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1990 06 26u <J 4438 CITY COUNCIL CITY OF MOSES LAKE June 26,1990 Members Present: Wayne Rimple,JoAn Brown,David Chandler,Roger Biallas,Charles Edwards, Norm Johnson,and Bill Reese MINUTES:Mr.Edwards moved that the minutes of the meeting of June 12 be approved as submitted, seconded by Mr.Johnson,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Edwards moved that the bills,checks,and prepaidclaims issued be approved,seconded by Mr.Chandler,and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply. Vouchers audited and certified by the Finance Director as required by RCW42.24.080, and those expense reimbursement claims certifiedas required by RCW42.24.090, have been recorded on a listingwhich 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 Councilmeeting of June 26,1990 forthe funds listed below are approved in the amount of $491,471.33. GENERAL FUND $12,235.86 STREET 7,845.40 STREET REPR/RECON 17,653.85 EQUIPMENT LEASES 408.21 CONVENTION CENTER 52,270.36 STREET IMPROVEMENT 282.91 PARK IMPROVEMENT 578.01 WATER/SEWER FUND 13,920.68 1985 BOND REDM 581,788.25 1985 BOND RESERVE 68,787.37 WATER/SEWER CONSTRUCTION 4.50 WATER/SEWER LEASES 770.57 SANITATION FUND 33,208.99 UNEMPL COMP INS 233.56 CENTRAL SERVICES 7,754.68 BUILDING MAINTENANCE 1,394.48 EQUIPMENT RENTAL 14,277.04 FIREMANS PENSION 60.59 L I.GUARANTY 50,570.07 LID #53 53.75 TOTAL $864,099.13 Prepaid Claims:Prepaid claims approved bythe City Manager according tothe process established by Moses Lake Municipal Code3.42.030 andthe internal control policy approved bythe City Council havebeen recorded on a listing which has been made available to the City Council.The claims listed below are approved in the amount of $4668.27 for all funds. CENTRALSERVICES 1,972.71 BUILDING MAINTENANCE 2,119.36 EQUIPMENT RENTAL 576.20 TOTAL $4,668.27 Checks:Check24067 through 24073 issued on May 22,1990,checks 24190 through 24200 issued from May 24 through June6, and checks 24204 through 24358 issued on June 13,1990,were approved for payment at the Council meeting held on June 26,1990 in the total amount of $843,871.74. {^J Payroll:The payroll issued on June 22,1990 having been approved pursuant tothe rule of the City Council set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 66206 through 66361 inthe amount Of $175,898.00. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS -None 4439 CITY COUNCIL MINUTES:2 June 26,1990 III.CONSENT AGENDA ^Fireworks -Basketball Boosters.Band Boosters,and Little League The Basketball Boostershaverequested permission to sell fireworks at 411 E.Fifth and 711 Stratford Road. The Band Boosters have requested permission to sell fireworks at 1102 W.Broadway.The Little League has r-\requested permission to sell fireworks at 815 Stratford Road.The Fire Department has inspected all the sites [_ and found everything in order. ,^iy Laauna Point Preliminary Plat -Set Date to Consider The Laguna Point Preliminary Plat has been submitted for Council review.The plat consists of 17 lots on ^.9 acres located attheendof Laguna Drive.The area iszoned R-1,Single Family Residential.TheCouncil should set July 10 as the dateto consider this preliminary plat. '°'1990 Crack Sealing Project -Accept Work0i The 1990 crack sealing project has been completed.The work should be accepted and the 30 day lien period entered into. Q INET Grant-Authorization to ApplyC\I ,'/ a* TheGrant County Sheriffs Office hasrequested the city participate in a grant application for funds from the Department of Community Development,Washington State Narcotics Control Program.The funds will provide for additional,not existing,commitment.The city will not receive any reimbursement for any existing expenditures from this grant butitwill provide for moremanpower from othermunicipal agencies. Resolutions -Accept Easements/Deed - Stratford Road jqm'^Three resolutions were presented which accepted an easement from Henrietta Penhallurick and Murray A. Talenfeld Residuary Trustand a quit claim deed from Richard and Mary Lou Penhallurick ActionTaken:Mr.Chandler moved thatthe consent agenda be approved, seconded by Mrs.Brown,and passed unanimously. IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS COMMUNICATION -MOSES LAKE BUSINESS ASSOCIATION -REQUEST TO USE RIGHT-OF-WAY n ,/5^ U° The Moses Lake Business Association requested permission to use the sidewalk on July 13 and 14 for a sidewalk sale.They also requested permission to close Third Avenue from Alder to Beech on August 10 and 11 for the annual Cowboy Breakfast and sidewalk sale. Action Taken:Mr.Johnson moved that the request to use the sidewalks on July 13 and 14 be approved, seconded by Mr.Edwards,and passed unanimously. Action Taken:Mr.Reese moved that the request to close Third Avenue from Alder to Beech on August 10 and 11 be approved,seconded by Mr.Johnson,and passed unanimously. COMMUNICATION -PARKING The Immanuel Lutheran Church has requested a restricted parking area on A Street for the loading and unloading of children utilizing their pre-school. The vehicles that were parked in the area have been removed.The Municipal Services Department was ^^^ concerned about the amount of space requested since there are a number of multi-family units in the area.fi There was some discussion by the Council and itwas felt that the removal of the vehicles might alleviate the problem,at least till fall.No action was taken. u u 4440 CITY COUNCIL MINUTES:3 June 26,1990 VI.ORDINANCES AND RESOLUTIONS ORDINANCE -LICENSING REGULATIONS -TEMPORARY LOCATIONS -2ND READING An ordinance was presented which amendsthe business license regulationsto clarifythe factthat non-profit organizations selling fireworks have to obtain a business license each year for the fireworks stand. The ordinance amending Chapter 5.06 of the Moses Lake Municipal Code entitled"Licensing Regulations - Temporary Locations"was read by title only. Action Taken:Mrs.Brown moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mr.Chandler, and passed unanimously. ORDINANCE -HEARING EXAMINER -2ND READING An ordinance was presented which amends the recently adopted regulations for the Hearing Examiner in order to clear up one ambiguity.The Hearing Examiner should consider variances to the city zoning ordinances,not the city plan. The ordinance amending Chapter 18.80 of the Moses Lake Municipal Code entitled "Hearing Examiner"was read by title only. Action Taken:Mr.Chandler moved that the second reading of the ordinance be adopted and the summary for publication be approved,seconded by Mrs. Brown, and passed unanimously. ORDINANCE -COMMERCIAL AVENUE VACATION -2ND READING Jim Barney has requested the vacation of a portion of Commercial Avenue, 20' in width, adjacent to the parcel of land upon which Les Schwab Tires is located at 418 E. Broadway. The vacated area would be incorporated into a short plat.The Planning Commission recommended that the vacation request be approved. The ordinance vacating a portionof CommercialAvenue was read by titleonly. Action Taken:Mr.Chandler movedthatthe second reading ofthe ordinance beadoptedandthe summary for publication be approved,seconded by Mr.Edwards,and passed unanimously. ORDINANCE -AMEND 1990 BUDGET -2ND READING An ordinance was presented which amendsthe 1990 budget in order to allow the purchase of land for a parking lot. The ordinance amending the 1990 budget for the City of Moses Lake,Washington,was read by title only. Action Taken:Mr.Johnson moved that thesecond reading ofthe ordinance beadopted and the summary for publication be approved,seconded by Mr.Edwards,and passed unanimously. ORDINANCE -BONDS -PAVERS/PARKING LOT -2ND READING An ordinance was presented which authorizes the issuance of $650,000 in limited tax general obligation bondsto coverthe cost of some ofthe brick pavers in the downtown corearea andthe purchase cost of the property the city is buying at the corner of Third and Ash. The ordinance of the City of Moses Lake authorizing the issuance and sale of its limited tax general obligation bonds inthe aggregate principal amount of $650,000;specifying the terms, date,interest rates, maturities,and form thereof;pledging to paythe principal of and interest on the'bonds from regular tax levies;establishing a special bond redemption fund;and accepting a proposal for the purchase of such ^J bonds was read by title only. Action Taken:Mr.Chandler movedthatthesecondreading ofthe ordinance be adopted andthe summary for publication be approved,seconded by Mr.Edwards,and passed unanimously. ORDINANCE -BONDS -ULID #3 -2ND READING An ordinance was presented which authorizes the issuanceof $230,000 inwater/sewer revenue bondsto cover part of the cost of the utility improvements inthe Laguna Drive area. /0b2 /?JT- JO/>7 /O/J /JOO |Qlq )P )ID1 4441 CITY COUNCIL MINUTES:4 June 26,1990 Theordinance oftheCity ofMoses Lake authorizing the issuance and sale of its water/sewer revenue bonds intheaggregateprincipal amountof $230,000;specifying theterms,date,interest rates,maturities,and form thereof;pledging to pay the principal of and interest onthe bonds from regular tax levies;establishing a special bond redemption fund;and accepting a proposal for the purchase of such bonds was read bytitle only. Action Taken:Mr.Johnson moved that the second reading of the ordinance be adopted and the summary for publication be approved,secondedby Mr.Reese,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS STRATFORD ROAD IMPROVEMENT PROJECT Staffrequested authorization to call for bids for the improvements to Stratford Road. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Johnson,and passed unanimously. VIII.REFERRALS FROM COMMISSIONS -None IX.OTHER ITEMS FOR COUNCIL CONSIDERATION I//'?STREET CONSTRUCTION AGREEMENTS -MOSES LAKE MALL The developersofthe Moses LakeMall haveagreedto constructthe city's portion ofthe required extension of Central Drive in exchange for the city's installation ofthe signal light atthe mall'sStratford Roadentrance. The city will have the rightof reimbursement from adjacent propertyowners fora proratacost ofthe traffic signal and the developer will have a right of reimbursement from adjacent property owners for the construction of Central Drive.Authorization was requested to sign these agreements. ActionTaken:Mr.Johnson moved that staffbe authorizedto signthe agreements,seconded by Mr.Reese, and passed unanimously.(*"*} Qv\3 GENERAL UNION CONTRACT -ADDENDUM An addendum to the union contract representing Public Works and Parks employees was presented.The addendum addressed salaries and medical insurances for 1990. Action Taken:Mr.Chandler moved that the City Manager be authorized to sign the addendum,seconded by Mr.Edwards,and passed unanimously. r> STRATFORD ROAD TRAFFIC City staff is requesting Council direction on the installation of trafficcurb on the turn lane south of Valley Road. The installationof this curb would probably not benefit the traffic flow.Staff can work with the new owners of the Vista Service Station to eliminate some of the existing driveways when the plans for the redevelopment of the station are received. Action Taken:Mr.Johnson moved that no traffic curb be installed on Stratford Road on the turn lane south of Valley Road,seconded by Mr.Edwards, and passed unanimously. PEDESTRIAN LIGHTING/STREET FURNISHINGS Staff is requesting direction on pedestrian lightingand other street improvements such as street tree guards, tree well grates, trash receptacles,and benches in the downtown paver area. Cecil Lee, Parks and Recreation Director,presented some slides showing various types of pedestrian light poles.Apacket ofinformation showing different types oflight fixtures,poles,tree grates,tree guards,trash Is) receptacles,and benches was presented. There was some discussion by the Council on light standards,fixtures, and other street furnishings.The main concern at the present time is the lighting Action Taken:Mr.Reese moved that a red light pole manufactured by Sternberg Outdoor Lighting, model #4414-DT,with double acorn lights, electrical outlet, flag holder, and arm be used,seconded by Mr. Chandler, and passed with Mr.Edwards opposed. 4442 CITY COUNCIL MINUTES:5 June 26,1990 SAMMONS COMMUNICATION FRANCHISE Joseph K.Gavinski,City Manager,reported that the current franchise to Sammons Communications expires /''< in December 1990. City staff has some concern withthe following sections included inthe draft franchise proposed by Sammons:Franchise Term, Paymentstothe City,LocalOffice,ComplaintProcedures,Liability and Indemnification,Line Extensions,Theft of Services and Tampering,Ordinances Repealed,and the effective date of the ordinance. A meeting has been scheduled with Sammons to discuss the city's {)concerns.Council direction onthevarious areas ofconcern was requested before that meeting is held. Four additional changes have been suggested - addition of KSTW,addition of stereo service, section 6 should be the same as inthe existing ordinance, and addition of language allowingthe city to regulaterates inthe event Congress passes legislation allowing municipalities to do so. Alsothe term ofthe franchise has been suggested to be fiveyears since Sammons has not indicated any new improvements will be made to the system. James A.Whitaker, CityAttorney,suggested that, since Sammons has not indicated any new improvements and it is unknown what Congress will do, a one year franchise be negotiated with additional years in exchange for additional technology. Action Taken:Mr.Johnson moved that the City Manager be authorized to negotiate with Sammons Communications along the lines suggested by the City Managerbut fora one year term,seconded by Mr. Chandler, and passed unanimously. COMMUNICATION -BOATING ORDINANCE The Grant County Sheriffs Office has requested that the City of Moses Lake adopt a boating ordinance /<2^3 similarto the one in existence in Grant County.Some of the items in the county's ordinance may not be needed in the city's version.Council direction is requested. Mr.Johnson stated that the Sheriffs office has been issuing tickets to boaters for not having life preserves, flares, etc.and he felt it was harassment.He felt that the public should be educated on the requirements before tickets are issued.He pointed out that the county's ordinance is about 15 pages and he did not feel a city ordinance,if necessary,should have to be that long. u kj Mr.Reese did not feel the city had a problem with boaters. Mr.Biallas stated that it is the responsibility of the individualto educate himself on the laws and regulations governing boating. It was pointed out that the Sheriffs Department can enforce state law with regard to boaters. James A.Whitaker,CityAttorney, stated thatthe Sheriffs Departmentcannot enforce city ordinances incity waters unless they are authorized by the Police Departmentto do so. This creates some problems with liability. Joseph K.Gavinski,City Manager,pointed outthat the Sheriffs Department would not routinely patrol city watersunless requestedto do so,they haveasked for city police commissions inorderto enforcethe city's ordinance,and they would assume liability for theiractionswhen operating incitywaters. Therewas some discussion anditwasthe consensus ofthe Council thatcitystaffdraft a boating ordinance dealing with public safety. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS LARSON WELLS/TCE -SITE INSPECTION An abstract and summary and conclusions of a site inspection report on the former Larson Air Force ^ Base/Grant County Municipal Airport was presented.According tothis report,determining thesource of the TCE contamination in theLarson Subdivision area may beadifficult task.The city is in the process of investigating the TCE contamination issue further with its own consultant. SCHOOL DISTRICT CROSSWALKS Joseph K.Gavinski,City Manager,stated that the school district is going to contact a pedestrian safety //'? person with theState Patrol out ofWenatchee to help develop an education program tousein the schools. The education program will also target adults to try to educate them to use crosswalks and set a good example forthe children in the city. 4443 CITY COUNCIL MINUTES:6 ANNEXATION June 26,1990 Joseph K.Gavinski,City Manager presented a letter,to be signed by the Council,in response to the newspaper article on June 19 entitled "County Worries Over City's Control".The article dealt with the county's concern over the city's annexation policy. SALES TAX The sales tax received for March and April 1990 was $260,108.29. TRANSIENT RENTAL INCOME The amount of transient rental income received for May 1990 was $5,716.93. The regular meeting was recessed at 10:30 p.m. and the Council met in executive session to discuss litigation,real estate,and personnel.The executive sessionwas adjourned at 10:30 p.m.and the regular meetingwas reconvened. The regular meeting was adjourned at 11:00 p.m. ATTEST: " ~ ~