1999 08 105504
MOSES LAKE CITY COUNCIL
August 10,1999
Council Present:Richard Pearce,DarylJackson,Lee Blackwell, Ron Covey,Wayne Rimple,Grant Nichols,
and Bob Chapman
MINUTES:Mr.Nichols moved that the minutes of the July 27 meeting be approved as submitted,seconded
by Mr.Jackson, and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Dr.Covey moved that the bills,checks,and prepaid claims issued be approved,seconded
V^_^by Mr.Jackson, and passed with Mr.Rimple abstaining from voting for that portion ofthe bills for Faber
Industrial Supply and Moses Lake Steel Supply.
vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense
reimbursement claims certified as required by RCW42.24.090,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 forthe
Council meeting of August10,1999 forthe funds listed below are approved inthe amount of $1,217,334.04.
GENERAL FUND $59,207.22 SANITATION FUND 25,479.60
STREET 4,584.39 SANITATION BILLING 67,595.46
GOB 1993 REDEMPTION 121,966.89 AIRPORT 200.00
CENTRAL DRIVE LID #58 223,005.30 UNEMPL COMP INSURANCE 2,630.69
STREET IMPROVEMENT 4,756.00 SELF-INSURANCE 1,894.23
PARK&RECREATION IMPROVE 6,174.84 CENTRAL SERVICES 4,894.89
WATER/SEWER FUND 12,403.55 EQUIP RENTAL-OPERATION 8,806.68
1992 BOND FUND 505,823.73 BUILD MAINT-OPERATION 1,403.35
1994 BOND FUND 35,997.50 M. L.YOUTH PARTNERSHIP TF 2,543.08
WATER/SEWER CONSTRUCTION 127,966.64 TOTAL $1,217,334.04
Prepaid Claims: Prepaid claims approved by the City Manager according to the processestablished by Moses
llake Municipal Code 3.42.030and the internal control policy approved by the City Council have been re
corded on a listing which has been made availabletothe CityCouncil.The claims listedbeloware approved
in the amount of$9,177.87 for all funds.
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GENERAL $3,578,08 CENTRAL SERVICES 3.30
STREET 3.52 FIREMANS PENSION 4,372.89
VVATER/SEWER FUND 1,220.08 TOTAL $9,177.87
Claim Checks:Checks 1299 through 1316 issued on August 6,1999 were approved for payment at the
Council meeting held on August 10,1999 inthe total amount of $195,433.50.
Checks 1121 through 1130 issued on August 2,1999 were approved forpayment at the Councilmeeting
held on August 10,1999 in the total amount of $9,177.87.
Checks 1117through 1119 issued on July 30,1999were approved for paymentatthe Councilmeeting held
on August 10,1999 inthe totalamount of $341.88.
Checks 1110 through 1115 issued onJuly27,1999 were approved for payment atthe Council meeting held
on August 10,1999 inthe totalamount of $16,846.53.
Checks 12165,12210,12504,and 966 through 1108 were approved for payment at the Council meeting
held on August 10,1999 inthe totalamount of $275,532.43.
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Payroll:The payroll issuedon July 30,1999 having been approved pursuant tothe rule ofthe City Council
set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 11017 through 11023 inthe amount
of $1,014.62.
Payroll:The payroll issued onAugust 6,1999 havingbeen approvedpursuanttothe rule ofthe CityCouncil
set forth inMoses Lake Municipal Code 3.42.040,was paidby checks 11026 through 11285 inthe amount
of $83,168.08.
PROCLAMATION
The proclamation declaring theweekofAugust 16-21,1999 as SisterCity Week inthe City ofMoses Lake
was read by title only.
II.EMPLOYEE PRESENTATIONS
Fire Department: Dawn DeHart, Fire Inspector,was presented to Council.
Engineering Division:Jeff Holm,Design Engineer,was presented to Council. Mike Mora,Development
Engineer,was presented withhis Professional Engineering License.
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CITYCOUNCIL MINUTES:2 August 10,1999
III.CONSENT AGENDA
Resolution -Accept Easement -Sidewalk Project - Hardv: A resolution was presented which accepts an
easement from Jo Hardy for municipal purposes as part of the 1999 Sidewalk Project.
Resolutions -Accept Easements -Curb &Ramp Project -Haumschild.Zaser &Longston.Inc..and
Bowman: Aresolution was presented whichaccepts easementsforthe 1999 Curb and Ramp Projectfrom
Haumschild,Bowman, and Zaser &Longston, Inc.
Resolution -Accept Utility Improvements -ASPI CommercePark:Aresolution was presented which accepts /^
water main improvements related to the ASPI Commerce Park Major Plat, Lot2.
Resolution -Surplus Property: Aresolution was presented which declares property surplus and authorizes
its sale at public auction.
Parksand Recreation Commission:Larry Denniswasreappointed totheParksand Recreation Commission.
Action Taken:Mr.Jackson moved that the Consent Agenda be approved,seconded by Mr.Rimple, and
passed unanimously.
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
WHEELER ROAD ANNEXATION -PUBLIC HEARING
The Grant County Assessor has issued a Sufficiency Certificate for the city's Wheeler Road Annexation
Petition. A public hearing has been scheduled and the Council should take testimony on the proposed
annexation.
Joseph K.Gavinski, City Manager, explained that this is the next step in the annexation process for the
Wheeler Road Corridor. He mentioned that for the past 20 years the city has been gathering the agree
ments which support this annexation.He pointed out that the city has very littleindustrial property located
within the city's limits.Under growth management the city is entitledto have industrialproperty within its
limits in order to support the services that residential development requires but that cannot pay for. The
concern is that ifthe city does not have industrial property withinits boundaries to subsidize residential and s~\
commercial development,that development would eithercease or the serviceswould be reduced.He ''
mentioned that the funds that come from water and sewer accounts must remain in the water/sewer fund
and cannot be transferred to other funds.
AletterfromJoseph K.Gavinski, CityManager,was read whichoutlinedthe publichearing procedures and
advised the Councilthat itis not required to answer questions fromthe publicat this time.
Paul Carpenter, 3809 Broadway Extended, read a letter which opposed the annexation and gave his
reasons.He presented a petition which included the owners of about 80 parcels with a value of about
$20,000,000. Hefeltthat this annexation is too large forthe cityto take inallat once. Healso stated that
he was tolditis illegal forthe city to provide services outside ofthe city's limits and yetthe city is providing
sewer and water on Wheeler Road.
Mr.Gavinskistated that the Growth Management Actstates that providing urban services outside ofUrban
Growth Areas is strongly prohibited.That does not mean the services cannot be provided butthat they
probablyshouldn't. The CityCouncil hasadopted a policy notto extend services outside the Urban Growth
Area because ofthe need to provide services to areas inside the city's limits and those areas that will be
inside the city's limits.
Mr.Carpenter wanted to knowifa developer could providetheirownwater system.
Mr.Gavinski stated that itis extremely difficult and timeconsuming toobtainthe necessary water rights to
drill a well,which iswhy developersrequest city water.Itisalso difficult and expensivefora developerto
obtain permits to and constructwastewater treatment facilities.
Gus Smith,3234 Road L NE,stated that he is the owner of7 parcels and is opposed to the annexation.
Action Taken:Mr.Jackson movedthatthe public hearingbe closed,seconded by Mr.Nichols,and passed
unanimously.
There was some discussion bythe Council on the Boundary Review Board's procedures relating to a
proposed annexation.
Itwas the consensus ofthe Council that staff hold a meeting with the peopleinthe proposed annexation
area and at that meeting address the questions concerning water and sewer.
Action Taken:Mr.Jackson moved that the city proceed with the first reading of an ordinance for the
annexation of the Wheeler Road Corridor at the next Council meeting,seconded by Mr.Chapman, and
passed unanimously.
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CITY COUNCIL MINUTES: 3 August 10, 1999
ORDINANCE -DEPARTMENT OF NATURAL RESOURCES ZONE CHANGE -CORRECT LEGAL
DESCRIPTION -2nd READING/PUBLIC HEARING
An ordinance was presented which amends Ordinance 1858 by correcting the legal description of the
rezoned property owned by the Department of Natural Resources at Kittelson Corner.
The ordinance amending Ordinance 1858 to correct a legal description for property located inthe Kittelson
Corner area was read by title only.
The public hearing was opened.
Action Taken:Mr.Chapman moved that the publichearing be closed,seconded by Mr.Nichols, and passed
unanimously.
Action Taken:Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
!VI.ORDINANCES AND RESOLUTIONS
RESOLUTION -BUILD ON UNPLATTED PROPERTY -PENINSULA ELEMENTARY SCHOOL w^_/q
The Moses Lake School District has requested permission to place a portable classroom at Peninsula
Elementary School at 2406 W.Texas on unplatted property.The Council previously denied the request
upon the recommendation of the Planning Commission.However,the recommendation of the Planning
Commission was not accurately conveyed to the Council.The Planning Commission had recommended
that the requestto place a portable classroom at Peninsula Elementary School be granted with the condition
that the property be platted within one year.Therefore,the request by the Moses Lake School District to
build on unplatted property is being presented to the Council for reconsideration.
Action taken:Mr.Jackson moved that this request be reconsidered,seconded by Dr.Covey,and passed
unanimously.
The resolution allowing School District#161 to build on unplatted property was read by title only.
GilbertAlvarado,Community DevelopmentDirector,statedthatthePlanning Commission's recommendation
was to approve the request to buildon unplatted with the condition that platting take place within one year.
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P. J.DeBenedetti,Moses Lake School District,stated that Peninsula Elementary School has been
modernized but to accommodate the increase in school enrollment,the School District is placing portable
classrooms at five schools.Three of the school are within the city's limits but only the Peninsula site is
unplatted.He mentioned that both Texas and Burress, which are adjacent to the school property,have
sidewalks and sidewalks were installed on Tulare.
Action Taken:Dr.Covey moved that the resolution allowing the Moses Lake School District to build on
unplatted property be granted with the stipulation thatthe areabe platted within one year,seconded by Mr.
Jackson,and passed unanimously.
^II.REQUESTS TO CALL FOR BIDS -None
^|||.REFERRALS FROM COMMISSIONS -None
ix.other items for council consideration
Variance request -hours of operation -traffic signal project
Aztech Electric has requested a variance from the noisecontrol regulations in order to install loops in the
asphalt pavement atnight to reduce the impacts ontraffic.Thework involves Third Avenue intersections
at Pioneer Way,AlderStreet,Division Street, Ash Street, and Dogwood Street.
Action Taken:Dr.Covey moved thatthe variance request be approved,seconded by Mr.Blackwell,and
passed unanimously.
\^J VARIANCE REQUEST -UNDERGROUND UTILITIES -PUD
The PUD will be replacing a section of existing overhead distribution lines along Inglewood Avenue from
Division Street to Beaumont Drive.The PUD is requesting a variance to the requirement that these
distribution lines be placed underground.
Ron R.Reese,Distribution Chief Engineer,stated that the work includes replacing the conductor with a
larger size and replacing the poles.
kction Taken:Mr.Jackson moved that the variance request be approved,seconded by Mr.Blackwell,and
passed unanimously.
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CITY COUNCIL MINUTES:4 August 10,1999
WATER/SEWER MAINS -DEPT.OF AGRICULTURE
The DepartmentofAgriculture has requested the extension of waterand sewer mains at the Port to service
a new air tanker base.The air tanker base will be used for loading airtankers with fire retardant solution
forwildfire suppression in Washington State and should be in operation by June 2001.
Gary G. Harer, Municipal Services Director,stated that the city has the water capacity to supply the
requested 950 gpm forsix hours but would recommend thata 30,000 gallon tank be constructed rather than
the proposed 10,000 gallon tank because the demand for water willtake place during the summer months
when water demand is at its peak.f~^
Theodore Swartz,representing the project,stated that a mixture of 5 parts retardant to 1 partwater is used
when filling the tankers.He stated that the requestto constructa 30,000 gallon storage tank would not be
a problem.
Action Taken:Mr.Jackson moved that the request forcity waterand sewer services be granted,seconded
by Dr.Covey,and passed unanimously.
Action Taken:Mr.Rimple moved that the request be approved with the stipulation that an Extra Territorial
UtilityAgreement be signed and a 30,000 gallon on-site storage tank be constructed,seconded by Mr.
Chapman,and passed unanimously.
RESERVOIR #3 AND RESERVOIR#8 -ANTENNAS
VoiceStream Wireless Telecommunication has requested permission to install antennas on Reservoir#3
and Reservoir #8 and to lease city property to construct a 20'x 20' pad at each site for their equipment
cabinets.
There was some discussion by the Council.
Action Taken:Mr.Blackwell moved that the City Manager be authorized to sign a lease agreement with
VoiceStreamWirelessTelecommunication forthe leaseofproperty and placementofantennasat Reservoir
#3 and Reservoir#8,seconded by Mr.Jackson,and passed unanimously.
NOTICE OF INTENT TO ANNEX -OLSON
Darel Olson has submitted a Notice of Intent to Annex Lot 1, Block 1,Gateway Commercial Plat, located
at the intersection of Patton Boulevard and Harris Road.
Gilbert Alvarado,Community Development Director,pointed out that this lot was included in the initial
PacWest annexation request and the subsequent resubmittal of the PacWest annexation request.The city
iscurrently inlitigation overthis annexation.He mentioned that the Boundary Review Board had eliminated
the commercial area along Patton Boulevard from the PacWest annexation request.The area is,therefore,
within a 14 mile of the city's limits but is not contiguous.He pointed out that the property owners lying
betweenthe Olson's property and the existing city limitshad previously signed petitions forannexation.He
mentioned that the Olson's have requested water and sewer service from the city. Inthe late 1970's there
were three plats proposed inthis area and a request forcity water and sewer fora 150 acre development.
The request that wentto the Council mentioned a commercial development and a mobile home park.The
Councilapproved water and sewerservice fora 150 acre mobile home park. The Olsonswish a clarification
on whether or not they are entitled to receive city water and sewer because of a previous Council action.
Joseph K.Gavinski,CityManager,stated thatthe Councilapproved the request forwater and sewerservice
to a mobile home park in 1976.Since that time the commercial area was platted but water was not
extended.He pointedoutthatthe original request was for servicesto 150 acres fora mobile home parkand
commercial plat but the Council only authorized water forthe mobile home park.
Mr.Gavinskistated that the citysubmitted the request to annex to the Boundary Review Board and that
request includedthe commercial lots.Theannexation was rejected bythe Boundary Review Boardbecause
Grant County objected to the inclusion of the roads.The roads were eliminated from the annexation
proposal and then resubmitted. The BoundaryReview Board,withouta request from an affected agency,
took jurisdiction.The city filed a lawsuitagainstthe BoundaryReview Boardover theirtaking jurisdiction
without being requested to do so.The solution proposed to the Boundary Review Board is that if they ^^
determine theyhavemadeanerror andthe Boundary ReviewBoard reversesisdecision,a stipulated order (i
canbeenteredandthe matterwill betakencareof. The Boundary Review Board hasameetingscheduled
on Wednesday,August 11,to consider the issue.
Mr.Gavinski stated that the Olsons want water and they are looking at the issue of whether or not a
commitment was made,trying to get itannexed ortrying to get the BoundaryReview Board to reverse their
previous decision.
Dennis Olson statedthatthe funds he received from the saleofthe Wind Sock CarWash was putinto a
1031 exchange which gives him 6 monthsto putthe funds to use orlosethe capital gains tax.Mr.Weitzel
is the facilitator of the 1031 exchange.He mentioned thathe must receive the water service prior to
exercising the 1031.Hementioned thatin the information received from thetitle company itshowsthatthis
area has been annexed to the city.
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CITY COUNCIL MINUTES:5 August 10,1999
Mr.Jackson wanted to know what the city could do to help resolve the problem.
Mr.Gavinski suggested that the problem be resolved through the Boundary Review Board and Steve
Hallstromsothat a stipulated order can be entered orthe Boundary Review Board,on itsown,reviews their
actions and reconsiders their decision.If the Council feels that a commitment was made,water could be
provided without requiring annexation.
Mr.Pearce pointed out that supplying themwith water would not resolve the issue since the area needsto
be annexed.
K-J Mr.Chapman felt that it was the intent ofthe previous Council that water and sewer service would be
provided to this area.
Mr.Jackson wanted to know ifgranting the Olsons water service would jeopardize the city's policy not to
provide services without annexation or outside the city's UGA.
Mr.Gavinski stated that the granting ofthe water is a decision for the Council to make.He mentioned that
the city has made commitments in the pastthat have not been exercised and the questions becomes how
long those commitments are valid.
Action Taken:Mr.Chapman moved that water and sewer service be provided to Lot 1,Block 1,Gateway
Estates Commercial Plat,since that was the intent of the Council in 1976, and that the parties involved
continue to try to resolve the annexation issue,seconded by Dr.Covey.
Mr.Nichols wanted to know if providing water and sewer to this lot would harm the possibility that the
annexation issue may be resolved.
Mr.Gavinski stated that it would.
Mr.Nichols felt that sincethere is the opportunity to resolvetheannexation issuewith the Boundary Review
Board it should be pursued.
Mr.Pearce felt thatsince the Boundary Review Board will be meeting tomorrow the Council should wait to
see what their decision will be.
Mr.Chapman wanted to know what would be jeopardized if water and sewer service were granted to the
^_J Olsons.
Mr.Gavinski stated that because this matter is unresolved,the desire of the Olsons to receive water and
sewer may give some impetus to the Boundary Review Board to resolve the issue without proceeding
through the law suit. If water and sewer is given to the Olsons,there is no incentive for the Boundary
Review Board to resolve the issue informally.
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Mr.Pearce pointed out that if the Boundary Review Board reconsiders its actions and approves the
annexation as submitted,nothing further would need to be done.
The motion passed with Mr.Nichols and Mr.Pearce opposed.
!Mr.Gavinski pointed out that there is a Notice of Intent to Annex before the Council forconsideration forthe
property owned by the Olsons.He pointed out that additional property would have to be included in the
annexation since the property is not currently contiguous to the city's limits.
Action Taken:Mr.Jackson moved that the Intent to Commence Annexation Proceedings be receipted,
seconded by Mr.Chapman,and passed unanimously.
X.PUBLIC QUESTIONS AND COMMENTS -None
XI.COUNCIL QUESTIONS AND COMMENTS -None
XII.CITY MANAGER REPORTS AND COMMENTS
BUILDING ACTIVITY REPORT
Joseph K.Gavinski,City Manager,presented the building activity report for July 1999./D^OJosephK.Gavinski, City Manager,presented the buildingactivity report forJuly 1999.
MANTA RAY SWIM MEET REPORT
Joseph K.Gavinski,City Manager,presented a report onthe swim meet held bythe Manta Rayson July
16,17,and 18,1999 which outlined some ofthe problems that occurred and possible solutions.
There was some discussion and it was the consensus ofthe Council that the problems are on-going
Jerry Thaut, Parks and Recreation Director,stated that the pool manager and a maintenance person are
on site during the meet.The problem the city has is there is no one person in charge that staff can go to
inorder to resolve any problems. He feltthat the rules and regulations of the facility should be adhered to
by the swim meet participants.
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CITY COUNCIL MINUTES:6 August 10,1999
DOWNTOWN PARKING LIMITATIONS/ENFORCEMENT
Joseph K.Gavinski, City Manager,stated there is continuing violations ofthe 2-hour parking limitationinthe
downtown area.
Mr.Jackson stated that there is also a problem with delivery trucks stopping in the traffic lanes to deliver
packages.
There was some discussion by the Council on the problem and itwas the consensus of the Council that the
parking ordinance be enforced.
COUNTY-WIDE PLANNING POLICIES10°'
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Joseph K.Gavinski,City Manager,stated thatseveral cities attended the meeting with the county concerning
their proposed changes to the County-Wide Planning Policies. He mentioned that the County-Wide
Planning Policies should not be revised to conform to the county's Comprehensive Plan.The county's
Comprehensive Plan should be drafted around the county-wide policies.There is a Supreme Court case
that states the Comprehensive Plan must adhere to the County-Wide Planning Policies.
Mr.Gavinski distributed a letter from the county which provided a revised definition of resource based
industries.
WATER RIGHTS
Joseph K.Gavinski, City Manager,distributed a letter from Shawn O'Brien,Assistant City Engineer,to the
Washington State Department of Ecology which lists the city's 37 points of withdrawal.
MUTUAL AID
The Council questioned Fire Chief Dave Helms about the relationship between the city and Grant County
#5 with regard to mutual aid.
There was considerable discussion by the Council.
The regular meeting was recessed at 9:30 p.m.and the Council met in atvexecntive-session to discuss
litigation matters.The executive session was adjourned a£T0"p*m.and the rggular meeting was reconvened.
The regular meeting was adjourned at 10 p.m.
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ATTEST:Mayor
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