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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