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1981 03 243114 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING March 24,1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Bob Hill,Charles Edwards,Steve Shinn,Harvey Vernier,Norm Johnson,Don Swanson,and Barry Ziegler The meeting was called to order at 8 p.m.by Mayor Robert Hill. Mr.Edwards moved that the minutes of the meeting of March 10 be approved as submitted,seconded by Mr.Johnson,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $37,345.84 STREET 6,882.86 BLOCK GRANT 58,242.02 PARK AND REC RESERVE 67.73 WATER/SEWER 16,705.66 SANITATION 563.64 WATER/SEWER CONSTRUCTION 39,999.56 EQUIPMENT RENTAL 14,813.17 FIREMENS PENSION 746.50 TOTAL $176,361.98 Mr.Swanson moved that the bills be approved as submitted,seconded by Mr.Shinn, and passed unanimously.Warrants in the amount of $176,361.98 were approved for payment. RESOLUTION -COMMEND BASKETBALL CHIEFS The resolution extending recognition,appreciation,and a commendation to Coach Wayne Gilman and the Moses Lake High School Basketball Chiefs was read in its entirety. Mr.Ziegler moved that the resolution be adopted,seconded by Mr.Johnson,and passed unanimously. The Mayor presented Mr.Gil man with copies of the resolution for each of the Basketball Chiefs. II.CONSENT AGENDA Mr.Hill moved that the following items on the Consent Agenda be approved: 1.Accept Work -Underground Improvements -1981 HUD Street Construction //0>O- seconded by Mr.Johnson,and passed unanimously. III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -RESOLUTION -JAPANESE AMERICAN CITIZENS LEAGUE A letter was read from Edward M.Yamamoto,member of the Japanese American Citizens League,which stated that the Japanese American Citizens League endorses two bills before the United States Congress which would establish the Presidential Commission whose task it will be to conduct an official investigation of the removal and incarceration of American citizens of Japanese ancestry during the Second World War.He is requesting support of the Council for these two bills. /O/l 3115 CITY COUNCIL MINUTES:2 March 24,1981 Abetter was read from Paul Hirai,President of the Basin Japanese American Asso ciation,which stated that it was the consensus of the group that the basin Japanese participate on an individual basis concerning the Redress/Reparation Program. The resolution supporting the inquiry into the interment of Japanese Americans during World War II was read by title only. Mr.Johnson moved that the resolution be adopted,seconded by Mr.Vernier. Mr.Hill felt that action on this should be on an individual basis. Mr.Ziegler stated that it is customary in a war for a nation to inter nationals, whether_residents or non-residents,for the duration of the war effort and he would not be in favor of a resolution that questioned the government's interring non- citizens who were citizens of an enemy nation at the time of war.He would like to see that particular portion stricken from the resolution. Mr;Yamamoto stated that according to the laws of the United States no people of oriental extraction were allowed to become American citizens until 1952. Mr.Edwards stated that he is in support of the efforts by the Japanese to receive some redress.He wondered if it was a matter for a City Council to act on.He stated that he would sign as an individual but not as a Councilman. Mr.Swanson and Mr.Shinn stated that they are in agreement with Mr.Edwards. The motion failed with Mr.Vernier and Mr.Johnson in favor. iD PUBLIC HEARING -ORDINANCE -AMEND 1980 BUDGET -2ND READING)0!- A letter was read from Walter Fry,Finance Director,which presented an ordinance amending the 1980 Budget for final closing entries. The public hearing was opened.There were no comments,so the public response was closed. Mr.Swanson moved that the public hearing be closed,seconded by Mr.Ziegler,and passed unanimously. The ordinance amending the 1980 Budget appropriations was read by title only. Mr.Ziegler moved that the second reading of the ordinance be adopted,seconded by Mr.Swanson,and passed unanimously. PUBLIC HEARING -ORDINANCE - AMEND 1981 BUDGET - 2ND READING F A letter was read from Walter Fry,Finance Director,which presented an ordinance amending the 1981 Budget to allow for final negotiated salaries. The public hearing was opened.There were no comments,so the public response was closed. Mr.Johnson moved that the public hearing be closed,seconded by Mr.Shinn,and passed unanimously. The ordinance amending the 1981 Budget for the City of Moses Lake,Washington was read by title only. Mr.Swanson moved that the second reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. IV.ORDINANCES AND RESOLUTIONS ,^ORDINANCE -REPEAL TITLE 9 -2ND READING^ A letter was read from James Whitaker,City Attorney,which presented an ordinance repealing Title 9 of the Moses Lake Municipal Code which relates to what has been traditionally regarded as criminal conduct and the definition of the same. JL-J U 3116 CITY COUNCIL MINUTES:3 March 24,1981 Mr.Edwards stated that he felt the passage of this ordinance would take more local control from the city plus the fact that the County Prosecutor does not have the staff to follow up on the extra cases that would result. The ordinance repealing Moses Lake Municipal Code Title 9 relating to public peace, morals,and welfare was read by title only. Mr.Zeigler stated that the repeal of this ordinance does not effect state law and he felt it would be in the best interest of the city. Mr.Johnson moved that the second reading of the ordinance be adopted,seconded by Mr.Ziegler,and passed with Mr.Edwards opposed. ORDINANCE - WEED CONTROL - 2ND READING . A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance relating to weed control. The ordinance repealing Chapter 8.20 of the Moses Lake Municipal Code entitled "Weed Control Regulations"and enacting new Chapter 8.21 entitled "Weed Control Regulations"was read by title only. Mr.Ziegler moved that the second reading of the ordinance be adopted,seconded by Mr.Edwards,and passed unanimously. ORDINANCE - REPEAL CHAPTER 2.40 - INTER-RACIAL COMMISSION - 1ST READING JOfo A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance which repeals the chapter establishing the Inter-Racial Commission. Mr.Hill pointed out that the Inter-Racial Commission has not met for over a year and have had only one meeting in the past three years and all terms of the Commis sioners have expired. Mr.Gavinski stated that the state has a Human Rights Commission which handles this type of situation. The ordinance repealing Moses Lake Municipal Code Chapter 2.40 relating to an Inter-Racial Commission for Human Rights was read by title only. Mr.Ziegler moved that the first reading of the ordinance be adopted,seconded by Mr.Edwards,and passed with Mr.Vernier opposed. .ORDINANCE -PROHIBITING OPERATING OF VEHICLES AND MOTORIZED BICYCLES - 1ST READING /A/s"A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi- nance prohibiting the off-road operation of motor vehicles and motorized bicycles in the city due to the complaints received by the Police Department on the dust problem that it creates. The ordinance prohibiting the off-road operation of motor vehicles and motorized bicycles in the City of Moses Lake was read by title only. Mr.Hill felt the date the ordinance becomes ineffective should be chanqed to December 31,1983.- Mr.Ziegler moved that the ordinance be amended to read that it will become ineffectiveonDecember31,1983 and the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. RESOLUTION -REQUEST TO VACATE RIGHT-OF-WAY -SCHOOL DISTRICT A letter was read from Joseph K.Gavinski,City Manager,which stated that the /0f7MosesLakeSchoolDistricthasrequestedthatthesixtyfootpublicright-of-wayandtheeightyfootright-of-way located on the Central School property be vacated and that the city waive the compensation of one half of the appraised value of thisproperty.vv va.uc u.una 3117 CITY COUNCIL MINUTES:4 March 24,1981 A letter was read from Dale Hempel,Superintendent of Moses Lake Schools,which requested the vacation of a street right-of-way on property commonly referred to as Central School. The resolution initiating the procedure for vacating the sixty foot public right- of-way as dedicated in Deed Record No.12 as recorded in File No.13812 by the Grant County Auditor and the eighty foot public right-of-way as dedicated on the Plat of Neppel was read by title only. Mr.Johnson moved that the resolution be adopted,seconded by Mr.Ziegler. Mr.Hill wanted to know if action should be taken on the requested waiver of compensation.Mr.Gavinski stated that action by the Council would be appropriate at this time. The motion passed with Mr.Swanson opposed. Mr.Swanson did not feel that the Council should start deeding away land that belongs to the city without some compensation. James Whitaker,City Attorney,stated that since the city is dealing with another governmental entity,the compensation could be waived. Mr.Hill moved that the compensation be waived,seconded by Mr.Edwards,and passed with Mr.Swanson opposed. RESOLUTION -ACCEPT GIFT OF REAL ESTATE - SHER )u A letter was read from Joseph K.Gavinski,City Manager,which presented a resolu tion accepting a gift of real estate owned by Merrit,Ronald,and Abby Sher.They are requesting that if this gift is accepted,the city send a letter to the Shers indicating that the city will not sell the real estate for a two year period after receiving title and also that the city indicate the use to which the property will be put. Mr.Gavinski stated that it will cost the city approximately $650 for title insur-J ance,closing fees,etc.i Mr.Ziegler wanted to know how the city could send a letter telling the Shers what the property will be used for if the city does not know yet.Mr.Edwards stated that a letter could be sent listing some of the possibilities such as use by Chamber of Commerce,Spring Festival Committee,community projects,etc.He also suggested that if the property is sold at the end of two years that the money be used exclu sively for building purposes in the city such as the Civic Center,Park and Recrea tion Department,etc. The resolution accepting a gift from Merrit Sher,Ronald Sher,and Abby Sher in the form of real estate located within the corporate limits of the City of Moses Lake was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Shinn,and passed unanimously. Mr.Hill moved that the City Manager be authorized to expend funds for the closing costs including approximately $650 for title insurance,seconded by Mr.Ziegler, and passed unanimously. VI.REQUESTS TO CALL FOR BIDS q BLOCK GRANT HOUSING -040-TO ^A letter was read from Dean Hagerty,Chairman of the Citizens Advisory Committee, which recommended that Job 040-TO be put to bid as a hardship case.This family has four children and one bedroom.The utility room was converted into another bedroom and the washer and dryer are in the dining room.The proposed work would add two bedrooms and move the washer and dryer back into the utility room. > • J 3118 CITY COUNCIL MINUTES:5 March 24,1981 Mr.Edwards pointed out that the city would spent $5,000 over the eligible limit on this house. Mr.Edwards moved that staff be authorized to call for bids,seconded by Mr.Shinn. Mr.Hill did not feel the city was justified in putting $10,500 into a house that was purchased only four years ago for $13,000.He pointed out that this is a rehabilitation program and he felt the city is getting into rebuilding a house with this project. Mr.Johnson pointed out that this was recommended by the Committee that was appointed by Council to oversee this program and he would be in favor of approving this job. Mr.Ziegler moved that this job be tabled until the next meeting,seconded by Mr. Swanson,and passed with Mr.Edwards,Mr.Vernier,and Mr.Johnson opposed. ASH DISPOSAL SITES A letter was read from Robert Townsend,Public Works Director,which requested authorization to advertise for bids for the leveling,seeding,treatment or reloca tion of volcanic ash. Mr.Edwards moved that staff be authorized to call for bids,seconded by Mr.Johnsoh, and passed unanimously. VII.REFERRALS FROM COMMISSIONS MAY SWIM PROGRAM A letter was read from Larry Buckley,Chairman of the Park and Recreation Advisory Commission,which stated that requests were reviewed for use of the Swedberg Pool beginning May 1 through June 11 from the Manta Ray Swim Club and Moses Lake School District.The actual cost to the city would be about $1,900.The Commission recomended that the pool be opened at the following rates:Moses Lake School District -$700;Manta Ray Swim Club -$300;city noon program -estimated revenue of $200. Cecil Lee,Park and Recreation Director,stated that the pool would be heated. Mr.Swanson moved that the recommendation from the Park and Recreation Advisory Commission be accepted,seconded by Mr.Johnson,and passed unanimously. VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION STREET OVERLAY PROJECT - UPDATE PRIORITY LIST /O/9-A letter was read from Robert Townsend,Public Works Director,which presented an updated list of streets recommended for construction during the years 1980 to 1986. Mr.Townsend stated that Canterbury between Hawthorne and Wheeler was also completed in 1980.K Mr.Shinn moved that staff be authorized to call for bids on the street overlay project,seconded by Mr.Swanson,and passed unanimously. WATER MAIN OVERSIZING -KITTLES0N ROAD ttleson nch water theU-•-^•-.www w..^.,,3 viimu it,uc a urvc i v city for this oversizing will be approximately $700. Mr.Shinn moved that staff be authorized to participate in the water main oversizinq, seconded by Mr.Edwards,and passed unanimously. 3119 CITY COUNCIL MINUTES:6 March 24,1981 CLEAN-UP WEEK A letter was read from Robert Townsend,Public Works Director,which stated that the city has proposed to the Grant County Public Works staff that the annual clean up week be set for mid-April.There is some doubt that the county will participate because of a financial deficit with the County Landfill.The landfill costs have increased over the past year and the city's share would be approximately $1,200 for nine days. Mr.Townsend stated that he had received word that the County Commissions did vote to participate in the annual clean up week. There was some discussion by the Council. Mr.Edwards moved that the annual clean up week be set for April 4 to 12,seconded by Mr.Johnson,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS SAMMONS COMMUNICATION -FRANCHISE REVIEW Mr.Shinn moved that Sammons Communication be removed from the table,seconded by Mr.Vernier,and passed unanimously. Mr.Hill stated that he had received a petition from 41 people requesting that Channel 13,KEPR,from the Tri-Cities not be removed from programming. There was some discussion on this problem and it was pointed out that only about 30%are requesting that one of the Tri-Cities stations be left on and 70%requesting the Seattle stations be put on.The representative from Sammons Communications stated that it has been decided to drop the Tri-Cities stations and put on KOMO and KIRO and the two superstations from the east also when they become available in about two weeks. X. CITY MANAGER REPORTS AND COMMENTS llfU WATER METER READING -WINTER MONTHS Joseph K.Gavinski,City Manager,stated that he had provided Council with informa tion concerning the reason why water meters are not read in the winter months. Mr.Hill moved that the recommendations from staff be adopted,seconded by Mr. Swanson,and passed with Mr.Ziegler opposed. BUDGET Joseph K.Gavinski,City Manager,stated that the city is looking at the budget process for 1982.He stated that it has been suggested by city staff that it would be helpful if the budget process were begun earlier. Mr.Hill set June 2 at 7:30 p.m.as a study session for Council to consider the budget. VERN'S MOSES LAKE MEATS -PERMIT Joseph K.Gavinski,City Manager,stated that about 20 years ago an ordinance was adopted which stated that non-conforming uses would have to be amortized out in 20 years and they were given a special permit to operate for that 20 year period. This 20 year period expires the first part of May of this year. This is for Council information only at this time. The regular meeting was adjourned at 9:45 and the Council met in an Executive Session to consider a real estate acquisition. The Executive Session was adjourned at 10 p.m.and^jtlie regular meeting was recon vened.The regular meeting was adjourned at \ ill,Mayor City Clerk _