposed zone change.
CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission made the following conclusions:
3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom
mend to the City Council the advisability of the proposed change in zoning.
3.2 The rezone request of the proponent is properly before the Commission for its recommen
dation.
3.3 It is proper at this time forthe Planning Commission to make a recommendation on this
rezone request.
RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the
Planning Commission ofthe Cityof Moses Laketothe CityCouncil ofthe Cityof Moses Lakethatthe
request for a rezone of this property be denied.
FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon proper notice before the CityCouncil on March 11,
2003.
5.2 Proponent.The CityCouncil,atthe request ofthe Visiion 2020 Committee, requested this
zone change.
5.3 Purpose.The City Council considered the request for a rezone.
5.4 Evidence. The CityCouncilconsidered the following materials in reaching its decision:
A.The application of the proponent for the rezone.
6.FURTHER FINDINGS OF FACT BYTHE CITY COUNCIL.
No further evidence was presented tothe CityCouncil.The CityCouncil adopts those findings of fact
made previously by the PlanningCommission as its own.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
From the foregoing findings of fact the CityCouncil makes the following conclusions:
7.1 The CityCouncilofthe Cityof Moses Lake is vested withthe authorityto make a decision on
a proposed change in zoning.
7.2 The rezone request of the proponent 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 rezone request.
8.DECISION OF THE CITY COUNCIL.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and denies the zone change request.
Dated:March 11,2003
c C
Lee Blackwell,Mayor
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF AN EMERGENCY AMENDMENT TO THE COMPREHENSIVE PLAN
FINDINGS OF FACT,CONCLUSIONS,AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date.A public hearing was helduponpropernotice beforethe Commission on December 12,
2002 and January 16,2003to consider amendments to the Comprehensive Plan.
1.2 Proponent:The City Council,atthebehest ofthe Vision 2020Committee requestedthefollowing
emergency amendment to the Comprehensive Plan:
A.Amend the Commercial Business District to include the areas between Fig Street,
Wheeler Road, BroadwayAvenue and Pioneer Way and the area between Dogwood
Street,Third Avenue,Fir Street,and the railroad tracks.
1.3 Purpose.The proponents have requested the emergency amendment to the Comprehensive
Planto preventdevelopment that maybe contrary tothe intentofthe Downtown Revitalization
Plan and Strategies.
1.4 Evidence.The Commission considered the following materials in reaching its decision.
A. The proposed amendment to the Comprehensive Plan.
B.Comments from the public.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upontheevidencepresented tothem,the PlanningCommission madethe following findingsoffact:
2.1 No need to amend the Comprehensive Plan at this time.
2.2 An alternative plan may betterserve the needs of the city.
2.3. No emergency basis for the requested amendment.
2.4. The public expressed concern about the proposed amendment.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
Fromthe foregoing findingsoffact the Commission made the following conclusions:
3.1 The Planning Commission ofthe Cityof Moses Lake is vested withthe authority to recommend
to the CityCouncilthe advisabilityof an amendment to the Comprehensive Plan.
3.2 The ComprehensivePlan amendmentisproperlybefore the Commissionforits recommendation.
3.3 It is proper at this time for the Planning Commission to make a recommendation on this
Comprehensive Plan amendment.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,itis the recommendation of the Planning
Commission of the Cityof Moses Lake to the City Council of the City of Moses Lake that the request to
amend the Comprehensive Plan by expanding the Commercial Business District be denied.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date.A public hearing was held upon proper notice before the City Council on March 11,2003.
5.2 Proponent.The City Council, at the behest of the Vision 2020 Committee,requested an
emergency amendment to the Comprehensive Plan:
5.3 Purpose.The proponenthas requested an amendmentto the ComprehensivePlan to amend the
tJ CommercialBusiness District toincludethe areasbetween FigStreet, Wheeler Road, Broadway
Avenue and Pioneer Way and the area between Dogwood Street,Third Avenue,FirStreet,and
the railroad tracks.
5.4 Evidence.The City Council considered the following materials in reaching its decision:
A.The application of the proponentfor amendments to the Comprehensive Plan.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
Nofurther evidence was presented to the CityCouncil. The CityCouncil adopts those findings offact
made previously by the Planning Commission as its own.
7.FURTHER CONCLUSIONS OF THE CITY COUNCIL.
From the foregoing findings of fact the City Council makes the following conclusions:
7.1 The City Council of the City of Moses Lake is vested with the authority to make amendments to
the Comprehensive Plan.
7.2 The amendments to the Comprehensive Plan are properly before the Council for its decision.
7.3 It is proper at this time for the City Council to make a decision on the amendments to the
Comprehensive Plan.^_^
8.DECISION OF THE CITY COUNCIL.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning Commission
and denies the request to amend the Comprehensive Plan.
Dated:March 11,2003
Lee Blackwell,Mayor
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