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1994 01 11^J ^y 4823 MOSES LAKE CITY COUNCIL January 11,1994 Council Present:Wayne Rimple,Dick Collier,Bill Reese,Richard Pearce,Daryl Jackson, Chet Paine,and Bob Chapman MINUTES: Mr.Jackson moved that the minutes of the December 21 and December 30 meetings be approved as submitted,seconded by Mr.Collier,and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS ActionTaken:Mr.Pearce moved that the bills,checks, and prepaid claimsissued be approved,seconded by Mr.Collier,and passed unanimously. Vouchers audited and certified by the FinanceDirector as required by RCW 42.24.080,and those expense reimbursementclaims 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 January 11,1994 for the funds listed below are approved in the amount of $297,036.42. GENERAL FUND $28,228.73 SANITATION FUND 46,847.13 STREET 762.94 CENTRAL SERVICES 5,248.38 STREET IMPROVEMENT 898.18 EQUIP RENTAL-OPERATIONS 13,403.09 PARK & REC IMPROVEMENT 154,579.63 BUILD MAI NT-OPERATIONS 23,050.95 WATER/SEWER FUND 13,249.72 FIREMANS PENSION 102.42 W/S CONSTRUCTION 10,555.14 M LYOUTH PARTNERHSHIP TF 110.11 TOTAL $297,036.42 Prepaid Claims:Prepaid claims approved by the City Manageraccording to the process established by Moses Lake Municipal Code 3.42.030and the internal control policyapproved by the CityCouncilhave been recorded on a listing which has been made availableto the City Council. The claims listed below are ap proved in the amount of $135,527.62 for all funds. CAPITAL $135,000.00 BUILD MAINT-OPERATIONS 264.70 WATER/SEWER FUND 235.92 TOTAL $135,527.62 Checks: Checks 39599 through 39863 issued on December 22,1993 were approved for payment at the Council meeting held on January 11,1994 in the total amount of $205,266.07. Payroll:The payroll issued on December31,1993 having been approved pursuant to the rule of the City Council set forth in Moses Lake Municipal Code 3.42.040,was paidby checks 81787 through 81950inthe amount of $218,755.35. Payroll:The payroll Issued on December31,1993 having been approved pursuant to the rule of the City Council set forth inMoses Lake Municipal Code 3.42.040,was paid by checks 81951 through81966inthe amount of $8,420.68. ELECTION OF MAYOR Mr.Jackson nominated Mr.Rimple for Mayor,seconded by Mr.Pearce. Mr.Collier moved thatthe nominations be closed anda unanimous ballot be cast for Mr.Rimple as Mayor, seconded by Mr.Jackson,and passed unanimously. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS Municipal Services:William Aukett, Code Enforcement Officer,and Ben Perdue,Engineering Tech I,were presented to the Council. III.CONSENT AGENDA Resolution - Accept Easement -Schwab: A resolution was presented which accepts an easement for utility purposes from Larry and Betty Schwab forthe Hardenburgh Short Plat #2 on PioneerWay. )00°f )0J3 Resolution -Accept Sewer Main -Irish Meadows:Aresolution was presented which accepts the sewer main I'*-^ extension to the Irish Meadows Trailer Park from the Bernd Short Plat. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. I^o 3 \0AT 4824 CITY COUNCIL MINUTES:2 January 11,1994 IV.CONSIDERATION OF BIDS -None V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS WATER MAIN REIMBURSEMENT -SOUTH CAMPUS Dan Thomas, owner of the old South Campus property at the intersection of Nelson and Highway 17, requested that the reimbursement forwater main installed on Nelson Road and Highway17 be eliminated. Bob Fancher,representing Mr.Thomas, stated thatthe South Campus propertywas served witha waterline constructedin 1962.In 1977a newwater reservoir was constructedto the north on property dedicatedto the city by Big Bend Community College. The property has not and will not hook on to the new line.In 1987 a watermainwas constructedon Highway 17to servethe Shilo Inn.Atthe timethe South Campus Binding Site Plan was ready for final platting,the owner was informed that reimbursement for these water mainswould be required.He did not believe it was the original intent of the ordinance to require this property to pay for these mains.The one for Nelson Road states that reimbursement will be made when hook up takes place.The South Campus property will never hook to that line.The property fronting on Highway 17does not have presentwaterserviceand itisa benefitto the property.Herecommended that the ordinances be amended to state that reimbursement would take place if and when the property is hooked to the water mains. There was some discussion by the Council. ActionTaken:Mr.Rimple moved that the request be tabled and a study session be set forJanuary 18 at 7 p.m.,seconded by Mr.Jackson,and passed unanimously. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -CREATE AIRPORT FUND -1ST READING An ordinance was presented which creates an Airport Fund which will receive and disburse all funds connected with the Municipal Airport. The ordinance creating the Airport Fund was read by title only. ActionTaken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Reese, and passed unanimously. RESOLUTIONS -CRESTVIEW DRIVE ULID Mr.Collier stated that due to a conflict of interest he would excuse himself from participation in this item. Joseph K.Gavinski,City Manager,distributed two resolutionsconcerning the Crestview Drive ULID - one includes onlythe sewer lineand the other includesthe sewer lineand undergroundingof electrical utilities. The resolution beginsthe process forconstructionofthe proposed improvements. Hepointedoutthatthere is sufficient petitions for the sewer improvements but if the undergrounding of utilities is desired, the resolution method would need to be used since there is not sufficient petitions requesting that improvement. The city would construct the street and contribute $130,000 to the sewer project. Steve Shinn,426 Crestview,distributed some information to the Council.The main concern of the residents seems to be the cost of undergrounding the electrical service. The PUD has estimated that it will cost $200,000 which does not include the trenching or conduit. The property owners would have to pay forthe undergrounding fromthe street to their homes.Because the engineering and administrationfees ofthe city are so much higherthan the PUD,negotiations were conducted with the PUD and they have agreed to do the underground construction includingexcavation,sandbedding,and conduit.Some further negotiations need to be conducted with the city to iron out the details. Bob Bernd,506 Crestview,stated that he would like to see sidewalks on both sides of the street and is in favor of undergrounding the utilities. He did not feel the city should deviate from the community standards. John Moberg,representing Beth Suko and Dr.Darrel Larson,stated that Dr.Larson and Beth Suko have submitted a notice withdrawing their names from the original petition. He stated that installing sidewalks onthe west side will require the relocation of the power poles,fire hydrants,etc.This cost would be borne by the property owners.He also felt that it is the responsibility of the PUDto underground the electrical lines. He pointed outthat the property owner also has to bear the cost of installing the lines from the main to the house. Jack Hendrix,414 Crestview,encouraged the Council to pass the resolutions in order to get the process started. He pointed out that 90% of the home owners signed the original petition. He mentioned that of the 53 existing homes,39 wanted sidewalks on both sides of the street. •O O o 4825 CITY COUNCIL MINUTES: 3 January 11,1994 Dale Baker,611 Baker,stated that the LID would be a burden on him. DaveHussey, 522 Crestview,stated that the east side of Crestviewwants sewer and a street. He did not feelthat power and sewer should be paidforthe east side of the development.The developer will sell that propertyand he wanted to know where the traffic would go. Hedid not wish any additional development untilanother outlet is constructed for the existing development.He stated that constructing sidewalk on the east side will involvetearing up driveways, underground sprinklers,and landscaping. Walt Spies, 242 Crestview,stated that the first petition circulated stated that unless the sidewalk was\^j constructed,the PUD would not underground the utilities,which is not correct,and there were no figures ^—'presented.He felt that now that many of the people know what it could cost,that they would rather not proceed with the project. Mr.Pearce felt that the project should be tabled until the residents of Crestview Drive determine what improvements they want. Action Taken:Mr.Pearce moved that the item be tabled.Motion died for lack of second. Mr.Shinnstatedthattherearethree different projects -the street,the sewer,andthe undergrounding ofthe utilities.Hementionedthat he is hopingto haveanotherneighborhood meetingto discuss the community standards and to determine what the residents desire. Mr.Chapman wanted to knowhowmuch input the citizens would haveinvarying the community standards. Joseph K Gavinski,City Manager,statedthatthe property ownerscan requesta variance from the Council of the community standards. Mr.Chapmanstatedthataccordingto the ordinancethereisno optionabout undergrounding the electrical utilities. Mr.Gavinski stated that the ordinance also states that the PUD can request a variance to the requirement to underground the utilities.During the discussions of this ordinance, it was determined that the various utilitiesand the city could try to work out when utilitieswould be undergrounded and who would pay. ^v The resolution of the City Council of the City of Moses Lake declaring Its intention to improve the Crestview \^_J Drive area by constructing and installing asanitary sewer system and connecting the sanitary sewer system to existing sanitary sewer in the Paxson Drivearea and to create a utilitylocal improvementdistrict to assess a portion of the costand expense of said improvements against property in such district specially benefitted thereby,and to notify all persons who may object to said improvement to appear and present their objec tions at a regular meeting of the City Council to be held on February 8,1994 at 7 p.m. Action Taken:Mr.Jackson moved that the resolution establishing a public hearing forthe LID on the sewer system be adopted,seconded by Mr.Reese,and passed with Mr.Pearce opposed and Mr.Collier abstaining. The resolution of the City Council of the City of Moses Lake declaring its intentionto improve the Crestview Drivearea by constructing and installinga sanitary sewer systemand connecting the sanitary sewer system to existing sanitarysewer inthe Paxson Drive area and undergrounding electrical utilities along Crestview Drive and to create a utility localimprovement districtto assess a portionofthe cost and expense of said improvements against property insuch district specially benefitted thereby,and to notify all personswho may object to said improvement to appearand presenttheirobjectionsat a regular meeting of the City Council to be held on February 8,1994 at 7 p.m. Action Taken:Mr.Jacksonmovedthatthe resolution establishing a public hearing for the LID onthe sewer system and undergrounding of utilities be adopted, seconded by Mr.Reese,and passed with Mr.Pearce opposed and Mr.Collierabstaining.- o VII.REQUESTS TO CALL FOR BIDS RESERVOIR #3 PAINTING Staff requested permission to advertise for bids for painting the inside of water Reservoir #3 located at \Q0q Valley Road and Airway Drive.' Action Taken:Mr.Pearce moved that staff be authorized to call for bids,seconded by Mr.Jackson,and passed unanimously. )0 \i°l / ^ 4826 CITY COUNCIL MUNITES:4 January 11, 1994 VIII.REFERRALS FROM COMMISSIONS -None IX.OTHER ITEMS FOR COUNCIL CONSIDERATION SECOND LAKE CROSSING Council endorsement was requested for the city'sapplication for a federal demonstration project for the development of the second lake crossing that has been submitted to Congress. Mr.Jackson stated that there are funds available tothe city for engineering and purchase ofapproachment.f^*\ Theletter hasbeen forwarded onby Representative Inslee's office tothe United StatesHouse ofRepresenta tives Public Works Committee with a letter stating thatitisan on-going project andthe cityhasspentmoney on this project.He requested authorization from the Council to proceed, not onlythroughthe RTPO and STP,to try to obtain funds forthe city forthis project. Mr.Reese felt the cityneedsto makean effort to putthis project on a higher priority andto actively work on the project. Mr.Rimple pointed outthat several years agoitwasthe consensusofthe Council notto takeany further action onthesecondlake crossing andto notspendanymoneyfor acquisition of property for right-of-way. Action Taken:Mr.Chapman moved thatthe application be endorsed,seconded by Mr.Pearce,and passed unanimously. FIRE STATION HEADQUARTERS The City of Moses Lake is applying for an FmHA loan to build the new fire station and must hold a public information meeting to inform the citizens of the project. There were no comments from the public. Mr.Rimple stated that a study session will be held on the project on January 18 at 7 p.m. inthe Council Chambers. „A GAMBLINGTAX ,_ ft'*^\P At the request ofa Councilman,the gambling tax ordinance was again brought before the Council. Ken Green,resident and business owner,stated that he is opposed to any lowering of the gambling tax. He distributed some information about the amount of money earned from gambling and the funds paid to the city because of the gambling tax. He pointed out that lowering the gambling tax from 5%to 2%%would reduce the amount the taverns pay by approximately $1,250 per quarter but the city would lose approxi mately $23,000 per quarter. He felt that the Council should retain the 5%tax on gambling. Mr.Jackson stated that funds can be moved within the city's budget to fund park and recreation improve ments.He pointed out that the gambling tax is based on gross instead of net income. Mr.Pearce pointed out that 13 gambling providers in the city take in about $3,100,000,which is an average of $231,000 each.The Council needs to decide if it wishes to encourage gambling by reducing the tax or continue to improve recreationalopportunities and other activities. He feltthat the Council had an obligation to all 11,000 citizens of the city and not just to 15 people who operate gambling. Mr.Reese pointed out that the city is growingwith a corresponding increase in sales tax which could be earmarked for recreational improvements. Mr.Pearce stated that only those establishments who sell liquorhave the right to have punchboards and pulltabs at their businesses. He mentionedthat the state legislature has giventhe citiesthe right to tax gambling and thatthere is neverenough money for all the projectsthatthe citizenswant. Action Taken:Mr.Jackson moved that staff be directed to bring back an ordinance reducing the gambling tax from 5%to 3%as of January 1,1994,andto further reducethe taxto 2%%beginning the second quarter of 1995 provided the salestax revenues exceedthe west coast CPI for the year of 1994 bya minimum of 2% over those revenues for 1993,seconded by Mr.Chapman, and passed with Mr.Collier and Mr.Pearce opposed. SOLID WASTE COLLECTION CONTRACT The city's contract with Lakeside Disposal and Recycling will expire on August 31,1994.The city has several optionswith regard to a new contract -request bids for a new contract,negotiate with the solid waste collector, or ask for proposals from solid waste collection contractors. r^ u L*/ 4827 CITY COUNCIL MINUTES: 5 January 11,1994 Bob Bernd,Lakeside Disposal,stated that he would like to renegotiate a contract with the city. He mentioned that they have startedthe community clean-up program,the Christmastree recycling program, andthe free lotclean-up project.He felt thattherearesome areasthatneedto be addressedanda study session would be in order. There was some discussion and it was the consensus of the Council that the present garbage contractor has done an excellentjobandthe cityshould negotiate withthe current garbage contractor. ActionTaken:Mr.Pearcemoved thatthe citynegotiatewiththe presentgarbage contractor,seconded by Mr.Jackson,and passed unanimously. I-90/BROADWAY INTERCHANGE The Department of Transportation has senta letter to the city stating that If the Council does nottakea position with regard to the SR 171/1-90 Interchange design alternatives,the project will be placed onthe shelf. Mr.Jackson stated thattheCouncil needsto make a decision on whether or not to proceed with the project. He recommended that design alternative #3 be considered. Mr.Chapman felt that the city should bean active participant in this project and that he would be in favor of design alternative #3. Mr.Pearce also felt thatdesign alternative #3 shouldbe recommendedto the statebut felt thatthere only needs to be one exit to Lakeshore. Two exists would leave a piece of residentially zoned propertythat probably could not be used for residential purposes. Action Taken:Mr.Jackson moved that it be recommended to the Department of Transportation that a standard diamond interchange,as illustrated on Design Alternative #3, be constructed and that the state investigate eliminating one of the proposed two exists to Lakeshore Drive,seconded by Mr.Pearce,and passed unanimously. BUSINESS UCENSES -v MarkThornton, Moses Lake Property Management, stated that he handles numerous rentalsand he wished ^J to discuss the ordinance requiring people with 5 or more rental units to obtain a business license.He felt that the ordinance is requiring his clients to obtain a business license even though he is doing allthe work. Mr.Chapman stated that he is opposed to the ordinance but he wanted to know how the ordinance is currently being enforced. Joseph K.Gavinski,City Manager,statedthat the citydid a physical surveyto catalog theobvious 5 or more rental units,researched the utility records for a multiple listing of people who would have 5 or more living units, and then looked through the yellow pages. Mr.Chapman feltthat the ordinance is flawed and would liketo see it repealed. Mr.Rimple stated that the ordinance came about because 90% of the apartment houses were buying business licenses and the others were not. He felt that it should be discussed before repealing the ordinance is considered. Mr.Pearce felt that the question of managed property could be addressed rather than repealing the ordinance. There wassome discussion bythe Council anditwas determined to havea studysessionto discussthe issue at a later date. X.COUNCIL QUESTIONS AND COMMENTS GROWTH MANAGEMENT Mr.Chapman wanted to know how staff is addressing the growth management issue.10 9^~ Joseph K.Gavinski,City Manager,stated that the city has until July 1995 tocomplete the Comprehensive Plan.He mentioned that the Senior Planner and the Associate Planner are currently spending about 10% of their time on growth management.He mentioned that the city will be using its current comp plan as a base,so some of the work has been done and will just need to be updated.He stated that the person the city had hired to work on some of the inter-disciplinary information did not work out and the cfty is currently hiring anew person for that position.He stated that the urban growth areas within the county surrounding the city have to be established and public input will be needed when work on the comp plan begins. Mr.Chapman was concerned about obtaining public involvement in the growth management process. /o/9 o*:x o^i oo )3^ 4828 CITY COUNCIL MINUTES:6 XI. CITY MANAGER REPORTS AND COMMENTS FIRE RATING Joseph K.Gavinski,CityManager, stated that the Rating Bureau has indicated that withthe construction of the headquarters building and the training facilities the city's rating would be reduced to a Class 4. AWC CONFERENCE Joseph K.Gavinski,City Manager,stated that the AWC Legislative Conference will beon February 2 and 3 in Olympia. PUD Joseph K.Gavinski,City Manager,reported that the PUD has requested a meeting on January 20 at7 p.m. in the Council Chambers to discuss the 115kv transmission line. January 11,1994 REVENUE REPORT Joseph K.Gavinski,City Manager,distributed the revenue report forthe 1993 year. The regular meeting was recessed at 10:25 p.m. and the Council met inan executive session to discuss real estate and litigation.The executive session was adjourned at 11:45 p.m.and the regular meeting was reconvened. The regular meeting was adjourned at 11:45 p.m. Finance Director ~