2003 10 14u
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6024
MOSES LAKE CITY COUNCIL
October 14,2003
Council Present:Lee Blackwell, Larry Tracy, Brent Reese,Steve Shinn,Richard Pearce,Ron
Covey,and Chris Blessing
MINUTES:Mr.Blessing moved that the minutes of the September 23,2003 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 RCW42.24.080,and those
expense reimbursement claims certifiedas required by RCW 42.24.090, have been recorded on
a listing which has been made availableto the City Council.
Claims:The vouchers included on the below list as modified by the Council and noted upon said
list forthe Council meeting of October 14, 2003 for the funds listed below are approved in the
amount of $537,532.21.
GENERAL FUND $79,020.47
STREET 50,624.71
STREET REPAIR/RECON 19,338.64
EQUIPMENT LEASES 3,626.90
PWTF LOAN -STRATFORD 40,602.09
2002 REFUNDING BONDS 204.60
WATER/SEWER 57,471.73
1996 BOND REDMPT FUND 4,997.50
W/S CONSTRUCTION 74,240.27
W/S LEASES 1,745.89
SANITATION FUND 102,762.70
AIRPORT 519 56AMBULANCESERVICEFUND12,097!o4
AMBULANCE DEBT SERVICE 1,123.10
UNEMPL COMP INS 375.00
CENTRAL SERVICES 13,072.22
EQUIPMENT RENTAL 50,236.98
BUILD MAINTENANCE 25,342.81
FIREMANS PENSION 130.00
TOTAL $537,532.21
Prepaid Claims:Prepaid claimsapprovedbythe CityManager 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 availableto the City Council.The
claims listed below are approved in the amount of $11,655.72 for allfunds.
-1,159.58 SANITATION FUND 3.81
GENERAL FUND 63.72 CENTRAL SERVICES 2,643.58
EQUIPMENT LEASES 1,624.17 EQUIPMENT RENTAL 6,056.14
W/S LEASES 1,204.57 BUILD MAINTENANCE 59.73
TOTAL $11,655.72
Claim Checks:Checks 20838 through 21029 issued September 24, 2003 through November 10,
2003 were approved for payment at the Council meeting held on October 14, 2003 in the total
amount of $1,720,81.90.
Payroll:The payroll issued on September 26,2003 having been approved pursuantto the rule of
the City Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 32816
through 32865 in the total amount of $48,585.18.
Payroll:The payroll issued on September 30, 2003 havingbeen approved pursuantto the rule of
the City Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 32866
through 32881 in the total amount of $3,574.54.
Payroll:The payroll issued on October 10,2003 having been approved pursuant to the ruleofthe
CityCouncilset forth in Moses Lake Municipal Code 3.42.040,was paidby checks 328833 through
32931 in the total amount of $46,714.81.
EMPLOYEE PRESENTATIONS/AWARDS
Pubic Works:Judi Ellis,Water Quality Specialist,was presented to the Council.
Parks and Recreation:Ann Golden,Collection Manager for the Museum and Art Center,was
presented to Council.
Fire Department:Sean Hoxie,Paramedic/Firefighter,and Phil Walker,Fire Captain,were
presented to the Council.
CONSENT AGENDA
Accept Work -Larson WWTP Upgrades-2003:Apollo,Inc.has completed work on the 2003
Larson Wastewater Treatment Plant Upgrade Project.The work should be accepted and the 45-
day lien period entered into.
Resolution -Accept Donation -Moses Lake Trailer Park: A resolution was presented which
accepts a $50 donation from Moses Lake Trailer Park.The funds are to be used for equipment
for the Tactical Response Team.
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6025
CITY COUNCIL MINUTES October 14,2003
fCZ/tr Resolution -Accept Donation -Wal-Mart Foundation:A resolution was presented which accepts
$500 from the Moses Lake Wal-Mart Foundation.The funds are to be used by the Tactical
Response Team.
/D/3 Resolution -Accept Easement -Elliott:A resolutionwas presented which accepts an easement
from Eyler Elliott for a reservoir drain pipe to serve Reservoir #4.
/0/3 Resolution - Accept Easement -Titan I.LLC:A resolution was presented which accepts an
easement from Titan I,LLC for water main improvements constructed in conjunction with the
Columbia Basin Alternative School.
/0/3 Resolution -Release Easement -Titan I.LLC: A resolution was presented which releases the
easement for the water main along the east,south,and west sides of the Titan I Building.
//bb Resolution - Accept Water Main - Leone and Keeble.Inc.:A resolution was presented which
accepts watermain improvements from Leone and Keeble,Inc.constructed in conjunction with the
Columbia Basin Alternative School.
//3L>Resolution -Unclaimed Checks:A resolution was presented which cancels unclaimed checksand
provides for the distribution of the cancelled amounts as required by law.
JOf7 Resolution -Right-of-Wav Vacation -Westlake Tracks:A resolution was presented which sets a
public hearing date to consider the vacation of the remaining right-of-way in Westlake Tracts.
JO£y Resolution -Claim for Damages -Agent:A resolution was presented which appoints the City
Manager as the agent to receive claims for damages filed against the city.
Action Taken:Mr.Shinn moved that the Consent Agenda be approved,seconded by Dr.Covey,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS
WELL18PUMPHOUSE
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The city received three bids for the Well 18 Pumphouse project which includes installing the pump,
motor,valving,piping,electrical controls,and constructing a pump house.Staffrecommended that f\
the bid be awarded to Irrigators,Inc.as the low bidder.'
John Roberts,Irrigators, Inc.,stated that itis important to begin work on the project and any delay
could create problems with cold weather.
Gary Ash,National Frozen Foods,stated that they and J. R.Simplot are on the same aquifer as
Well #18 and they are concerned that the testing on Well #18 was performed at a time when their
plants were not operating.He stated that they pull about3,000 gallons per minute from the aquifer
and were concerned that the aquifer may not fully supply all users.
Gerry McFaul, City Engineer,mentioned that Well #17 is the only source of water in the area and
with the concern about health and safety if the well were out of service,the city applied for
permission to construct an additional well. It has taken five years for the Department of Ecology
to approve Well #18 as an emergency withdrawal point. After the well was drilled,it was pump
tested and over a 12 hour period the draw down was 3"a mile away atWell #12.The city does not
feel that National Frozen Foods,Simplot,orWell 12 would be drastically affected by Well 18.He
pointed out that Well #18 is a redundant wellto be used in case Well #17 orWell #12 needsto be
replaced or worked on. He mentioned that should anything affect the wells at National Frozen
Foods or Simplot,they have the rightto appeal to the Department of Ecology.
There was some discussion by the Council.
Mr.Shinn pointedout that there are 12 other wells inthe area ofWell #18 withone well within 3/4
of a mile. He mentioned that there is a concern the well was not property sealed on the bottom and
until DOE states the seal is propertythe cityshould delay installation of the pump. He stated that
the publishedwaterrightstransferlegalnoticewas for a withdrawal rateof750 gallonsperminute.
The proposed pump is designed to a 1700 gallons perminute withdrawal.Hewould recommend
thatthe bid award be delayed two weeks until DOE certifies thatthe citycan pump 1700 gallons f)
perminute from this well.Hementionedthat he hade-mailedhisconcerns aboutthis well to the
other Council members.
Mr.Pearce pointed outthatthe well was granted with no additional water rights,the cityis simply
using its existingwater rightsto pump water out of the well.
Mr.McFaul stated that he had contacted DOE about the confusion over the amount ofwater that
can be pumped out ofWell #18.According to DOE there is no limit on the amount of waterthat
can be withdrawn,so long as the citydoes not exceed its allowed withdrawal amount for al of its
water rights.He pointed outthe casing was built to DOE standards andsealed according to DOE
standards. He mentioned that there is no problemwiththe seal but the well has down hole flow
from one zone to another. However, both are inthe Wanapum aquifer and Mr.Brown from DOE,
statedthat DOE never required suchdownholemovementtobesealed for protection ofthe aquifer
and doesn't know why the DOE would start now.
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CITY COUNCIL MINUTES October 14,2003
Action Taken:Mr.Shinn moved that the bid be awarded to Irrigators, Inc. in the amount of
$245,348.70 provided the Department of Ecology has no major issues with the well,seconded by
Dr.Covey.
There was some discussion by the Council on the role ofthe DOE with regard to the well.
Mr.Pearce pointed out that it took the DOE five years to give authorization to the city to construct
the well.The DOE has given the cityverbal confirmation that they have no issues with the well and
it could take months or years to obtain that in writing.
I)There was additional discussion by the Council.
Dr.Covey withdrew his second.
Action Taken:Mr.Pearce moved that the bid be awarded to Irrigators, Inc. in the amount of
$245,348.70,seconded by Mr.Tracy,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
WATER SERVICE -JACKSON
Robert Jackson,owner of 2829 Westshore Drive,Stade Orchard Tract 95,has requested
permissiontoconnectto citywateron Westshore Drive.The lotdoes not front onthe new right-of-
way of Westshore Drive.The new alignment has created a lot between the new and the original
right-of-way ofWestshore Drive.Grant Countyhas indicated thatthe original alignment will notbe
vacated. The request is to extend a water service line across the original right-of-way and the
newlycreated lot.Staff would require thatawatermainbe extended along the original Westshore
alignment to service the lot.
Gerry McFaul,CityEngineer, stated that staff recommends that the water linebe extended along
the old alignment of Westshore Drive (F.6)ratherthan extend a water linethrough the property
created by the re-alignment of Westshore Drive and owned by Carmel Galloway.Allowing the
extension of this water linethrough private propertywould probably result in such a request from
all the additional homes on F.6. That would place the meters on the new alignment of Westshore
Drive and no fire hydrants would be nearthe existing homes.
Robert Jackson,Cheney,stated that the same person owns the new lot as well as Lot 97. He
i stated that Lot 96 isthe only other lot that does not have water service.Lots 92,93,and 94 are
\~J all developed asone lot and there is an existing well to service them.Lots 90and 91 are owned
by the same person and water service is available to them. He mentioned that onlyone other
home would need water service along F.6 and he felt the cost of extending a water line was too
high for only two lots.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that the request for city water be denied,seconded by Mr.
Reese,and passed unanimously.
DEVELOPMENT REGULATIONS -PUBLIC HEARING
The draft development regulations were presented to the Council.
Gilbert Alvarado,Community Development Director,stated that the Council and Planning
Commission have held a study session on the development regulations.At the study session the
chapters dealing with the agriculture,residential,and commercial zones were discussed. An
additional study session was scheduled for October 21.
ActionTaken:Mr.Tracy moved that the publichearing be opened,seconded by Mr.Shinn, and
passed unanimously.
Kerry Garbe, 9032 Castlewood, owner of Garbe Motors at 704 W.Third,stated that he built his
building forthe purpose of a used car lot.The proposed zone will disallow used cardealers and
will render the building worthless.He feltthat his property rightswould be affected.
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LisaWinningham, 835 S.Juniper,urgedthe Council to adoptthe strictest regulationspossible on
adult entertainment.
KimberlyDrake,Executive Director,Citizens for Community Values,P.O.Box 369,Moses Lake,
stated that this organization helps communities draft,understand,and pass ordinances on adult
entertainment.She requested a moratorium to adult entertainment usesto allowtime for changes
to the definition ofadult retail useestablishments.As it exists,an adult book storecould be located
next to a day care or in close proximity to a school.She stated that she has had personal
experience with the adult entertainment industry.She stated that adult entertainment establish
ments cause an increase in crime, a decrease in property values,and loss of businesses,She
submitted the following information -letterto Anne Henning,Associate Planner, a letter from Patty,
testimony of DavidSherman,an articlefrom the Spokesman Review,an articlefrom Martin Luther
King, Jr., and other information.She recommended that a moratorium be established on adult
entertainment and retail uses because they are being driven out of Spokane;make revisions to
chapter 18.73 to expand the definition of adult entertainmentto include adult retailestablishments;
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CITY COUNCIL MINUTES October 14,2003
increase the fees;increase the lighting requirements;change the closing hours to 2 a.m.to 10
a.m.;extend the buffer from 500'to at least 750'and preferably 1,000'.She recommended that
the city look at the ordinance from the City of Bellevue.She felt that the 1,500'distance between
adult entertainment establishments was very good but recommended that it be from property line
to property line because otherwise the operators will interpret that to be building to building.
Deea Paul,518 Washington,was opposed to adult entertainmentusesin the city because ofhealth
and safety issues,the increase in crime,etc.and requested that a moratorium be established on
adult entertainment uses until the standards are established.
Keith Easterly,813 E. Lark,stated that itis a fallacythat obscenity or pornography is protected by (j
the firstamendment and hewould liketo see adult entertainment prohibited in Moses Lake and not
just regulated. He recommended that the regulations be as strictas possible to discourage adult
entertainment uses from locating in the city.
Doug Sherman,714 S. Catalpa,stated that pornography installs destructive attitudes and values
in young people,especially 12 to 17 year old males.It contributes to abusive attitudes towards
women which encourages inequality,sexual harassment,and violence.Pornography is a public
health and safety issue.
Gary Ash,410 Crestview,urged the Council to put the strictest limits possible on adult entertain
ment.
Aaron Hull,4380 Dunn, felt that adult entertainment uses should be regulated as strictly as
possible.
Delone Krueger,612 W.Third,stated that the proposed changes in the commercial zones will
affect many property owners and some of the existing businesses will be prohibited.This would
create a hardship for those property owners when they wished to sell their business.
Eliza Shaffo,3997 Road 6.5 NE,submitted two letters concerning the proposed commercial zone.
Michael Harris, P.O.Box 324,stated that he has lived in Moses Lake for 48 years.He felt that
allowing adult entertainment would have an adverse affect on the city and its citizens.He
recommended that the city make itvery difficult for adult entertainment businessesto locate inthe
city.
Mr.Blackwell read letters from Robert Shaffo,Elissa Shaffo,and Pat Reiley which expressed /—\
concern about the proposed changes in the commercial zones.''
Larry Brice,826 Hawthorne,was opposed to adult entertainment facilities in the city.
Action Taken:Dr.Covey moved that the public hearing be continued to the next meeting,
seconded by Mr.Blessing,and passed unanimously.
There was some discussion by the Council and itwas requested that Chapter 18.73 be amended
to address some of the concerns expressed by the public and the ordinance be brought back at
the next meeting for a first reading.
ORDINANCES AND RESOLUTIONS
/OS*/ORDINANCE -AMEND 18.32 -CARGO CONTAINERS -2nd READING/PUBLIC HEARING
An ordinancewas presentedwhich amendsthe requirements forthe placement oftemporarycargo
containers to a one-time conditional use permit provided no changes take place from yearto year.
Should anything change,such as location,number,etc.,a new conditional use permit would be
required.
An ordinance amending Chapter 18.32 ofthe Moses Lake Municipal Code entitled "C-2,General
Commercial and Business"was read by title only.
The public hearing was opened.
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Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Shinn,and
passed unanimously.
Action Taken:Mr.Tracy moved that the second reading ofthe ordinance be adopted,seconded
by Mr.Blessing,and passed unanimously.
ORDINANCE -AMEND 2003 BUDGET -1st READING
An ordinance was presented which amended the 2003 budget.
The ordinance amending the 2003 budget for the City of Moses Lake,Washington,was read by
title only.
Action Taken:Mr.Shinn moved that the first reading of the ordinance be adopted,seconded by
Mr.Pearce,and passed unanimously.
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6028
CITY COUNCIL MINUTES October 14,2003
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
MANTA RAYS SWIM MEET
The Manta Rays Swim Team has requested the use of the aquatic center on July 30 through
August 1,2004 for theirannualswimmeet. The Parksand RecreationCommissionrecommended
that the request be granted.
I j Action Taken:Mr.Tracy moved that the request be granted,seconded by Mr.Blessing,and
^-"^passed unanimously.
FARMERS MARKET -USE OF CIVIC CENTER PARK
The Columbia Basin Farmers Market and Craft Bazaar requested the use of the CivicCenter Park
in2004 on Wednesday evenings and on Saturdays from June through October. The Parks and
Recreation Commission recommended that the request be granted.
Action Taken:Mr.Pearce moved that the request be granted,seconded by Mr.Tracy, and passed
unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
BANKING CONTRACT
Staff recommended that a new banking services contract be awarded to Sterling Savings Bank.
The current contract with Bank of America expires on February 1,2004.
There was some discussion by the Council.
Action Taken:Mr.Blessing moved that the banking services contract be awarded to Sterling
Savings Bank,seconded by Mr.Tracy, and passed unanimously.
2004 PAVER PROJECT
Seventeen property owners in the downtown area have agreed to participateinthe 2004 Paver
,Project.The project consists of the removal of approximately 4,800 feet of sidewalk and the
v_y installation of red concrete pavers.The cost of the project is about $960,000 plus engineering
costs of about $240,000.Staff requested a budget adjustment of $80,000 for the preliminary
engineering in 2003.
Joseph K.Gavinski, CityManager,stated that the funds forthis projectwould have to be borrowed
from the Sanitation Fund and this project is included in the 2004 budget.
There was considerable discussion by the Council on the cost of the project.
It was the consensus of the Council that staff proceed with the design of the project and that
$80,000 be earmarked for the design costs.
SEWER LINING PROJECT 2003
Staff requested authorization to increase the 2003 Sewer Relining Project by $70,000 in order to
line additional sewer mains and a failed drain line located under the aquatic center.
Action Taken:Mr.Shinn moved that the 2003 Sewer Relining Project be increased by $70,000,
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
AMBULANCE REPORT
^^The ambulance report for September 2003 was presented.^'
INVESTMENT REPORT
The investment report showsthatthe city received $23,247.51 ininvestment income for September
2003.
SALES TAX/TRANSIENT RENTAL INCOME
Joseph K.Gavinski, City Manager, reported that the city received $292,518.06 in sales tax and
$41,227.55 in transient rental income in September 2003.
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6029
CITY COUNCIL MINUTES October 14, 2003
AUDIT
Joseph K.Gavinski,City Manager,provided a response tothe findings ofthe auditor'sconcerning
the city's use of the hotel/motel taxes.The auditors determined that the hotel/motel taxfunds could
not be used to support the summer concert performers. The city disagreed with that interpretation
and sent a letter to the State Auditor's Office to that effect.He also mentioned that the auditors
took exception to the funds the city pays to the Chamber of Commerce even though the city has
done that for a number of years.
There was some discussion bythe Council and itwas the consensus that the city continue funding -.
the concert series with hotel/motel tax funds.
BUDGET
The 2004 Preliminary Budget has been distributed and study sessions should be set at the next
regular meeting.A list of the items eliminated from the 2004 budget was distributed.
The regular meeting was recessed at 10:45 and the Council met in an executive session to discuss
potential litigation.The executive session was adjourned at 11 p.m. and the regular meeting was
reconvened.The regular meeting was adjourned at 11 p.m.
ATTEST:^MiyoT
Finance Director
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