2003 07 22^J
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MOSES LAKE CITY COUNCIL
July 22,2003
Council Present:Lee Blackwell,Larry Tracy,Brent Reese,Steve Shinn,Richard Pearce,Ron
Covey,and Chris Blessing
MINUTES:Mr.Blessing moved that the minutes ofthe July 8 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 Dr.Covey,and passed unanimously.
Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,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 of July 22,2003 for the funds listed below are approved in the amount
of $413,631.64.
GENERAL FUND $75,495.21 AMBULANCE SERVICE FUND 2,093.01
PATHS &TRAILS 1,319.63 AMBULANCE DEBT SERVICE 2,276.70
STREET 34,130.40 UNEMPL COMP INS 375.00
EQUIPMENT LEASES 5,746.85 SELF INSURANCE 80,429.00
WATER/SEWER 82,330.42 CENTRAL SERVICES 9,569.30
W/S CONSTRUCTION 13,114.32 EQUIPMENT RENTAL 44,305.36
W/S LEASES 2,896.72 BUILD MAINTENANCE 11,923.49
SANITATION FUND 37,668.17 FIREMANS PENSION 94.00
AIRPORT 40.03 LI GUARANTY 9,824.03
TOTAL $413,631.64
Prepaid Claims: Prepaid claims approved by the CityManager according to the process established
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 $8,122.24 for all funds.
GENERAL FUND $2,026.33
BUILD MAINTENANCE 6,095.91
TOTAL $8,122.24
Prepaid Claims: Prepaid claims approved by the City Manager according to the process established
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 $572.81 for all funds.
GENERAL FUND $240.77 CENTRAL SERVICES 16.09
STREET FUND 11.49 EQUIPMENT RENTAL 36.50
WATER/SEWER FUND 267.96 TOTAL $572.81
PrepaidClaims:Prepaidclaims approved by the CityManageraccordingtothe processestablished
by Moses Lake Municipal Code 3.42.030 and the internal control policy approved by the City
Council has been recorded on a listingwhich has been made available to the City Council.The
claims listed below are approved in the amount of $5,163.73 for all funds.
GENERAL FUND $3,655.14 AMBULANCE SERVICE FUND 64.14
PATHS AND TRAILS 1,000.00 CENTRAL SERVICES 91.43
WATER/SEWER 324.99 EQUIPMENT RENTAL 28.03
TOTAL $5,163.73
Claim Checks:Checks 19870 through 20065 issued on July 9,2003 through July 18,2003 were
approved for payment at the Council meeting held on July 22, 2003 in the total amount of
$1,579,621.01.
Payroll:The payroll issued on July 18,2003 having been approved pursuantto the ruleofthe City
Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 32001 through
32178 in the total amount of $88,018.49.
O*EMPLOYEE PRESENTATIONS/AWARDS
P. J.DeBenedetti,Vision 2020,presented a "Visionary Award" from Vision 2020 to Washington
Mutual Bank for the remodel of their building, which contributes to the revitalization of the
downtown core.
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CONSENT AGENDA
Accept Work -U.S.Bank Paver Project:Harden Construction,Inc.has completed work on the Z^^5
installation of pavers on the southeast cornerof Third Avenue and Alder Street. The workshould
be accepted and the 45 day lien period entered into.
CITY COUNCIL MINUTES July 22,2003
//£Lp Resolution -Accept Streetand Utilities -ASPICommerce Park SouthShort Plat:A resolution was
presented which accepts street and utility improvements installed to serve the ASPI Commerce
Park South Short Plat.
/Of7 Resolution -Vacate Juniper Drive:A resolution was presented which sets August 26asthedate
for a public hearing to consider the vacation of the portion of Juniper Drive located between Hill
Avenue and Cherry Avenue.
//77 Six Year Street Program:A publichearing was set forAugust 12 to consider an amendmentto the
Six Year Transportation Improvement Program 2004 -2009.
Action Taken:Mr.Tracy moved that the Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
COMMISSION APPOINTMENTS
i£yj)Tourism Commission:Karen Wagner was re-appointed to the Tourism Commission with the
concurrence of the Council.
CONSIDERATION OF BIDS
//(,(,2003 SEWER REPAIR PROJECT
The city received two bids for the 2003 Sewer Repair Project.This project consists of replacing
350'of 4"sewer force main along Reisner Road,making two spot repairs on sections of sewer
main that will be lined later this year, and extending an 8"sanitary sewer main 60 feet.
Action Taken:Mr.Tracy moved that the bid be awarded to Desert Rock Excavation in the amount
of $53,225.44,seconded by Mr.Shinn,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/O/A*"BRAND IDENTITY AND LOGO MODERNIZATION
Casey Cram presented three possible logo/brand identities -Sunset on Moses Lake,Fun in the
Sun,and Modern Meets Ancient Heritage.The advisory team recommendedthe Sunseton Moses
Lake logo using the colors from the Fun in the Sun logo.
There was some discussion and it was the consensus of the Council that Sunset on Moses Lake
is the preferred logo but it was suggested that additional public input be obtained either through
the newspaper or perhaps at the museum and consider it at a later date.
Richard Beeson,3010 W.Peninsula Drive,pointed outthat the Council had previously stated that
this logo is not intended to change the city's official logo.
/Qtfi*SIDEWALK REPAIR
Gary Minor,233 N.Manzanita,stated that in this area there is a problem with the ground settling.
This affects the street and sidewalk by causing them to settle and creates a hazard.Replacing the
sidewalk will not cure the problem as the ground will continue to settle.He did not feel he should
be responsible for replacing the sidewalk since the problem is due to conditions over which he has
no control.
There was some discussion concerning this problem.
Gary Harer, Municipal Services Director,stated that this ground settling is common in Moses Lake
as a result of poor compaction.In order to correct the problem the sidewalk,curb,and the area
around the manhole would have to be removed and proper compaction would be needed.He
stated that in these types of situations the city will work with the property owner to correct the
problem and negotiate a price settlement.Generally the city will replace the curb and the property
owner will replace the sidewalk.
There was some discussion by the Council.
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Action Taken:Mr.Tracy moved that staff negotiate a compromise with the property owner to fixtheproblem,seconded byMr.Shinn,and passed unanimously.f~\
WANAPUM DRIVE CONSTRUCTION
Richard Beeson,3010 W.Peninsula,#120,requested the city contact the PUD concerning the
unfinished upgrade work on the west side ofWanapum Drive from Lakeshore Drive to Peninsula
Drive.
Gary G. Harer, Municipal Services Director,pointed out that this a still a state street.
Joseph K.Gavinski,City Manager,stated out that the city has no jurisdiction in this area but the
city can bring the matter to the attention of both the PUD and the state.
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CITY COUNCIL MINUTES July 22,2003
AIRPORT COMMISSION
Jim Liebrecht,member of the Friends of the Moses Lake Municipal Airport,stated that as a user
of the Municipal Airport he wished to become more active inthe operation of the airport,so he
attended some ofthe meetings ofthe Airport Commission. Hewas concerned aboutthe informality
ofthe Airport Commission meetingsandthe fact thatnoneofthe Commissioners are residents of
the city.Hesuggested thattwo additional positions be addedtothe Commission andthatthose
positions be filled by residents ofthe city.An issue that has been raised isthe required liability
insurance. Hedid not feel insurance should be required forthe airport any more than for one of
the city's boat launches. He requested the Council seriously consider this requirement.He
i j mentioned that theAirport Commissioners do a great job atthe airport.He felt that the meetings
^^ofthe Airport Commission should be held in the Council Chambers so that theycould be taped.
Mr.Pearce requested information on the Friends of the Moses Lake Municipal Airport.
Mr.Liebrechtstated that it consists of pilots,mechanics,lessees,and privateaircraft owners.
Mr.Pearce pointed out that this must be a new organization as they have never come to a
Commission meeting. He mentioned that he has taken the minutes of the Airport Commission
since 1995 and that while he has included the discussions of the Commission,the only thing
actually required to be reportedarethe actionstaken. Hestated thatto have a citysecretarytake
the minutes would have cost the Airportbetween $6,000 and $9,000 since 1995.He feltthat the
current location for the Airport Commission meetings is sufficient as itis located on the Municipal
Airport andiscentralfor the Commissioners.It alsoallowsthe Commissioners to golookatcurrent
or proposed projects.
Joseph K.Gavinski,City Manager,stated that the Airport Commissioners are appointed by the
Council.At atime when the citywas lookingatdisposing ofthe Municipal Airport,the users ofthe
airport convinced the city that there was a way to operate the airport using a Commission to
manage the day to day operationsand also establish some policies.Hestated that he has met
with the Commission concerning the disputes that have arisen between the Commissioners and
some of the users of the airport.He mentioned that the minutes of the meetings do only have to
reflect the action that is taken by the Commission. The Commission is discussing the issue of
insurance at the airport but there is no recommendation to present to Council at this time.
John Swedburg,228 Larkspur,stated that he is a pilot and is the Accident Safety Prevention
Counselor for the FFA. He teaches people how to flyand uses various airports around the region
,for22 years.The city's airport was adequate but notwellkept.Since the AirportCommission took
\_J over,theairport has improved -the runways have been improved,the business area iscleaned up
and improved, and the hanger areas look nice.The city's airport is well maintained and has
become a model airport for the area.
Jim Link,4426 Circle Place,stated that he has used the airport since 1972 and wanted to
commend and support the Airport Commission for the way the airport has been improved since
they took over its operation.
Lew Mason,638 Edgewater,stated that he has been involved in aviation since 1972 and currently
has a hanger at the Municipal Airport. He felt that the Commission has done an outstanding job
at the airport and the changes since they took over the airport have been impressive.He felt the
Operations Building is an excellent place for the Commission to meet as it is easy for the pilots to
get there.He mentioned that he has used the refueling system at the airport and is sorry to see
that it will be terminated since the contract with Mr.Dent cannot be continued as he is a member
of the Airport Commission.He would like to see the fuel service continue if at all possible.
Delone Krueger, 622 Potato Hill Road, Airport Commissioner stated that he has been flying since
1958 atthe city's airport.He mentioned that when the airport was operated by the privatesection
itdeteriorated to the pointwhere itwas nearlyclosed.When some of the pilotswent to the citywith
the offer to help operate the airport,the city agreed and appointed five people to the Airport
Commission.The members have different backgrounds but all havean interest ingeneral aviation.
The Commissioners originally met inthe Mosquito District buildingas they felt itwas importantto
meet at the airport in orderto see and discuss the things that needed to be done at the airport.
Withthe helpofthe EAA,the city,andthe Airport Commission, the currentOperations Building was
purchased.It is a good placeto meet as itprovides a place for maps,charts, and overviews ofthe
airport and shows what needs to be done. The building is also available foruse by othergroups.
The meetings are held the second Fridayof the month at noon since allthe current Commissioners
<i work.The Moses Lake Municipal Airporthas become a model forsmall airports all over the state.^~s The Commission looks for grants to fund improvements atthe airport and there is always a five
year improvement plan.Safety is a majorconcern at all times. One ofthe majorissues right now
isthe ultra lights andthe Commissionhas been unableto come to any conclusionsyet.
Darren Jackson,1308 Hamilton,stated that he is the only ultra light instructorat the Municipal
Airport.Hestated that the conflictbetween the ultra lightsand the Airport Commission has been
an on-going problem.One ofthe conflictsisthat ultra light pilots are notconsidered pilots as they
arenotcertified bythe FAA.Hementionedthat he is a certified pilot with the FAA for multi engine
planes. Heowns an airplane and operates a business atthe airport.Heisalso certified through
the EAA as a certified instructor. Hisaim as an ultra light flight instructor is to have his students
become certified pilots by the FAA.
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CITY COUNCIL MINUTES July22, 2003
Jerry Richardson, 10091 Harris Road, Airport Commissioner and Chairman of the Community
Airport Association forthe State of Washington,and a member of the Washington State Depart
ment of Transportation Airport Advisory Committee, stated that the Commission is acquiring
information on ultralights and insurance issues related to ultralights.The Commission has made
no decision on whether or not to request that ultra lights no longer use the Municipal Airport.He
mentioned that such a decision would be made by the Councilas the Commission only manages
the airport forthe city. He feltthat the AirportCommission has done a good job inimproving and
operating the airportas itwas designated as Airportof the Year in the State of Washington.He
requested the Council seriously consider the issues concerning the airportand take into account
the work the Airport Commission has done.
Tom Dent, 7057 Road N NE, AirportCommissioner,stated that he has had an aerial application
business at the Municipal Airport for 22 years.Safety is a big issue in his business and it is
important to allthe AirportCommissioners.He pointed out that the existing conflict atthe Municipal
Airportis between the ultralights and airplanes. The main problem is the big difference in speed
between the ultralights and airplanes and the Commission is attempting to obtain information on
the subject.One of the problems at the Municipal Airportis the amount of development around the
airport-hangers and commercial buildings on the airport itself and commercial and residential
buildings in the immediate vicinity.This is called ground clutter and it is easy to lose sight of a
plane or ultra light.The Commission's attempts to make a safe atmosphere has resulted in
conflict.The Airport Commission meetings are held at noon because most of the members work
and itis convenient for them.He mentioned that the question of insurance is being investigated
and pointed outthat the commercial operators are required to provide proofof insurance to the city
or the lease becomes null and void. He also pointed out that he did not want to operate the fuel
truck but agreed to do itafter discussion with other Commissioners and because he operates out
of the Municipal Airport.When he was requested to cease operation he did so and is now looking
into how to get rid of 1300 gallons of fuel. He pointed out that the Commissioners are doing their
best for the operation of the MunicipalAirport.
Mr.Pearce stated thatthe letter from Mr.Liebrechtstated they wished to discuss the ordinancethat
created the Airport Commission,its membership,and the wayinwhich business is conducted.The
letter also stated that it was felt the minutes and the meeting place should bethe same place and
in the same manner as all other commissions created by the Council. He pointed out that one of
the problems with the ultra lights is that they cannot obtain insurance.He mentioned that other
airplane operators are required to have insurance and hewas concernedthat ultra lights would not
have any in case there was an accident.
Dr.Covey stated that the conflict seems to be between the ultra lights and the fixed wing aircraft s~\
and the issue ofinsurance.He suggested that perhaps some Council members could sit in on the v
Commission's meetings if that would help. He pointed out that the Municipal Airport has certainly
improved since the Airport Commission was established.
Mr.Shinn felt that the insurance issue is a concern.He felt the Airport Commission has done a
good job with the Municipal Airport. He also stated he would be willing to attend the Commission
meetings if it would help.
Jack McClellan,4914 Road N NE,stated that he came to Moses Lake in 1990 and has a hanger
and airplane at the Municipal Airport. He stated that he is also a member of the EAA Club which
helped obtain and improve the building now used as the Operations Center.
There was some discussion and it was the consensus that Mr.Shinn and Dr.Covey would begin
attending the Airport Commission meetings.
//C3 MUNICIPAL COURTSERVICES
Joseph K.Gavinski,City Manager,stated that a revised agreement has been received from the
Grant County Commissioners concerning the provision of municipal court services.He mentioned
thatthe city uses the Municipal Court Judge approximately 1hour permonth.He suggested using
2 hours per month to calculate whatthe city should payfor thejudge'sservicesso as totake into
account overhead expenses. The would equalabout$272.92 permonth.He suggested thatthe
city inform GrantCountythat this isthe amount the cityis willing to pay.
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James. A.Whitaker,City Attorney,statedthatthejudgesare in favor of using double their hourly
salary asthecosttothe cities for their services.He mentioned that all the cities he represents are
in favor of this formula.
There was some discussion by the Council.
Action Taken:Mr.Tracy movedthatthis item be tabled,seconded by Dr.Covey,and passed
unanimously.
PIONEER MEMORIAL GARDENS
Don Korpinen has requested the city to investigate whether thedeed restrictions onthe Pioneer
Memorial Gardens have been violated andwhetherthe citycan re-enterand retake possession of
the cemetery.
Mr.Korpinen stated that his sonis buried atthe cemetery.He stated that Farm Unit 228 and 112
were combined to make FarmUnit231,which is not inthe irrigation district.At one time there was
a cemetery association that took part of Farm Unit 231 and quit claimed it tothe city for operation
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CITY COUNCIL MINUTES July 22,2003
of the cemetery.In 1956 the cityquit claimed the land to the Oddfellows in order for them to
operatethe cemetery.In 1989,Pioneer Memorial Gardens was dedicated ontwo parcels of land -
one containing 10.9 acres and one containing 10 acres,excluding 2.2 acres for cemetery
operations.In 1999 John Gaunt,oneofthetrusteesandoperators ofthe cemetery,sold portions
of Farm Unit 231,BIk 41 to hiswife Leavitta Gaunt.In 2001 Mark Benson purchased 11 acres of
cemetery ground.There are 10acres missing somewhere.In 1956 oneofthe conditions ofthe
deed from the city wasthatthecemeterywastobe operated at all timesas normal andreasonable
as is usual for cemeteries inthis area. He feltthe operator of the cemetery has the obligationto
take careofthe gravesandto make surethe living havea place to bury theirloved ones andnot
be harassed and harangued and toldthat flowers,flags,and balloonsare not allowed.
^-^Mr.Tracy pointed out that the city could only re-take the cemetery if is operated for any other
purpose.It would take a law suitto determine whether ornotthe cemeteryis notbeing properly
operated.
Mr.Shinn felt that the 10 missing acres should also be researched.
Joseph K.Gavinski,City Manager,statedthatthecemeteryassociation operated thecemeterybut
usedthe city to administer the funds.In 1956the association askedthe city toendorse giving the
cemeteryto the Oddfellows,which the city did by resolution.To makethe transfer happen the
property was first deeded to the city andthen the city deeded it to the Oddfellows.When the
property was transferred the provision about retaking the property was inserted.
Itwas the consensus of the Councilthat the City Attorney investigate the issue of whether or not
the cemetery is being administered properly and also the missing 10 acres.
ORDINANCES AND RESOLUTIONS
ORDINANCES -ENCROACHMENT - 2nd READING
Ordinances were presented which amend the C-1,Central Business District Zone, and C-2,
General Commercial and Business Zone,to allow the encroachment of a building or structure over
dedicated right-of-way withthe approvalof the Community Development Department.
The ordinanceamending Chapter 18.28 ofthe Moses Lake Municipal Code entitled"C-1,Central
Business District Zone"was read by title only.
(Action Taken:Mr.Pearce moved that the second reading ofthe ordinance beadopted,seconded
>—/by Mr.Reese,and passed unanimously.
The ordinance amending Chapter 18.32 ofthe Moses Lake Municipal Code entitled"C-2,General
Commercial and Business zone"was read by title only.
Action Taken:Mr.Tracy moved that the second reading of the ordinance be adopted,seconded
by Mr.Blessing,and passed unanimously.
ORDINANCE - EMERGENCY MEDICAL AND AMBULANCE SERVICE - SINGLE READING /Ofe
An ordinance was presented which makes it clear that with the establishment of the ambulance
service inthe Cityof Moses Lake that the city is responsible for providingthis service inside the city
limits.
Joseph K.Gavinski,City Manager,stated that due to the changes in the licensing from the
Department of Health, it appears that a second ALS license will be issued in this area.The
Department of Health may be looking at carving out service districts.Grant County Fire District#5
hastakenthe position that they have the right to provide ambulance service inside their district and
this ordinance provides that same authority for the city.
The ordinance amending Chapter 2.30 of the Moses Lake Municipal Code entitled "Emergency
Medical and Ambulance Service"was read by title only.
Action Taken:Dr.Covey moved that an emergency exists and the ordinance be adopted on a
single reading,seconded by Reese.
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Mr.Shinn questioned whether or not an inter-local agreement would be needed for the air
ambulance to operate in the city.
Mr.Gavinski stated that the ordinance would only affect ground ambulances.
Mr.Shinn felt the ordinancewent too far inthat itdoes not allow the public to choose the ambu
lance service they want when it comes to transports.
Mr.Tracy pointed outthatthe ordinance deals with emergency ambulance service only.
A letter wasreceived from Dr.D.L.Curnel,Dr.Thomas Steffens,and Dr.Sandeep Mittal endorsing
the city's ambulance service.
The motion passed with Mr.Shinn opposed.
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CITY COUNCIL MINUTES July 22, 2003
/Q2'<ORDINANCE -PARKING REGULATIONS - 1st READING
At the request ofthe School District,an ordinance was presented which would prohibit parking
during schoolhours,exceptforschool buses, along Fourth Avenuefrom Elm Street and extending
325'along the southeasterly side of Fourth Avenue.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
Action Taken:Mr.Tracy moved that the first reading ofthe ordinance be adopted, seconded by
Mr.Pearce,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION -None
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
VISION 2020/TRASH
Richard Beeson stated that Vision 2020 gave out bags to someone who is picking up trash on
Wanapum.There are now 10 bags outthere and he wanted to know when itwould be picked up.
There was some discussion about picking upthe bags and Mike O'Neill volunteered to pickup the
bags.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
//3?AMBULANCE REPORT
The ambulance report for June 2003 was presented.
INVESTMENT REPORT/0O3
The investment report shows that the city received $68,063.89 in investment income for June
2003.
//5<SALES TAX/TRANSIENT RENTAL INCOME
-e-Joseph K.Gavinski,City Manager,reported that the city received $264,890.81 in sales tax and
$19,020.22 in transient rental income for June 2003.
/D0(p AIRPORT FINANCIAL REPORT
The Airport Financial Report was provided to the Council.
//3(s QUARTERLY FINANCIAL REPORT
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The second quarter financial report was provided to the Council.
AGCCT
Council was reminded of the AGCCT meeting on July 31 at Quincy.
The regular meeting was adjourned at 9:35 p.m.
ATTEST:
Finance Director
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