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1981 05 263137 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING May 26,1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Charles Edwards,Steve Shinn,Harvey Vernier,Norm Johnson, Barry Ziegler,Bob Hill,and Don Swanson The meeting was called to order at 8 p.m.by Mayor Robert Hill. ZOO*/ Mr.Hill requested that the minutes of the meeting of May 12 be changed to reflect that Mr.Shinn will meet with the Finance Director on the financial statements of Sammons Communications. Mr.Johnson moved that the minutes of the meeting of May 12 be approved as amended, seconded by Mr.Edwards,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $7,575.49 STREET 5,563.20 VOLCANIC DISASTER RELIEF 92.83 BLOCK GRANT 6,196.87 FEDERAL SHARED REVENUE 49.75 WATER/SEWER 5,547.43 SANITATION 311.34 WATER/SEWER CONSTRUCTION 59,948.57 EQUIPMENT RENTAL 556.24 TOTAL $85,841.72 Mr.Shinn moved that the bills be approved as submitted,seconded by Mr.Edwards, and passed unanimously.Warrants in the amount of $85,841.72 were approved for payment. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS STREET OVERLAY PROJECT «,so/9AletterwasreadfromRobertTownsend,Public Works Director,which recommended that the bid on the 1981 Street Overlay Contract be awarded to McAtee and Heath in the amount of $95,160. Mr.Townsend stated that the streets that will be overlayed will be Hill Street from Division to Pioneer,Grand Street from Terrace to Hawthorne,Dogwood from Broadway to Fourth,and Loop Street from Knolls Vista to Clark Drive. Mr.Shinn moved that the bid be awarded to McAtee and Heathe,seconded by Mr. Edwards,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS None V.ORDINANCES AND RESOLUTIONS ORDINANCE -TWO-HOUR PARKING -2ND READING lop?A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance dealing with two-hour parking in those areas requested by the Moses Lake Area Chamber of Commerce. 3138 CITY COUNCIL MINUTES:2 May 26,1981 Mr.Gavinski stated that the Council had requested that parking on Clover Drive from Wheeler to Hawthorne be prohibited during school hours except for school buses.He stated that parking has been completely prohibited in this area for the last 15 years. Robert Townsend,Public Works Director,stated that the street is fairly narrow and if parking is allowed there would be room for only one lane of traffic.He stated that the area from Fairbanks to the south has been widened and does allow for parki ng. There was some discussion by the Council. The ordinance designating certain street areas where stopping, standing,and/or parking is regulated,restricted,or prohibited thereon by adding new Section 10.12.035 and amending Section 10.12.040 was read by title only. Mr.Johnson moved that the ordinance be amended to prohibit parking on Clover Drive from Wheeler Road to Fairbanks Drive on west side and the second reading of the ordinance be adopted,seconded by Mr.Ziegler,and passed unanimously. ^00 ORDINANCE -ESTABLISH CONSOLIDATED LID #44 -2ND READING A letter was read from Walter Fry,Finance Director,which presented an ordinance establishing Consolidated LID 44 which includes LID's 44,45,47,and 48. The ordinance establishing Consolidated Local Improvement District No.44 et al. and Consolidated Local Improvement Fund,District No.44 et al.;fixing the amount, form,date,interest rate,maturity and denominations of the Consolidated Local Improvement District No.44 et al.Bonds;and providing for the sale and delivery thereof to Seattle-Northwest Securities Corporation,Seattle,Washington 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 -AMEND COMPENSATION OF CITY OFFICERS -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the section on compensation of city officers to allow for two excused absenses per year without a loss of compensation.It also deletes the word execu tive from the current ordinance since an executive session must be called as a part of a regular or special meeting. The ordinance amending Chapter 2.60 of the Moses Lake Municipal Code entitled Compensation of City Officers by amending Section 2.60.010 and by adding a new Section 2.60.030 was read by title and Section 2.60.030 was also read. Mr. Hill felt that illness should be an execused absence over and above vacation. Mr.Gavinski stated that the ordinance could read as follows:The Mayor and City Councilmen may be excused from attending up to two regular,special,or study meetings per year without a deduction in compensation.Absences shall be excused for vacations.Additionally,the Mayor or City Councilman may be excused because of illness from any regular,special,or study meetings without a deduction in compensation.The Mayor or City Councilman wishing to be excused from a meeting must notify the secretary to the City Council prior to the meeting.The absence shall be announced and the reason therefor at the time roll call is taken at the meeting and shall be recorded as excused in the minutes of the meeting,if minutes are taken. Mr.Ziegler moved that the first reading of the ordinance as amended be adopted, seconded by Mr.Johnson,and passed unanimously. Mr.Hill also suggested that something be drafted to allow for the removal of the Mayor from office by an affirmative vote of 2/3 of the Council. n 3139 CITY COUNCIL MINUTES:3 May 26,1981 ORDINANCE -AMEND 2.08,MAYOR AND COUNCIL -1ST READING /Of* A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance deleting the Inter-Racial Commission for Human Rights as one of the bodies of the City of Moses Lake where appointments have to be made. The ordinance amending Chapter 2.08 of the Moses Lake Municipal Code entitled Mayor and Council by amending Section 2.08.040 was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Shinn,and passed unanimously. ORDINANCE - ANIMAL CONTROL - 1ST READING //bO A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the animal control ordinance. Marilyn Bertram from the Humane Society stated that the ordinance could be a problem to enforce especially as it concerns rabies inoculations.She stated that the vets ' in the area do not feel there is a rabies threat in the county since there are no bats or skunks that carry the disease in this area.She stated that the ordinance does not address the impoundment fee for county strays.The charge for impounding a stray from the county is charged to the county not the person who brings in the dog. Mr.Hill felt that the county should pay the same as any person who brings in a stray. Mrs.Bertram stated that there is a conflict with the section dealing with cats since it could compete with the business of the veterinarians in the area. The ordinance repealing Chapter 6.04 of the Moses Lake Municipal Code entitled "Dogs and Cats"and enacting a new Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control"was read by title only. Mr.Hill stated that the Spokane County ordinance dealing with animal control encompasses all violations and fines for various things. A study session was set for June 16 at 8 p.m.to discuss the Animal Control ordi nance. Mr.Edwards moved that the ordinance be tabled,seconded by Mr.Johnson,and passed unanimously. ORDINANCE - SWIMMING POOLS - 1ST READING A letter was read from Rita Perstac,Community Development Director,which presented an ordinance concerning swimming pools. The ordinance ordering establishment,compliance with,and enforcement of certain swimming pool regulations for all private and semi-private swimming pools installed within the City of Moses Lake for the protection of the citizens and general public health and welfare was read by title only. Mr.Hill stated that he was not in favor of requiring fencing around swimming pools as he felt it would be up to the home owner and his insurance company. Mr.Edwards stated that he was opposed to the inspection requirement on all dis charge systems and also the requirement for an approved backflow prevention. Mr.Shinn stated that the backflow prevention was a state requirement and was also ncecessary to keep the water from getting into the city water system. Mr.Swanson stated that he had no objection to the fencing,discharge system,and backflow prevention.He felt the Council should take the advice of the city staff. There was considerable discussion by the Council. 3140 CITY COUNCIL MINUTES:4 May 26,1981 Ms.Perstac stated that if several people on one street drain their pools at the same time flooding can occur and it causes problems for the Public Works Department. She also stated that permits for swimming pools are issued under the Uniform Build ing Code and discharge systems are a part of that permit. Mr.Edwards did not feel that the Building Official should concern himself with how he maintains his pool. Mr.Vernier wanted to know the city's legal liability with and without an ordi nance. James Whitaker,City Attorney,stated that the discharge system and backflow preven tion are already the law of the state which a City Council may not modify.He also stated that there is a problem with the above ground "pool that is put up in the spring and taken down in the fall.He stated that if the ordinance is passed the Building Official will be spending a good part of his time in the summer seeing that it is enforced.He stated that Section 18.67.120 is already covered by Title 8 of the Municipal Code;the first paragraph of 18.67.040 is covered indirectly in the Uniform Building Code;18.67.080 is covered in the Uniform Plumbing Code; 18.67.090 is not really covered in the National Electrical Code and it is a health, safety,and life problem;and the fence problem in 18.67.050 is a policy decision the Council will have to make.He also stated that a problem is created by the new type of pools that people put up in connection with decks or are above-ground, moveable pools. Mr.Gavinski stated that the reason the fence section passed the Planning Commission was the thought that some people with pools may not have liability insurance. Jim Rogers of Rogers and Norman stated that it is a ticklish situation but the city's insurance carriers should not be adverse to responding on the city's behalf if there was a problem enforcing the ordinance. Mr.Hill moved that the ordinance be denied,seconded by Mr.Edwards,and passed unanimously. A ORDINANCE -N0N-CONFORMING USES -1ST READING \<? A letter was read from James A.Whitaker,City Attorney,which presented an ordi nance which would allow non-conforming uses to remain under conditions set by the Planning Commission. Mr.Whitaker stated that there is no provision in the ordinance for the collection of fees concerning the review of non-conforming uses as he felt it was a decision the Council should make. He recommended that the Council discuss the fee schedule with the Community Development Department if the Council wishes to levy fees. Rita Perstac,Community Development Director,stated that she would be looking at a fee in the neighborhood of several hundred dollars for the review of a non-conform ing use as it requires public hearing notices and a great deal of staff time. The ordinance relating to Chapter 18.69 of the Moses Lake Municipal Cdoe entitled "Non-Conforming Uses"by amending Section 18.69.010 and adding Section 18.69.015 was read by title only. Mr.Ziegler stated that he felt the ordinance is \/ery good,but he was opposed to the imposing of fees. Mr.Swanson moved that the first reading of the ordinance be adopted,seconded by Mr.Zeigler. Mr.Hill wanted to know if a system had been designed to keep the city informed of the two-year review period imposed in the ordinance.Mr.Whitaker stated that the ordinance sets the procedures for this review.Mr.Hill was concerned about the administrative or clerical plans for a proper follow-up on the non-conforming uses. Joseph K.Gavinski,City Manager,stated that this will be a new process and will be set up in such a way that the city will be able to keep a handle on it. The motion passed unanimously. «i^.r£i x*r*.-\**-^4-»0-T.*Vl*, 3141 CITY COUNCIL MINUTES:5 May 26,1981 VI.REQUESTS TO CALL FOR BIDS MCCOSH PARK IRRIGATION A letter was read from Cecil Lee,Park and Recreation Director,which requested permission to call for bids for the modification of the McCosh Park irrigation system to an automated sprinkler system with a water supply from Pelican Horn. Mr.Johnson moved that the staff be authorized to call for bids,seconded by Mr. Edwards. Mr.Shinn stated that he was working on specifications for an alternate and would like an additional week to work on them.He felt his proposed system would be more economical and proposed an amendment to the motion. Mr.Edwards felt that ample time had been allowed for input on this project and refused to allow the amendment as friendly. The motion passed unanimously. BLOCK GRANT - JOB 042-TR /oj>9 A letter was read from Dean Hagerty,Chairman of the Citizens Advisory Committee, which recommended that the staff be authorized to call for bids on Job 042-TR. Mr.Shinn moved that staff be authorized to call for bids on Job 042-TR,seconded by Mr.Ziegler,and passed unanimously. VII. REFERRALS FROM COMMISSIONS None VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION SIX YEAR STREET PROGRAM - SET PUBLIC HEARING A letter was read from Joseph K.Gavinski,City Manager,which stated that the Six Year Street Plan is due to be submitted to the state on July 1,1981 for 1982 through 1987.The Public Works Department is requesting that the Council set a public hearing on June 9 to review this Six Year Street Plan. Mr.Ziegler moved that a public hearing be set for June 9,seconded by Mr.Johnson, and passed unanimously. BROADWAY STREET LIGHTING A letter was read from Joseph K.Gavinski,City Manager,which concerns street /^/ light improvements on Broadway. A letter was read from Tom Sinnard,Staff Engineer of the PUD,which explained the improvements that would be made and stated that the cost would increase about $72 per month. Mr.Hill moved that staff proceed with this project,seconded by Mr.Shinn,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS Mr.Ziegler requested the Public Works Department check into a hole that was dug at Burress and Barbara. Mr.Ziegler stated that he was in favor of the new type of lights that have been installed on Broadway and would also like to see them on Third Avenue. Mr.Hill requested the City Manager convey the Council's thanks to Bob West for the excellent job he did on the reception for the unveiling of the Mayor's Gallery at the Council Chambers today. Mr.Hill stated that there is a study session on the budget set for June 2,1981. A study session was set for June 1 on the water/sewer rates. /00~7 3142 CITY COUNCIL MINUTES:6 May 26,1981 // Mr.Hill stated that the county has passed a boating ordinance and if the city wishes them to work the lake waters within the city limits,the city will have to pass a comparable ordinance.Mr.Gavinski stated that was correct and then the city will either have to get a boat or contract with the county for enforcement. Mr.Swanson stated that he was very pleased with the way the streets were cleaned up after the Festival. X.CITY MANAGER REPORTS AND COMMENTS VALLEY ROAD BIKE PATH A letter was read from Joseph K.Gavinski,City Manager,which stated that staff has been authorized to look into the acquisition of the right-of-way on the south side of Valley Road and would also pass along additional information as it is received. Mr.Gavinski stated that the County Commissioners would prefer to have the bicycle path on the north side but they have stated that the county will construct the path on the south side if the city will obtain the right-of-way and move any utilities that need to be moved.They would also request that the city take it over through some sort of dedication or inter-local agreement. There was some discussion by the Council on this proposed bike path. Mr.Hill moved that the city staff be authorized to proceed with this and acquire right-of-way and costs for relocation of utilities,seconded by Mr.Ziegler,and passed unanimously. NOISE CONTROL ORDINANCE ,A> Joseph K.Gavinski,City Manager,stated that staff is looking into a noise control ordinance which must be drafted very carefully or it will be illegal from the beginning.This will include the use of a decimeter reader. FEMA AUDIT Joseph K.Gavinski,City Manager,stated that the city has been audited on all the FEMA work and all the costs which were expended as a result of the ash fall out. He stated that as soon as he hears from the auditor he will contact the Department of Emergency Services and find out how to go about getting the final audit taken care of and getting the additional money the city is entitled to under the FEMA regulations. COAST TO COAST Joseph K.Gavinski,City Manager,stated that the city has received the deeds on the Coast to Coast store and now owns that building. REVENUE SHARING Joseph K.Gavinski,City Manager,stated that the city has finally received from the Federal Government its share of Federal Revenue Sharing money.It comes to $240,000. The Council adjourned to an executive session at 9:55 p.m.to discuss a real estate purchase.The executive session was adjourned at 10:15 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 10:15 p.m. ATTEST: rt E.Hill ,Mayor City Clerk