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1982 02 233453 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING February 23,1982 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Harvey Vernier,Charles Edwards,Norm Johnson,Wayne Rimple, Bill Reese,and Dick Siegert Absent:Bob Wallenstien The meeting was called to order by Mr.Johnson at 8 p.m. The Mayor introduced the visiting Boy Scouts.//?? Mr.Edwards moved that the minutes of the meeting of February 9 be approved as submitted,seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $19,663.38 STREET 5,712.25 ARTERIAL STREET 1,727.00 BLOCK GRANT 15,930.85 WATER/SEWER 7,656.90 SANITATION 10,272.68 WATER/SEWER CONSTRUCTION 45,185.88 EQUIPMENT RENTAL 1,725.07 FIREMENS PENSION 851.50 TOTAL $108,725.51 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Siegert, and passed with Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply and Mr.Edwards abstaining from voting for that portion of the bills to Coast to Coast. I.CITIZEN INPUT None PROCLAMATION A proclamation declaring March 7 through 13,1982 as Girl Scout Week was read in its entirety. The attending Girl Scouts were introduced. II.CONSENT AGENDA Mr.Edwards moved that the following items on the Consent Agenda be approved: 1.Resolution -granting Pawn Brokers License -Gonzales /0(p^ 2.Claim Against the City -Vail /od1/ seconded by Mr.Reese,and passed unanimously. III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS BLOCK GRANT APPLICATION /oj>? Rita Perstac,Community Development Director,gave some background on the Block Grant Program and stated that the city's project would be completed by September 1982.She stated that the State of Washington is currently considering its option to administer future Block Grant Programs and recommended that the Council begin thinking about future areas for a possible project. 3454 CITY COUNCIL MINUTES:2 February 23,1982 Joseph K.Gavinski,City Manager,stated that this does not require Council action at this time.He stated that there is a possiblity of using Block Grant money, along with other grant money,to help fund the new wastewater treatment plant. S BLOCK GRANT APPLICATION -ADVISORY COMMITTEE A letter was read from Richard Kelly,Chairman of the Citizens Advisory Committee, which recommended that the city actively pursue another Block Grant in the Basin Homes area.The area has no city water or sewer,no park,and the streets and homes are in need of rehabilitation. Joseph K.Gavinski,City Manager,stated that this does not require Council action at this time. TRAFFIC FLOW PLANS - DOWNTOWN REHABILITATION A letter was read from Karen Gordon,Chamber of Commerce Manager,which requested time before the Council to display taffic flow plans.They also requested the plan be considered with a possible green belt or park area for a block grant or any type of federal monies that might be available. Alan McFadin stated that because of the length of the presentation he would request a study session with the Council on the project. A study session was set for Wednesday,March 3,at 7:30 p.m. WETLANDS A letter was read from Karen Gordon,Manager of the Chamber of Commerce,which requested time before the Council to discuss the wetland problem in the city. Dave Bailey stated that the presentation was very detailed and they had worked with George Maddox,a specialist in this area to determine what could be done about the problem. Mr.Maddox stated that the wetland problem is caused in great part by the "Milwau kee Wasteway".The solution is to put in drains and deepen the wasteway.The water itself comes directly or indirectly from the Columbia Basin Project.He suggested that action be taken by the City of Moses Lake,Chamber of Commerce, Moses Lake Irrigation and Rehabilitation District,and any other groups which may be involved.He stated that it would cost about $7 million to put in the drains and deepen the wasteway.The project would qualify for HUD funding but with the state of the economy there is no guarantee that funds will be available.He stated that he has talked to the Grant County Commissioners and they are aware of the problem and there are some funds available.The Columbia Basin Project is also aware of the problem and is interested.He further stated that if the East High Canal were to be completed it would affect this area with more water problems.It would be a gradual thing building up over about 25 years after the East High Canal is completed and irrigation is commenced. Joseph K.Gavinski,City Manager,stated that this problem was brought up by the disposition of ash from the Mount St.Helens eruption in this area and discussions with the DOE as a result.He stated that the city told DOE that they wished this area dried up and the city did not feel the area was a wetland and requested that the artesian well be capped.He stated that DOE is interested in getting that area cleaned up also. A study session was set for Wednesday,March 3,at 8:30 p.m. V.ORDINANCES AND RESOLUTIONS ijjj ORDINANCE -PARK AND RECREATION USE FEES -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which stated that the Council had passed the first reading of an ordinance granting the Park and Recrea tion Advisory Commission the authority to set Park and Recreation Department Use Fees.He stated that an alternative ordinance is also being presented to the Council which would allow the Park and Recreation Advisory Commission to set fees for the pay-as-you-go programs but all other fees such as those relating to the swimming pool,use of Larson Field,and fees for Cascade Park camping would be set by the Council after receiving recommendations from the Advisory Commission.He recommended that the alternate ordinance be adopted by the Council.He stated that if the Council adopts the alternate ordinance,this would have to be considered the first reading of the ordinance. 3455 CITY COUNCIL MINUTES:3 February 23,1982 Larry Buckley,Chairman of the Park and Recreation Commission,stated that they have no objection to the alternate ordinance. The ordinance adopting a new Chapter 3.30 of the Moses Lake Municipal Code entitled "Park and Recreation Department Use Fees"was read by title only. Mr.Edwards moved that the first reading of the alternative ordinance be adopted, seconded by Mr.Reese,and passed unanimously. ORDINANCE -UTILITY OCCUPATION TAX - 2ND READING ://V£ A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the Utility Occupational Tax Ordinance. The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. ORDINANCE -WATER/SEWER RATES -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the water and sewer rates by imposing a 25%surcharge on all water and sewer service provided outside the city limits.Additionally,this proposed ordinance eliminates the two-tiered excess rate charge for commercial sewer service and suggests a single charge for sewer service when the customer uses more than 1,000 cubic feet of water per month. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and Sewer Rates"was read by title only. Mr.Welchel wished to know how the 25%figure was reached.Mr.Johnson stated that this is the lowest surcharge rate in the state.He also pointed out that other •areas outside the city limits are already paying the surcharge* ;j Steve Shinn,426 N.Crestview Drive,stated that the rates proposed are 143%higher than they were a year ago.He felt that to raise the minimum charge from $3.50 to $8.75 is not the way to go as he felt the people who use more water should pay more.He felt that there could be some cost cutting done in the reimburseables to the General Fund which would reduce the expenditures.He did not feel that ade quate provision had been made for the possible revenues that would be generated by the water usage by International Titanium.He did not feel the rates in the pro posed ordinance are justifiable. Mr.Gavinski stated that the administrative fees are lower than what could be charged against the fund by state law.He stated that there were several alterna tives to choose from to generate the necessary funds to keep the fund solvent. Mr.Johnson stated that the Council felt that people would be paying a little more over the entire year but would not have such big bills in the summer when they would be using more water. Mr.Edwards stated the increase at this time is large because the Council in 1977, 1978,and 1979 did not allow any increase at all in the water and sewer rates. Mr.Rimple stated that at the time of the study session he felt the $8.75 was a good rate but after more study he is not so sure.He felt that more consideration should be given to individuals on fixed incomes and he felt average consumption j should also be looked at. O Mr.Johnson pointed out that the rate would have to be straight across as the city cannot differentiate between income groups. Mr.Edwards stated that commercial users are being charged $12.35 per month for 500 cubic feet of water but duplexes are charged $17.50 per month for 1,000 cubic feet of water and he wished to know the reasoning behind the higher rate for the duplexes. Walter Fry,Finance Director,stated that at one time duplexes were considered under the commercial rates but they were moved out of that and placed as a double residential rate. 3456 CITY COUNCIL MINUTES:4 February 23,1982 Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Siegert,and passed with Mr.Vernier and Mr.Rimple opposed. Mr.Rimple stated that he was opposed to the rates,not the 25%surcharge. RESOLUTION - MOSES LAKE SPRING FESTIVAL A letter was read from Joseph K.Gavinski,City Manager,which presented a resolu tion concerning the Moses Lake Spring Festival.The Council also discussed busi ness license fees in relation to craftsmen who wish to display and sell their wares during the Festival.The provisions of the Municipal Code require anyone conduct-j) ing business in the city to have a business license and pay $35for the license.'| If Council desires,the ordinance could be amended and it would be effective by the first part of April. Deanna McCoy,President of the Moses Lake spring Festival,stated she would like the Council to amend the ordinance as it relates to arts and crafts for the Spring Festival.She stated that if the $35 license fee is required,they will not par-' ticipate.She stated that the City of Wenatchee does not require a license of any participant in the Apple Blossom Festival. Mr.Siegert wanted to know why the Spring Festival could not be considered a non profit organization.Mr.Gavinski stated that the license fee was discussed pre viously and the Spring Festival was concerned about people who would be setting up outside the confines of the Festival. Mr.Siegert stated that he had checked with various other communities who have activities such as the Spring Festival and they do not require a business license. Their fees are based on the amount of area the arts or crafts will take up and no hook up charges are imposed. Mr.Gavinski stated that the insurance problem has been taken care of and the hook up charges were a result of discussions between city staff,Council,and the Festi val Committee in the past.He stated that there could be some problems with not requiring a license fee. / Mr.Reese stated that some of the people are selling for a profit and some are just showing their wares. Ms.McCoy stated that the food concessions and commercial outfits that participate do make money and they are supposed to report their income to the state like any other business. There was some discussion by the Council on the problem.James Whitaker,City Attorney,stated that there could be problems if the Council tried to determine who would have to have a license based on profitability of the enterprise.He stated that the ordinance could be amended by striking the words "locally owned and oper ated"in section 5.04.090 and replacing them with the word "certain".He pointed out that this change could create some problems with itinerant businessmen.He also suggested that section 5.04.080 could be changed so that it read in part "No business,profession or trade conducted or carried on in a single location or under a single sponsorship of a festival license or permit." Mr.Gavinski pointed out that there are a lot of problems when dealing with busi ness licenses because of the constitutional limitations. It was the consensus of the Council that staff prepare an ordinance which would exempt arts and crafts from having to obtain a business license. The resolution regarding the Moses Lake Spring Festival to be held May 28 through May 30,1982 was read by title only. Mr.Rimple moved that the resolution be adopted,seconded by Mr.Siegert,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None n n 3457 CITY COUNCIL MINUTES:5 February 23,1982 VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION ITI -WASTEWATER DISCHARGE PERMIT /OS9 A letter was read from Joseph K.Gavinski,City Manager,which presented a draft of the one-year provisional wastewater discharge permit and a copy of the indemnity and hold harmless agreement. Mr.Rimple moved that the City Manager be authorized to sign the permit,seconded by Mr.Reese,and passed with Mr.Vernier opposed. IX.COUNCIL QUESTIONS AND COMMENTS E HUT Mr.Siegert reported that he and Dr.Wallenstien had done some study on the loca tion of a new dog pound and they felt the optimum site would be at the Larson Sewage Plant. There was some discussion by the Council. Mr.Sigert moved that staff be directed to take a minimal amount of time to prepare documents stating where the dog pound would be located,seconded by Mr.Reese,and passed unanimously. PLANNING COMMISSION Mr.Johnson requested that Marvin Whitney be reappointed to the Planning Commis sion. Mr.Edwards moved that Mr.Whitney be reappointed to the Planning Commission, seconded by Mr.Rimple,and passed unanimously. PARK AND RECREATION ADVISORY COMMISISON Mr.Johnson requested that Jack Pray be appointed to the Park and Recreation Advi sory Commission. Mr.Rimple moved that Jack Pray be appointed to the Park and Recreation Advisory Commission,seconded by Mr.Edwards,and passed unanimously. COUNCIL APPOINTMENTS //<?2 Mr. Johnson stated that Mr. Reese has stated he will serve on the Clean Air Board and Mr.Wallenstien has stated that he will be willing to serve on the Disability Board.However this appointment is made by all the cities and towns in Grant County. X.CITY MANAGER REPORTS AND COMMENTS SALES TAX >V Joseph K.Gavinski,City Manager,stated that the city has received $94,847 for the period of November and December 1981,which is figured into the 1982 budget.This is approximately 14.13% more than for the same period in 1980. The meeting was adjourned at 10 p.m. Norman Johnson,/Mayor ATTEST: City Clerk