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1985 02 263805 CITY COUNCIL CITY OF MOSES LAKE February 26,1985 Members Present:Norm Johnson,Bill Reese,David Chandler,Wayne Rimple,Norm Staat,Bob Wallenstien,and Charles Edwards The meeting was called to order at 8 p.m.by Mayor Johnson. BOY SCOUTS The Boy Scouts accompanying the Councilmen introduced themselves and told which troop they were from. Mr.Wallenstien moved that the minutes of the meeting of February 12 be ap proved as submitted,seconded by Mr.Edwards,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $33,689.52 STREET 6,165.70 URBAN ARTERIAL 12.09 STREET IMPROVEMENT 36.73 WATER/SEWER FUND 14,448.56 WATER/SEWER CONSTRUCTION 46.42 SANITATION FUND 8,981.62 CENTRAL SERVICES 2,541.49 EQUIPMENT RENTAL 5,723.41 TOTAL $71,645.54 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr. Chandler ,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 HAZARDOUS WASTE FACILITY Steve Frazier,Grant County Public Involvement Committee,presented a letter requesting the Council to pass a resolution opposing a hazardous waste dis posal facility adjacent to the Columbia River. It was the consensus of Council that a resolution be brought back at the next meeting. II.CONSENT AGENDA -None III.CONSIDERATION OF BIDS VEHICLES A letter was read from Rita Perstac,Municipal Services Director,which pres ented the bids for six vehicles. A letter was read from the Public Works Superintendent concerning the vehicle bids. There was some discussion by the Council and staff on the different bids pres ented.Mr.Edwards pointed out that going with the state bid would save the city close to $10,000.Mr.Johnson stated that he would like to see what the state is offering on the cars as compared to the local dealers since the price differences are so great. Action Taken:Mr.Wallenstien moved that the vehicles be purchased from the state bid,seconded by Mr.Chandler. //?? /O/7 ^ I0# 3806 CITY COUNCIL MINUTES:2 February 26,1985 Mr.Edwards moved that the motion be amended to itemize the cost as follows: sedan -$6,990.12;4x4-$7,503.78;1/2 ton pickup -$6,941.64;and 1 ton pickup -$8,822.86,seconded by Mr.Chandler. Mr.Reese stated that buying from the state bid causes a lot of hard feelings in the local dealers. The motion to amend the motion passed unanimously. The motion failed with Mr.Edwards,Mr.Wallenstien,and Mr.Chandler in favor and Mr.Johnson,Mr.Reese,Mr.Rimple,and Mr.Staat opposed.f~* Mr.Rimple pointed out that if the vehicles are bought from the state bid it will increase the work load for the city's mechanic.' ' Mr.Chandler pointed out that by going with the state bid the city would save 27%on the sedan,15%on the 4 x 4 pickup,14%on the 1/2 ton pickup,and 23% on the 1 ton pickup. There was some discussion by the Council on the difference in price between the state bid and the bids from the local dealers. Action Taken:Mr.Reese moved that the state bid be accepted for the sedan and the 1 ton pickup and the other vehicles be purchased locally from the low est bidder,seconded by Mr.Johnson. It was pointed out that the local bids are more than 10%over the state bid. Mr.Rimple stated that the Council has not always foil owed the policy of buying locally when the local bid is 10%more than an out-of-city bidder. Joseph K.Gavinski,City Manager,stated that the policy of buying locally if the price is not more than 10%over an out-of-city bid is mainly for items that do not come under the bid laws.He pointed out that the Council has the responsibility to award bids to the lowest responsible bidder.He stated that the bid from the state is not really a bid since the state's contract for *-* vehicles has already been awarded at those prices. James A.Whitaker,City Attorney,stated that the state bids for a set number of cars at a certain price and also informs the factory that there may be ad ditional municipalities wanting to purchase cars but the state is only obli gated to take those cars it has requested.He pointed out that the state con tract price offered is not a bid for bid purposes.When the city purchases a vehicle on the state contract,the vehicle comes from a dealer. The motion passed with Mr.Johnson,Mr.Rimple,Mr.Reese,and Mr.Staat in favor and Mr.Chandler,Mr.Edwards,and Mr.Wallenstien opposed. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION - MOSES LAKE SPRING FESTIVAL COMMITTEE A letter was read from Howard Wagner,President of the Moses Lake Spring Fes tival,which requested time on the Council agenda to request the resolution relating to the Spring Festival be expanded to include a triathlon and soap box derby. Mr.Wagner stated that the resolution needs to be expanded to include these two items and that the Committee will not be requesting more funds than were provided last year.>—| It was the consensus of the Council that the resolution be expanded to include the triathlon and the soap box derby and be brought back to Council. V. ORDINANCES AND RESOLUTIONS ORDINANCE -PARKING REGULATIONS -2ND READING A letter was read from Joseph K.Gavinski,City Manager,which stated that Our Lady of Fatima Catholic Church has requested a loading zone to be located in front of the church. 3807 CITY COUNCIL MINUTES:3 February 26,1985 The ordinance amending Moses Lake Municipal Code Chapter 10.12 entitled "Park ing Regulations"was read by title only. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCE - GRANT FRANCHISE -PUD - 2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordinance granting a franchise to the PUD. The ordinance granting to Public Utility District No.2 of Grant County a franchise to construct,operate and maintain the Moses Lake Substation to Pen insula Substation electrical transmission line and distribution underbuild and to use and occupy Stratford Road,the Alder Street Fill,and a crossing of Broadway Avenue in the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Chandler,and passed with Mr.Reese opposed. ORDINANCE -CLOVER DRIVE ANNEXATION - 1ST READING A letter was read from Rita Perstac,Municipal Services Director,which pres ented an ordinance annexing a mile long 30'wide strip right-of-way along the eastern boundary of Clover Drive,between Clover Drive and Highway 17. 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 and providing for the assumption of existing indebtedness was read by title only. Action Taken:Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS -None VII. REFERRALS FROM COMMISSIONS LPS CHURCH FIRST ADDITION PRELIMINARY PLAT A letter was read from Rita Perstac,Municipal Services Director,which stated that the Church of Jesus Christ of Latter-Day Saints is planning to construct and operate a new church building on the east side of Grape DRive,just north of Valley Road.City water and sanitary sewer will serve the plat from Grape DRive.The church is proposing 2 left turns from Grape DRive to their proper ty.As approved by City Council on July 24,1984 the church will reimburse to the city the value of the landscaped median removed and removal will be at no cost to the city.The Planning Commission recommended to the Council that this preliminary plat be approved. Action Taken:Mr.Rimple moved that the preliminary plat be accepted along with the Findings of Fact,seconded by Mr.Chandler,and passed unanimously. RESOLUTION - BUILD ON UNPLATTED PROPERTY -STOREY COMPANY A letter was read from Rita Perstac,Municipal Services Director,which stated that the Storey Company in Wenatchee has requested permission to construct a sign on unplatted land,Tax #5655.The sign will be located 550 feet north of Barbara Street on W.Broadway on land owned by The Bell Group.The area is zoned C-2,Limited Commercial,and the sign will be 8'x 16'back to back. The Planning Commission recommended to Council that this request be approved. The resolution allowing the Storey Company to build on unplatted property was read by title only. Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by Mr.Rimple,and passed with Mr.Edwards opposed //^ /Oof ;.jj £ //*?<>/ H°\ 09 4 3808 CITY COUNCIL MINUTES:4 February 26,1985 VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION CONTRACT -SENIOR OPPORTUNITIES CENTER A letter was read from Joseph K.Gavinski,City Manager,which presented a contract between the city and Senior Opportunity and Services.The agreement and the amount of money paid to the Seniors was discussed and agreed upon during consideration of the 1985 budget.Authorization was requested for the City Manager to sign the contract. Action Taken:Mr.Edwards moved that the City Manager be authorized to sign the contract,seconded by Mr.Reese,and passed with Mr.Rimple abstaining. CONTRACT -ARKITEX -CITY HALL REMODEL A letter was read from Joseph K.Gavinski,City Manager,which presented an agreement between the city and Arkitex,Inc.,P.S.with regard to the ar chitectural services required on the remodeling of City Hall.Authorization was requested for the City Manager to sign the contract. Action Taken:Mr.Wallenstien moved that the City Manager be authorized to sign the contract,seconded by Mr.Rimple,and passed unanimously. Mr.Gavinski stated that Council had requested the Engineering Building and the Soil Conservation Building be appraised.The Soil Conservation Building was appraised at $68,500 and the Engineering Building was appraised at $72,500. CLAIM AGAINST THE CITY -MAIERS A letter was read from Joseph K.Gavinski,City Manager,which stated that Pamp Maiers has filed a claim against the city for garbage service being pro vided to a piece of property owned by Mr.Maiers and leased or rented to an other individual.According to statute,a lien for the provision of garbage service provided but not paid for has been filed against the property.It is recommended that the claim be denied. Mr.Gavinski,City Manager,stated that a letter had been received from Larry Larson,attorney for Mr.Maiers,requesting the lien be released.He stated that all statutory requirements have been followed.He stated that staff goes through the garbage only accounts about twice a year to see who has not paid as there is not sufficient staff to do it on a monthly basis.He further stated that the city has no way of knowing for sure if the person requesting garbage service is the property owner until a lien is filed because a lien requires a legal description which shows who the property owner is. Mr.Edwards felt that closer follow up should be maintained. Action Taken:Mr.Wallenstien moved that the claim of Pamp Maiers be denied, seconded by Mr.Chandler. Mr.Wallenstien felt that Mr.Maiers should be looking to the renter for pay ment of the garbage. Mr.Edwards wanted to know if Mr.Maiers had signed up for the garbage.It was pointed out that Mr.Miller had signed up for the garbage service. Mr.Chandler wanted to know how long a bill is delinquent before anything is done on it.Mr.Gavinski stated that the garbage only accounts are more dif ficult to keep track of than water/sewer accounts since the city cannot dis continue service.A check is made of the garbage only accounts when staff has time available.He stated that the city has about 375 garbage only accounts. Mr.Edwards pointed out that Mr.Maiers did not know about the non-payment of garbage until January. The motion passed with Mr.Johnson,Mr.Staat,Mr.Chandler,and Mr.Wal lenstien in favor and Mr.Edwards,Mr.Rimple,and Mr.Reese opposed. 3809 CITY COUNCIL MINUTES:5 February 26,1985 The Council discussed various solutions to the problem of garbage only ac counts.It was suggested that if a person requests any dumpster 1 yard or over that a letter from the property owner be on file with the city.It was also suggested that a deposit be made with the city when a 20 yard or larger dumpster is requested. It was the consensus of the Council that the ordinance be amended to require a three month deposit on garbage only accounts for 10 yard or more drop boxes when the service is requested. GROWTH MANAGEMENT Joseph K.Gavinski,City Manager,stated that growth management has been dis cussed by staff for the past several years and needs to be considered by the Council.Last June the Council decided that a formal growth management plan would be appropriate because of the development occurring in and around Moses Lake.After discussions with the Municipal Services Director it was deter mined that a Growth Management Plan could be developed by city staff.He stated that the plan developed by Spokane will be used as a reference and guide by the city in the development of the Growth Management Plan.Au thorization is requested for city staff to proceed with this project. Action Taken:Mr.Rimple moved that city staff be authorized to proceed with the Growth Management Plan,seconded by Mr.Wallenstien,and passed unanimously. FEBRUARY 12 MINUTES -REAFFIRMATION A letter was read from Joseph K.Gavinski,City Manager,which suggested that the Council,by motion,reaffirm all actions taken at the February 12 meeting. Action Taken:Mr.Chandler moved that the Council reaffirm the actions taken at the February 12,1985 Council meeting,seconded by Mr.Edwards,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS -None X.CITY MANAGER REPORTS AND COMMENTS SEWER RATES S£03 Joseph K.Gavinski,City Manager,distributed to Council an article on sewer rates from the Seattle Post-Intelligencer of February 19,1985. MOUNT ST.HELENS Joseph K.Gavinski,City Manager,stated that he had attended an AWC meeting in which it was stated that some cities had been overpaid for the damage done by the eruption of Mount St.Helens.He stated that if the current schedule remains in effect,the city will be requested to re-pay the state $38,000.He stated that the Washington State Department of Community Development is not happy with this and has introduced legislation that would forgive the repay ment of the funds as there are other costs that have been incurred that were disallowed by the federal government. The regular meeting was adjourned at 9:20 p.m. ATTEST 0^ /JjS BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF LDS CHURCH FIRST ADDITION PRELIMINARY PLAT FINDINGS OF FACT,CONCLUSIONS, AND DECISION 3809a This matter,having come on before the Moses Lake City Council for action on February 26,1985,now makes the following:,ALt FINDINGS OF FACT 1.The Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter Day Saints,a Utah Corporation,has submitted a preliminary plat for 4.26 acres of land located on Grape Drive,south of the Baptist Church School. 2.The area is zoned R-3,Multi-Family Residential,and churches are permit ted as a conditional use. 3.The Planning Commission previously approved a conditional use permit for the construction and operation of a church in an R-3 Zone and a variance (as part of the conditional use)for a 60'high free standing steeple. 4.City water is available to the property.City sewer will be extended along Grape Drive from Loop Drive through the plat. 5.The church is proposing two entrances into the church property and some adjustment on the left turn lanes and landscaping removal will be neces sary.Negotiations will be held with the Park and Recreation Director and City Engineer on the landscaping removal and left turn lanes. 6.At the July 24,1984 meeting,City Council approved the Church's concept of landscaped median removal with the condition the Church reimburse to the city the value of the landscaped median removed and removal be done at no cost to the city. 7.A public hearing scheduled upon notice before the Planning Commission on the issue of platting the land in question was held on January 24,1985. 8.There were no comments from the audience at the public hearing and no written protests were received. 9.The Planning Commission recommended to the City Council that the prelimi nary plat be approved. 'CONCLUSIONS 1.The City Council of the City of Moses Lake is vested with the authority and has the jurisdiction under the law to approve a preliminary plat within the city's corporate limits if the criterion required by law is met. 2.There appears,after the public meeting before the City Council,no op position to the approving of the LDS Church First Addition Preliminary Plat. 3.Since the City of Moses Lake is cognizant of the need to serve the wel fare and best interests of the entire community,the City Council of the City of Moses Lake believes that approving the LDS Church First Addition Preliminary Plat would serve the best interests of the residents of the City of Moses Lake and bear a substantial relationship to the public wel fare of the entire community. DECISION 1.The LDS Church First Addition Preliminary Plat is hereby accepted. CITY OF MOSES LAKE rrman Jo Mayor