2003 12 23MOSES LAKE CITY COUNCIL
December 23,2003
6054
Council Present: Lee Blackwell,Larry Tracy, Brent Reese,Steve Shinn,Richard Pearce, Ron
Covey,and Chris Blessing
MINUTES:Mr.Reese moved that the minutes of the December 9,2003 meeting be approved with
the correction that Mr.Tracy made the motion,seconded by Mr.Blessing,to table the PUD
franchise ordinance,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,
{^J seconded by Mr.Reese,and passed unanimously.
Vouchers auditedand certified bythe Finance Director as required by RCW42.24.080,andthose
expense reimbursement claims certified as required by RCW 42.24.090,have beenrecorded on
a listing whichhas been made available to the CityCouncil.
Claims:The vouchers included on the below listas modified by the Council and noted upon said
list for the Council meeting of December 23,2003 for the funds listed beloware approved in the
amount of $401,778.53.
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GENERAL FUND $28,901.46
TOURISM ACTIVITIES 2,487.30
PATHS AND TRAILS 54.98
STREET 2,827.08
STREET REPAIR/RECON 14,835.33
EQUIPMENT LEASES 2,928.40
P & R IMPROVEMENT 2,033.79
WATER/SEWER 49,745.37
W/S CONSTRUCTION 202,270.44
W/S LEASES 1,403.54
SANITATION FUND 31,390.19
AIRPORT 71.91
AMBULANCE SERVICE FUND 3,758.02
AMBULANCE DEBT SERVICE 508.85
SELF INSURANCE 181.10
CENTRAL SERVICES 4,552.95
EQUIPMENT RENTAL 40,613.87
BUILD MAINTENANCE 13,142.95
FIREMANS PENSION 71.00
TOTAL $401,778.53
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 availableto the City Council.The
claims listed below are approved inthe amount of $18,794.69 for all funds.
GENERAL FUND $17,999.54
STREET 360.25
AMBULANCE SERVICE FUND 64.14
CENTRAL SERVICES
EQUIPMENT RENTAL
TOTAL
357.81
12.95
$18,794.69
Prepaid Claims:Prepaid claimsapprovedbythe CityManageraccording tothe 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 $6,698.28 for all funds.
GENERAL FUND
PATHS &TRAILS
WATER/SEWER
$627.42 AMBULANCE SERVICE FUND 5,000.00
171.36 CENTRAL SERVICES 887.86
11.64 TOTAL $6,698.28
Prepaid Claims: Prepaid claims approved by theCity 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 $910.99 for all funds.
GENERAL FUND
STREET
$893.15
14.336
WATER/SEWER
TOTAL
3.51
$910.99
Prepaid Claims:Prepaid claims approved by the City Manager according 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 $95,924.32 for all funds.
CITY COUNCIL MINUTES:2 December 23,2003
AMBULANCE SERVICE FUND 4,136.85
AMBULANCE DEBT SERVICE 3,916.00
CENTRAL SERVICES 354.36
BUILDING MAINTENANCE 3,667.90
TOTAL $95,924.32
Claim Checks: Checks 21764 through 21949 issued December 9, 2003 through December 19,
2003 were approved for payment at the Council meeting held on December 23, 2003 inthe total
amount of $898,540.97.
Payroll:The payroll issued on December 19,2003 having been approved pursuant tothe rule of
the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 33172
through 33222 in the total amount of $49,159.77.
Payroll:The payroll issued on December 31,2003 having been approved pursuant tothe rule of
the City Council set forth in Moses Lake Municipal Code 3.42.040, was paid by checks 33223
through 33238 in the total amount of $6,629.43.
GENERAL FUND $46,587.28
PATHS &TRAILS 237.31
STREET 519.14
WATER/SEWER 36,421.96
AIRPORT 85.32
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CITY COUNCIL MINUTES December 23,2003
EMPLOYEE PRESENTATIONS/AWARDS
10/2\Summer Concert Series:In recognition oftheirsupport ofthe city's2003 summer concerts atthe
Centennial Amphitheater,awards were presented to Amerihost Innand Suites,Moses Lake Lions,
Moses Lake Lioness,Lemargie and Whitaker,Moses Lake Clinic,and Weyerhaeuser.
/O/Ps Paths and Trails:Mr.Blackwell presented a plaque to Debby Miller and Becky Meyer for their
efforts on behalf of the Paths and Trails Committee, which is part of the Healthy Community
Project.
/D/3s Healthy Community Proiect:Sally Goodwin,Coordinator of the Healthy Community Project,C^\
presented Mr.Blackwell withan award for this efforts on behalf ofthe HealthyCommunity Project.
CONSENT AGENDA
/(y/C0,Resolution -Accept Donation -Mason:Aresolution was presented which accepts approximately
50 items from Japan from Margaret Mason.These items will become partof the Museum and Art
Center collection.
/OtyG>Resolution -Accept Donation -Summer Concert Series:Aresolution was presented which accepts
the donations by various businesses and organizations for the 2003 summer concert series at the
Centennial Amphitheater.
jO/^Resolution -Meeting and Customer Relations Expense Policy:A resolution was presented which
adopts a policy allowing the city to provide drinks and food to employees and the public under
certain conditions.
//3&"A Resolution -Investment Account Applications and Investment Safe Keeping Agreements:A^resolution was presented which authorizes certain employees to sign investment account
applications and investment safe keeping agreements.
Action Taken:Mr.Blessing movedthat the Consent Agenda be approved,seconded by Mr.Reese,
and passed unanimously.
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COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS
POLICE CARS
The city received one bid for the police vehicles from Discovery Ford.The bid was about $7,000
above the state contract.
Action Taken:Mr.Pearce moved that the bid be awarded to Discovery Ford in the amount of
$107,211.07,seconded by Dr.Covey,and passed with Mr.Tracy opposed.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS
ORDINANCE -ADOPT 2004 BUDGET -2ND READING
An ordinance was presented which adopts the 2004 budget.
The ordinance adopting the budget for the City of Moses Lake,Washington for the year of 2004
was read by title only.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded
by Mr.Blackwell.
Mr.Shinn feltthat changes should be made in some of the budget items. He feltthat the police
budget should be increased so that the citycould hire two additional officers.
Action Taken:Mr.Shinn moved that the motion be amended to increase the Police Department
staffbytwo officers and increase the budgetby $150,000,seconded by Mr.Blessing.
Dr.Covey stated that he was in agreement with the need to increase staffing in the Police
Department but did not feel thatitwas necessaryto amendthe budgetatthis time.
Mr.Pearce pointed outthatchanging the amount ofthe Police Department budget doesnotchange
the amounts inthe ordinance. He did not feel the amendment was necessary as it doesn't affect
the ordinance.
Mr.Shinnstatedthathe felt itwas important toletthe Police Department andthe public knowthat
theCouncil feels that public safety isimportant and increasing the Police Department budget would
do that. He mentioned that this isthe time to letthe staff knowwhat the Council feels is a priority
for next year.
There was some discussion by the Council.
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CITY COUNCIL MINUTES December 23,2003
The motion toamendthe budgetpassed with Mr.Reese,Mr.Blessing,Mr.Tracy,and Mr.Shinn
in favor and Mr.Blackwell,Mr.Pearce,and Dr.Covey opposed.
Action Taken:Mr.Shinn moved thatthe motion to adoptthe budget be amended to provide for
$200,000 to construct restrooms in the Civic Center Park,seconded by Mr.Blessing.
Mr.Pearce pointed out that construction ofrestrooms isnot aline item in this budget ordinance anditwouldnotchangetheamountofthefund.He felt that this project could be accomplished without
making anamendmenttothe budgetordinance atthis time.
r Mr Shinn stated thatitis important for theCouncil to prioritize projects and amending theordinance
\J would do that.He mentioned that ifthe restrooms are tobe constructed in 2004,staff would need
tobegin working on them as soon as possible.He felt that restrooms at the Civic Center Park are
important not only for the Farmers Market but for the general public as well.
There was some discussion by the Council.
The motion toamendthe ordinance to provide for restrooms atthe Civic CenterPark failed with Mr.
Reese,Mr.Pearce,Dr.Covey,and Mr.Blackwell opposed and Mr.Shinn,Mr.Tracy,and Mr.
Blessing in favor.
The motion to adopt the 2004 budget as amended passed with Mr.Shinn and Mr.Blessing
opposed.
ORDINANCE -AMEND 2003 BUDGET -2ND READING
An ordinancewas presented which amends the 2003 budget.
The ordinance amending the 2003 budget for the City ofMoses Lake,Washington,wasread bytitle
only.
ActionTaken:Mr.Shinn moved that the second readingofthe ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCE -CREATE CHAPTER 1.16-CITY SEAL AND LOGOS -2ND READING ///(^
An ordinance was presented which identifies the existing city logosas valuable assets ofthe city
and provides guidance fortheir usage.
v->*The ordinance creating Moses Lake Municipal Code Chapter 1.16 entitled "City Seal and Logos"
was read by title only.
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Action Taken:Mr.Blessingmovedthatthe second reading ofthe ordinance be adopted,seconded
by Mr.Tracy, and passed unanimously.
ORDINANCE -AMEND 2003 BUDGET -SINGLE READING
An ordinance was presented which amends the 2003 budget.
The ordinance amending the 2003 budget forthe Cityof Moses Lake,Washington,was readbytitle
only.
Action Taken:Dr.Covey moved that an emergency be declared and the ordinance be adopted on
a first reading,seconded by Mr.Pearce,and passed unanimously.
ORDINANCE - PUD FRANCHISE -1st READING
An ordinance was presented which grants a franchise to the Grant County PUD to locate,construct,
operate,and maintain their facilities within the city's rights-of-way and other public property.
The ordinance granting to Public Utility District No. 2 of Grant County a franchise to locate,
construct,operateand maintain facilities within allcity rights-of-way and other public property in the
City of Moses Lake,Washington was read by title only.
Action Taken:Dr.Covey moved that the ordinance be removed from the table,seconded by Mr.
Tracy,and passed unanimously.
Joseph K.Gavinski,City Manager,stated that the PUD still has the same concerns as expressed
in their letter of December 8. Also, a ordinance showing changes suggested by Mr.Tracy was
distributed.
Mr.Tracy stated that he was concerned about the $2,000,000 limit on liability insurance on a 25
year franchise.He suggested that languagebe added to allow for reviewand adjustmentofthat
amount during thetermofthe franchise.Also,languagewas addedto provide for a processonthe
revocationof the franchise, ifit becomes necessary.
Action Taken:Mr.Tracy moved thatthe first reading oftheordinance with the suggested changes
be adopted, seconded by Mr.Blessing,and passed unanimously.
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CITY COUNCIL MINUTES December 23,2003
REQUEST TO CALL FOR BIDS
SEWER TRUCK TO DUMP TRUCK
Staff requested authorization to call for bids for the conversation of the 1985 aquatech sewer
vacuum truck into a dump truck with a snow plow and sander.
Gary Harer,Municipal Services Director,stated that inorderto have the truck ready forthe 2004-
2005 winter season,staff will have to begin the conversion as soon as possible.
Action Taken:Mr.Pearce moved that staffbe authorized to call for bids,seconded by Mr.Reese,f-y
and passed unanimously.f )
/OIJ LINE STRIPER
Staff requested authorization to call for bids for a new line striperwhich will be used to paint
centerline stripes and fog lines.
ActionTaken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Tracy,
and passed unanimously.
REFERRALS FROM COMMISSIONS
REQUEST TO USE CASCADE PARK
Northwest Water Competition has requested the use of Cascade Park on September 25 and 26,
2004 as a headquarters and spectator area for their American Record Regatta for competition
boats.
Action Taken:Mr.Reese moved that the request be approved,seconded by Mr.Blackwell,and
passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
JO i$"branding logo
A draft application for the use ofthe city's newCommunity Branding Logo was presented to Council
for consideration.
Joseph K.Gavinski,City Manager,stated that the application allows an applicant to appeal the
decision ofthe City Manager of the use of the logo.
Mr.Tracy wanted to know fi the fee had been established.
Mr.Gavinski stated that the fees would be outlined in the policy,which has not yet been drafted,
and which will be approved by the Council.
James A.Whitaker,City Attorney,suggested that the words "as a non-profit"be deleted from #2,
since both profitand non-profit organizations are asked to answer that question.
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Action Taken:Mr.Tracy moved that the application form be approved with the deletion of "as a
non-profit" from #2,seconded by Mr.Blessing,and passed unanimously.
REQUEST FOR WATER SERVICE
Federal Ex Ground has requested permission to connect to city water with a 1"service lineand to
city sewer witha4"lateral to serve the property at 5178 Randolph Road. The Port of Moses Lake
is the underlying property owner and they will be required to sign an Extra Territorial Utility
Agreement. The cityutilities have sufficientcapacitytoservicethis property,whichislocatedinthe
UGA.
Mr.Pearce mentioned that the city usually requiresa developer to extend water and sewer lines
through their property sothatthe next property owner can connect.This request showsthe lines
terminating less than half waythrough the property.He wanted to know if Federal Ex Ground or
the Portof Moses Lake could be requiredto extend the water and sewer lines.
Joseph K.Gavinski,City Manager,stated that extension of water and sewer lines is arequirement f"Noftheplattingprocessandsocannotberequiredatthistime.He explained that should other
businesseswish to connect tocity utilities,theywould be responsible for extending the utilities and
then requesting any reimbursement from properties who hook upata later date.
Action Taken:Mr.Tracy moved that the request to connect to city water and sewer be granted,
seconded by Mr.Shinn, and passed unanimously.
)/£//MLMC CHAPTER 8.50 -VEHICLES
The draft of an ordinance regulating nuisance motor vehicles and recreational vehicles was
presented to Council.
6058
CITY COUNCIL MINUTES December 23,2003
Richard Cole,Building Official,statedthatthe ordinance addresses the complaints the city has
received concerning junk and nuisance vehicles.
Joseph K.Gavinski,City Manager,reported that the number ofcomplaints concerning vehicles is
increasing and the proposed regulations are notuncommon in other jurisdictions.He mention that
pictures had been provided tothe Council showing someofthe problems the occur with vehicles.
The ordinance ispresentedatthistime for Council information andtoupdatethe Council onwhich
direction the city is heading indealing withthis problem.
Mr.Tracy felt the city washeading in theright direction but was concerned that each day aviolationtJwasnotcorrectedcouldbeconsideredaseparateviolationandsubjecttofines.He felt that a
reasonable period of time should be established for the correction ofthe violation.He was also
concerned that four cars are allowedto be placed in the back yard. He felt that people would
simplymove theirnuisance cars from the front yard to the back yard.
Mr.Pearce suggestedthat rather than havea fixed number ofcarsallowed ona lot,the number
of cars be based on the square footageofthe lot.He felt that a larger lotwouldhave the space
to accommodate more cars than a smaller lot.
Mr.Blackwell pointed outthat basing the number of carsa person could have on lot size would
simplygive an advantageto the personwho can afford a large lot.
Dr.Covey pointed outthatthereare some areas in the city where abackyard isasexposedtothepublicviewasafrontyard.He felt staff should continue to look atthe regulation that allows the
placement of vehicles ina back yard.
Mr.Shinnwanted to know ifan ownerofthree adjoining lotscouldhave cars on all three lotseven
through there is a residence on only one lot.
James A.Whitaker,City Attorney,statedthatthe ordinance states thatvehiclesmaybe parked or
stored outside anapprovedstructure,whichwouldmean thatthey couldnotbe locatedonavacant
lot.Healso mentioned that the citywouldliketo establish a process inorderto dealwith property
owners who do not remove their vehicles.The courts can only impose fines,they cannot provide
for the removal of the nuisance vehicles.
There was some discussion by the Council and staff was directedto proceed withthe ordinance.
/\MUNICIPAL COURT AGREEMENT
An agreement has been proposed betweenthe city and Grant County for the provision of court
services within the Municipal Department of the DistrictCourt.
Mr.Tracymentionedthatthe last sentence inthe first paragraph underServices does not make
sense.
Joseph K.Gavinski,City Manager,stated that the sentence wouldmake sense ifthe second "to
provide" is deleted.
Action Taken:Mr.Tracy moved that the contact be approved withthe stipulationthat the second
"to provide"inthe last sentence of the first paragraph under Services be removed,seconded by
Mr.Blessing,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
WASHINGTON STATE COMMUNITY TRADE AND ECONOMIC DEVELOPMENT _.^771
Mr.Blackwell statedthatthe director ofthe Washington State DepartmentofCommunity Trade and
Economic Development would like to open an office in Eastern Washington,either in Wenatchee
or Moses Lake,butthe Governor has vetoed the idea.Mr.Blackwell felt that Eastern Washington
would benefit from such an office and felt that the Governor,as well as the congressional
delegation from Eastern Washington,should be contacted and encouragedto allowsuch an office
in Moses Lake.
CJ Action Taken:Mr.Shinnmovedthatthe Mayor be directed to draft a letter concerning the opening
of an office by the Department of Community Trade and Economic Development in Moses Lake,
seconded by Dr.Covey,and passed unanimously.
CITY MANAGER REPORTS AND COMMENTS
AMBULANCE REPORT
The ambulance report for November 2003 was presented./X5^
Mr.Pearce wanted to know ifthe city had received a reply from Grant County #5 concerning
ambulance service areas.
Joseph K.Gavinski,City Manager,stated that he had talked tothe Grant County Fire District #5
Fire Chief and they will continue to discuss the issue.
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6059
CITY COUNCIL MINUTES •December 23,2003
AUDIT REPORT
Joseph K.Gavinski, City Manager,stated that the city has received the 2002 audit report and there
is no finding with regard to the city's use of hotel/motel funds.
TCE ISSUE
Joseph K.Gavinski,City Manager,stated that the city has filed a $10,000,000 claim with the
federal government concerning the contamination of the city's wells with TCE.After the claim was
filed the city discovered an additional $1,200,000 that should have been included.He mentioned
that the Council would be kept informed of the progress of the law suit.
/J?£>5 UGA RAIDS/DEVELOPER AGREEMENTS
Joseph K.Gavinski, City Manager,stated that the city has received a draft agreement from Ron
Baker concerning the development of his property on Stratford Road.Staff has not yet had an
opportunity to review the agreement.He mentioned that the county has not yet published the
ordinance on their Comprehensive Plan so the appeal period has not yet started.That will give the
city additional time to review the proposed agreement.
Ron Baker stated that he is willing to include his property in the city's UGA but would like to have
10 years from the time the development agreement is signed to develop his property under county
standards,even though the property would be in the city's UGA.
There was some discussion and itwas the consensus of the Council that the agreement be brought
back to the Council for review.
The regular meeting was adjourned at 9 p.m.
ATTEST:
inance Director
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