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1981 12 223233 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING December 22,1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Steve Shinn,Harvey Vernier,Charles Edwards,Norm Johnson, Robert Hill,Wayne Rimple,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 December 8 be approved as submitted,seconded by Mr.Shinn,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $28,118.14 STREET 4,269.92 ARTERIAL STREET 3,241.64 VOLCANIC/DISASTER RELIEF 3,469.54 BLOCK GRANT 6,957.11 FIRE EQUIPMENT RESERVE 2,872.80 WATER/SEWER 8,828.29 SANITATION 6,292.63 WATER/SEWER CONSTRUCTION 110,366.16 1981 WATER/SEWER BD 2,505.13 EQUIPMENT RENTAL 11,060.99 FIREMENS PENSION 775.00 TOTAL $188,757.35 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Johnson, and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply,and Mr.Shinn abstaining from voting for that portion of the bills to the Nikkei Saaver. Mr.Johnson presented plagues to the out-going Councilmen,Don Swanson,Robert Hill,Barry Ziegler,and Steve Shinn. I.CITIZEN INPUT None II.CONSENT AGENDA> Mr.Ziegler moved that the following items on the consent agenda be approved: 1.Laguna Point Preliminary Plat -set meeting date /^-' 2.Block Grant -Job 058-AK -request to call for bids /0^9 3.Accept Work -Ash Disposal Sites /£dJ/ seconded by Mr.Shinn,and passed unanimously. III.CONSIDERATION OF BIDS BLOCK GRANT HOUSING A letter was read from Richard Kelly,Chairman of the Citizens Advisory Committee, which recommended that Sun Basin Construction be awarded the bids on Jobs 055-AH and 056-AI. Mr.Johnson moved that the bids be awarded to Sun Basin Construction,seconded by Mr.Rimple,and passed unanimously. 3234 CITY COUNCIL MINUTES:2 December 22,1981 VEHICLES A letter was read from the Public Works Superintendent to the Public Works Director which recommended that the city accept the state bid for the vehicles. A letter was read from Robert Townsend,Public Works Director,which also recom mended that the city accept the state bid for the 6 vehicles. Mr.Townsend stated that an error was found in the pick-up bid by the state.He presented a more accurate comparison on this Jg-ton pick-up to the Council. Mr.Edwards wanted to know who would get the city's share of the sales tax if the state bid was accepted.Mr.Townsend stated that the 4-door sedan is in Renton, the two Jg-ton pick-ups are in Snoqualmie,and the three police vehicles are in Spokane. Mr.Johnson felt that the local bidders should be considered.Mr.Rimple wanted to know if the local bidders were informed that the state would also be making bids. Mr.Townsend stated that they were informed the state price would be used as a comparison with the possibility of a recommendation.Mr.Hill wanted to know if the cars could be serviced in Moses Lake if they are purchased out of town.Mr. Townsend stated that there are service dealers in Moses Lake. Mr.Rimple moved that the bid from Moses Lake Ford be accepted for the 1981 midsize 4-door sedan and the 3 police vehicles,and the bid from C &V Auto be accepted for the two %-ton pick-ups,seconded by Mr.Johnson. Mr.Shinn stated that he objected to the number of vehicles being requested and would be opposed to the motion. Mr.Ziegler stated that the local bid is almost $1,200 more for a mid-sized sedan than the state bid and he was oppposed to that. The motion passed with Mr.Shinn and Mr.Ziegler opposed. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -RECONSIDERATION OF PARK PLAN -BLOCK GRANT A letter was read from Rita Perstac,Community Development Director,which stated that the Block Grant's Citizen Advisory Committee reviewed the Council's decision on the Mid-Peninsula Park Plan with reference to the low priority given to rest- rooms.They requested Council reconsider and make restrooms a high priority item. Larry Buckley,Chairman of the Park and Recreation Committee stated that they had prioritized the low maintenance items first which is why the restrooms were a low priority. Pat Lightel stated that the park currently has one restroom to serve many people during the baseball tournament season and she pointed out that a lot of money is going to the shrubs and landscaping for the park. Dick Kelly stated that the Block Grant Committee had talked to the people in the area and determined that the increased use of the park would require additional restrooms and he hoped that the Council would put them as a high priority item. Mr.Hill and Mr.Johnson stated that they felt the restrooms should be a high priority item. Mr.Edwards stated that this is a neighborhood park and people from other areas of the city will probably not be using it.He felt the restrooms should remain a low priority item. There was some discussion by the Council on the cost of the labor and materials for the park improvements as well as their placement. Mr.Rimple moved that the restrooms be declared as a high priority item,seconded by Mr.Johnson. There was some discussion on the maintenance schedule and possible vandalism. The motion passed with Mr.Edwards and Mr.Ziegler opposed. 0 n 3235 CITY COUNCIL MINUTES:3 December 22,1981 V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND ZONING ORDINANCE -OLD FIRE STATION -1ST READING //<?Q A letter was read from Rita Perstac,Community Development Director,which presented an ordinance changing the zoning of the old Grant County 5 Fire Station from R-3 to C-2. The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake MunicipaljCodeentitled"Zoning"was read by title only. ,—•Mr.Edwards moved that the first reading of the ordinance be adopted and a public hearing be set for January 12,1982,seconded by Mr.Johnson,and passed unanimously. ORDINANCES - DANGEROUS WEAPONS -HUNTING INSIDE CITY LIMITS - PENALTIES - 1ST READINGS A letter was read from Joseph K.Gavinski,City Manager,which presented three ^'^ ordinances dealing with hunting inside the city limits,the discharge of dangerous weapons,and the penalties for violating the ordinances. Mr.Gavinski pointed out that state law prohibits the discharge of a firearm inside the city limits but it is not as explicit as the proposed ordinance.He explained the ordinance on dangerous weapons for the Council.Mr.Gavinski stated that the phrase "city-owned property"used in the ordinance was meant to cover only park land and property where lift stations,pump stations,etc.are situated.He stated that the staff had discussed it and language should be added which states that the restrictions do not apply to peace officers while in the performance of their dutes or individuals with a concealed weapons permit or perhaps individuals who are otherwise allowed to carry a weapon as provided for .by law. He stated that hunting within the city limits is covered by state law but the ordinance takes into account the possibility of protecting persons and property, preventing hunting,and stopping persons from carrying a dangerous weapon on city ,property. ! |The penalty ordinance states that a person is guilty of a misdemeanor if convicted of a violation of the ordinances. Mr.Gavinski stated that between December 1979 and December 1981 there were 145 complaints of hunting or discharging a firearm in the city.He stated that 27%of the complaints were received after December 9,1981. Bill Bailey,234 Crestview,stated that he was basically in agreement with the ordinances as presented but felt that the wording was vague.He also questioned the fact that blanks are used at football games and track meets and further felt that trapping had no part in this question.He pointed out that this could pro hibit anyone from killing mice,rats,or gophers.He also felt that at times the trapping of muskrats would be in the public interest. Jim Russell stated that he did not feel this was an emergency situation and did not see why the ordinance should be passed at first reading.He stated that this ordinance would discriminate against those people who enjoy air rifles'and those who practice archery in their backyards.He also felt that wildlife should be defined. Jim Whitaker,City Attorney,stated that wildlife is defined in the state game code and it does not include rats,mice,or gophers. <I Mr.Russell felt that the state laws are sufficient to handle this problem without any city ordinances at all. Don Hutch,Moses Lake Gun Club,stated that all the members feel that 9.12.010 is adequate and they are opposed to 9.08.010 and 9.08.020. Charles Sours,Basin Archery Club and Boy Scouts of America,stated that they have used city facilities for the Boy Scouts to practice archery as a form of recreation. He felt the ordinance would prohibit many of the activities which have been enjoyed in the past.He stated a bow and arrow can be a deadly missile but it can be used in a safe manner. 3236 CITY COUNCIL MINUTES:4 December 22,1981 Ken Bech,member of the National Rifle Association and Basin Bowman,stated that he was in favor of the city protecting itself but did not feel the ordinances would accomplish it. Dick Siegert stated that he did not feel the situation was an emergency one. Mr.Gavinski stated that it is difficult to write citations for the discharging of weapons but hunting is a different matter.He stated that the discharging of BB guns can be dangerous if the shot hits sheds,mobile homes,lands in someone elses yard, etc. Mr.Hill stated that in the past several weeks people have not been using common sense with regard to guns and he has received a number of complaints at home about it. A letter was read from Mrs.Miller protesting the fact that people were hunting on Marsh Island. Mr.Ziegler stated that he felt the problem is that people are hunting inside the city limits.He stated that there is a state law that prohibits the discharge of a weapon within the city limits.He felt that 9.12 should take care of the hunting problem and that 9.08 is gun control and is a violation of the U.S.Constitution. Mr.Johnson stated that he received a lot of calls on this problem.He stated that hunting should not be allowed inside the city limits and he would be in favor of 9.12. Mr. Shinn stated that he was in favor of the 9.12. The ordinance adopting a new chapter 9.12 of the Moses Lake Municipal Code entitled "Hunting"was read by title only. Mr.Edwards moved that the ordinance be amended by deleting the word "trap"and adding "as defined by the Washington State Department of Game"after the word wildlife,seconded by Mr.Johnson. Mr.Shinn wanted to know if the word wildlife concerned fish.Mr.Whitaker stated that he did not believe it did. The motion passed unanimously. There was some discussion on the penalty ordinance and it was recommended by the City Attorney that this be considered a civil violation and a penalty amount be assigned pursuant to Chapter 1.08. Mr.Whitaker suggested that the Council amend the ordinance just adopted by adding a section 9.12.020 to read "A violation of this section shall be a civil violation and shall be punished by a civil penalty as defined by Section 1.08.030 and set as a C-7." Mr.Edwards moved that the ordinance just adopted be amended as suggested by the City Attorney,seconded by Mr.Shinn. Mr.Hill suggested that the fine be set at $250 which would be C-4. Mr.Ziegler moved that the motion be amended to change the "C-7"to C-4",seconded by Mr.Vernier,and passed unanimously. The original motion passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS None 3237 CITY COUNCIL MINUTES:5 December 22,1981 VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION WATER/SEWER RATES /SO 3 A letter was read from Joseph K.Gavinski,City Manager,which stated that Council man Vernier requested that the question of water and sewer rates be put on the agenda for the December 22 regular Council meeting.A packet of material was distributed previously to the Council. Mr.Ziegler stated that it had been the consensus of the Council that the new Councilmen should consider this. Mr.Ziegler moved that this be tabled until the next Council meeting,seconded by Mr.Shinn,and passed with Mr.Vernier opposed. IX.COUNCIL QUESTIONS AND COMMENTS LIBRARY //S 7 Mr.Vernier stated that he had reviewed the file on the city's contact with the North Central Regional Library Board and he felt that there was information in the file that would have been helpful to the Council.He felt that all correspondence of significance whether addressed to the City Manager,Mayor,or an individual Councilman should be distributed to all members of the Council. Joseph K.Gavinski,City Manager,stated that he had received correspondence con cerning the annexation issue of the library on November 24.He stated that he was in Wenatchee with Mr.Edwards on that day discussing the negotiations with the Regional Library Board.He stated that he did not read the letter until November 25 and the Council meeting was November 24 so the information was not forwarded to the Council.The letter provided that the North Central Regional Library would consider annexation requests at their December 17 meeting.After reading the letter on November 25 there was no way possible that two readings of an ordinance could be held before the December 17 meeting,so he did not bring the letter to the Council's attention. Mr.Edwards stated that when reporting to the Council after the meeting with the Library Board it was mentioned that annexation was discussed at the meeting. Mr.Vernier stated that under the city's type of government,policy is set by the whole Council and he felt the entire Council should be made aware of important correspondence directly and not merely by reports. Mr.Hill stated that he felt Mr.Gavinski has done an excellent job of keeping the Council informed.He stated that on November 24 a couple of Councilmen spoke against annexation and if any Councilman wanted to pursue it further they should have spoken up at time. Mr.Rimple stated that he had asked Mr.Gavinski for the annexation dates and has not received them.He felt that in the past some action was taken that did not have the full concurrence of the Council and that this is what Mr.Vernier is trying to point out. Mr.Vernier stated that the letter was what triggered his interest but he stated that he was trying to speak for the establishment of a policy whereby the full Council is made aware of all information pertaining to actions that need to be taken. Mr.Shinn stated that he felt Mr.Gavinski has done an excellent job in relating important information to the Council. U COUNCILMEN Mr.Shinn stated that this is his last meeting and he would like to thank the /o&9 citizens of Moses Lake for the opportunity of serving on the Council for four years. Mr.Ziegler stated that it has been a real pleasure to serve on the Council since Mr.Gavinski became City Manager. Mr.Hill stated that he was in agreement with the remarks by Mr.Shinn and Mr. Ziegler and he wanted to express his appreciation for the staff's administrative ability. 3238 CITY COUNCIL MINUTES:6 December 22,1981 X.CITY MANAGER REPORTS AND COMMENTS (\PROPOSED SIGNALIZATION -BROADWAY INTERSECTIONS Robert Townsend,Public Works Director,stated that the state is proposing to place traffic lights at Ash and Broadway and Third and Broadway.He stated that the Fire Chief would like opticom control on these signal lights which would permit control of the signal heads from a fire truck or other response vehicle.Funding for the opticom control is a problem but FAU funds are available.Mr.Townsend suggested that any action on the opticom controls be postponed until the 6-Year Street Plan is addressed in April or May of 1982 since it will have to be amended to allow for this project.The state has indicated they will make provisions for the opticom controls so the city can incorporate it at any time in the future. Russ Beeman,Fire Chief,stated that opticom controls would cost about $3,000 per intersection. There was some discussion by the Council on whether or not these two signal lights would agree with the traffic circulation as proposed by the Downtown Committee. Mr.Shinn wished to consult with the Committee before making a decision on this project.Mr.Ziegler stated that he was under the impression that these lights would be for the purpose of slowing down the traffic and he was opposed to that. Mr.Edwards moved that the City Council state their concurrence with the state's plans,seconded by Mr.Johnson,and passed with Mr.Ziegler and Mr.Shinn opposed. rf LANDFILL RATES Joseph K.Gavinski,City Manager,stated that the city has been informed that the county landfill rates will be raised from $1.25 a loose cubic yard to $1.50 a loose cubic yard.This increase will be a strain on the budget since it was passed using the $1.25 figure. l1 {ft y HANDICAPPED/FIRE LANE PARKING - ENFORCEMENT Joseph K.Gavinski,City Manager,stated that upon a request by Councilman Rimple an investigation was conducted and it was discovered that handicapped areas are placed in new construction by state law and the city has the authority to enforce the use of those areas under the traffic code.This also brought up the issue of fire lane parking.Spot checks will be conducted and people will be informed that they are not supposed to be parking in these areas.The only people allowed to park in the handicapped areas are those with a license plate or decal on their car which shows that they are handicapped. :COMPREHENSIVE PLAN -PLANNING Rita Perstac,Community Development Director,distributed the completed Comprehen sive Plan which the City Council adopted in April 1981 and which consisted of goals and policies and a data inventory section.This is the result of 5 years of work and she wished to thank the Council for its commitment to the Comprehensive Plan concept. Mr.Rimple stated that he felt that the Community Development staff did a tremendous job on this project and he wished to commend them on it. BICYCLE PATH -VALLEY ROAD Joseph K.Gavinski,City Manager,read a letter which he received from the Grant County Board of County Commissioners which stated that the 10 foot easement which the city has obtained on Valley Road for a bike path is not sufficient for the cut and fill requirements of the bike path profile.The Grant County Public Works Director has recommended that the county proceed with the project on the south side as originally proposed with the provision that if the city is able to obtain cut and fill easements,the bike path will be deleted from the contract prior to award. The project is scheduled to go to bid January 25,1982. Mr.Gavinski stated that the city is attempting to obtain the easements requested by the county. Robert Townsend,Public Works Director,stated that the city has received verbal agreement for the necessary additional 10 feet from the three property owners involved. n 3239 CITY COUNCIL MINUTES:7 December 22,1981 LIBRARY //j>~7JosephK.Gavinski,City Manager,distributed the official bulletin from the North Central Regional Library.He stated that the city will be getting this bulletin on a regular basis from now on.He also stated that the North Central Regional Library has requested data on the city's cost of operating the library. SALES TAX Joseph K.Gavinski,City Manager,stated that the sales tax figures for September //S^'(L and October have been received by the city.In 1980 the city received $93,983 and in 1981 the city received $92,459.In 1979 the city received $87,401. He stated that the city budgeted $495,000 for 1981 and the city has received $533,000. The regular meeting was recessed at 10:30 p.m.and the Council met in an executive session to discuss real estate. The executive session was adjourned at 10:50 p.m.and the regular meeting was reconvened. LAND PURCHASE /oVo Mr.Edwards moved that the city proceed with the purchase of the property known as Little Peninsula,seconded by Mr.Ziegler,and passed with Mr.Rimple opposed due to a lack of knowledge on the subject. The regular meeting was adjourned at 10:55 p.m. ATTEST: Robert E.Hill,Mayor