2004 06 226126
MOSES LAKE CITY COUNCIL
June 22 2004
Council Present:Ron Covey,Richard Pearce,Brent Reese,Lee Blackwell,Steve Shinn,Dick
Deane,and Jon Lane
PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the Pledge ofAllegiance.
MINUTES:Mr.Blackwell moved that the minutes of the June 8,2004 meeting be approved as
submitted,seconded by Mr.Reese,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Nij Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved,
^-^seconded by Mr.Lane,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 Council for approval.
As of June 22,2004 the Council does approve for paymentvouches in the amount of$273,915.84
and prepaid claims of $53,374.94 and $12,740.21.
CONSENT AGENDA
Request to Sell Fireworks:Moses Lake Christian School has requested permission to sell fireworks JJ3^
at 1005 N.Stratford Road.
Request to Sell Fireworks:El Sendero Church and the Adventure Club have requested permission -^->'P
to sell fireworks at 1202 W.Broadway and 1025 N.Stratford Road,respectively.
Request to Sell Fireworks:Tina Hirz has requested permission tosell fireworks at911 N.Stratford ^•<^
Road and Wolfies Fireworks has requested permission to sell fireworks at 2135W.Broadway,1158
N.Stratford Road,and 415 S.Pioneer Way.
SixYearStreet Plan -Set Date for Public Hearing:The Council should set July 13 asthe date for J/7 7
a public hearing to consider the Six Year Street Transportation Improvement Program.
Ordinance -Westlake Tracts Zone Change -1st Reading:An ordinance was presented which ///<J
changes the zoning for Westlake Tracts from Public to C-1,General Commercial and Business.
Also attached for approval were the Findings of Fact.
Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.
Blackwell,and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None
ORDINANCES AND RESOLUTIONS -None
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
LODGINGTAX ADVISORY -CONCERT SERIES/FIREWORKS t r ^
The Lodging Tax AdvisoryCommittee recommended thatthe city'sspecialtwo percent monies be
used to fundthe 2004 fireworks displayinthe amount of $10,000 and also be used to fundthe 2004
summer concert series in the amount of $65,000.
Action Taken:Mr.Shinn moved that the recommendation from the Lodging Tax Advisory
Committee be approved,seconded by Mr.Lane, and passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
JANITORIAL CONTRACT
Authorization was requested for the City Manager tosignajanitorial contractwith ServiceMASTER.
Gary G.Harer,Municipal Services Director,statedthatthe current contract expires atthe end of
June 2004. The cityhas hada lotof problems with the existing provider of janitorial services. StaffinvestigatedthreeotherjanitorialserviceprovidersandfeelsServiceMASTERwillprovideexcellent
service.
Action Taken:Mr.Blackwell moved that the City Manager be authorized to execute the contract
with ServiceMASTER,seconded by Mr.Lane, and passed unanimously.
u
~>'J
6127
CITY COUNCIL MINUTES June 22,2004
WHEELER ROAD PROPERTY MARKETING CONTRACT
Wayne A. Hall,appraiser,has estimated the value of the city's property on Wheeler Road at
$1,700,000.A Commercial/Industrial Exclusive Sale and Listing Agreement with Mr.Hall was
presented.This agreement would allow Mr. Hall to act as the city's listing agent with regard to
marketing the city's Wheeler Road property.
Joseph K.Gavinski,City Manager,stated that the Municipal Services Director has provided an
updated cost for moving the operations and parks maintenance functions to the Municipal Airport
property.He mentioned that the agent would received 7%of the selling price.
Mr.Blackwell felt that a 7%commission is high and that the city should contact other real estate
agents.
Action Taken:Mr.Blackwell moved that the project be tabled,seconded by Mr.Shinn,and passed
unanimously.
Mr.Gavinski stated that the Council would need to authorize staff to have a standard appraisal of
the property conducted,but staff can check to see if7% is the standard commission.
Staff was directed to investigate the cost of an appraisal and to check into the commission rate.
j/^ds MUNICIPAL AIRPORT -FARM LEASE
Don Turner,TNT Enterprises,has requested to again lease the farm property owned by the city
adjacent to the Moses Lake Municipal Airport.The current lease expires on February 9,2005.
Joseph K.Gavinski,City Manager,stated that the lease amount has yet to be determined.The
existing lease rate is $40 peracre.Since the newoperations and parks maintenance buildings are
proposed to be located on this property,the lease is being presented at this time for Council
information.
Mr.Turner stated that they have leased the property for about 20 years and they would like to
continue leasing the property.He is bringing the lease up at this time because ofthe possibility of
changes being considered in the area.
There was some discussion by the Council and no action was taken.
ij^SIDEWALK REPAIR -1606 BARON PLACE
Elton and Juli Miller,1606 Baron Place,requested clarification on who is responsible for the
sidewalk repairs adjacent to their property on Division Street.The 8'wide sidewalk/bikepath and
the retaining wall were constructed as part of the city's Division Street Reconstruction Project in
1984.
Mr. Millerstated thatthe requirement for the adjacent propertyownerto maintain the sidewalk could
mean either the lot owner or the city,since the city owns the street.
Mayor Covey pointed outthat itis the lot ownerwho has the responsibility to maintain the sidewalk.
Mr. Millerwanted to know the expected life of a sidewalk and when it would be the responsibility
ofthe city to replace the sidewalk.
James A.Whitaker,City Attorney,stated that state law is clear that unless the city undertakes a
public works project to repair or replace sidewalks,the abutting property is responsible for any
repair or maintenance ofthe sidewalk.
Mr.Miller pointed out that they have sidewalks on both sides of their property,which is a greater
financial burden than other property owners who have sidewalk on only one side oftheir property.
He mentioned that the sidewalk along Division Street has been plowed bythe city in years previous
to the winter of 2003-2004 and wanted to know if the city would reinstate that program. He felt that
the lack ofsnow removal and the freeze/thaw cycle mayhave contributed to the deterioration ofthe
sidewalk.
Joseph K.Gavinski,City Manager,stated that the city has plowed sidewalks in the past but after
investigation oftheissue several years ago,the city ceased plowing sidewalks except for those ^-^
abutting city property.f)
There was considerable discussion by the Council.
Mr.Shinn felt that the property ownershould not be responsible forthe 8'sidewalkon Division since
it is abutting an arterial street and he has no access to it.
Action Taken:Mr.Shinn moved that Mr.Miller not be required to replace the sidewalk on Division
Street,seconded by Mr.Blackwell.
Mr.Blackwell feltthat the city should review the problem and provide the best and least expensive
way to repair the sidewalk.
n
n
^J
6128
CITY COUNCIL MINUTES June 22,2004
Mr.Pearce pointedout that itis the responsibility of the property owner to maintain the sidewalk
and was concerned that requiring the cityto repairthis sidewalk simply because the lot fronts on
two streets would set a precedent forthe rest of the city.
Mr.Lane wanted to know how many oversized sidewalks are inthe cityand was also concerned
about setting a precedent where the citywould be doing sidewalk repairs.
Mr.Gavinski stated that there is a lot ofsidewalks widerthan 5'in the city. He mentioned thatthere
are several ways the city could look at these situations.
Mr.Blackwell withdrew his second to the motion.The motion died for lack of a second.
No action was taken by the Council.
Staff was directed to providean inventoryof the number of sidewalks inthe cityover 5'.
PARKPLACE PLAZA MAJOR PLAT -WATER/SEWER REIMBURSEMENTS
John Hoss, Executive Vice President ofOlympic Coast Investment, is requesting thatthe waterand
sewer reimbursements attached to Lot 3, Parkplace Plat be segregated since Lot 3 has been
divided into 3 parcels under a binding site plan.
Douglas Hougan,representing Olympic Coast Investment, stated that the segregation is being
requested so thatthe reimbursements could be paid at the time each parcel is developed.
Action Taken:Mr.Pearce moved that the request to segregate the water and sewer
reimbursements for Parcels A, B,and C of Lot 3,Parkplace Plaza Major Plat be approved,
seconded by Mr.Blackwell, and passed unanimously.
RESOLUTION -ACCEPT DONATION -PARKS
A resolution was presented which accepts $144.56 from Sandy Rodriguez,Brite Beginnings
Preschool and DayCare, and participantsof the Pennies forthe Parks Fund Raiser.The funds are
to be used for the all accessible playground.
Spencer Grigg,Community Development Director,stated that these funds were raised by collecting
pennies.
[^J The resolution accepting a cash donation of $144.56 from Sandy Rodriguez,Brite Beginnings
Preschool and Day Care,and participants of the Pennies for the Parks Fund Raiser was read by
title only.
Action Taken:Mr.Blackwell moved that the resolution be adopted,seconded by Mr.Shinn,and
passed unanimously.
RESOLUTION -ACCEPT DONATION -ALL STAR ENTERPRISES.INC.
A resolution was presented which accepts $200 from All Star Enterprises,Inc.The funds are to
be used towards parks and playgrounds.
The resolution accepting donations totaling $200 for parks and playgrounds was read by titleonly.
Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
RESOLUTION -ACCEPT DONATION -POLICE DEPARTMENT
A resolution was presented which accepts donations from Bill's Body Shop,Signs Now, Paint &
Equipment Supply,Inc., and Les Schwab in the amount of $2,187.76.These funds were used to
repaint the Camera and install new decals and tires.
The resolution accepting a donation of the Moses Lake Police Department was read by titleonly.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Lane,and passed
unanimously.
[^J NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
TROOP SUPPORT
Jackie Hastings, 252 Dale Road, representing the 161st Family Support Group,stated that the
soldiers are currently deployed in Iraq and will not be home until May 2005.She would like the
community to more involved insupportingthe troops.She mentioned that Ephrata shows itsupport
of the troops by erecting signs and flying the unit flags.She would like to place ribbons on Third
Avenue,Broadway,across the fill,erect a Christmas tree, and anything else the citywould allow.
There was some discussion by the Council on where and what could be allowed.
Staffwas directed to work with the community on this project.
/£o3
'Jv^
O ^
O-'-'^
111?
6129
CITY COUNCIL MINUTES June 22,2004
COUNCIL QUESTIONS AND COMMENTS
jv "LAKE CLEAN-UP
Mayor Covey stated that the Department of Ecology has technically declared Moses Lake to be a
Category4A, providedthe TMDL forthe lake is accepted.Ifthe Category4A is accepted as final,
the citywould be eligible forfederal funds forlake clean up. Publicinput will be allowed some time
this fall fora 30 day period. He mentioned that the Department of Ecology is willing to come to the
Council and discuss this issue.
CITY MANAGER REPORTS AND COMMENTS {**}
ir FINANCE DEPARTMENT REPORT
Ron Cone,Finance Director,introduced his staff in attendance.Dave Fourier,Assistant Finance
Director,is incharge of utility billing,sanitation,meter reading operations, and investments.Bob
Taylor,Accounting Division Manager,is in charge of all accounting including financial reporting,
payroll,claims,ambulance billing,and the archival project.Gary Sielaff,Information Systems
Manager, is in charge of the computer systems,PCs,copiers,printers, and faxes.
Mr.Cone explained the process the staff goes through to prepare the preliminary budget for
Council.
Mr.Cone explained that the Information Systems Manager provides support for the telephone
system,cell phones,copiers,printers, and over 130 PCs as well as the city's 7,000'of cat five wire,
85 internet and email connections,9 VLAN fiber connections,24 printers, 23 router switches and
hubs,8 fax machines,6 copies,5 scanners,2 large format plotters and scanners,one high speed
document scanner,and one large printer/copier scanner.He mentioned that wireless internet
connection is now available in City Hall.
Mr.Taylor stated that he is in charge of finances,payroll,claims or purchase orders,and the
ambulance billing. He stated that the new GASB 34 has mandated a change in the way the
financial statements are presented.He explained what staff has to go through to balance the
financial statements.He mentioned that 155 time sheets are processed every two weeks for the
regular payroll and an additional 150 in the summer time for the temporary employees.The
Finance Department processes about420 purchase orders every month and that does not include
purchase orders from other departments.About 3,200 insurance incident reports are completed
per month for the ambulance billing.The city bills about $2.3 million per year for ambulance calls.^.
He mentioned that the city collects on about 47%ofits ambulance bills butthatshould increase in (\
the future. He mentioned that the city had applied for and received a grant to establish an archives
program. He distributed pictures showing the storage space in the basement ofthe City Hall before
and after the archival system was started.
Mr.Fourier stated that he is in charge of utility billing,cash receipting,business licensing,and
special assessments.The staff of this area includes the Utility AccountTechnician who is in charge
of customer service and handles all problems with business licenses,utilitybills, and coordinates
with Lakeside Disposal;the Utility Clerks who handle the utility billing and cash receipting; and the
two Meter Readers who were transferred from the Public Works Department to the Finance
Department.He explained the improvements in the meterreading system overthe years.The new
systems reads the meters electronically. He mentioned that all the money that comes into the city
goes across his desk and he takes care of all the city's investments.He stated that the city has
gone to a new automated garbage service and during the first two weeks the city received a lotof
calls.Afterthat,the calls ceased and everyone seems happywith the new garbage cans.
r 3 HOTEL/MOTEL TAX AUDITS
Joseph K.Gavinski, City Manager, distributed information on proposed changes in hotel/motel tax
audits.
3 "'POPULATION
Joseph K.Gavinski,City Manager,stated that the Washington State Office of Financial
Management has released the preliminary population ofthe cities,town,and counties in the State
of Washington.The final population figures will be out after July 1.
IQ/&-&LEVY LID LIFT
Joseph K.Gavinski,City Manager,submitted a preliminary draft of a resolution authorizing an
election to lift the levy lid by one cent per thousand.The Council would not have to consider the
resolution until the second meeting in July.He mentioned that the resolution will need to be
modified based on information learned at the AWC Annual Conference and to address some
concerns ofthe City Attorney.
VISION 2020
Joseph K.Gavinski,City Manager,stated that at the AWC Annual Conference he attended a
session put on by Roger Brooks on tourism and community branding and downtown
redevelopment.He also attended a session put on by Dan Burton who is a nationally recognized
authority on bicycle and pedestrian facilities and programs and is the executive directorofWalkable
n
_
~
6130
CITY COUNCIL MINUTES June 22,2004
Communities,Inc. He felt that itwould be a benefit to the city if these two men could be brought
to Moses Lake to consult on the city's downtown street design.He suggested that some of the
funds for the contract with Leiand be used to bring these two men to the city to make the same
presentation to the Council, Planning Commission,Parks and Recreation Commission,Tourism
Commission,Vision 2020,the Chamber of Commerce,and anyone else who may be interested.
Council requested the City Manager to look into inviting these two men to the city.
RESIGNATION -POLICE CHIEF
Joseph K.Gavinski,City Manager,stated that Fred Haynes, Police Chief,will be retiring as of
September 21,2004.
The regular meeting was adjourned at 9:35 p.m.
Ronald C. Covey,Mayor ?
maid R.Cone,Finance Director
^J
^J
u
BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE ZONE CHANGE FOR
WESTLAKE TRACTS
NO.ZC 04-1
FINDINGS OF FACT,CONCLUSIONS,AND DE
CISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public hearing was held upon proper notice before the Commission on May27,
2004.
1.2 Proponent.MaytalGolf Partnership is the proponent of this zone change.
1.3 Purpose.The proponent has requested a zone change of property legally described as
follows from Public to C-2,General Commercial and Business.
Tax #1937,Tax #4235,Tax #1705,Tax #1493,13536,and a portion of 12540
Westlake Tracts,Block 1, Lot 1
Westlake Tracts,Block 2,Lots 1,and 9 -12
Westlake Tracts,Block 3,Lots 1 - 4 and 9 -12
Westlake Tracts,Block 4,Lotsl - 4 and 9 -12
Westlake Tracts,Block 5,Lots 1 - 4 and 9 -12
Westlake Tracts,Block 6,Lots 1 - 21
Westlake Tracts,Block 7,Lots 1-17
and adjacent vacated streets and alleys
1.4 Evidence.The Commission considered the following materials in reaching its decision.
A.The application of the proponent for the zone change.
B. No comments from the public.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Planning Commission made the following findings
offact:
2.1 The proponent is the owner of property legally described above.
2.2 There is both platted and unplatted property involved inthe zone change request.
2.3 The zone change is consistent with the Comprehensive Plan.
2.4 The zone change is inthe public interest and will benefit the publicwelfare.
2.5 The development is consistent with the Comprehensive Plan and meets the requirements
and intent of the Municipal Code.
2.6 The developmentadequately mitigatesimpacts identified under Chapters 14through 19.
2.7 The development is beneficial to the public health,safetyand welfare and is in the public
interest.
2.8 The development does notlower the level ofserviceof transportation and/or neighborhood
park facilities belowthe minimum standards established inthe Comprehensive Plan.
2.9 The Planning Commission finds thatthe rezoneis in the public interest,benefits the public
welfare ofthe community,and is consistent the Comprehensive Plan
3.CONCLUSIONS BY THE PLANNING COMMISSION.
Fromthe foregoing findings offact the Commissionmade the following conclusions:
3.1 The Planning Commission ofthe City ofMoses Lakeisvested with the authority to recom
mend to the City Council the advisability ofthe proposed change inzoning.
3.2 The rezone request ofthe proponent is properlybefore the Commission for its recommen
dation.
5.
3.3 It is proper at this time for the Planning Commission to make a recommendation on this
rezone request.
3.5 It is in thebest interests andwelfare ofthecity's citizens torezonethe property as proposed.
DECISION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings offact and conclusions,itis the decision of the Planning
Commission ofthe City ofMoses Lakethat the request fora rezone ofthis property be granted.
DECISION OF THE CITY COUNCIL.
The City Council ofthe City ofMosesLakeapprovestherezoneoftheabovedescribed property from
Public to C-2,General Commercial and Business.
Ronald C.Covey,Mayo
n
r>
n