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1993 05 114743 MOSES LAKE CITY COUNCIL May 11, 1993 Council Present:Wayne Rimple,JoAn Brown,DickCollier,Bill Reese,Daryl Jackson,Richard Pearce,and Roger Biallas MINUTES:Mr.Pearcemoved thatthe minutes ofthe April 13 meeting be approved as submitted,seconded by Mrs. Brown, and passed unanimously. MINUTES:Mr.Colliermoved that the minutes of the April 27 meeting be approved as submitted,seconded by Mr.Biallas, and passed unanimously. k^J APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mrs.Brown moved that the bills,checks,and prepaid claims issued be approved,seconded by Mr.Reese,and passed with Mr.Rimple abstaining from voting on that portion of the bills to Faber Industrial Supplyand Moses Lake Steel Supply and Mr.Biallas abstaining from voting on that portion of the bills to A & H Printers. Vouchers audited and certified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, 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 Council meeting of May 11,1993 forthe funds listed below are approved in the amount of $263,022.59. GENERAL FUND $14,770.49 SANITATION FUND 61,045.70 STREET 10,842.03 UNEMPL COMP INS 2,386.78 STREET REPAIR/RECON 3,473.30 CENTRAL SERVICES 15,188.39 MID-PENINSULA BLOCK GRANT 21.00 EQUIP RENTAL-OPERATIONS 23,302.61 STREET IMPROVEMENT 27,679.57 BUILD MAINT-OPERATIONS 44,886.92 PARK &REC.IMPROVE 13,730.85 FIREMEN'S PENSION 222.36 WATER/SEWER FUND 14,730.99 TOTAL $263,022.59 WATER/SEWER CONSTRUCTION 30,741.60 Prepaid Claims: Prepaid claims approved by the City Manager according to the process established by Moses Lake Municipal Code3.42.030 and the internalcontrol policy approved by the CityCouncil have been ^j recorded ona listing which has been made available to the City Council.The claims listed below are ap proved in the amount of $11,441.98 for all funds. U GENERAL $384.17 SANITATION FUND 5,095.57 STREET 7.74 CENTRAL SERVICES 914.82 PARK &REC.IMPROVE 90.38 BUILD MAINT-OPERATIONS 8.03 WATER/SEWER FUND 4,941.27 TOTAL $11,441.98 Checks:Checks 37177 through 37453 issued on April 28,1993 were approved for payment at the Council meeting held on May 11,1993 in the total amount of $144,340.12. Payroll:The payroll issued on April 30,1993 having been approved pursuant to the ruleof the City Council set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 78570 through 78585 in the amount of $8,438.28. Payroll:The payroll issued on May 7,1993 having been approved pursuant to the rule of the City Council set forthin Moses Lake Municipal Code 3.42.040,was paid by checks 78586 through 78748 inthe amount of $177,895.09. PROCLAMATIONS The proclamation declaring May 16 -22,1993 as National Public Works Week was read in its entirety.//j£ The proclamation declaring 1993 as Senior Center Year was read in its entirety. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS Finance Department: Gary Sielaff,Computer Programmer,was introduced to the Council. III.CONSENT AGENDA -None ))» ^ ))fc If 4744 CITY COUNCIL MINUTES: 2 May 11,1993 IV.CONSIDERATION OF BIDS WELL 21 REHAB PROJECT Staff recommended that the bid for the rehabilitation of Well 21,including Alternate A,be awarded to Irrigator's, Inc. Action Taken:Mr.Biallas moved thatthe bid,including Alternate A,be awarded to Irrigator's Inc.,seconded by Mr.Collier,and passed unanimously. V.PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS COMMUNICATION -NO WAKE ZONE -LAGUNA SHORES AREA The residents of the Laguna Shores area requested that the city establish a no wake zone for the lagoon and the area of the lake adjacent to lots 10 to 19 of Lakeshore Estates and Westlake Shores Phase I.The no wake zone would prohibit boats and jet skis from being brought in from the main body of the lake and operated at speeds that cause erosion of the fragile shoreline,that disrupt waterfowl that inhabit and nest in this restricted area, and that disrupt aquatic plant growth in the shallow water. Larry Petersen,1009 Laguna,stated that the residents of the area have become concerned about the increase in boat traffic and the use of jet skis in the area. A no wake zone would prohibitthe speeding of boats and jet skis in the area which disrupts the wildlife and causes erosion of the shoreline. The Department of Wildlife supports this request for a no wake zone. There was some discussion and it was the consensus of the Council that a no wake zone should be established. Action Taken:Mr.Collier moved that staff be directed to draft an ordinance establishing a no wake zone in the Laguna area,seconded by Mr.Pearce, and passed unanimously. COMMUNICATION -MAINE WATER MAIN EXTENSION Larry Maine wished to discuss with Council the requirements of hooking to city water and constructing a water main through his property on Westshore Drive. Mr.Maine stated that the cost of constructing and hooking up to city water willcost him and his neighbor between $7,000 and $10,000.The requirement for a one year maintenance bond for 100% of the construction costs would also cost approximately the same amount. It was pointed out that a maintenance bond would cost less than 5% of the total cost of the project. Mr.Maine pointed out that it still adds to the cost and that his neighbors to the south did 7 lots for about $15,000.He felt the city was requiring two bonds for the same work. Mr.Rimple pointed out that two bonds are required -one for the construction phase and one for the one year maintenance period. Mr.Maine mentioned that the water line will be placed in the county,not in the city, and could not understand why he would be required to pay 2%%of the construction cost fora street obstruction permit. Gary Harer,Municipal Services Director,stated that the 2%%is for inspection fees which cover the cost of city staff making sure the project is builtto city standards. Mr.Maine wanted to know why a professional land surveyor was required to do the staking for the installationof a water line instead of allowing the contractor to do the staking. Mr.Harer stated thatthe city has had a number of problems inthe past with elevations and alignment when contractor's staked their own projects. Mr.Rimple stated that he did not feel the city should grant an exception to the community standards.f^^\ Mr.Biallas wantedto know if Mr.Maine was being requested to correcta problem that occurred4 years ago when the previous water line was installed. Mr.Harer stated thatthe existing line is within a foot or so ofthe location shown on the plans.He stated thatthe cityis changingits policies somewhat so thatdeveloper projects are more closelyinspected than they were 4 years ago. n n 4745 CITY COUNCIL MINUTES:3 May 11,1993 Gerry McFaul, City Engineer,stated that if someone other than a professional land surveyor is allowed to do the staking they can use equipment that is not registered or accurate and the person ends up 5' or 10' off and on someone else's property. There was some discussion by the Council but no action was taken. VI.ORDINANCES AND RESOLUTIONS ORDINANCE -GAMBLING TAX -2ND READING \^)Ordinances were presented which increase the gambling tax on punchboards and pulltabs from 3%to 5% on an increment basis. Bill Rigsby,Kelly'sTavern, feltthat this tax would burden only a few employers and fraternal organizations and will have an impact on the support given to the community by these employers and organizations. Billy Brice,Lake Bowl,stated that the punchboards and pulltabsprovided are inthe nature of a service to customers since if they can't gamble here people will go elsewhere. He stated that the increase in the gambling tax will decrease the amount of funds available to givebackto the community forvarious projects or sponsorships. He feltthat the way Moses Lake is growingthat funds will be available forcity projects without having to impose additional taxes on a few employers. Bill West, American Legion,stated that they have a membership of 400 and none of them are infavorofthis increased tax. Mr.Reese stated that when the tax was decreased it was done over a period of several years. He stated that he is still opposed to the tax but if the majority of the Council approves it he would like to see it increased in .5%increments and that each time it is increased an ordinance be voted upon. Mr.Biallas did not feel that the gambling operators contribute more to the community than other organiza tions and he pointed out that at the present time the Ripple Tavern is the only one sponsoring a team.He pointed out that this is a tax on gambling and no other business owners are allowed to have gambling on their premises.He mentioned that the youth and adults of the community need a place to play ball and there is not adequate space for them.He mentioned that he is not interested in ramping the tax down because the 5% is inthe best interests of the city as a whole. He mentioned that the money raised by this ii tax will be used to benefit the youth of the community for years to come. Mr.Reese pointed out that Moses Lake is doing well enough without imposing a tax on a select group of people. Mr.Biallas pointed out that the revenue raised by this tax will offset the decline in the city's income from investments. Mr.Jackson stated that he is in favor of ramping up the tax but that he would also request that on January 11,1994 this issue be again considered by the Council. Mr.Rigsby pointed out that itcosts $2,000 a year to sponsor a team. He pointed out that even though they arethe only onesto have gambling on their premises,they are also more strictlyregulated by the statethan other businesses.He requested that if the Council decides to impose the tax that it be done in .5% increments instead of all at one time. The ordinance amending Chapter 3.18 of the Moses Lake Municipal Code entitled "GamblingTax"was read by title only. Action Taken:Mr.Reese moved that the ordinance providing for an increase in the gambling tax to 3.5% on July 1, 1993 be adopted,seconded by Mr.Jackson,and failed with Mr.Jackson,Mr.Reese,and Mr. Rimple in favor. u The ordinance amending Chapter 3.18 of the Moses Lake Municipal Code entitled "GamblingTax"was read by title only. Action Taken:Mr.Jackson moved that the ordinance providing for an increase in the gambling tax to 5% by .5%increments over 4 years be adopted and the ordinance be amended to read July 1,1994 to 4.0%, July 1,1995 to 4.5%, and July 1,1995 to 5% and the ordinance be reviewed on January 11,1994,seconded by Mr.Rimple. Mrs.Brown moved that the motion be amended to provide that a .5%increase in the gambling tax would take place every 6 months starting in July 1993.Motion died for lack of a second. Mr.Biallas felt that the tax would not make itto 5% ifit is ramped up and the city needsthe ballfields at the present time,not 5 years from now. /JL/U Ml 46 CITY COUNCIL MINUTES:4 May 11,1993 Mr.Rimplestated thatthis Council does notdisagree veryoften butthis is one ofthem. He felt that ramping up the tax will provide funds for the needed improvements over the next four years. The tavern owners themselves requested that ifthe tax is passed that itbe done inincrements. He pointed out that the Council can amend this ordinance at any time after it is passed. The motion failed with Mr.Jackson,Mr.Reese,and Mr.Rimple In favor. VII.REQUESTS TO CALL FOR BIDS -None VIII.REFERRALS FROM COMMISSIONS WESTLAKE AREA IMPROVEMENT -BICYCLE/PEDESTRIAN PATHXJAPANESE GARDEN r\5^Rex Eades and Larry Godden made a presentation to the Park and Recreation Commission on theVdevelopmentandcontinuationofabicycle/pedestrian path into the Westlake area across I-90,past the Moses Lake State Park,acrossthe Mae Valley overpass,andontothe southsideof I-90.The project would then assist inthe development of a Japanese Gardenwhichwould be a positiveand attractive entrance into Moses Lake.The Commission requested the Council support this application for a grant from the Departmentof Transportation forthis project. Jerry McFaul statedthatthis grant would come from the Quad County Regional Transportation Planning Organization,which includes the counties of Kittitas,Grant,Lincoln,and Adams (RTPO).The RTPO selectedthis project as one to forward on to the DOT for consideration.He explained the project for the Council.If this project is funded, the state will provide $312,000 to the city for the construction of the bicycle routes and the city will have to pay the remaining $78,000. Larry Godden, Chairmanofthe Japanese GardenCommittee, stated that this projecthas been in the works for 4 years. He stated that they have applied for $16,000 from the state and the Japanese Garden Committee will donate $4,000. The funds would be used to study the concept of the bike paths, the arboretum, and the Japanese Garden. There are three phases to the project -the first is the engineering, designing and retrofitting of previously proposed architectural landscape design,the second is the engineering forthe arboretum and commencement of facilities development,and the third is the completion of the project and opening itto the public. The garden would be about 1%acres and be an integral part of the arboretum. Joseph K. Gavinski, City Manager,stated that they are requesting support for the submission of the grant application and the general approval of the project. Mr.Biallas wondered if a site along a busy interstate would be the proper place for a Japanese Garden, which is usually conceived as a quiet,serene setting. Mr.Godden stated that the arboretum around the garden would minimize the noise.Itis felt that this would still be a good area for the garden.Other factors also were taken into account such as parking, security, visibility,and access. Mr.Jackson pointed out that the city has no visitor information center except at the Chamber. This project could include a visitor information center,the arboretum,and the Japanese Garden at an easyaccess point to the city.The state likes to fund the construction of visitor information centers. n r^ l^f] Action Taken:Mr.Pearce moved that the city support the grant applications for bike paths and endorse the arboretum and Japanese Garden concept,seconded by Mr.Jackson,and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -ASSEMBLY OF GOD CHURCH Pastor Jesse Wilkinson of the Assembly of God Church at 431 E. Brown requested permission to build a newsanctuary on unplatted propertythat is adjacent to the existing sanctuary and described as Tax #7640. At the present time the property is a gravel parking lot.The northerly 230' of the alley on the east side of the Assembly of God Addition was vacated on July 18,1978,except that the city retained a 10'easement for the repair and maintenance of existing utilities.However,there are no water or sanitary sewer lines in this alley. The City of Moses Lake owns Tax #8525 which abuts Tax #7640 and is a graveled access between Balsam Street and the alley parallel to and between Jefferson Street and Balsam Street,in West f^\ View Tracts. The site plan that was submitted with the Assembly of God Church's application for a conditional use permit covers Tax #7640,Tax #8783,and Lots 22 and 23 of West View Tracts.The proposed construction would encroach on the city's 10'easement inthe vacated alley,the city-owned Tax #8783, and a portion of the alley not vacated. The Planning Commission recommended that the request to build on unplatted property be denied. Gary Harer,Municipal Services Director,stated that there are many problemswiththis piece of property which platting could address. Dwayne Mcintosh, representingthe Assembly of God Church, explainedthe project forthe Council. u u W7 CITYCOUNCIL MINUTES:5 May 11, 1993 Mr.Rimplestated that the Council and Planning Commission have had joint study sessions on when and why to plat. The city is having problems defining lot lines when building is allowed to take place on unplatted property. Action Taken:Mr.Collier moved that the request to build on unplatted property be denied,seconded by Mr.Pearce, and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -KASTANIS I Dean and Florene Kastanis,418 E.Sharon Avenue,have requested permission to build a34'by24'storage V^building on Tax #7672 which abuts the rear lot lines of Lots 2,3,and 4 of Montlake East No.1.The Kastanis'home is on Lot3.Accessto the storage building would be from Skyline Driveon a gravel walkway between Lots 8 and 9 of Horizon Acres,then eastthrough a 15'wide right-of-way described as Tax #1190, then south along the west lot line of Tax #3788,then southwest through Tax #7672.According to the Horizon Acres Plat,the gravel driveway between Lots 8 and 9 was dedicated for public use as a 10'wide walkway. Ifthe accessas proposed is denied,Mr.Kastanis proposesto accessthe storage building through Lot 3 of Montlake East No. 1. On July 1,1975,the City Council approved Pete Erickson's request to build a structure on this unplatted property with the stipulations that only one building or structure be permitted in the south 80' of the parcel and that the building or structure be used for a private storage garage.Mr. Kastanis proposes to build another storage building within the south 80' of Tax #7672.The Planning Commission recommended that the request to build on unplatted property be denied since there is no legal access to this property and a previous request was approved for one building only. Mr.Kastanis stated that he would like to build a storage shed to house his boat,recreational vehicle,and car on Tax #7672.He pointed out that the homes on Tax #2075,#1850, #1934,and #2016 were built when the town was called Neppel and he did not feel there would be any building in this area for years. Mr.Rimple wanted to know ifthere is any legal access to Tax #7672. Gary Harer,Municipal Services Director,stated that staff could find nothing in the records which shows a legal access to Tax #7672. Mr.Rimple wanted to know how access could be provided from Sharon Avenue. Mr.Kastanis stated there is sufficient room to provide access on the east side of Lot 3. It was pointed out that the property owners may have a prescriptive right to the access they have been using for more than 10 years but it is not a dedicated street. Mr.Kastanis felt that if those people have the right to use the access he should have that right also.He did not feel that platting the property would serve any purpose. Mr.Biallasfeltthat other property owners in the area may wish to build on unplatted property if permission is granted in this case. Action Taken:Mr.Jackson moved that the request to build on unplatted property be denied,seconded by Mr.Biallas, and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION -None X.COUNCIL QUESTIONS AND COMMENTS STREETS -MAINTENANCE Mr.Jackson wanted to know what the city was doing about the pothole on Division. Gary Harer,Municipal Services Director,stated that the Street Department should get to it some time next week. Mr.Rimplefelt staff should put up cones or barricadesaround itas itis getting bigger and deeper all the time. Mr. Harer stated that barricades or cones would be erected until it can be repaired. PARK AND RECREATION COMMISSION Greg Hill was appointed tothe position on the Park and Recreation Commission.JO 7'/ TOURISM COMMISSION Mr.Rimple statedthatthere is still an openingon the Tourism Commission and interested people should contact city hall. /tit,'/) /o/f 4748 CITY COUNCIL MINUTES:6 XI.CITY MANAGER REPORTS AND COMMENTS -None May 11,1993 The regular meeting was recessed at 9:30 p.m.and the Council met in an executive session to discuss litigation.The executive session was adjourned at 10:00 p.m.and the regular meeting was reconvened. The regular meeting was adjourned at 10:00 p.m. ATTEST: &JUJL Finance Director ~ " "