1980 11 253060
CITY OF MOSES LAKE
MOSES LAKE,WASHINGTON
CITY COUNCIL MEETING - REGULAR MEETING November 25,1980
POLICE/COUNCIL FACILITY 8 p.m.
Members Present:Barry Ziegler,Bob Hill,Charles Edwards,Steve Shinn,Harvey
Vernier, Don Swanson, and Norm Johnson
The meeting was called to order at 8 p.m.by Mayor Robert Hill.
Mr.Shinn stated that he had abstained from voting for that portion of the bills to
Shinn Irrigation on the disaster warrants at the meeting of November 10 and would
like the minutes to be changed to reflect that.
Mr.Edwards moved that the minutes of the meeting of November 10 be approved as
corrected,seconded by Mr.Ziegler,and passed unanimously.
Mr.Edwards moved that the minutes of the meeting of November 19 be approved as
submitted,seconded by Mr.Johnson,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL $11,863.08
STREET 412,59
ARTERIAL STREET 4,375.30
STREET REPAIR &RECONSTRUCTION 5,365.00
BLOCK GRANT 178,030.20
UNEMPLOYMENT COMPENSATION INSURANCE 152.96
FEDERAL SHARED REVENUE 286.85
WATER/SEWER 6,893.93
SANITATION
WATER/SEWER CONSTRUCTII
EQUIPMENT RENTAL
FIREMEN'S PENSION
4.70
12,863.00
11,874.80
153.40
LID #43 106.26
LID #44
LID #45
LID #46
LID #47
103.04
115.92
115.92
106.26
LID #48 109.48
TOTAL $232,932.69
Mr.Ziegler moved that the bills be approved as submitted,seconded by Mr.Edwards,
and passed with Mr.Shinn abstaining from voting for that portion of the bills to
the Nikkei Saver.Warrants in the amount of $232,932.69 were approved for payment.
I.CITIZEN INPUT
TAXICAB ORDINANCE
Mr.Ray Flagg stated that he had missed the meeting when the Taxicab ordinance was
passed and he was concerned about the fee structure.Joseph K.Gavinski,City
Manager,stated that he had discussed this with Mr.Flagg and he is essentially
objecting to the fee structure on the taxicabs themselves.
Mr.Hill requested that this be brought back before the Council at the meeting on
December 9,1980.
II.CONSENT AGENDA
Mr.Johnson moved that the following items on the Consent Agenda be approved:
1.Resolution -set public hearing -final assessment -LID 46
2.Resolution -set public hearing -final assessment -LID 47/^7
3.Resolution -set public hearing -final assessment -LID 44
4.Resolution -set public hearing -final assessment -LID 45
seconded by Mr.Swanson,and passed unanimously.
3061
CITY COUNCIL MINUTES:2 November 25, 1980
III.CONSIDERATION OF BIDS
BLOCK GRANT HOUSING
A letter was read from Dean Hagerty,Chairman of the Citizens Advisory Committee of
the Community Development Block Grant,that recommended that Fred &Bob's Construc
tion be awarded the bid on Job 018-T for $6,918.45,and New Life Construction be
awarded the bid on Job 035-V for $4,902.45.
Mr.Edwards moved that the bids be awarded, seconded by Mr.Ziegler,and passed
unanimously.
IV. PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
None
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -AMENDING CHAPTER 8.08 -SANITARY SERVICE - 2ND READING
A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi
nance passing through the utility tax charged customers for garbage service.
The ordinance relating to collection of sanitary service revenues amending Moses
Lake Municipal Code Section 8.08.130 and adding a new Section 8.08.135 to'the Moses
Lake Municipal Code was read by title only.
Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by
Mr.Johnson,and passed unanimously.
ORDINANCE -REZONE REQUEST -PAMP MAIERS - 1ST READING
A letter was read from Shirley Kvamme,Chairman of the Planning Commission,which
presented an ordinance rezoning property located at the southwest corner of the
intersection of Clover Drive Extended and Kittelson Road from its existing Agricul
ture zone to C-2,Limited Commercial.
The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal
Code entitled Zoning was read by title only.
Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by
Mr.Swanson,and passed with Mr.Vernier abstaining.
VI.REQUESTS TO CALL FOR BIDS
BLOCK GRANT HOUSING
A letter was read from Dean Hagerty,Chairman of the Community Development Block
Grant Citizens Advisory Committee,which recommended that staff be authorized to
call for bids on Jobs 033-VU,036-VT,and 028-TT.
Mr.Shinn moved that staff be authorized to call for bids,seconded by Mr.Edwards,
and passed unanimously.
VII.REFERRALS FROM COMMISSIONS
COMPREHENSIVE PLAN LAND USE MAPS
A letter was read from Shirley Kvamme,Planning Commission Chairman,which requested
a study session on the Comprehensive Plan Land Use Maps.These maps include the
land use map,the circulation map,and the utilities map.
A study session was set for January 6 at 8 p.m.in the Council Chambers.
;
3062
CITY COUNCIL MINUTES:3 November 25,1980
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
ACCEPTANCE OF WORK -PENINSULA DRIVE ,„IQ
A letter was read from Robert Townsend,Public Works Director,which recommended
that the work be accepted on the Peninsula Drive Reconstruction project and the 30-
day lien period be entered into.
Mr.Ziegler moved that it be brought off the table,seconded by Mr.Johnson,and
passed unanimously.
Mr.Edwards moved that the work be accepted and the 30-day lien period entered
into,seconded by Mr.Shinn,and passed unanimously.
MONTLAKE EAST ADDITION #6 -BOND EXTENSION „,
A letter was read from Rita Perstac,Community Development Director,which presented
a request from United Builders of Washington for an extension on their bond to May
1,1981.A one-year extension was granted by Council on January 8,1980.The
letter of credit expires on January 10,1981.The Subdivision Code states that a
one time extension of the two year time limit can be granted.This can mean a
combination of extensions equalling not more than two years or only one extension
no matter how long not exceeding the two year time limit.
Mr.Johnson moved that the extension be granted,seconded by Mr.Swanson.
Mr.Shinn stated that he had problems with a developer leaving part of the work
undone for two to three years and covering it with a bond or letter of credit and
in this case they have already asked for one extension.
The motion passed with Mr.Shinn opposed.
IX.COUNCIL QUESTIONS AND COMMENTS
PROCLAMATION -CAP WEEK
Mr.Hill stated that they had received a letter requesting that the city sign a /^-?
proclamation declaring a Civil Air Patrol week.Mr.Hill requested authorization
to sign the proclamation.
Mr.Ziegler moved that the Mayor be authorized to sign the proclamation,seconded
by Mr.Vernier,and passed unanimously.
ECONOMIC DEVELOPMENT DISTRICT
Mr.Shinn stated that the Conference of Governments is a clearing house for A-95
grants,interested in the inter-relationship among Lincoln,Grant,and Adams County's,
and they are into planning and giving aid to cities on the impacts of big projects
in their areas.LEAA is also part of the COG.
Mr.Shinn stated that the Economic Development District is forming as of August 1
of 1980 and will be taking over the work of the Council of Governments.The Direc
tor of the Council of Governments is also the Director of the Economic Development
District.
Mr.Shinn stated that a resolution is needed in order for the Council representative
to be a voting member of this board.
Mr.Ziegler stated that a whole new layer of government is being created apparantly
above the county and city level and below the state and federal level.The guide
lines laid down specifically create a level of government that is not elected and
only a certain segment of the population can be apointed to help run this office.
Mr.Shinn stated that there are 21 members on the board and 16 of those are elected
and the other 5 are either low income and/or minority.
3065
CITY COUNCIL MINUTES:November 25,1980
$
Ji
xiP-
X.CITY MANAGER REPORTS AND COMMENTS
Cf FIRE DEPARTMENT -PURCHASE OF ITEMS
Joseph K.Gavinski,City Manager,stated that the range,dishwasher,and cover for
the pool table have been purchased for the Fire Department as directed by the
Council.The total cost of these items will be $1,125 and will be taken out of the
Miscellaneous Services Account.This was Council's wishes based on the work the
Fire Department did in renovating the old Police Station.
VOLCANIC DISASTER RELIEF/DISASTER ACCOUNT
Joseph K.Gavinski,City Manager,stated the city has incurred approximately $1,265,670
in costs and a payroll cost of $44,000.We have received from the federal govern
ment approximately $866,000.He stated that the city could potentially recieve
another $218,000.
He stated that the city is through with the budget process at this time and will be
completing the actual audit forms to see how much money the city has actually spent
and how much will be reimburseable.We actually have the $1,265,670 expenditure but
the city must determine what will be reimburseable.That excludes the clean-up of
the ash disposal sites but the city should recieve word on that soon.The report
on this indicates another expenditure of $445,000 and 75%reimbursement would be
approximately $341,000.
Mr.Gavinski stated that he had received a call on the clean-up of the storm sewers
and the city should be receiving that money in the near future.The city also
received a check for $200,000.
UTILITY TAX - LARSON HOUSING AREA
Joseph K.Gavinski,City Manager,stated that the Housing Authority has stated they
are not going to pay the tax at this point but they wish to speak to City Council
concerning it.They stated they paid the utility tax in other jurisdictions but
feel they are paying more than their share presently for the plant and system in
the Larson area so they do not feel they should have to pay the tax and they are
relying specifically on a statute that says they are exempt.
James Whitaker,City Attorney,stated that it is his opinion that the Housing
Authority was in error because the statute provides that a Housing Authority is a
public entity for public good.The statute states that they are exempt from any
taxes levied by any political subdivision or the State of Washington.The problem
is that the tax is upon the city enterprise of the water and sewer department.The
tax is not upon the user but is a cost of the service.He stated that it is his
opinion that the city is not imposing a tax on the Housing Authority.
It was the consensus of the Council that the 8%tax be collected.
PAYMENT OF WATER BILLS
Joseph K.Gavinski,City Manager,stated that since the passage of the recent
ordinance on utility bills,the city has taken a \zery agressive approach to collec
ting the water and sewer bills.He stated that it is expensive to crank out delin
quent notices in terms of paper,computer time,and personnel and,in the past,we
have had people who are consistently delinquent and we are trying to eliminate some
of this problem.
Mr.Edwards suggested that those people who are delinquent should be informed of
the cost of the turn-on as it might encourage them to pay the bill before the water
is shut off.
\
n
u
3064
CITY COUNCIL MINUTES:5 November 25,1980
VESTA DEVELOPMENT -PERFORMANCE BOND
Joseph K.Gavinski,City Manager,stated that the City Council had granted an
extension to Vesta Development for the improvements in Sage Heights Division No.
1 of 4 months.The city contacted the bonding company to let them know that the
improvements were not installed.The city requested the funds from the bonding
company to install the improvements.The bonding company is choosing to ignore our
request claiming that they have had a conversation with Vesta Development and they
state they are going to put the developments in in the spring.
Mr.Gavinski stated that he has contacted the bonding company and so has James
Whitaker,City Attorney,and Bob Kimball,Building Official,and they continually
ask for an extension of time and we tell them the city cannot extend the time
administratively.
Mr.Gavinski stated that the city can either ignore the situation or pursue payment
on the bond by proceeding to litigation.
Mr.Whitaker stated that if the Council decides not to proceed with litigation the
Council is,in essence,granting them an extension and there is a serious question
of whether or not the Council is up-holding its obligation under the platting
ordinance to proceed in the public interest to have these improvements completed or
the money for them collected.
Mr.Whitaker stated that another ramification is that if the bonding company knows
that just because it is winter time and you cannot pour concrete or lay asphalt
that they do not have to honor their obligation on a bond they are basically taking
control of the plat fulfillment requirement out of the Council's hands.
Mr.Shinn felt that the city should proceed with collecting the bond.
Mr. Gavinski stated that he would recommend that bonds from United Pacific not be
accepted if it is going to cause the city this sort of problem.
It was the consensus of the Council that the city pursue collection of the bond and
review very closely the current bonds the city has from this company and refuse any
new bonds from this company.
BUSINESS LICENSES
Joseph K.Gavinski,City Manager,stated that a suggestion was made to raise the
license fee from $35 to something else.
/A?&>
/Obj
Mr.Edwards stated that he would like to see the business license fee raised with a
possibility of an escalating fee structure based on manhours of employment by the
business as recorded in the third quarter to the state.
There was some discussion by the Council and it was decided to consider this at a
later date.
EQUIPMENT
Joseph K.Gavinski,City Manager,stated that during budget study sessions the
Council discussed the purchase of a new front-end loader.The Public Works Depart
ment has been looking for a used loader and have located one in Spokane which is a
pretty good buy.
Bill Newell,Public Works Superintendent,stated that it is a Case W-18 Loader with
8Jg months of factory warranty left and 80%on the tires with a number of additional
options such as deluxe cab,traffic alarm system,etc.
There was some discussion by the Council on the necessary specifications and it was
requested that local service be specified.
Mr.Edwards moved that the staff be authorized to call for bids,seconded by Mr.
Swanson,and passed with Mr.Ziegler and Mr.Shinn opposed.
The meeting was adjourned at 9:20 p.m.
ATTEST:
AcWng City Clerk
^Ca-
Robert E.Hil'l,Mayor