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1993 04 134732 MOSES LAKE CITY COUNCIL April 13,1993 Council Present: Wayne Rimple,JoAn Brown,Dick Collier,Bill Reese,Daryl Jackson,Richard Pearce, and Roger Biallas MINUTES:Mr.Biallas moved that the minutes of the March 23 meeting be approved as submitted, seconded by Mr.Collier,and passed unanimously. APPROVAL OF BILLS.CHECKS,AND PREPAID CLAIMS 'ActionTaken:Mr.Reese moved that the bills,checks,and prepaid claims issued be approved,seconded \^J by Mr.Reese,and passed with Mrs.Brown abstaining from voting on that portion of the bills to Faber Industrial Supply and Moses Lake Steel Supply. 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 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 ofApril 13,1993 for the funds listed below are approved inthe amount of $358,246.20. GENERAL FUND STREET STREET REPR/RECON EQUIPMENT LEASES STREET IMPROVEMENT PARK &REC.IMPROVE WATER/SEWER FUND WATER/SEWER CONSTRUCTION Prepaid Claims:Prepaid claims approved by the City Manager according to the process established by Moses Lake MunicipalCode3.42.030 and the internal control policy approved by the CityCouncil have been recorded on a listing which has been made available to the City Council. The claims listed below are ap proved in the amount of $827,651.69 for all funds. GENERAL $6,938.38 CENTRAL SERVICES 71.26 (J WATER/SEWER FUND 10,384.00 EQUIP RENTAL-OPERATIONS 800,848.00 WATER/SEWER CONSTRUCTION 8,191.25 BUILD MAINT-OPERATIONS 1,218.80 TOTAL $827,651.69 Checks:Checks 36892 through 37159 issued on March 24,1993 were approved for payment at the Council meeting held on April 13, 1993 in the total amount of $860,005.90. Payroll: The payroll issued on March 26, 1993 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 78095 through 78250 in the amount of $211,258.51. Payroll: The payroll issued on March 31, 1993 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 78251 through 78266 in the amount of $8,476.86. Payroll:The payroll issued on April 9,1993 having been approved pursuant to the ruleofthe CityCouncil set forth in Moses Lake Municipal Code 3.42.040,was paid by checks 78267through 78413inthe amount of $171,247.16. I.CITIZEN INPUT -None II.EMPLOYEE PRESENTATIONS Police Department:Sgt.Dennis Duke was presented with a certificate for completing a course in Financial /O/A Asset Removal. Sgt. Duke will now be able to use the correct state and federal laws to convert assets seized in drug arrests.Hank Pahlitzsch,Dispatcher,was presented with a certificate for completing training and testing in ACCESS/WACIC. III.CONSENT AGENDA Ambulance Agreement:Ratification was requested ofthe City Manager's signature onthe new ambulance //JJ agreement with Samaritan Hospital. Traffic Safety Grant:Authorization was requested to apply for atraffic safety grant for the purchase of radar //7f equipment and portable breath testers. u $40,831.71 WATER/SEWER LEASES 26.03 30,109.33 SANITATION FUND 58,488.86 2,655.60 SELF-INSURANCE 36,538.02 257.82 CENTRAL SERVICES 7,907.70 18,770.04 EQUIP RENTAL-OPERATIONS 22,365.22 28,124.09 BUILD MAINT-OPERATIONS 62,951.72 14,623.30 FIREMEN'S PENSION 13.60 34,583.16 TOTAL $358,246.20 4733 CITY COUNCIL MINUTES: 2 April 13,1993 }[\Q2 Spring Clean-Up:Spring Clean-Up dates for 1993 are April 24 and 25 and May 1and 2.Lakeside Disposal 'u will pick up Monday,Tuesday,and Friday routes on April 24 and 25 and Wednesday and Thursday routes on May 1 and 2. )0*/b on &'S> Ioof \A )0l 0 Resolution -Accept Donation: A resolution was presented which accepts a donation of a cell phone from Cellular One to the Police Department Action Taken: Mrs. Brown moved that the Consent Agenda be approved,seconded by Mr.Pearce, and passed unanimously. IV.CONSIDERATION OF BIDS VEHICLES Staff recommended that the bid for the 1/2 ton pickup and 3/4ton cab and chassis be awarded to the state bid. Action Taken:Mr.Pearce moved that thevehicles be purchased from the state bid,seconded by Mr.Collier, and passed unanimously. V.PETITIONS.COMMUNICATIONS,OR PUBUC HEARINGS COMMUNICATION -GRANT COUNTY COMMISSIONERS -PTBA The county must raise $5,000 in order to match a $20,000 state grant for the Public Transportation Benefit Area.The PTBA recommended that each city and the county pay 9.1%based upon the 1990 census population. Mrs. Brown stated that the City of Moses Lake's portion would be $500.She pointed out that Mrs.Perez will be secretary to the PTBA and funds will also be needed to advertise for a consultant. Action Taken: Mrs. Brown moved that the City of Moses Lake participate financially, in the amount of $500, in the required matching funds for a state grant for the PTBA,seconded by Mr.Jackson,and passed unanimously. Action Taken:Mrs. Brown moved that the City of Moses Lake cover personnel costs for Margaret Perez to be secretary to the PTBA, and coverthe cost of advertising for the consultant,seconded by Mr.Pearce, and passed unanimously. COMMUNICATION -MCCOSH PARK Jerry Law requested permission to hold a 30 year class reunion picnic in McCosh Park and to serve alcoholic beverages.The picnic would be held on August 6, 1993 from 4 p.m.to 9 p.m. in the southwest corner of the park behind the tennis courts. Action Taken:Mr.Reese moved that permission be granted for the picnic and the serving of alcoholic beverages provideda permitisobtained fromthe Washington State Liquor Control Board,seconded by Mr. Collier, and passed unanimously. COMMUNICATION -MAIERS DEVELOPMENT -ROAD EXTENSION Columbia Northwest Engineering,on behalfofadeveloper,has requested permissionto constructa portion of Kittleson Road and Maiers Road priorto plattingof the property. There was some discussion by the Council and concern was expressed over the possibility of requests being receivedto build on unplatted propertysince all services would be in.It was determined that platting would be required priorto occupancy of any building. ActionTaken:Mr Pearcemoved thatthe requestto construct Maiers and Kittleson Roads be granted with the stipulation that platting will be required prior to building,seconded by Mr.Jackson, and passed unani mously.f^\ VI.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 1993 BUDGET -2ND READING An ordinance was presented which amendsthe 1993 budgetto provide for the salaries and fringe benefits awarded to the firefighters by the arbitrator. The ordinance amending the 1993 budget for the City of Moses Lake,Washington,was read by title only. r> r^ 4734 CITY COUNCIL MINUTES: 3 April 13, 1993 Action Taken:Mr.Collier 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 -WATER/SEWER RATES -1ST READING An ordinance was presented which increases the water and sewer rates for the city.'®'^~ The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Waterand Sewer Rates" was read by title only. \_J Joseph K.Gavinski,City Manager,recommended that the ordinance become effective with billings after June 1,1993. Action Taken:Mr.Biallas moved that the first reading of the ordinance be adopted with the stipulation that the ordinance become effective with billings after June 1, 1993,seconded by Mr.Reese,and passed unanimously. ORDINANCE -PARENTAL RESPONSIBILITY FOR JUVENILES -1ST READING Anordinancewas presented which makes parentsresponsiblefortheirchildren being out onthe streets late at night. The ordinance creating a newChapter8.44 of the Moses Lake Municipal Code entitled "Parental Responsibil ity for Juveniles"was read by title only. After some discussion itwas the consensus of Council that a second offense would be a C-7 penalty ($100), a third offense would be a C-4 penalty ($250), and a fourth offense would be a C-1 penalty ($500). Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted and the penalties be set as C-7,C-4,and C-1,seconded by Mr.Jackson,and passed unanimously. VII.REQUESTS TO CALL FOR BIDS WELL #21 [^y Staff requested authorization tocall for bids for the rehabilitation of Well 21.This rehabilitation will include sealing off the TCE contaminated water. Action Taken:Mr.Biallas moved that staff be authorized to call for bids,seconded by Mr.Pearce, and passed unanimously. VIII.REFERRALS FROM COMMISSIONS REPLAT OF SHAKER'S FIRST SHORT PLAT -VARIANCE Western Pacific Engineering has submitted a subdivisionvariancerequest for a four (4)lot short platoffof Nelson Road adjacent to Garden Heights Elementary School. The area is zoned R-3,Multi Family Residential and would be served with city water and sanitary sewer. New street,utility,and storm water control infrastructure,constructed to city standards,will be required to serve the proposed subdivision. The proponent is requesting subdivision variances to allow the following: 1.A reduction fromthe sixty (60)foot right-of-way requirement,Section 17.28.030(A),to a fifty (50)foot right-of-way. 2. A reduction from the eighty (80)foot cul-de-sac diameter requirement,Section 17.28.030 (B), to a seventy (70) foot cul-de-sac diameter. //53 ///£? //*<? u The Planning Commission recommended that the variances be granted. Action Taken:Mr.Jackson moved that the variances be granted,seconded by Mr.Pearce, and passed unanimously. IX.OTHER ITEMS FOR COUNCIL CONSIDERATION ORDINANCE -GAMBLING TAX -1ST READING An ordinance was presented which increases the gambling tax on punchboards and pulltabs from 3% to 5%. \oi 4735 CITY COUNCIL MINUTES:4 April 13, 1993 Bill Rigsby,Kelly's Tavern,stated that taverns are already very regulated and also generate a great deal of revenue for the city. He stated that the tavern owners also donate to many civic projects. He pointed out that this tax is imposed on only a few businesses in the city and that the state average is 2.9% for the gambling tax. Mr.Reese did not feel the tax is a fair tax since it is on gross earnings instead of net. He pointed out that raising the tax from 3%to 5%would be a 40%increase.It has been discussed that the additional funds could be used to pay for additional parks and playfields and he felt they could be constructed under the current tax structure. Mr.Biallaspointed out that punchboards and pulltabs are used as a stimulant to induce people to come to a business and to stay longer and partake of the primary business services which would be food and beverage.Taxes on gambling is an opportunity forcities to raise funds to provide a better quality of lifefor itscitizens. He felt that by increasingthe number of parksand playfields inthe cityitwill bringmore people intothe city and will increase revenue fromthe sales tax, gas tax, hotel/motel tax, liquortax, and gambling tax.The Park and Recreation Department has recommended thatan additional 10.7 fields would be needed to meet the needs of the city. In order to keep faith with the general population of Moses Lake, it is necessary to provide for these needs. Mr.Pearce pointed out that no one likes taxes but municipalities liveand die by taxes.He mentioned that the gambling activity in Moses Lake grosses over $3,000,000 a yearand that amount is divided between 12 to 15 businesses and that activity is a side issue to the main business.He felt that cities need to look at all ways to raise funds. The ordinance amending Chapter 3.18 of the Moses Lake Municipal Code entitled "GamblingTax"was read by title only. Action Taken:Mr.Biallas moved that the first reading of the ordinance be adopted,seconded by Mr. Pearce,and passed with Mr.Jackson,Mr.Reese,and Mr.Rimple opposed. 7 COPY MACHINE PURCHASE Staff requested authorization to purchase a Canon MP9800 through a local vendor from a GSA contract. Action Taken:Mr.Jackson moved that staff be authorized to purchase the copy machine,seconded by Mrs. Brown, and passed unanimously. 11(*<*WATER SERVICE -AIRWAY DRIVE The city has received a request to extend water service to serve Lots 7 to 13 in the Cochran Plateau Plat located on Airway Drive.City water has already been extended to the end of Lot 6. The property owners would be required to sign Extraterritorial Utility Agreements. Jim Anderson,4866 Airway Drive,pointed out that city water is already in existence at the north corner of Lot 7.The lots are currently being served by the Skyline Water Co. from a well contaminated with TCE. Vickie Olson,4820 Airway,stated that they are also interested in getting city water. Jeff Block, 4800 Airway,stated that he is in favor of the request. Mr.Rimple reminded the property owners that an annexation agreement would be required. Mr. Biallas wanted to know how close city sewer was to the lots. Gary Harer,Municipal Services Director,stated that sewer is available at the Airway Deli. Mr.Anderson stated that at the present time there is no interest in being hooked to city sewer. Action Taken:Mr.Colliermoved that staff proceed with the extension of water service to the requested lots, seconded by Mrs.Brown,and passed unanimously. Action Taken:Mr.Biallas moved that staff develop language to insert into annexation and extraterritorial agreements to require bringing all infrastructure to city standards,seconded by Mr.Pearce, and passed unanimously. LAKESHORE DRIVE SPEED UMIT The city has received a request to reduce the speed limiton Lakeshore Driveto 25 mph between Wanapum and Pommer.Inthe past several years a number of residences have been builtinthis area and pedestrian traffic has increased. \\1 n n n u u 4736 CITYCOUNCIL MINUTES:5 April 13, 1993 Joe Schwab stated that he talked to his neighbors and they are allin favor of the lowered speed limit. Joseph K.Gavinski, City Manager,suggested that allthe speed limitson Lakeshore be changed to 25 mph. Itwas the consensus of Council that the speed limit be changed to 25 mph for the entire Peninsula area. REQUEST TO USE CITY RIGHT-OF-WAY -UPS UPS is requesting the use of city right-of-way at 102 and 821 W.Broadway in order to install"Next Day Air Letter Centers". Joseph K.Gavinski,City Manager,stated that other mailcarriershave not requested permission to be placed on city right-of-way and staff will look into the legalities of the matter. Mr.Biallas objected to the placement of these boxes on sidewalks. He felt they were an obstruction and were not really needed.He felt they should all be removed from city property immediately. Mr.Jackson felt that the service is needed but perhaps they could be placed on private property. The consensus of Council was that they should not be placed on the sidewalk but there would be no objection if they were placed on private property. Action Taken:Mr.Pearce moved that the request to use city right-of-way be denied,seconded by Mr. Biallas, and passed with Mr.Reese and Mr.Jackson opposed. X.COUNCIL QUESTIONS AND COMMENTS -None XI.CITY MANAGER REPORTS AND COMMENTS SALES TAX/TRANSIENT RENTAL INCOME The city received $163,492.54 from sales tax on March 31,1993 for January 1993 receipts.//0/C The city also received $5,903.52 from transient rental income on March 31,1993 for January 1993 receipts.//S/m $ INVESTMENT REPORT The city received $22,041.85 from investments in March 1993./OOS BUDGET/REVENUE QUARTERLY REPORT /6/0 Joseph K.Gavinski,City Manager,distributed the budget and revenue quarterlyreportto the Council ARTICLE/TOURISM Joseph K.Gavinski,CityManager,distributed a magazinearticle whichdepicts Moses Lakeas a good place '/ to live and one which stated that the Basin is booming. NEEDS ASSESSMENT -GRANT COUNTY EDC Joseph K.Gavinski,City Manager,presented a report from the Grant County Economic Development Council concerning the Delivery of Goods and Services Needs Assessment Study. PLANNING SUMMIT -GRANT COUNTY EDC The GrantCounty Economic Development Councilis proposing a meeting of officialsfromcitiesand towns, Grant County, port districts, etc. to discuss the capacity/infrastructure needs of the region. The meeting is scheduled for April 28 at 8:30 a.m. inthe Grant County PUD Auditorium in Ephrata. PAVERS -KENTUCKY FRIED CHICKEN x--'Joseph K.Gavinski,City Manager,stated that the additionto the Kentucky Fried Chicken place involves replacement of sidewalk which will require pavers. The request is for the city to participate in the cost of the pavers as it did in the downtown area. He recommended that since no other paver projects are contemplated forthis year, that ifthe Council is in favor of the request forthe city to participate inthe cost of the pavers, that the city reimburse Kentucky Fried Chicken for its share of the cost. Itwas the consensus of the Councilthat since this area is withinthe downtown paver project area,that the city participate in the cost of the pavers. /cv jQiP 4737 CITY COUNCIL MINUTES:6 April 13, 1993 Action Taken:Mr.Pearce moved that the city participatein the cost of replacing sidewalk with pavers for the property owned by Kentucky Fried Chicken from Chestnut to Pioneer including trees, conduit, etc., seconded by Mrs. Brown,and passed unanimously. The regular meeting was recessed at 9:45 p.m. and the Council met in an executive session to discuss a pawnbroker's license. The executive session was adjourned at 10 p.m. and the regular meeting was reconvened. PAWNBROKER'S LICENSE -TOLDI The CityCouncil unanimouslydetermined inexecutive session, forreasons discussed, thatthe citywill not grant a pawnbroker's license to Eva Toldi. The regular meeting was adjourned at 10:05 p.m. ATTEST: ](dtuj ^fL Finance Director n n n