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1983 02 083572 CITY COUNCIL CITY OF MOSES LAKE February 8,1983 Members Present:Norm Johnson,Wayne Rimple,Charles Edwards,Norm Staat,Harvey Vernier,Bill Reese,and Bob Wallenstien The meeting was called to order by Mayor Norm Johnson at 8 p.m. *Mr.Wallenstien moved that the minutes of the meeting of January 25,1983 be approved as submitted,seconded by Mr.Rimple,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $43,327.41 STREET 10,690.69 WATER/SEWER 23,745.56 WATER/SEWER CONSTRUCTION 841.90 SANITATION 22,953.24 UNEMPLOYMENT COMP.INSURANCE 2,506.01 CENTRAL SERVICES 2,758.04 BUILDING MAINTENANCE 323.75 EQUIPMENT RENTAL 13,703.31 FIREMENS PENSION 117.00 TOTAL $120,966.81 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. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -GRANT COUNTY SENIORS -BUS SYSTEM //<//> A letter was read from Bob Eash,Executive Director of Grant County Seniors,which requested a franchise for a bus transportation system in Moses Lake. Mr.Eash stated they would like to expand their senior and handicapped transporta tion to include the general public. Julian Agranoff stated they would be serving the college,the fairgrounds,Vista Village,Penn Plaza,Grant County Mall,the hospital,the Wenatchee Valley Clinic, the central business district,etc.This would serve about 70%of the population of Moses Lake.This is simply a proposed service area.He pointed out that it will be a fixed route and fixed time service.He also stated that a person could be picked up at their door if they live within two blocks of the route and if prior arrangements are made with the bus system. Mr.Eash stated that they would be adding two or three more vans to service the public.He stated that there are two surplus vans in Okanogan County at this time which they could get at no cost.He stated that in Moses Lake they have 5 vans with a total of 17 in the three county area. \t 3573 CITY COUNCIL MINUTES:2 February 8,1983 Mr.Johnson mentioned that Mr.Flagg had called and requested time to speak to the Council before a franchise is granted. Joseph K.Gavinski,City Manager,stated that the granting of a franchise is done by ordinance.He further stated that there are some legal requirements that must be considered in the franchise granted to Mr.Flagg before a franchise could be granted to anyone else. There was some discussion by the Council. Mr.Rimple moved that the City Manager be authorized to draft a franchise ordi nance,seconded by Mr.Wallenstien,and passed unanimously. V.ORDINANCES AND RESOLUTIONS \\j ORDINANCE -AMEND 3.30 UTILITY OCCUPATIONAL TAX -2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the city's utility occupational tax ordinance. The ordinance amending 3.30.050, 3.30.055,and 3.30.120 of Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"was read by title only. There was some discussion by the Council. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. fl;0 ORDINANCE -REZONE -WESTLAKE SHORES -2ND READING A letter was read from Rita Perstac,Community Development Director,which pre sented an ordinance changing Lots 1 - 7 of Phase II of Westlake Shores from R-l to R-2. The ordinance amending Section 18.09.020 of Chapter 18 of the Moses Lake Municipal Code entitled "Zoning"was read by title only. The public hearing was opened.There were no comments so the public response was closed. Mr.Edwards moved that the public hearing be closed,seconded by Mr.Reese,and passed unanimously. till Mr.Rimple moved that the second reading of the ordinance be adopted and the Find ings of Fact be approved,seconded by Mr.Rimple,and passed unanimously. ORDINANCE - SALES TAX - 2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance imposing the additional one half of one percent sales tax.He recommended that $100,000 of the anticipated revenue from the sales tax be placed in the General Fund with a corresponding reduction of the amount paid into the General Fund by the Water/Sewer Fund.He also recommended that the same amount be placed in the General Fund in 1984 and the remaining be split between the Street Construction Fund and the Street Overlay Fund.He mentioned that the tax would go into effect starting April 1,1983. The ordinance enacting a new Chapter 3.25 of the Moses Lake Municipal Code entitled "Sales and Use Tax:1983"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. Mr.Edwards suggested that since the street funds are still receiving revenue,he would like $100,000 to go to reduce the water/sewer rates plus an additional $100,000 be applied to a reduction of the city sewer rates and then the balance be given to the street funds. Q 3574 CITY COUNCIL MINUTES:3 February 8,1983 Mr.Rimple felt that only the originally proposed $100,000 should go to reducing the water/sewer rates.He felt that the tax received,less the $100,000 should go to the two funds proposed by the City Manager. Mr.Wallenstien stated that he was in agreement with Mr.Rimple as the intent of the legislature in allowing the one half of one percent sales tax was to replace the funds lost with the utility occupational tax reduction. There was some discussion by Council. Jim Whitaker,City Attorney,stated that this matter was tabled by Mr.Rimple at an earlier meeting and must be brought off the table before a motion to pass the ordinance can be made. Mr.Rimple moved that this item be brought off the table,seconded by Mr.Wallen stien,and passed unanimously. Mr.Wallenstien moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple and passed unanimously. ORDINANCE -CHAPTER 12.12 -AMEND WATER AND SEWER RATES -1ST READING_—————————~—————————————-——————————————/Cs /vj A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance amending the water and sewer rates for the city,and showing no increase in water and sewer rates for the residents of the Larson subdivision. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water and Sewer Rates"was read by title only. Steve Shinn,426 Crestview Drive,stated that the city is raising the water rates to help pay for the sewage treatment plant.He felt the sewer users should bear the major cost.He also stated that the proposed plant exceeds the capacity cur rently used and the increase in capacity is mainly for the industrial users.He felt the industrial and commercial users should pay for the plant.He stated that the previous City Manager had increased the amount paid into the General Fund from the general engineering expenses by an excess of $100,000.He stated that it has been increasing by a certain percentage each year and the Council was never given justification for the increase.He also stated that revenue generated by the utility tax on the increased rates will generate about $70,000 which will be put into the General Fund.He stated that in the original disucssions on the waste water treatment plant it was supposed to be a very basic plant with extra items put in as alternate bids.He felt the new plant is a cadi 11ac and he did not feel there was adequate review by Council or staff to reduce the plant to what was required by the state.He also felt that a public hearing should be held on this ordinance and it should take two readings.He felt the rates should be increased but did not feel the water users should bear the brunt of it. Mr.Rimple stated that if the sewer users paid for the plant the rates would be very high and it was felt it would be better to equate it out over all the rates. He pointed out that Mr.Shinn,while he was on Council,was appointed to review the design of the plant.One meeting was held with the architect and the design as approved was presented at that time. Robert Townsend,Public Works Director,stated that there were two or three meet ings held with three or four concepts presented and the design of the roofs was discussed with the peak roof being decided upon. Mr.Rimple stated that a meeting was held to choose the final design of the plant and Mr.Shinn was not at that meeting.He pointed out that this thing has been going on quite a while and at the last minute objections ar&presented. Mr.Shinn stated that he and Mr.Johnson were kind of the liaison between the architects and engineers and the Council.He stated that at the time he left the Council there was no final plan.He was under the impression that there would be minimum requirements with extras bid as alternates. Mr.Gavinski stated that he had given the Council a revised ordinance which cleaned *rup some of the language in the ordinance.He further stated that the ordinance,if passed,will become effective with billings after March 1,1983.He also dis tributed Schedules U,X,and Z which were prepared at the Council's request.He went over the schedules with the Council. \0 3575 CITY COUNCIL MINUTES:4 February 8,1983 Mr.Edwards stated that he is in favor of having rates inside and outside the city the same.He stated that those outside the city have the opportunity to annex but have not done so and that Schedule B,which was proposed at the study session,is the best route to go. Mr.Wallenstien stated that he agreed with Mr.Edwards on the annexation question and proposed raising the surcharge to areas outside the city to 50%and give those areas approximately 6 months to annex. Mr.Rimple stated that he agreed but did not feel it should be placed into the ordinance at this time.He felt the Council should indicate that the areas outside the city would be welcome in the city and a separate resolution should be passed allowing them six months to start the annexation proceedings. Mr.Edwards pointed out that annexation proceedings need to be started by the people outside the city,not the Council.However,the Council can assess fees on those areas which are receiving city services. Mr.Rimple stated that he felt the areas outside the city limits should maintain the current rates and he would be in favor of Schedule Z. Mr.Rimple moved that the ordinance be adopted on its first reading using the figures as presented in Schedule Z,seconded by Mr.Wallenstien,and passed with Mr.Vernier opposed. Mr.Rimple stated that he would like a resolution to come back at the next meeting which states that the areas outside the city limits receiving city services have 6 months after March 1 to start annexation proceedings or the surcharqe will be increased to 50%. 7 ORDINANCE -CHAPTER 10.12 -PARKING REGULATIONS -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance restricting parking in the lot across from Able Building Supply and Paul's Equipment since people park in this lot all day which restricts the lots usage by patrons of Able Building Supply and Paul's Equipment. and/or a u x-4.t i •*J0n 10.12.035wasreadbytitleonly. The ordinance designating certain street areas where stopping,standing,< parking is regulated,restricted,or prohibited thereon by amending Sectii Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Staat,and passed unanimously. l RESOLUTION - SPRING FESTIVAL A letter was read from Joseph K.Gavinski,City Manager,which presented a resolu tion concerning the Moses Lake Spring Festival to be held May 27,28,and 29,1983. The resolution reflects the Council's intent with regard to the extent of the city's monetary and in-kind participation.The amount the city will absorb as in- kind financial expenses for garbage pick-up and dumping fees had not been indicated by Council at the last meeting,so it will need to be addressed at this time. Also,the city will pay up to $1,800 for advertising expenses. Mr.Gavinski stated that the city expended $800 last year for the in-kind services which the city provided. There was some discussion by the Council on the amount the city should pay in in- kind services. The resolution regarding the Moses Lake Spring Festival to be held May 27 through May 29,1983 was read by title only. Mr.Edwards moved that the resolution be adopted with the addition that the city pay up to $800 for garbage pick-up and dumping fees,seconded by Mr.Wallenstien, and passed unanimously. 3576 CITY COUNCIL MINUTES:5 February 8,1983 VI.REQUESTS TO CALL FOR BIDS None VII. REFERRALS FROM COMMISSIONS None VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION None IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS None The regular meeting was recessed at 9:05 p.m.and the Council met in an executive session to discuss litigation.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. UJaJJj^cA City Clerk