1998 08 25u
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MOSES LAKE CITY COUNCIL
August 25,1998
Council Present:Richard Pearce,Ron Covey,Daryl Jackson,Grant Nichols,Lee Blackwell, and Bob
Chapman Absent:Wayne Rimple
MINUTES:Mr.Jackson moved that the minutes of the August 11 meeting be approved as submitted,
seconded by Mr.Blackwell,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
Action Taken:Mr.Blackwell moved that the bills,checks,and prepaid claims issued be approved,
seconded by Mr.Nichols and passed unanimously.
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 for
the Council meeting of August 25,1998 for the funds listed below are approved in the amount of
$710,109.20.
GENERAL FUND $11,365.08 W/S LEASES 2,367.56
STREET 24,436.15 SANITATION FUND 7,981.97
STREET REPAIR/RECON 2,608.71 AIRPORT 253.16
EQUIPMENT LEASES 21,687.08 UNEMPL COMP INS 375.00
STREET IMPROVEMENT 377,363.88 CENTRAL SERVICES 7,531.95
PARK &REC IMPROVEMENT 1,550.10 EQUIP RENTAL-OPERATIONS 51,551.04
WATER/SEWER FUND 48,932.42 BUILD MAINT-OPERATIONS 113,507.36
WATER/SEWER CONSTRUCTION 38,597.74 TOTAL $710,109.20
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 have
been recorded on a listing which has been made available to the City Council.The claims listed below
are approved in the amount of $42,326.99 for all funds.
GENERAL $296.12 WATER/SEWER FUND 4,448.71
STREET 16.70 AIRPORT 3,522.11
STREET REPR/RECON 34,031.44 CENTRAL SERVICES 11.91
TOTAL $42,326.99
Claims Checks:Checks 22728 through 23036 issued on August 12,1998 were approved for payment at
the Council meeting held on August 25, 1998 in the total amount of $999,340.00.
Payroll:The payroll issued on August 21,1998 having been approved pursuant to the rule of the City
Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 64173 through 64450 in
the amount of $326,408.82.
I.CITIZEN INPUT -None
II.PRESENTATIONS
Public Works:Wade VanDoren was presented with a Certificate of Competency from the Washington /£>/<=<
State Department of Health as a Water Distribution Manager 3.
River Dogs: Tim Snead,Grant County Commissioner,presented a resolution from the Grant County ZO/<^{
Commissioners to Jerry Thaut, for his work with the Babe Ruth World Championship River Dogs.
III.CONSENT AGENDA
Accept Work -Well Abandonment:H&NElectric has completed the work ofabandoning Well 5,Well 1,-77JT
Well 32 and Well 13.The work should be accepted by Council.^
Resolution -Abandon Easement - Voth Short Plat:A resolution was presented which abandons an /pl3
easement within the Voth Short Plat located at the corner of Peninsula Avenue and Barbara Street.
Resolution - Accept Easements (5)-Port of Moses Lake:A resolution was presented which accepts five /0/3
easements from the Port of Moses Lake for the relocation of fire hydrants during the construction of 22nd
Avenue and Randolph Road.
Resolution-Auction:Aresolution was presented which declares property surplus and provides for its sale /£>/"?
at public auction.
Resolution -Surplus Property:A resolution was presented which declares the Kenworth Fire Truck and /OfJ
the Wastewater Emergency Trailer as surplus property and authorizes their sale.
Action Taken:Dr.Covey movedthatthe ConsentAgendabe approved,seconded by Mr.Blackwell,and
passed unanimously.
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CITY COUNCIL MINUTES:2 August 25,1998
IV.CONSIDERATION OF BIDS -None
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
!07 COMMUNICATION -MOSES LAKE BUSINESS ASSOCIATION -HOLIDAY DECORATIONS
The Moses Lake Business Association requested time before the Council to discuss the holiday
decorations in the Stratford Road business district.
Bill Froemke,representing the Moses Lake Business Association,stated that they are proposing holiday
decorations on Stratford Road this year.Because power is not available,the decorations will consist of
large green banners on Stratford Road and smaller banners on Central Drive.The brackets for the
banners will be permanently mounted so they can be used for other events or seasonal decorations.The
cost for the decorations for 1998 is estimated at $14,896.The Association has $5,000 on hand and is
requesting city assistance in the amount of $9,896.The Association is suggesting that the city take
ownership of the holiday decorations.
There was some discussion by the Council.
Action Taken:Mr.Blackwell moved that the city accept the Moses Lake Business Association's proposal
and authorize the expenditure of $9,896.00 for holiday decorations for 1998,seconded by Mr.Jackson,
and passed unanimously.
j/k COMMUNICATION -MOSES LAKE LIONS CLUB -DONATION
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The Moses Lake Lions Club requested time before the Council to present funds raised from the 2nd
Annual Frank Alvarez Jr. All City Softball Tournament.
Bill Gilbert,1st Vice President,Moses Lake Lions Club,presented the city with $4,400.
COMMUNICATION -MOSES LAKE SPRING FESTIVAL FLOAT COMMITTEE
The Moses Lake Spring Festival Committee requested time before the City Council to discuss the future
of the Moses Lake Spring Festival Float.
Wendy Gilbert,Moses Lake Spring Festival Float Committee,stated that they are a newly formed
committee.The Spring Festival Committee has been contributing $9,500 per year towards the float.The
Float Committee would like to become self-sufficient but in order to do that financial help is required to
obtain new equipment - a trailer,a truck, and a new float at a total cost of approximately $30,000.The
Spring Festival Committee would like to stop contributing to the float.
Bill Gilbert stated that they would like the city to provide funds one time to help purchase the necessary
equipment.
Ms. Gilbert pointed out that the float is entered in about 12 parades a year on the east side but they do
not have the equipment necessary to transport the float to the west side.She mentioned that the float
helps to promote the city and space would be made available on the float to advertise the city.
James A.Whitaker,City Attorney,stated that the city cannot just give the committee funds.The hotel-
motel tax money can be used for defined tourist promotion.If the city were to become a consumer of this
advertising service then general fund money could be used.He mentioned that a contract would be
required with the float committee for the advertising.
There was some discussion by the Council and itwas the consensus to discuss a formal request from the
float committee during budget study sessions.
COMMUNICATION -WAL-MART -CARGO CONTAINERS
Wal-Mart requested time before the Council to discuss amending the city regulations to allow 18 sea-going
cargo containers to be used for temporary storage on their premises.
John Haefner,manager of Wal-Mart,requested that the Council consider changing the ordinance to allow
more than 3 storage containers on site.
There was some discussion by the Council which was not in favor of changing the ordinance but it was
the consensus to refer the request to the Planning Commission for a recommendation.
VI.ORDINANCES AND RESOLUTIONS -None
VII.REQUESTS TO CALL FOR BIDS -None
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CITY COUNCIL MINUTES:3 August 25, 1998
VIII.REFERRALS FROM COMMISSIONS
IRRIGATORS.INC.PRELIMINARY PLATA/ARIANCES
Knudson Land Surveying has submitted a preliminary plat fora one lot,5.53 acre, major platlocated off
East Broadway inthe Light Industrial Zone. The subdivision will be served with city water and sanitary
sewer. The proponenthas requested avarianceto the requirementto constructsidewalk, curb,and gutter
on the northwest side of East Broadway.The Planning Commission recommended that the variance be
granted and the preliminary plat be approved.
Phil Bloom, Columbia Northwest Engineering,representing the developer, stated that the plat will be
served with a pressure sewer main and a variance has been requested to the requirement to install curb,
gutter, and sidewalk on the northwest side of East Broadway.
Gary G.Harer,Municipal Services Director,stated that the citywould preferto have the curbs and gutters
installed but would not require the sidewalk.
There was some discussion by the Council.
Action Taken:Mr.Jackson moved that the variance request be denied, the preliminary plat be approved
with the stipulation that the City Engineer's comments area addressed,and the Findings of Fact be
accepted,seconded by Mr.Nichols, and passed unanimously.
It was the consensus of the Council that a reimbursement schedule be established for the street
improvements on East Broadway.
Mr.Harer stated that another issue that was discussed was the extension of landscaping down E.
Broadway as part of this plat.There has been no request received from the developer as yet.
Joseph K. Gavinski, City Manager,stated that staff was informing the Council of the need to consider the
extension of the existing landscaping through this plat.
Mr.Bloom pointed out that the landscaping was discussed by the Planning Commission underthe site plan
review and not the plat review.
K^J There wassome discussion bythe Council but no action was taken.
VISTA COMMUNITY PLAYFIELD FINAL PLAT
The City of Moses Lake has submitted the final plat for a one lot major plat located off the southeast
corner of the Grape Drive and Central Drive intersection.The subdivision is served with city water and
sanitary sewer.The Planning Commission recommended that the final plat be approved.
Action Taken:Dr.Covey moved that the final plat be approved with the stipulation thatthe comments from
the City Engineer be addressed,and the Findings of Fact be accepted,seconded by Mr.Blackwell, and
passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
MISDEMEANANT COSTS
The inter-local agreement between the City of Moses Lake and Grant County for the provision of services
for misdemeanor offenses was presented.
Action Taken:Mr.Jackson moved that this item be removed from the table,seconded by Mr.Nichols, and
passed unanimously.
Joseph K.Gavinski,City Manager,stated that the subject of health care for prisoners was a concern of
the Council.The dispute between the county and city on health care is over those costs incurred after
sentencing.The statute states that the medical costs after sentencing are the responsibility of the county
unless there is an agreement between the city and county that would change that.The city does not
believe that the existing agreement would make the city responsible for the medical costs incurred after
sentencing but the county feels that it does.
Dr.Covey stated that the county interprets the statute differently from the city and the county's legal
adviser has indicated that should the city be presented with a bill for medical costs after sentencing,it is
likely that the dispute would be resolved by the courts.He felt that the Council should be aware of the
county's position. He suggested that a letter be submitted with the agreement which outlines the city's
position concerning health care costs after sentencing.
There was some discussion by the Council on the definition of a "city prisoner".
Mr.Chapman felt that the issue of the health care costs should be resolved priorto implementation ofthe
agreement.
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CITY COUNCIL MINUTES:4 August 25,1998
Action Taken:Mr.Jackson moved that the City Manager be authorized to sign the agreement and a letter
be sent to the County Commissioners outlining the city's position concerning health care costs for
prisoners after sentencing,seconded by Mr. Nichols,and passed with Mr.Chapman opposed.
USE OF CITY RIGHT-OF-WAY -BASIN OIL
Basin Oil has requested permission to leave their newly installed sign 2' 9" on city-owned right-of-way at
1014 West Broadway.The new sign replaces an old sign that was located in the same area.
Gary Harer, Municipal Services Director,stated that after staffobserved the sign the ownerwas requested (j
to apply for a sign permit. Upon review by the staff it was found to be within city right-of-way but it does
not obstruct vision nor does it present any safety hazards.
Dr.Covey pointed out that if the building permit had been applied for priorto construction of the permit,
the sign would have been located off of city right-of-way.
Action Taken:Mr.Chapman moved that the request be denied,seconded by Mr.Blackwell.
Mr.Nichols pointed out that there is no safety problems with this sign and he would not be in favor of
denying the request.
The motion failed with Mr.Chapman and Mr.Blackwell in favor and Mr.Jackson,Mr. Nichols, Mr.Pearce,
and Dr.Covey opposed.
Action Taken:Mr.Jackson moved that the request to use city right-of-way be approved,seconded by Mr.
Nichols, and passed with Mr.Jackson,Dr.Covey,Mr.Nichols, and Mr.Pearce in favor, and Mr.Chapman
and Mr.Blackwell opposed.
WATER MAIN REIMBURSEMENT -WHEELER ROAD -CRITTENDEN
Del Crittenden has requested that the reimbursement charge that he paid to connect to water main on the
south side of Wheeler Road be refunded.This request was tabled by the Council in June 1996.
Action Taken:Mr.Jackson moved thatthis item be removed from the table,seconded by Mr.Nichols, and
passed unanimously.(^)
Gary G. Harer, Municipal Services Director, pointed out that the water line is on the north side of Wheeler
Road until it crosses to the south side near Wiser Lane.The water line then loops around Wiser Lane and
continues down the south side ofWheeler Road to Wilamette Industries where it crosses back to the north
side of Wheeler Road.
Phil Bloom,Northwest Columbia Engineering,representing Mr.Crittenden,stated that there has been no
time to review this project with staff and requested that it be tabled at this time.
Action Taken:Mr.Jackson moved that this item be tabled,seconded by Dr.Covey,and passed
unanimously.
X.PUBLIC QUESTIONS AND COMMENTS
WAL-MART -STORAGE CONTAINERS
Jim Clausen was opposed to allowingWal-Mart to place 18 cargo containers on site. He felt they should
be required to find additional storage elsewhere or to construct permanent storage on-site.
XI.COUNCIL QUESTIONS AND COMMENTS
TRAFFIC STUDIES
Mr.Jackson reported that the city has made traffic counts on Third Avenue,Broadway, and Division.The
Department ofTransportation has placed those figures on its computer modeling to show what will happen ^^
under various scenarios.He mentioned that the DOT will bring those results to Moses Lake and ')
recommended that the Council attend those meetings.
Mr.Chapman suggested that the light at Stratford and Valley be changed to the same way as the light at
Broadway and Alder.
Gary G. Harer, Municipal Services Director,stated that there is more of a problem with the left turn
movements than there is at Alder and Broadway but that staffwould take a look at the Stratford and Valley
intersection for possible changes to the signal light.
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CITY COUNCIL MINUTES:5 August 25, 1998
XII.CITY MANAGER REPORTS AND COMMENTS
GROWTH MANAGEMENT
A letter to Governor Locke in regard to comprehensive planning in Grant County was presented.
Joseph K. Gavinski, City Manager,stated that no changes were made in the letter.
Gilbert Alvarado,Senior Planner,stated that the Council previously requested information on the county's
progress on Growth Management.The county's consultant,Proulx Cearns,are about a week behind but
they have also indicated they would release the draft comprehensive plan for the county by December 1,
which is three weeks early. In essence the consultant is about a month behind the schedule submitted
by Mike McCormick.
Mr.Chapman was concerned that the county's consultant was using population figures to determine the
urban growth area when there are other factors that need to be addressed.
Mr.Alvarado stated that he had pointed out to the consultant that factors other than population need to
be addressed in the urban growth area. He mentioned that in other cities the county has gone beyond
the population figures and addressed other issues.He mentioned to the consultant that the County-Wide
Planning Policies also need to be taken into account.
Mr.Jackson felt that the city would not gain anything by sending the letter to the governor at this time.
Mr. Nichols pointed out that the county is making progress and he did not feel much could be accom
plished by sending the letter.
Action Taken:Mr.Nichols moved that the letter to Governor Locke not be sent at this time,seconded by
Dr.Covey,and passed with Mr.Chapman and Mr.Blackwell opposed.
ANNEXATION REPORT
Gilbert Alvarado,Senior Planner,showed the area east of the city that could be annexed.
The Council discussed the boundaries of the possible annexation and the need to discuss inclusion of
^^J additional property with affected property owners.
Action Taken:Mr.Jackson moved that this item be discussed at the next Council meeting,seconded by
Mr.Chapman,and passed unanimously.
MACC -FEE SCHEDULE
Joseph K.Gavinski,City Manager,stated thatthe Multi-Agency Communications Center has given the city
its projected user fees for the years 2000 -2004.These projected user fees were provided to the city
because of its research into once again operating its own dispatch center.He also presented what it
would costthe city to establish its own dispatch center.He pointed out that itwould cost about $1,000,000
to purchase the needed equipment plus an additional $229,000 over current staffing costs to operate a
911 dispatch center.
There was some discussion and itwas the consensus of the Council that staff be given anothertwo weeks
to evaluate the figures presented.
PARK CLOSURES
Joseph K.Gavinski,City Manager,stated that the Washington State Parks and Recreation Commission
is requesting public input on the proposal to close some state parks due to budget shortfalls. He
mentioned that there are no parks in the Moses Lake area that are currently on the list of proposed
closures.
POLICE DEPARTMENT REWARDS
Joseph K. Gavinski, City Manager,stated that Fred Haynes, Police Chief, has requested that a special
revolving fund of $5,000 be established for the Police Department to be used to offer rewards for
information on specific crimes.He mentioned that the statute seems to indicate that each reward needs
to be approved by the City Council. He stated that he will do additional research to see what could be
allowed.
THREE PONDS AREA
Gilbert Alvarado,Senior Planner,stated that in June 1998 the Department of Transportation held a
meeting concerning wetland enhancement.He forwarded to the DOT the city's Three Ponds area as a
possible site for wetland banking.The Three Ponds area is also the proposed site of the Japanese
Garden.
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CITY COUNCIL MINUTES:6 August 25,1998
Joseph K.Gavinski,City Manager,stated that if DOTs proposed wetland enhancement of the Three
Ponds area is approved the city could received approximately $250,000 worth of improvements in the
Three Ponds area, if this is acceptable to the Council.
SALES TAX/TRANSIENT RENTAL INCOME
The city will receive $287,841.20 in sales tax and $27,212.16 in transient rental income for May 1998.
AHLERS PARK DEDICATION
Joseph K.Gavinski,City Manager,stated that Ahlers Park will be dedicated on September 11 at 11 a.m.
The regular meeting was recessed at 10:30 p.m. and the Council met in an executive session to discuss
potential litigation.The executive session was adjourned at 11 p.m. andJthe regular meeting wasreconvened.The regular meeting was adjourned at 11 <pmrk C ^^^^
ATTEST:
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Mayor
fhance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE IRRIGATOR'S,
INC.PRELIMINARY MAJOR PLAT
IRRIGATOR'S INC.MAJOR PLAT
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
1.HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A publicmeeting was held upon propernotice before the Commission on August 13,
1998.
1.2 Proponent.Irrigator's,Inc. is the proponent of this plat.
1.3 Purpose. The proponent has submitted a plat for propertywhich is legally described upon
the plat.Citystaff has confirmed the propertydescribed on the platis the propertysubmitted
for platting.
1.4 Evidence. The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them,the Commission makes the following findings of fact:
2.1 The proponent is the owner of the property.
2.2 The property is currently zoned Light Industrial.
2.3 Not granting the variance for the sidewalk improvements would place an undue hardship on
the developer.
2.4 The development is consistent with the Comprehensive Plan.
2.5 No negative comments from the public.
3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom
mend to the City Council the advisability of approving a plat.
3.2 The plat is properly before the Commission for its recommendation.
3.3 It is proper at this time for the Planning Commission to make a recommendation on this plat.
3.4 It is in the best interests and welfare of the city's citizens to plat the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the
Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that
the plat be approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL
5.1 Date. A public meeting was held upon proper notice before the Council on August 25,1998.
5.2 Proponent.Irrigator's, Inc. is the proponent of this plat.
5.3 Purpose.The proponent has submitted a preliminary plat for property legally described upon
the plat. City staff has confirmed the property described on the plat is the property submitted
for platting.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presented to the City Council.The City Council adopts those findings of ([)
fact made previously by the Planning Commission as its own.
7.FURTHER CONCLUSIONS BY THE CITY COUNCIL.
From the foregoing findings of fact the Council makes the following conclusions:
7.1 The City Council of the City of Moses Lake is vested with the authority to make a decision
on a preliminary plat.
7.2 The plat is properly before the Council for its decision.
7.3 It is proper at this time for the City Council to make a decision on this preliminary plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and approves the preliminary plat.
Richard H.Pearce,Mayor
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE VISTA
COMMUNITY PLAYFIELD FINAL PLAT
VISTA COMMUNITY PLAYFIELD
FINAL PLAT
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon propernotice before the Commission on August 13,
1998.
1.2 Proponent.The City of Moses Lake is the proponent of this plat.
1.3 Purpose. The proponent has submitted a plat for propertywhich is legally described upon
the plat.Citystaff has confirmedthe property described on the platis the property submitted
for platting.
1.4 Evidence. The Commission considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C. Written comments from various parties.
2.FINDINGS OF FACT BY THE PLANNING COMMISSION.
Based upon the evidence presented to them, the Commission makes the following findings of fact:
2.1 The proponent is the owner of the property.
2.2 The property is currently zoned Public.
2.4 The plat is in the best interests of the city
2.5 The final plat conforms to the preliminary plat.
^J 3.CONCLUSIONS BY THE PLANNING COMMISSION.
From the foregoing findings of fact the Commission makes the following conclusions:
3.1 The Planning Commission of the City of Moses Lake is vested with the authority to recom
mend to the City Council the advisability of approving a plat.
3.2 The plat is properly before the Commission for its recommendation.
3.3 Itis proper at this time forthe Planning Commission to make a recommendation on this plat.
3.4 It is in the best interests and welfare of the city's citizens to plat the property as proposed.
4.RECOMMENDATION OF THE PLANNING COMMISSION.
On the basis of the foregoing findings of fact and conclusions,it is the recommendation of the
Planning Commission of the City of Moses Lake to the City Council of the City of Moses Lake that
the plat be approved.
5.FURTHER HEARING BEFORE THE CITY COUNCIL.
5.1 Date. A public meeting was held upon proper notice before the Council on August 25,1998.
5.2 Proponent.The City of Moses Lake is the proponent of this plat.
5.3 Purpose.The proponent has submitted a final for property legally described upon the plat.
{^J City staff has confirmed the property described on the plat is the property submitted for
platting.
5.4 Evidence.The Council considered the following materials in reaching its decision:
A.The submitted plat.
B.Testimony from the proponent.
C.Written comments from various parties.
6.FURTHER FINDINGS OF FACT BY THE CITY COUNCIL.
No further evidence was presented to the City Council.The City Council adopts those findings of
fact made previously by the Planning Commission as its own.
7.FURTHER CONCLUSIONS BY THE CITY COUNCIL.
From the foregoing findings of fact the Council makes the following conclusions:
7.1 The City Council ofthe City of Moses Lake is vested with theauthority to make a decision /«s
on a final plat.\)
7.2 The plat is properly before the Council for its decision.
7.3 It is proper at this time for the City Council to make a decision on this final plat.
8.DECISION.
The City Council of the City of Moses Lake agrees with the recommendation of the Planning
Commission and approves the final plat.
Dated:August 25,1998
Richard H.Pearce,Mayor
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