Loading...
1971 08 241628' COUNCIL MINUTES -Regular Session August 24,1971 Council Chambers 8:00 P.M. Members present:Councilman Robt.E.Hill,W.B.Moe,Norman W.Johnson, Gordon M.Ebbert,Otto M.Skaug,Ernest V.Lindell and Michael Boyle. Mayor Skaug called the meeting to order.Minutes of the previous council meet ing of August 10,1971 were approved as written upon a motion by Hill;second by Johnson.Motion carried. REGULAR BILLS TOTAL AMOUNT PAID GENERAL $2,477.00 STREET 3.97 PARKS 14,934.62 LIBRARY 1,388.5.0 URBAN ARTERIAL 513.15 WATER/SEWER 5,469.89 EQUIPMENT RENTAL 750.50 Motion by Moe that the vouchers submitted be paid.Second by Lindell. Motion carried. Warrant No's.984 -#1047,in the amount of $25,537.63 were approved for payment. CONSIDERATION OF BIDS -PIONEER WAY PHASE II-A -LANDSCAPING A letter was read from Wm. R.Skeels,Park &Recreation Director, stating that JO/*? bids were opened for the Beautification and Erosion Control of Pioneer Way on Wednesday,August 18,1971.Three bids were received,of which the bid of Griffith and Estes (Irrigation Rental,Moses Lake)for $28,838 was low.After discussing the project in detail with the firm and having their assurance that no errors had been made in preparing the bid,he recommended that the City Council award the contract to Griffith and Estes (Irrigation Rental,Moses Lake). Councilman Hill asked Rich Weaver,Public Works Director,-If the bid is accepted by the Council,what would be the starting date.He was informed, ten days after notification of the award. Motion by Hill tfiat the bid of Irrigation Rental be accepted'.Second by Boyle. Motion carried. CONSIDERATION OF BIDS -FIFTH AVENUE,LOCUST LANE AND ALDER STREET CONTRACT 71-05 -PAVING /o/9 A letter was read from Richard L.Weaver,Public Works Director,stating that bids were opened on August 19,1971 on the above project.In all three sections costs averaged approximately 11%over the engineer's estimate.The reasons for these price increases are due to (1)small work areas and disbursal of jobs; (2)increased labor costs;and (3)increased material costs.All three sections nf the project have over-run authorized Urban Arterial costs approximately as follows: $15,000 -Locust Lane;$5,000 -Fifth Avenue;$3,000 -Alder Street. The figures take into account the fact that the Urban Arterial Board staff has already made a commitment to provide us with 10%over-run monies on the three projects. J He also stated in his letter that changes have been made in the design features /onall three phases and submitted a negotiated proposal inthe amount of $105,588.60 M in place of the bid of $110,654.60 submitted by McAtee &Heathe,Inc.,the only bidder on the projects,and recommended the City Council accept the negotiated proposal,and authorize the City Manager to the sign the contract with McAtee and Heathe,Inc. He further stated that the City proposes to obtain the deficit funds from the half- cent Arterial Gas Tax Monies,and we have received assurance from the Washington State Highway Department that the monies will be approved. Councilman Johnson -When are they starting on this ? Pub.Wks.Director,Weaver -Next Monday,and anticipate finishing all three projects by September 20th. 1629 \0> August 24,1971 Councilman Ebbert -Why is it that Locust Lane ran so much higher than the rest? Weaver - A small job with all the problems of a large one.The estimate was based on the fact that we could save the existing paving,but could not -had to take the street upland also put in a storm drain system.. Councilman Hill -Would we have been better off to include these jobs with Wheeler Road at the same time? Weaver - It appears so now,but we thought we could get a better price. Councilman Hill -You mentioned in your letter the 1/2C Arterial G3S Tax Monies. Isn't this to be used someplace else? * Pub.Wks.Director -No,that is the 1/2£we have been holding and not used iti This is disbursed to the cities for maintenance only and part is disbursed to the cities for arterial construction projects.Since we have been in the Urban Arterial Projects we have just accumulated this in the fund,and this is the first time we have been forced to use it. Motion by Hill that the negotiated,bid .of McAtee &Heathe,Inc.,for the sum of $105,588.60 be accepted.Second by Johnson.Motion carried. MISCELLANEOUS Councilman Hill - It is some time that we have had the Computer,and I think the time has come,and it is about time we get a print out to look at regarding income data from the computer,in order to look at the rest of the year. Mayor Skaug -Mr.Davenport is not here,but I was assured we will have it next month,hopefully. Councilman Hill -We have been told this for some time. ORDINANCE NO.629 -TRAFFIC CODE (second reading) Mayor Skaug commented that this portion of the meeting will be conducted as a public hearing regarding this ordinance,and proceed along with that in mind. There were no comments from those attending,and he closed the public hearing as far as the public is concerned,and turned the hearing over to the Council. Police Chief Bjork was present to assist or answer any questions. Councilman Hill -addressed his question to City Attorney,John E.Calbom,as to the President's freeze.Does the meter bag charge become involved in the program ? City Attorney Calbom - I suggest you call the Internal Revenue Service in Seattle, -and they would probably not know either. Mayor Skaug -Interest and taxes are not affected. Councilman Hill -This does not come under taxes. Mayor Skaug r-They can-perhaps be instructed it be held in abeyance until the 90 days are over. Councilman Johnson -Do you feel that the 50$is a real necessary move to increase our rates from 25£to 50£? Police Chief Bjork - I think it is a valid increase.At the present time the 25£ is adopted by the Court,and this was the popular thinking in all cities,to give them a small rate for violation for the first hour to save further enforcing action. The increase will at least pay for the time and the ticket that it is written on. Mayor Skaug - I do know,in running my store,it would run 50£a copy regarding invoices. Councilman Ebbert -If this was a Court action,why is it Council action at this time? Police Chief Bjork -Most cities have rewritten their ordinance to include this particular item.When set by ordinance we can print our tickets with that on it, as it is now,a Judge can change his mind..We never felt we could print up our tickets for that reason,and^herefore,had to hand stamp them. August 24,1971 Councilman Ebbert-Eliminating these 12-minute meters at the Banks,docs that make all the meters the same ? Police Chief Bjork -Except at the Post Office,12-minute meters are there. Councilman Boyle -This was a question in my mind - they have parking space, aren't we being a iittle discriminatory in regards to the Banks? Police Chief Bjork - If you watchthat parking in front of the Post Office, it is pretty fast,much morethan at the Banks,and the Post Office does not have a drive-in window. Councilman Johnson -The Post Office is a public service,where the Bank is a privately owned business. Councilman Boyle -We were talking about the Central Businessmen and giving them an advantage over the other businesses.The point in mind is,who are we doing the service for,for the citizen,for the Banks ortie Post Office? Councilman Johnson - In front of the Post Office,we are doing it for the citizen. Councilman Boyle - I would question this,going into the Post Office,-they are also going across to Staats,Chief Applicance,etc. Councilman Moe -Would you go along,that the highest percentage goes to the Post Office ? Councilman Boyle -Your stay in the Post Office would be longer than at the Bank. Councilman Hill - I would disagree. Councilman Boyle -At Christmas time? Councilman Hill -Go to the Parking Lot. Councilman Boyle -Once again -are we doing it for the citizen or the businesses? Mayor Skaug - I think there is a feeling here -whom are we serving,our own public,or the particular enterprises with the facilities in front of their business? I think there is a combination there of service for the people and enabling them to get a spot being vacant every 12 minutes,and for the establishment it is secondary. Councilman Johnson -At the last meeting we were concerned about the 25£to 50£. It is a valid charge if we need the money to pay for the tickets,but to keep up with other towns,that is a different story. Councilman Moe -What about Ephrata,what do they charge? Police Chief Bjork =They charge $1.00,and do not allow the 25r within the hour. Councilman Johnson - For the purpose given it would be in their favor in Ephrata. They do not have the parking meters on Saturday in Ephrata.This,all enters into it a little bit. Councilman Boyle 7 One thing to consider is,would we be doing the businessman a favor taking the parking fine,would this keep traffic moving a little faster? Councilman Johnson - If he is willing to pay the 25£,I think it is well and good. Motion by Moe to retain the 25$fee if paid within the first hour.Second by Johnson. .Councilman Hill - I disagree with the two gentlen©n..The traffic meter is not a revenue getter,but to move traffic,,and the 50£is a slight deterrent to move traffic and make available more parking in front of the businesses.I oppose the motion. Councilman Ebbert - to the Police Chief =What is your idea on this? Police Chief Bjork - We felt 25$was an unrealistic amount, considering printing the ticket and maintaining the records is far more in cost than 25$. The question was called for. The motion failed.In favor:Moe and Johnson, Against:Hill,Ebbert,Skaug,Lindell and Boyle. 1636 16.n August 24,1971 Johnson moved to close the public hearing.Second by Boyle.Motion carried. Motion by Ebbert to adopt the Ordinance with the changes as recommended. Second by Hill.Motion carried. RESOLUTIONS -TRAFFIC.CODE , fO?1 RESOLUTION NO.534 -DESIGNATING CERTAIN CITY STREETS AND ALLEYS FOR ONE WAY TRAFFIC AS AUTHORIZED BY ORDINANCE NO.629,Section 87 (46.14.133(1)). Motion by Hill to adopt Resolution No.534.Second by Johnson.Motion carried. IQ>7 RESOLUTION NO.535 -ESTABLISHING PARKING METER ZONES AND PRESCRIBING THE MAXIMUM LENGTHS OF TIME FOR WHICH VEHICLES MAY PARK IN THE PARKING METER ZONE AS AUTHORIZED BY ORIDNANCE NO.629,Section 87 (46.14.133(3)). Motion by Johnson to adopt Resolution No.535.Second by Boyle,but noted re objected to Section (B)(12-minute parking meters in front of Post Office). Motion carried. A?7 RESOLUTION NO.536 -DESIGNATING CERTAIN STREET AREAS WHERE STOPPING, STANDING AND/OR PARKING IS REGULATED,RESTRICTED,OR PROHIBITED THEREON. Councilman Moe -What is the reason for "no parking"3:A.M.to 5:A.M. Mayor Skaug -In order to clean the streets. Councilman Ebbert -How will that be enforced,by marking tires? Police Chief Bjork -Yes,by marking the tires. Motion by Lindell to adopt Resolution No.536.Second by Hill.Motion carried. ,77 RESOLUTION NO.537 -DESIGNATING CERTAIN STREETS AS PART OF THE ARTERIAL ''STREET SYSTEM AS AUTHORIZED BY ORDINANCE NO.629,Section 87 (46.14.133(2)). Councilman Moe - I can't identify Ring Road. Pub.Wks.Director Weaver -It is a conceptual arterial - a future road. Motion by Boyle to adopt Resolution No.537.Second by Lindell. Councilman Ebbert -Grape Drive is listed as a Collector Arterial and also Conceptual Arterial. Public Wks.Director Weaver -looking at it as an extension by Dale with extending Central to Ring and Grape Drive at about Dale Road to Central. The question was called for -motion carried. ,/-*Councilman Lindell -Nowtiat we have completed adopting the Traffic Ordinance "fo I would like to propose a Resolution to recall all the meter hoods and re-issue them according to the new ordinance, at the new figure. Also if they qualify with in the ordinance,because there are approximately 9 hoods out and according to the ordinance they would not be allowed to have the meter hoods. Mayor Skaug - I think it should be based on the date the new ordinance goes into effect.What is your feeling on that Chief Bjork? Police Chief Bjork - I think it is a legal question whether their rating would allow them to go on. Councilman Hill -Aren't most of them to January 1? Chief Bjork - I think most of them are. Mayor Skaug -Can this be referred to the City Attorney and have him look into that particular area of the bag rental charge when it becomes effective. 1652August24,1971 City Attorney Calbom:- I am sure there is no particular authority that I can rely upon and try to come up with a prepared answer.I know there is no place for me to go on a question such as this.I think the new law,on the basis of "police power",it is a regulatory rather than a fee raising device,and that is the basis of parking meters.Consequently it seems tome the rew ordinance would cover the allowance of certain meter hoods to continue,or if there is a.question,then a re bate of any unused portion of the fee.That would be my opinion and I doubt whether I could improve on that opinion.. Mayor Skaug - It would seem reasonable if that were followed,that the length of time the individual or company that enjoyed the meter bag,could be pro-rated for.the time they had it and applied on the next one. Attorney Calbom -When the new ordinance takes effect and there is a hood out that is not in compliance with the ordinance in it not being a traffic control device, then that hood should be recalled and the unexpired portion should be pro-rated and refunded. Mayor Skaug - Does that meet with the concurrence of the Council? Councilman Ebbert - Are we recalling all of them or only those determined not to be legal? Mayor Skaug - I think they would all come under examination of the department regarding continuance of that particular meter bag. Councilman Lindell - I would like to put that in a form of a motion and reissue meter bags in accordance with the wording of the ordinance.If there has to be any reimbursement then it should be done,but the new fee should be issued.Second by Boyle. Councilman Hill - I completely disagree with Councilman Lindell.It appears there are some of the Council members that have bags.There are only about 15 or 17 bags out.The monetary gain to the City is not a point.I have a bag and I am willing to pay the additional fee for the remaining use. Councilman Lindell - I did not makethe point because there are bags out.They should not have been issued.No passenger car should be parked by a meterwith a bag over it. Councilman Hill -Why are we making a Resolution then? Councilman Lindell - I am making a motion. Mayor Skaug - I thinkwe can re-examine the reason for reissuance. If they all qualified once,they can all qualify again. Councilman Johnson - I would have an unfair advantage - I drive a truck. Councilman Lindell -That is part of the wording in the ordinance. The motion was voted upon -Motion Carried.In Favor:Lindell,Boyle,Ebbert and Skaug.Against:Hill,Moe and Johnson. TUSTICE COURT DISTRICT -PETITION TO ESTABLISH A MUNICIPAL DEPARTMENT UNDER THE TUSTICE COURT ACT.J/O^ A letter was read from the Police Chief "Al"Bjork,referring to a letter from the Prosecuting Attorney and a Resolution passed by the Board of County Commissioners. 1 The Justice Court Act was originally passed by the Legislature in 1961 ,updating the *^lower court systems for the State of Washington and giving wider jurisdiction to the court processing,such as criminal warrants. At the present time Grant County is one of the very last counties to adopt the District CounLgystem and this they plan to do,making it effective January 1,1972. They are inviting us,together with other cities,to have a meeting of the minds on September 14, 1971. The Petition is concurrence of the Moses Lake City Council to be included in this consideration. 163$August 24,1971 Chief Bjork further explained that previous to the last session of the Legislature, the District Court Act,if adopted by the County Commissioners,would necessitate three districts within the County,of which Moses Lake would be one district in tiiis area.Studying the operation of the District Courts in the various counties,wo felt this was not the best system and we went to the Legislature askina thnni to pass a law enabling us to have one full time Judge.This law was passed at the last session of the Legislature allowing Grant County to have one District Court Judge.. Moses Lake,being of the population we are,have two alternatives,we can operate as now,completely separate of the District,or we can ask the Commissioners for a creation of a Municipal District within the District.Other surrounding cities are operating under the duly elected District Judge which also hears violations of City ordinances and they pay a portion of the judge's salary for hearing violations of city ordinances.This gives us wider jurisdiction on our warrants.Presently our bounda- ries are the city limits,and in justice court districts,our jurisdiction would be state wide. For the District Court System to work,the best is to cooperate with the Justice Court District and create a Municipal Department within the Justice Court District. We will still maintain our records here within the Police Court and the City will still employee a Police Court Clerk.We will negotiate with the County Commissioners, either to pay a portion of the share of the time we use the District Judge, or his Commissioner,or settle with them on a flat rate. As to where the office will be located depends on a work load of court cases of the County and this would be the center and maybe the central office for the District Court for the County.When the office is created,the District Court Judge will be appointed by the County Commissioners until the next election,then he is to be elected by the populance.In addition to the judge to maintain and take care cf the work load,authorization is given by law to appoint a Court Commissioner,who has jurisdiction and powers in criminal cases that the District Judge sets up for him.If a case would have to be heard in another city,the Court Commissioner would go there.It gives us a legal machine for having a pro tern judge. We believe it would be a real sensible alternative here to create a Municipal 1 Department in the District Court.If for some reason that it did not work to the Council's satisfaction,any year,30 days prior to February 1,you can dissolve this Municipal Department and go back to any Police Court system.This is in the State Law;you are not locked into the system. Councilman Hill -This Justice Court -will be herein Moses Lake? Mayor Skaug -It is hoped that we would secure the services of that judge a greater length of time than than any city that would not require that amount of work load. Councilman Lindell -If we accpet this,would we have Judge Greenwood? Chief Bjork r When this system goes into effect and we request a Municipal District,the County Commissioners will appoint a District Court Judge and they will locate him either in Moses Lake or Ephrata as the central headquarters. That could be any local attorney. Councilman Hill -Would that eliminate JP's in the County.If this goes into effect,would that just eliminate their job? Chief Bjork -It eliminates them as a Justice of the Peace. City Attorney Calbom -The.system has not been adopted.That is what the meeting is for.The only reason is to expressthat the City would like a District Court Department.We can even withdraw that Petition later after we see that system and adoption of the District Plan by the County Commissioners.This is to give them an indication so they can make a plan and develop a budget,and how much time each town would use a judge,put the district together and re commend it to the Committee.The Petition shows the Committee what we want. Councilman Ebbert - If the Court would be located here,would that mean Quincy and Ephrata would have to bring their cases here? Chief Bjork -No,a Court Commissioner would go there. n August 24,1971 1634j City Attorney Calbom -You would have a Commissioner for instance in Quincy, so it would be disposed of instead of the District Judge traveling.He would hear only the contested material. Councilman Hill - Do you approve of this system? City Attorney Calbom - I definitely do, and I feel if it is going to work it would add some stature to the District Court,and the City should cooperate by becoming a part of the system rather than go it alone.I would rather do*ubt it to be very feasible for the City to stay out of the system and have the County paying $20,000 for a District Court Judge,instead of each city paying each judge combined probably a greater amount.It would be less expensive to cooperate in this system. The Petition was read by title only. m Motion by Hill to adopt the Petition for submittal to the County Commissioners. Second by Boyle.Motion carried. Councilman Hill volunteered to serve on this Committee to attend the meeting in Ephrata at 9:A.M.on September 14,1971. SEWAGE TREATMENT PLANT CONSTRUCTION GRANT -GRANT COUNTY AIRPORT A letter was read from City Manager,Chester L.Waggener,stating he was en-/^< closing a letter from Governor Evans,along with a letter from the Department of Ecology,notifying us of a grant approval in the amount of $384,770 to assist in financing the Grant County Airport Sewage Treatment Plant modification.This will provide 45%of the estimated construction costs. In accordance with stipulations set forth in the letter from the Department of Ecology,the City Manager requests authorization to submit a letter stating that the City of Moses Lake is willing to accept a federal grant reduced below the statutory minimum of 30%eligible costs.The remaining amount is being prefinanced by the State of Washington,who will later be reimbursed by the federal government., He also stated that a contract for design was previously executed with the firm of Stevens,Thompson &Runyan,Inc.,on April 13,1971,but had not previously been given notice to proceed,pending notification of the funding.He will be in early contact with the firm to discuss details of engineering design. The letter received from Governor Evans ,was also read,stating that he has requested representatives of the Department of Ecology to undertake this effort especially for the purpose of beginning these projects as soon as possible in the interest of assisting with the State's extremely severe unemployment problem, and would appreciate any contribution of time and effort which will result in the beginning of actual construction of this project as soon as possible in order to assist the people of the State and the economy of the State. Councilman Hill -Are we now directed to update this system? Pub.Wks.Director Weaver -Yes,in the 4th quarter of 1972. Mayor Skaug - It did not require we spend all the $800,000? Rich Weaver -We are not committed to do everything at this time,and we have enough money to do what we need to do. Councilman Ebbert -That 45%stays,regardless what the price is? .Rich Weaver -If we come up with a cheaper project,we still only get 45%. ***J In any case whatever the price,if it is below,they will continue 45%,if it goes under,they will stay with this one figure. Councilman Ebbert -Do we advertise.for bids? Public Wks.Director Weaver -To give Stevens,Thompson &Runyan the go ahead with design,and to submit the letter of acceptance. Motion by Ebbert to authorize the City Manager to submit the letter stating that the City is willing to accept the grant,and comply with stipulations as submitted by the Department of Ecology.Second by Lindell.Motion carried. 163$August 2.4;1971 \QUALITY AIR CONTROL AUTHORITY - COUNTY COMMISSIONERS ^\Aletter was read from the Grant County Board of Commissioners,stating that with a view towards establishing a Quality Air Control Authority,they would like to schedule a meeting with representatives of cities and towns in Grant •;t County on August 26,1971,at 8:00 P.M. at the Commissioners office.The pur- !•••pose ofthe meeting is to discuss regionalization or single County authority, financing,etc.,as pertains to the Clean AirAct,Chapter 70.94 of the R.C.W. Mr. Peter Hildebrand,Assistant Director of the Washington State Department of Ecology will be present to answer any questions and discuss this problem. Councilman Boyle agreedto attend this meeting, representing Moses "Lafce......-' MISCELLANEOUS Mayor Skaug asked if there was any further business befoiethe Council. l<,j>Councilman Hill stated,it will soon be budget time,and for the City Manager J(9'd to check into a Public Address system for the Council Chamber,and see what it would cost,in order for the people to hear better what comes up before the Council. ,aU/Iayor Skaug commented that he and Gordon Ebbert accompanied the City Manager]p°-to Seattle to attend the Budget &Fiscal Impact Conference scheduled by the Associa- I tionof Washington Cities on August 19,1971.It consisted mainly regarding the plight of the cities.There were cities of over 20,000 population represented there who gave a blow by blow reflection of their finances.Cities represented were Spokane, Seattle,Bremerton, Renton, Richland,Walla Walla,Pullman,etc.,and the one ^single item was their budgeting.I have a report from the Department of Revenue !regarding the local one-half cent sales tax.Moses Lake received for a total six month period $105,155.46. Total distribution by the State was $21,571,481.34. All the cities find that the particular one-half cent sales tax is in demand because of the services required of them.When the State Legislature convenes in January,efforts should be made to contact our representatives and inform them of our continuing reed of the one-half cent enabling act;it expires December 31, 1972.If this money is not forthcoming,there will be drastic overhauls in city budgets. He also commented that he wished that more of the Councilmen could find time to attend these sessions scheduled by the AWC,and that we would be that much more alert to other cities and perhaps find solutions for our city problems. He asked Gordon Ebbert for any comments regarding the meeting.He stated only that they stressed that we express to our legislators in this area and make it known to them verbally as well as an official letter regarding the one-half cent sales tax,because 1972 is the deadline.There is an awful lot of talk among the legislators to convert the one-half cent tax over to the State to take care of their deficit in the budget rather than go into increasing taxes.It was a very interesting meeting,about 100 people attended,and had very fine economist speakers. ,S INTER-RACIAL COMMISSION APPOINTMENT Mayor Skaug submitted the name of Hazel Dozier as a member of the Inter-Racial Commission to replace Janie Shelby whose term expired June 1, 1971.He commented/she is an Instructor with the School District and her husband is with the Job Corps.. He feels she would contribute greatly as a member of that Commission. Motion by Hill to confirm the recommendation and appoint Hazel Dozieras a member of the Inter-Racial Commission for a two-year term,June 1,1971 through June 1,1973.Second by Boyle.Motion carried. —- August 24,1971 l636 Councilman Moe commented about the parade route we have had in the City for a number of years. Is there some way they can alleviate the traffic congestion ? I see no reason for a parade to take up the whole town for three hours,by now they are running into each other. I think it is the Police Chiefs prerogative to establish the parade route,but some guidance should be given to him as to the route selected. There should be some way to alleviate the traffic congestion.It is almost impossible to go through town. Councilman Hill suggested getting together with the Chamberof Commerce Parade Committee. Mayor Skaug - I think the point is well taken, -somewhere between now and the formation of the rext parade. Meeting adjourned at 9:55 P.M. YOR,OttdoM.Skaug ATTEST: City/Clerk,Charles Efjavenpo