Status quo on Broadway snow

State continues plowing and billing; City of Moses Lake not paying that bill

MOSES LAKE — After the biggest snowfall in eight years last winter, the state's department of transportation plowed the snow off Broadway Avenue and billed the city.

Now it's winter again, and that bill is still unpaid.

This is because city authorities such as City Manager Joe Gavinski feel it is the state's duty to plow the snow and the city's job to remove it. WSDOT does not see it that way.

As far back as fifteen months ago, the WSDOT stated its position based on the Revised Code of Washington 47.24.020. The state's assistant attorney general Ann Salay wrote the city saying that it was not the transportation department's job to plow Broadway Avenue, a portion of which is also known as State Route 171.

The letter dated Oct. 17, 2003 reads "The RCW…does not require the WSDOT to plow SR 171, or, in the alternative, it would be a WSDOT decision, determined on a case by case basis as to whether roadway conditions necessitated WSDOT's intervention."

The letter goes on to state that the WSDOT would plow the snow and bill the city, which they did in late May 2004, sending an invoice for $9,522 and change. A week later, the city council passed a motion to table the request for reimbursement.

Since then, neither side has budged. City Manager Joe Gavinski said the state is doing its job by plowing snow, and that the WSDOT still believes the city should plow and remove the white powder.

"We do appreciate (the WSDOT)'s efforts," he said.

It's been eight months since the WSDOT billed the city and Gavinski said the state has not repeated its request to be paid.

There may be a reason for the state's low-key approach, he added.

"If the city does not pay, they can sue us. But if they sue and we win, it brings to the forefront other cities that won't do the streets either, so it's too big a risk for them for $10,000."

Gavinski highlighted the work of city crews plowing snow off arterials. A contracted business is plowing the snow off streets on residential areas for the city.

However, he reminded citizens they need to do their part, as well. A city ordinance requires residents to remove the snow from their sidewalks.

The ordinance, on chapter 12.20 of the Moses Lake Municipal Code states that sidewalks must be kept free from snow, ice, obstruction "or other objectionable thing."

This is because an icy or snowy sidewalk may force pedestrians to walk on the street, which is unsafe. Non-compliance may result in a fine of up to $1,000, Gavinski said.