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1982 05 253495 CITY COUNCIL CITY OF MOSES LAKE May 25,1982 Members Present:Harvey Vernier,Charles Edwards,Norm Johnson,Wayne Rimple, Bill Reese,Bob Wallenstien,and Dick Siegert The meeting was called to order by Mayor Norm Johnson at 8 p.m. Mr.Siegert requested that the minutes of the meeting of May 11 be amended to show that he was opposed to the passage of the Major Subdivision Ordinance. Mr.Edwards moved that the minutes be approved as amended,seconded by Mr.Siegert, and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $30,188.84 STREET 5,877.34 BLOCK GRANT 119,165.58 U.C.I.139.01 PARK &REC.RESERVE 8,306.98 WATER/SEWER 8,539.63 SANITATION 6,769.94 WATER/SEWER CONSTRUCTION 51,914.67 EQUIPMENT RENTAL 2,068.55 FIREMENS PENSION 1,896.17 TOTAL $234,866.71 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Wallen stien,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 II.CONSENT AGENDA Mr.Rimple moved that the following items on the Consent Agenda be approved: 1.Joint Bidding of Valley Road Bicycle Path seconded by Mr.Wallenstien,and passed unanimously. III.CONSIDERATION OF BIDS COMFORT STATION -BLOCK GRANT -PENINSULA PARK A letter was read from Cecil Lee,Park and Recreation Director,which recommended the bid on the comfort station for the Peninsula Park for the Block Grant Program be awarded to Kile Construction. Mr.Edwards moved that the bid in the amount of $9,788.34 be awarded to Kile Construction,seconded by Mr.Siegert,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -RESOLUTION -SHORELINE MANAGEMENT MASTER PLAN A letter was read from Rita Perstac,Community Development Director,which pre sented the proposed amendments to the Shoreline Management Master Plan. The resolution amending the Shorelines Management Master Plan for the City of Moses Lake was read by title only. The public hearing was opened.There were no comments,so the public response was closed. 3496 CITY COUNCIL MINUTES:2 May 25,1982 Mr.Edwards moved that the public hearing be closed,seconded by Mr.Wallenstien, and passed unanimously. Mr.Rimple moved that the resolution be adopted,seconded by Mr.Wallenstien,and passed unanimously. V.ORDINANCES AND RESOLUTIONS 10 ORDINANCE -REPEAL CHAPTER 16.52 (FIRE EXTINGUISHER SYSTEMS)-2ND READING,j\y — — \U A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance repealing sections 16.52.040 and 16.52.050 of Chapter 16.52.It was his recommendation that if these two sections are repealed,the entire ordinance should be repealed.He also stated that the ordinance could be amended by changing the eave height or square footage requirement on buildings to have sprinkler systems installed. There was some discussion by the Council. Mr.Edwards moved that the entire ordinance be repealed,seconded by Mr.Vernier, and passed with Mr.Rimple and Mr.Johnson opposed. Mr.Edwards suggested that the Council study this problem in the future as it relates to square footage,height,and storage items in the building.Mr.Vernier requested that the applicable portions of the Uniform Building Code be given to the Council before such a study session. i $ ORDINANCES -SUBDIVISIONS - 2ND READINGS A letter was read from Rita Perstac,Community Development Director,which pre sented the Major Subdivision Ordinance,the Short Subdivision Ordinance,and the Definition Ordinance. The ordinance repealing Chapter 17.08 of Title 17 of the Moses Lake Municipal Code and establishing a new Chapter 17.09 of Title 17 of 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.Rimple,and passed unanimously. The ordinance repealing Chapter 17.12 of the Moses Lake Municipal Code entitled "Subdivisions"in its entirety and establishing a new Chapter 17.13 of the Moses Lake Municipal Code entitled "Short Subdivision"was read by title only. Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed with Mr.Siegert opposed. The ordinance repealing Chapters 17.16,17.20,and 17.24 in their entirety and enacting a new Chapter 17.17 entitled "Major Subdivision"of Title 17 of the Moses Lake Municipal Code was read by title only. Mr.Rimple moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed with Mr.Siegert opposed. RESOLUTIONS (2)-ULID'S #1 AND #2 -SEGREGATION Y A letter was read from Joseph K.Gavinski,City Manager,which presented two reso lutions allowing for the segregation of LID assessments in ULID's #1 and #2.The request for the segregation is made because the property has been subdivided or segregated and the old owner wishes the new owner to bear a proportional cost for the LID assessment. The resolution allowing and ordering a segreation of an assessed tract of land in ULID #1 at the request of E.E.Emery and Frank Vance was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Wallenstien,and passed unanimously. n 3497 CITY COUNCIL MINUTES:3 May 25,1982 The resolution allowing and ordering a segregation of an assessed tract of land in ULID #2 at the request of Poplar Sands c/o D.W.Dickey was read by title only. Mr.Rimple moved that the resolution be adopted,seconded by Mr.Edwards,and passed unanimously. ORDINANCE -REASSESSING ULID #1 PROPERTY -1ST READING /<?<?& A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance reassessing certain tracts of land located within ULID #1 and which amends the assessment roll accepted by Ordinance #1037. The ordinance reassessing certain tracts of land located within ULID No.1 and amending the assessment roll accepted by Ordinance No.1037 was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. ORDINANCE -SEWER RATE STRUCTURE -ITI -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance setting the rate structure for the sewer service utilized by International Titanium,Inc.This rate structure would be effective for the period of time the one-year temporary wastewater discharge permit is in effect. Mr.Gavinski stated that the sewer rate for 0 to 1,000 cubic feet used should be $6.20 per month minimum and not $6,020.He also stated that in Section 4 it should read "Each day thereafter until corrected or service is terminated shall have an additional maximum penalty assessment of up %e $2,500 added on to the previous days maximum penalty (For example,4th day,$12,500,5th day,$15,POUT etc.). The ordinance setting the sewer rates for sewer service utilized by International Titanium,Inc.was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted as corrected, seconded by Mr.Wallenstien,and passed with Mr.Vernier opposed. VI.REQUESTS TO CALL FOR BIDS STREET OVERLAYS A letter was read from Robert Townsend,Public Works Director,which requested -/^/ Council authorization to call for bids for the 1982 street overlay project. Mr.Edwards moved that staff be authorized to call for bids,seconded by Mr. Rimple,and passed unanimously. VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION ANNEXATION -SOUTH CAMPUS -CONTRACT ZONING -ORDINANCE Joseph K.Gavinski,City Manager,stated that at the May 11 meeting the Council considered the annexation request by Big Bend Community College to annex the South Campus.They had requested an Industrial Zone but the Planning Commission had recommended Agriculture because of the nature of the city's Industrial Zone.The Council passed the first reading of the ordinance annexing the property but did not designate zoning for the area so that the possibility of contract zoning could be discussed.He stated that he had presented to the Planning Commission the type of contract zoning being presented to the Council and they approved the concept of contract zoning for this particular annexation.He stated that the Council could accept the Planning Commission's recommendation on the items to be allowed in the contract zoning by passing the first reading of an ordinance which considers both the annexation and the contract zoning for the Big Bend South Campus. c2 3498 CITY COUNCIL MINUTES:4 May 25,1982 The ordinance providing for the annexation of certain territory to the City of Moses Lake,Washington,and incorporating the same within the corporate limits thereof,providing for the assumption of existing indebtedness and 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 June 8,seconded by Mr.Reese,and passed with Mr.Siegert opposed. »1 p1 TRAFFIC CONTROL DEVICE - VALLEY ROAD A letter was read from Robert Townsend,Public Works Director,which stated that the county has recently four-laned Valley Road from Paxson to Crestview and in cludes a fourth entrance at Crestview and Valley for Airway Drive.The sight dis tance on approaching traffic to this intersection from Cascade Valley has been improved but the County Engineer recommends added safety precautions and has designed a flashing beacon.The county will pay all capital improvement costs for this beacon but they are requesting the city accept maintenance and operation since they are not equipped to handle it. Mr.Rimple moved that the city accept the beacon for maintenance and operation, seconded by Mr.Edwards,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS ft PROCLAMATION -BETA SIGMA PHI Mayor Johnson signed a proclamation declaring April 30,1982 as Beta Sigma Phi day. n*l PROCLAMATION -V.F.W.BUDDY POPPIESft* Mayor Johnson signed a proclamation urging citizens of Moses Lake to contribute generously during the sale of Buddy Poppies by the V.F.W. PLANTERS Mr.Edwards stated that the downtown merchants are placing plants in the planters in the downtown area but do not have the facilities to water and care for them.He wanted to know if arrangements have been made with the city to take care of these planters. Joseph K.Gavinski,City Manager,stated that no arrangements have been made and the city has not been approached by anyone. Mr.Rimple stated that the city really does not have any way to water planters in the downtown area and suggested that the merchants pack water in buckets to the planters. Cecil Lee,Park and Recreation Director,stated that he has had no dicussions on this with anyone but the merchants are assuming the city will take care of the planters. Mr.Gavinski stated that he would contact the downtown merchants and try to get the problem resolved. STREETS \§\'Mr.Rimple stated that he has receive numerous calls concerning the condition of the streets in the city and he would like to have the 6-year street plan published to let the citizens know that the city is doing what it can with the money avail able.He also felt that some of the gravel streets should be graded and it has been suggested to him that people with graders would be willing to donate their equipment and labor to grade them for the city.He felt that this should be looked into. **J 3499 CITY COUNCIL MINUTES:5 May 25,1982 X. CITY MANAGER REPORTS AND COMMENTS SALES TAX //o"A Joseph K.Gavinski,City Manager,stated that he had attended the session put on by the Association of Washington Cities concerning the sales tax and received a great "73 deal of information on the substance of the statutes and how to implement them.He stated that the city is concerned with the sales tax,the real estate excise tax, the utility tax ramp-down,and the development fees. Mr.Gavinski stated that up-front arbitrary fees being assessed at the time a development is presented has been eliminated.A fee which is assessed to mitigate a direct impact caused by the development is still allowed.These were called mitigation fees during the AWC session.The development fees for utility services are still allowed. Although the cities have lost the ability to asses up-front arbitrary fees,they were granted the right to assess a h%real estate excise tax.That tax has to be used for capital improvements and has to be used within a five-year period. The city will have to ramp-down the utility tax by a maximum of 4/10 of a percent by November 1,1982 on gas,telephone,and electricity.It does not affect water, sewer,garbage,and TV cable.The city could use another formula to determine how much to reduce the tax.This formula uses CPI increased costs of the utility service multiplying it back by the cost of the increase and coming up with a figure. Generally it is supposed to be less than the full scale ramp-down over a five-year period.So,every November 1 the city will have to reduce the utility tax for telephone,electricity,and gas by no more than 4/10 of a percent until it is reduced to a figure no greater than 6%. If the city chooses to invoke the h%real estate excise tax and h%sales tax has to be done at the beginning of a quarter because of Department of Revenue regulations >and there must be a two-month lag time between the time the ordinance is adopted invoking it and when it actually becomes effective. PUBLIC TRANSPORTATION BENEFIT AREA A study session has been set for June 15 at 8 p.m.in the Council Chambers with the County Commissioners to discuss the Public Transportation Benefit Area. INVESTMENT REPORT The Investment Report for April 1982 was presented to Council./003 The regular meeting was recessed at 9 p.m.and the Council met in an executive session to discuss union negotiations.The executive session was adjourned at 9:30 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:30 p.m. C^ ATTEST: City Clerk x2*Efc*4