1997 10 285288
MOSES LAKE CITY COUNCIL
October 28,1997
Council Present:Daryl Jackson,Wayne Rimple,Ron Covey,Grant Nichols,Bill Reese,and Richard
Pearce Absent:Bob Chapman
MINUTES:Dr.Covey moved that the minutes of the October 14 meeting be approved as submitted,
seconded by Mr.Rimple,and passed unanimously.
APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS
i j Action Taken:Mr.Pearce 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 October 28, 1997 for the funds listed below are approved in the amount of
$241,418.45
GENERAL FUND $21,639.39 WATER/SEWER LEASES 1,693.10
STREET 23,526.87 STATE WATER POL D/S 40,602.09
STREET REPR/RECON 1.00 SANITATION FUND 7,779.85
EQUIPMENT LEASES 19,292.36 AIRPORT 310.00
STREET IMPROVEMENT 198.49 UNEMPL COMP INS 375.00
PARK &RECREATION IMPROV 11,096.05 CENTRAL SERVICES 12,644.14
CENTRAL DRIVE LID 365.06 EQUIP RENTAL-OPERATIONS 33,457.65
WATER/SEWER FUND 56,231.60 BUILD MAI NT-OPERATIONS 10,504.21
WATER/SEWER CONSTRUCTION 1,327.43 M L YOUTH PARTNERSHIP TF 374.16
TOTAL $241,418.45
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 $6,273.80 for all funds.
GENERAL FUND $4,462.05 SELF-INSURANCE 1,300.00
WATER/SEWER FUND 421.54 CENTRAL SERVICES 90.21
TOTAL $6,273.80
Claims Checks:Checks 13971 through 14300 issued on October 15, 1997 were approved for payment
at the Council meeting held on October 28,1997 in the total amount of $554,099.39.
Payroll:The payroll issued on October 17,1997 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 55244 through 55454 in
the amount of $225,470.04.
I.CITIZEN INPUT
BOYS AND GIRLS CLUB -AUCTION
Lee Blackwell,Boys and GirlsClub,stated that tickets are now on sale forthe Boys and Girls Club Auction
to be held on November 8 at the Elks Club. This auction is co-hosted by the Lioness Club.
II.PRESENTATIONS -None
III.CONSENT AGENDA
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Resolution -Accept Easement -Pioneer Commercial Plat:Aresolution was presented which accepts an /Dl
easement for municipal purposes on the Pioneer Commercial Park Major Plat located on Colonial Avenue
\J and Pioneer Way.
Russell Preliminary Plat - Set Date to Consider:The Council should set November 11 as the date to //&U?
consider this preliminary major plat.
Action Taken:Mr.Rimple moved that the Consent Agenda be approved,seconded by Mr.Reese,and
passed unanimously.
IV.CONSIDERATION OF BIDS -None
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CITY COUNCIL MINUTES:2 October 28, 1997
V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ICE SKATING RINK -MOSES LAKE LIONS CLUB
The Moses Lake Lions Club requested the $25,000 community self-help funds in order to construct a
facility forthe city's two ice skating rinks.
Mr.Nichols,representing the Moses Lake Lions Club,stated thatthe Club has been discussing ways to
help the community and felt that the there is a need for a permanent home for the ice skating rinks and ^^
the Lions club would like to help the city in this project.f)
Joseph K.Gavinski,City Manager,pointed out that the Council has the ability to award up to $25,000 a
year in neighborhood self-help funds but that what the city receives in return must be worth at least
$75,000.
Therewas some discussion bythe Council on the requestand itwas pointed outthatthe cityhas notyet
established a location forthe ice skating rinks.Itwas also pointedout that design of the facilities would
have to be approved by the Council.
Mr.Nichols stated that it was hoped the interest expressed by the Moses Lake Lions Club would be a
catalyst to propel the project forward.
WELL #5 -REQUEST TO USE
The Multi-Agency Communications Center has requested the use of Well #5 to house radio transmit
ter/receiver equipment and the associated antennas in order to provide the required portable radio
coverage for the City of Moses Lake.
Joseph K.Gavinski,City Manager,stated that the city has no concerns about installing the antennas on
the tank and there is a standard lease arrangement.He pointed out that it was the city's intent to abandon
the well and demolish the wellhouse.
Action Taken:Mr.Rimple moved that the City Manager be authorized to inform the Multi-Agency
Communications Center that the city plans to demolish the wellhouse,seconded by Mr.Nichols, and
passed unanimously.^-v
/]STATE PARK -BUILD ON UNPLATTED PROPERTY
The Washington State Parks and Recreation Commission is requesting permission to construct a small
picnic shelter at the State Park, which is currently unplatted.The picnic shelter would be dedicated to
Marshall Burress who donated the land to the state.
Don Garrett,Moses Lake State Parks,stated that the building will be constructed with volunteer funds but
permission is needed in order to build on unplatted property.
Joseph K.Gavinski,City Manager, pointed out that property must be platted in order for a building permit
to be issued but the Council can grant permission forconstruction on unplatted property. He pointed out
that normally there is a recommendation from the Planning Commission on this type of request but due
to the time of the year and the desire to have the picnic shelter constructed this fall,the request has been
presented directly to the Council.
The resolution allowing the State of Washington to build on unplatted property was read by title only.
George Schifner,4840 Westshore Drive, pointed out that Marshall Burress donated that land to the state
50 years ago.The city has benefited by the park and he felt that something should be done in his
memory.
Action Taken:Dr.Covey moved that the resolution be approved,seconded by Mr.Rimple,and passed
unanimously.
USE OF CITY PROPERTY -MOSES LAKE BUSINESS ASSOCIATION f\
The Moses Lake Business Association has requested the use of the city's parking lot on Third Avenue to
place a Christmas tree,Santa's house,and the lighted "Heron"and "Santa on the Waterslide".These
uses will not impact parking spaces or snow removal.
Sally Goodwin,representing the Moses Lake Business Association,stated that the request is a follow up
on the Christmas lighting decorations and the discussions on using this area as the center for the holiday
decorations.
Action Taken:Mr.Pearce moved that the request to use city property be granted,seconded by Mr.
Nichols,and passed unanimously.
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CITY COUNCIL MINUTES:3 October 28,1997
SAMARITAN HOSPITAL
A letter was read from Corbin Moberg,Samaritan Ambulance,which requested additional space in both
the satellite fire station and the main fire station.
Joseph K. Gavinski, City Manager, distributed a letter outlining what the city felt would be a fair cost for
the space requested by the hospital in both stations.
There was some discussion by the Council.
Action Taken:Mr.Rimple moved that the City Manager be authorized to sign a lease agreement with
Samaritan Hospital for their use of space at the Main Fire Station and Satellite Fire Station #2,seconded
by Mr.Nichols, and passed unanimously.
Mr.Moberg stated that another issue that needs to be resolved is the EMS issue which is a tiered
response by the Fire Department to emergency medical calls within the City of Moses Lake.Discussions
have been held with the Fire Chief and City Manager on this issue.The problem forthe city is that when
a fire fighter is helping with an ambulance call,the city would incur overtime costs because a back up fire
fighter would have to be called in to respond to any fire calls. It was determined that the city would bill
the hospital $150 each time a fire fighter is taken out of service to help on an ambulance call. The use
of the fire fighter would only be needed on critical patients which should not happen too often.
Mr.Gavinski stated that the Fire Department does provide minimal emergency service at the .present time
but that service would end when Samaritan moves into the Main Fire Station.He pointed out that assisting
Samaritan in emergency service will have to be approved by the Council.
There was some discussion by the Council.
Action Taken:Mr.Pearce moved that an agreement be drafted with Samaritan Hospital for the city to
receive $150 for EMS assistance to Samaritan Hospital Ambulance Service,seconded by Mr.Nichols, and
passed unanimously.
ORDINANCE -TAX LEVY -1ST READING/PUBLIC HEARING ,
An ordinance was presented which sets the tax levy for the city.
Joseph K.Gavinski,City Manager,stated that if Referendum 47 is passed,it could affect the amount of
money the city can collect.
The public hearing was opened.There were no comments.
Action Taken:Mr.Pearce moved that the public hearing be closed,seconded by Mr. Nichols, and passed
unanimously.
The ordinance fixing the estimated amount to be received for municipal purposes from taxations on
assessed valuations on property within the City of Moses Lake,Washington for 1998 was read by title
only.
There was some discussion on the impacts of Referendum 47 if it is passed.
Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
VI.ORDINANCES AND RESOLUTIONS
ORDINANCE -CREATE SPECIAL EXCISE TAX -2ND READING ADOPTED
An ordinance was presented which deletes Chapter 3.26 of the Moses Lake Municipal Code and
establishes Chapter 3.28 of the Moses Lake Municipal Code which established a 4%motel/hotel tax.
\_)The ordinance repealing Chapter 3.26 of the Moses Lake Municipal Code entitled "Special Excise Tax"
and creating a new Chapter 3.28 of the Moses Lake Municipal Code entitled "Special Excise Tax"was
read by title only.
Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
ORDINANCE -VACATE KITTLESON ROAD -1ST READING
An ordinance was presented which vacates the portion of Kittleson Road lying east of the Moses Lake
Travel Plaza 2nd Short Plat.
The ordinance vacating a portion of Kittleson Road was read by title only.
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CITY COUNCIL MINUTES:4 October 28,1997
Mr.Rimple questioned whether or not the water meters that were covered by the BST overlay would be
required to be uncovered.
Joseph K.Gavinski,City Manager,stated that the requirement to uncover the water meters could be
added to the ordinance.
Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
ORDINANCE -PARKING ON SHARON -1ST READING O
An ordinance was presented which prohibits parking on the north side of Sharon Avenue adjacent to the
high school except for the loading and unloading of passengers.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"
was read by title only.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Dr.
Covey,and passed unanimously.
VII.REQUESTS TO CALL FOR BIDS -None
VIII.REFERRALS FROM COMMISSIONS
ORDINANCE -DNR/JONES ANNEXATION -ZONING -1ST READING
The property belonging to the Washington State Department of Natural Resources (DNR) and Crawford
Jones located south of I-90 and to the east and west of Highway 17 has been annexed to the City of
Moses Lake,pending approval by the Grant County Boundary Review Board.It is the intent of DNR and
Crawford Jones to provide property for commercial and light industrial development.The Planning
Commission has recommended that the property be zoned Light Industrial. This zoning designation would
allow the city to guide the development of the area since all uses in the Light Industrial Zone are
conditional.
The ordinance zoning certain property annexed to the City of Moses Lake,Washington,was read by title
only.
Action Taken:Mr.Rimple moved that the first reading of the ordinance be adopted and the second
reading and a public hearing be set for November 11,1997,seconded by Mr. Nichols,and passed
unanimously.
,J\RESOLUTION -CENTRAL MACHINERY SALES-BUILD ON UNPLATTED PROPERTY
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A resolution was presented which allows Central Machinery Sales,Inc.to construct a sign on property
owned by David L.Sparks located at 1450 East Wheeler Road.The property is located in the Light
Industrial Zone.The Planning Commission recommended that the request to build on unplatted property
be granted.
The resolution allowing Central Machinery Sales,Inc.to build on unplatted property owned by David L.
Sparks was read by title only.
Judy Wilson, Central Machinery Sales,Inc.,stated that the sign will be located about 9' from the right-of-
way of Wheeler Road in a comparable location to the Case sign.
Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Nichols, and passed
unanimously.
PIONEER COMMERCIAL PARK FINAL PLAT
Phil Bloom, Columbia Northwest Engineering, has submitted a final plat for a 5 lot major plat located off
Pioneer Way and Sharon Avenue.The Planning Commission recommended that the final plat be
approved with the stipulation that the City Engineer's comments be addressed.
Action Taken:Mr.Pearce moved that the Pioneer Commercial Park Final Plat be approved with the
stipulation that the City Engineer's comments be addressed and the Findings of Fact be accepted,
seconded by Mr.Nichols, and passed unanimously.
IX.OTHER ITEMS FOR COUNCIL CONSIDERATION
],jO'^MUNICIPAL AIRPORT -LIGGETT
Mr.Pearce stated that Don Liggett has an existing underground fuel tank that he has been using but now
his supplier will not fill the tank unless he provides documentary evidence thatthe Departmentof Ecology
approves the tank and the propertyowner also grants permission forthe tank. The Department of Ecology
has granted permission for the tank.
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CITY COUNCIL MINUTES:5 October 28,1997
Mr.Rimple wanted to know if the city would have any liability if the tank leaks.
Joseph K.Gavinski, City Manager,stated that the city would probably have some liability as the property
owner but with an agreement the city could look to Mr.Liggett for clean up costs.He pointed out that the
Department of Ecology has given permission for the continuation of the usage of the tank.
Action Taken:Mr.Rimple moved that the request to use the existing tank be approved with the stipulation
that Mr.Liggett be responsible for any damages that might occur due to leakage,seconded by Mr.Pearce.
and passed unanimously.
REQUEST TO USE RAILROAD PROPERTY
A letter has been submitted from Bill Rigsby,SOB's,which requested the use of property being leased
from the railroad by the city to use for additional parking.
There was some discussion by the Council.
Action Taken:Mr.Rimple moved that the City Manager be directed to contact the railroad for approval
of a sublease of the subject property to SOB's for parking purposes,seconded by Dr. Covey,and passed
unanimously.
X.COUNCIL QUESTIONS AND COMMENTS -None
XI.CITY MANAGER REPORTS AND COMMENTS
SALES TAX/TRANSIENT RENTAL INCOME ./t
Joseph K.Gavinski,City Manager,stated that the city will receive $280,724.48 in sales tax receipts and
$24,113.88 in transient rental income in October 1997.
DEPARTMENT OF TRANSPORTATION -HIGHWAY 17
Joseph K.Gavinski,City Manager,stated that the Department of Transportation is looking to increase the
operational capacity of Highway 17 between Pioneer Way and Stratford Road by upgrading Highway 17
to a 4-lane road.
PHOTO RED
Joseph K.Gavinski,City Manager,distributed an article from the Spokesman Review concerning cameras
to catch people who run red lights.
PARENTAL RESPONSIBILITY LAW
Joseph K.Gavinski,City Manager,distributed a copy of the parental responsibility law from Bellevue.This
is a first in the State of Washington and there may be some constitutional problems.
AGCCT
Joseph K.Gavinski,City Manager,stated that the next AGCCT meeting will be Thursday,October 30, in
Royal City.
BUDGET
Joseph K.Gavinski,City Manager,distributed the preliminary 1998 budget and stated that a budget study
session has been scheduled for Tuesday,November 4, in the Main Fire Station conference room.
COUNCIL MEETING
Joseph K.Gavinski, City Manager, pointed out that the next Council meeting will be on November 11,
Veterans Day.
The regular meeting was recessed at 9 p.m. and the Council met in an executive session to discuss
litigation and labor relations.The executive session was adjourned at 10 p.m.and the regular meeting
was reconvened.The regular meeting was adjourned at 10 p.m.
ATTEST:
Finance Director
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BEFORE THE PLANNING COMMISSION/CITY COUNCIL OF THE
CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF THE PIONEER
COMMERCIAL PARK FINAL PLAT
PIONEER COMMERCIAL PARK FINAL PLAT
FINDINGS OF FACT,CONCLUSIONS,
AND DECISION
O1 1-HEARING BEFORE THE PLANNING COMMISSION.
1.1 Date. A public meeting was held upon proper notice before the Commission on October 16,
1997.
1.2 Proponent.John Hobbs is the proponent of this plat.
1.3 Purpose.The proponent has submitted a plat for property which is legally described upon
the plat. City staff has confirmed the property described on the plat is 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 C-2,General Commercial and Business.
2.3 The final plat is consistent with the preliminary plat.
2.4 The plat is in the public interest.
2.5 Mitigation for increased traffic has been required.
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 Pioneer Commercial Park Final 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 October 28,
1997.
5.2 Proponent.John Hobbs is the proponent of this plat.
5.3 Purpose.The proponent has submitted a final 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 Lakeis vested with the authority to make a decision
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 platwith the stipulation that the City Engineer's comments be
addressed.
Dated:October 28,1997
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