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1982 11 093549 CITY COUNCIL CITY OF MOSES LAKE NOVEMBER 9, 1982 Members Present:Norm Johnson,Wayne Rimple,Charles Edwards,Norm Staat,Harvey Vernier,Bob Wallenstien,and Bill Reese The meeting was called to order by Mayor Norm Johnson at 8 p.m. Mr.Edwards moved that the minutes of the meetings of October 26 and 29,be approved as submitted,seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $20,671.53 STREET 9,714.96 ARTERIAL STREET 3,056.79 «^. BLOCK GRANT 2,131.50 U.C.I.1,793.90 WATER/SEWER 13,680.01 SANITATION 23,647.72 WATER/SEWER CONSTRUCTION 7,128.55 EQUIPMENT RENTAL 6,807.91 FIREMEN'S PENSION 1,150.36 TOTAL $89,783.23 Mr.Wallenstien moved that the bills be approved as submitted,seconded by Mr. Edwards,and passed with Mr.Edwards abstaining from voting for that portion of the bills to Coast to Coast and Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steeel Supply. CERTIFICATE OF COMPETENCY A letter was read from Cheryl L.Bergener,Assistant to the Secretary of the Water Works Certification Board of the Department of Social and Health Services which stated that a Certificate of Competency is being issued to Kent C.Wilmot as a Cross Connection Control Specialist I. I.CITIZENS INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -ORDINANCE •AMEND BUDGET -2ND READING A letter was read from Walter Fry,Finance Director,which presented an ordinance/0y° amending the 1982 Budget. The ordinance amending the 1982 Budget 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. Mr.Wallenstien moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously.' Mr.Reese moved that the second'reading of the ordinance be adopted,seconded byMr.Wallenstien,and passed unanimously.J 3550 CITY COUNCIL MINUTES:2 November 9,1982 A PUBLIC HEARING -ORDINANCES -INDUSTRIAL ZONES -2ND READINGSf A letter was read from Rita Perstac,Community Development Director,which presented ordinances establishing new Light,Medium,and Heavy Industrial Zones. The ordinance repealing Chapter 18.42 of the Moses Lake Municipal Code entitled "I- 1,Industrial Zone"and establishing a new Chapter 18.42 of the Moses Lake Municipal Code entitled "Light Industrial (L-I)Zone"was read by title only. The pubic hearing was opened. Steve Shinn,426 Crestview Drive,stated that he objected to Section 18.42.050 E relating to noise where it states that noise cannot be heard beyond the lot line. He suggested that it be changed to read that noise cannot be heard beyond the zone line.He also felt that the requirement for industrial uses to be contained within a building should be changed to allow assembly outside of a building. Ms.Perstac stated that these were guidelines set up by the Planning Commission in order to issue a conditional use permit. Joseph K.Gavinski,City Manager,stated that all existing businesses would be grandfathered in in their existing condition. There were no further comments so the public response was closed. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Rimple,and passed unanimously. Mr.Edwards stated that even in a light industry it is some times difficult to do things without having noise beyond the lot line and also having everything contained inside a building. There was some discussion by the Council about changing the wording from lot line to zone line and whether or not industrial uses should be totally contained in a building. Mr.Edwards moved that the Light Industrial Ordinance be amended by changing "lot line"to "zone line"throughout the ordinance,seconded by Mr.Vernier,and passed unanimously. Mr.Wallenstien moved that the second reading of the amended Light Industrial Ordinance be adopted,seconded by Mr.Reese,and passed unanimously. The ordinance establishing Chapter 18.43 of the Moses Lake Municipal Code entitled "Medium Industrial (M-I)Zone"was read by title only. The public hearing was opened.There were no comments,so the public response was closed. Mr.Wallenstien moved that the public hearing be closed,seconded by Mr.Rimple, and passed unanimously. Mr.Rimple moved that the Medium Industrial Ordinance be amended by changing "lot line"to "zone line"throughout the ordinance,seconded by Mr.Edwards,and passed unanimously. Mr.Edwards moved that the second reading of the amended Medium Industrial Ordinance be adopted,seconded by Mr.Vernier,and passed unanimously. The ordinance establishing Chapter 18.44 of the Moses Lake Municipal Code entitled "Heavy Industrial (H-I)Zone"was read by title only. The public hearing was opened.There were no comments,so the public response was closed. Mr.Rimple moved that the public hearing be closed,seconded by Mr.Wallenstien, and passed unanimously. Mr.Edwards moved that the Heavy Industrial Ordinance be amended by changing "lot line"to "zone line"throughout the ordinance,seconded by Mr.Vernier,and passed unanimously. Mr.Edwards moved that the second reading of the amended Heavy Industrial Ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. 3551 CITY COUNCIL MINUTES:3 November 9,1982 V.ORDINANCES AND RESOLUTIONS ORDINANCE -SALES USE TAX - 2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance imposing an additional one half cent sales tax in the city.If this ordi nance is passed,the city could anticipate receiving an additional $375,000 in 1983.This money could be utilized for specific purposes such as funding a street reconstruction program or future capital replacement or improvements. The ordinance enacting a new Chapter 3.25 of the Moses Lake Municipal Code entitled "Sales and Use Tax:1982"which imposes a sales or use tax upon and which is to be collected from those persons from whom the state sales or use tax is collected, fixing the rate of tax,providing for the administration and collection thereof, consenting to the inspection of records and providing penalties for the violation thereof was read by title only. Floyd Rigsby of Moses Lake Ford,stated that he felt the increase in tax would create a hardship on those businesses selling large items in the city because people could drive 70 miles in any direction to a place where they would not have to pay the extra tax. Steve Wert,Greenland Tractor,also felt that the additional tax would create a hardship for businesses selling large ticket items. Paul Kersey,Paul's Equipment,felt that the consumer would be the one penalized if this additional tax is passed. Steve Shinn,Desert Irrigation,stated that in-town businesses are having to compete with out-of-town businesses which would not have to impose the additional tax.He also stated that in his particular business the reporting and keeping track of the tax would create an extra burden. Karen Gordon,Manager of Chamber of Commerce,stated that the Board of Directors unanimously opposed any increase in sales tax within the city. There was some discussion by the Council. Mr.Wallenstien moved that the ordinance not be passed on its second reading, seconded by Mr.Reese. Mr.Rimple stated that the city could use this money for needed projects,espe cially streets.He felt it should not be not passed,but tabled. Mr.Rimple moved that the ordinance be tabled,seconded by Mr.Edwards,and passed with Mr.Reese opposed. ORDINANCE -WATER &SEWER CONNECTIONS -BLOCK GRANT -1ST READING ,n_s. A letter was read from Rita Perstac,Community Development Director,which pre sented an ordinance setting up a reimbursement schedule for property where work was done in the third year of the Block Grant Program and specifies September 30,1992 as the termination date for reimbursement into the Mid-Peninsula Block Grant Special Revenue Fund. The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code,entitled "Water and Sewer Connections"by adding new sections was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None 3552 CITY COUNCIL MINUTES:4 November 9,1982 \0'rV eft 0 \<& VII.REFERRALS FROM COMMISSIONS ORDINANCE -AMEND ZONING MAP - 1ST READING A letter was read from Rita Perstac,Community Development Director,which pre sented an ordinance amending the zoning map of the city to designate the current industrially zoned land to Light Industrial.The Big Bend South Campus is a unique zoning situation in that it is a contract zone.That contract zone will remain until the property owners wish to have the zone changed.If that request is made,the Planning Commission is recommending that the property be zoned Light Industrial. The ordinance amending Section 18.09.010 of Chapter 18.09 of the Moses Lake Munici pal Code entitled "Zoning"and adding a new Section 18.09.025 to Chapter 18.09 of the Moses Lake Municipal Code entitled "Zoning"was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted and the second reading and a public hearing be set for November 23,seconded by Mr.Wallenstien, and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION LABOR AGREEMENTS -POLICE AND GENERAL EMPLOYEES A letter was read from Joseph K.Gavinski,City Manager,which presented the labor agreements for the Police Department and for the general employees.The contracts give a 5%increase to employees covered by the agreements. Mr.Edwards moved that both labor agreements be approved,seconded by Mr.Wallen stien,and passed unanimously. „WASTEWATER TREATMENT FACILITY -REFERENDUM 39 GRANT A letter was read from Joseph K.Gavinski,City Manager,which presented a grant contract submitted by the Department of Ecology and offering $4,787,500 to the city for the construction of the new wastewater treatment facility. Mr.Gavinski stated that the city's bond election has failed with only 59.34% voting in favor. Mr.Edwards moved that the City Manager be given authorization to sign the grant offer and the Public Works Department call for bids,seconded by Mr.Staat. There was some discussion by the Council on the time frame.Mr.Gavinski stated that this time frame was recommended by the consulting engineers and he gave the Council the outline. The motion passed unanimously. ^WASTEWATER TREATMENT FACILITY -STEP HI -PERSONAL SERVICES AGREEMENT A letter was read from Joseph K.Gavinski,City Manager,which presented the con tract with Pool Engineering,Inc.for services necessary in the construction of the city's wastewater treatment facility. Mr.Wallenstien moved that the City Manager be authorized to execute the agreement, seconded by Mr.Reese,and passed with Mr.Vernier opposed. WASTEWATER DISCHARGE PERMIT -UNION CARBIDE A letter was read from Joseph K.Gavinski,City Manager,which presented the five- year waste discharge permit between the city and Union Carbide. Mr.Edwards moved that the waste discharge permit be approved,seconded by Mr. Wallenstien,and passed unanimously. 3553 CITY COUNCIL MINUTES: 5 November 9, 1982 CLAIM FOR DAMAGES -WISEMAN Joseph K.Gavinski,City Manager,stated that Brenda Wiseman had filed a claim for damages with the city.The claim was sent to the insurance company which denied it.He stated that he would recommend that the Council also deny the claim. Mr.Wallenstien moved that the claim be denied,seconded by Mr.Reese,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS VIDEO GAMES Joseph K.Gavinski,City Manager,stated that he had received a call from Randy Thompson about a problem with the school children from Garden Heights spending too much time and money playing the video games at the gas station.He stated that he had informed Mr.Thompson he would bring it up to the Council but at the present time there is nothing on the city's books dealing with this subject. There was some discussion but no action was taken as the Council felt it was a school problem. WASTEWATER TREATMENT FACILITY Joseph K.Gavinski,City Manager,stated that he has received a number of calls concerning a special election to try to get the general obligation bonds on the wastewater treatment facility passed.He stated that if Council wished to hold a special election the ordinance authorizing it would have to pass the first reading at the next meeting since the County Auditor must be notified 45 days in advance that a special election is desired.He pointed out that a special election would cost the city approximately $6,000. ANIMAL CONTROL SHELTER Mr.Rimple stated that the Council has received an invitation to be at the dedica tion of the new animal control shelter built near the city's sewer treatment plant at the Grant County Airport.He also requested that a letter of commendation be presented to Buzz Bertram for all his help and expertise in getting the shelter built. Mr.Johnson pointed out that one should also be presented to the Job Corps for their help. The meeting was adjourned at 9:15 p.m. ATTEST: City Clerk /<202