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1976 05 112358 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING - REGULAR SESSION May 11,1976 CITY HALL -COUNCIL ROOM 8:00 P.M. / Members Present:Bob Hill,Kent Jones,Norm Johnson,Bill Moe,Jim Barney and Eric Skaug.Absent:Don Swanson Mayor Pro-Tem,Bob Hill, called the meeting to order and called for approval of the minutes of the last regular session held on April 27,1976.Kent Jones wished the minutes to show that he had voted against the motion regarding the disposition of McCosh Park Recreation Building because he did not have a chance to voice his comments.Bob Hill requested that the minutes show that he abstains from voting for the portion of the warrant payment when it includes warrants to be paid to Pacific Northwest Bell Telephone Company.Eric Skaug moved that the minutes be approved as changed,seconded by Norm Johnson and unanimously passed. APPROVAL OF BILLS: REGULAR BILLS AMOUNT PAID GENERAL $59,085.78 STREET 4,528.80 FEDERAL REVENUE SHARING 214,708.40 WATER/SEWER 104,098.72 SANITATION 13,199.25 WATER/SEWER CONSTRUCTION 1972 83,651.68 EQUIPMENT RENTAL 8,586.65 FIREMEN PENSION &RETIREMENT 95.80 Kent Jones moved to approve the bills, seconded by Jim Barney and unanimously passed.Warrant numbers 5249-5343 were approved for payment. I.CITIZENS INPUT Jack Hatfield,merchant,stated that he would like to speak on the one-way traffic and angle parking on Ash and Division Streets. Dick Cook,stated that he was interested in what is being done on Broadway./£>lQ Jerry Fay,Public Works Director,stated that that particular project was out for bids at this time,and the bids will be opened on May 18th.Because of a six month delivery on the major poles for the overhead signing it may be fall before it is all complete, and temporary signing will be put up. II.CONSIDERATION OF BIDS -DIVISION STREET SIGNALS The letter from Jerry Fay was read which stated that Division Street Signals bids were opened on May 4,1976.Tyee Electric was the low bidder at $58,656.75;the Engineer's Estimate was $49,897.00.As the 1976 Budget includes $84,900.00 for this project, he recommended accepting the bid from Tyee Electric. Eric Skaug questioned the difference in the low bid from the engineer's estimate, which was about 20%higher than the estimate,and asked if he could account for that.Mr.Fay stated that the difference was attributed to just one bid item, the fact that there was double thickness of pavement on the intersection. Kent Jones moved that the bid from Tyee Electric be accepted,seconded by Jim Barney, unanimously passed. III.PETITIONS,COMMUNICATIONS OR PUBLIC HEARINGS REAPPRAISAL OF CITY OWNED PROPERTY Mr.Waggener presented a list of City owned property that has been reappraised /O by the Multiple Listing Bureau.He recommended approval of the reappraisals and listing the property units as available for purchase. Jim Barney asked if these were the same ones that United Builders had turned back and if the problem had been corrected with the drainage.Mr.Waggener said 2359 •iu CITY COUNCIL MINUTES: 2 May 11, 1976 that a major portion of it had been corrected but some filling may be required to make the lots more desireable. Eric Skaug asked about the possibility of using City owned property for neighbor hood parks.Mr. Waggener stated that the potential use of City owned property was reviewed several years ago, and some property along Marina Drive was not listed for sale because it might have potential use for waterfront recreational purposes. Bob Hill commented that smaller parks are expensive to maintain.He then moved that the reappraisal of the City owned property as presented by the Multiple Listing Bureau be accepted,seconded by Norman Johnson,and unanimously passed. IV.ORDINANCES AND RESOLUTIONS ORDINANCE -LEASEHOLD TAX -1ST READING Mr.Waggener explained that Chapter 61,Laws of 1975-76,Second Extraordinary Session imposes a 12%excise tax on the privilege of occupying or using publicly owned real or personal property through a leasehold interest on or after January 1,1976.The law also gives authority for counties and cities to enact ordinan ces providing for imposition of a 6%tax by counties and 4%tax by cities on the same act or privilege.(The tax imposed by cities will be a credit against the county tax.)Six percent is an allowed credit against the 12%imposed by the State and will be distributed back to counties and cities participating.He presented an Ordinance proposing imposition of the 4% tax by the City of Moses Lake, and an Agreement regarding administration and collection of the excise tax. Pat Acres, City Attorney, explained that the theory behind the State statute allowing this tax is that for a period of time this type of property has gone untaxed and the leasehold interest the cities or counties have been able to lease out to individuals did not have the property tax that private owners would have. This leasehold tax was adopted by the legislature in order to tax this property. The percentage of the tax has been fully explained by Mr. Waggener. Bob Hill asked what property the City has that this would be applicable?Mr. Waggener said the property at the Municipal Airport would be the only property involved. Kent Jones said he interpreted this to mean that if the City does not pass the Ordinance, the state will collect the 12% and the City will not get anything, and if it is passed, then the City will get 4%. The Ordinance was read by title only. Norm Johnson moved that the 1st Reading be accepted,seconded by Kent Jones and unanimously passed. ORDINANCE &RESOLUTION -SALE OF CITY PROPERTY -BAKER City Manager,Chet Waggener,stated that the City has received an offer from W. Ron Baker, a single man, to purchase Lots 13, 14 & 15, Block 5, Sunset Park Add ition for $2,400.00. This offer is in accord with the appraised value of the property by the Multiple Listing Board. The 10% earnest money has been placed in a trust account by E. J.Ebel &Associates.This property was acquired by the City through LID //6 foreclosure.He presented a Resolution which authorizes the City Clerk and City Manager to execute a Warranty Deed and an Ordinance which would convey the property to the purchaser. Kent Jones moved that the Resolution be adopted,seconded by Jim Barney,and passed. Kent Jones moved that the Ordinance be adopted, seconded by Mr. Johnson and passed. ORDINANCE &RESOLUTION -SALE OF CITY PROPERTY -STIENS A*\X)The City has received an offer from Fred T.Stiens and Debra K.Stiens,husband and wife,to purchase Lot 24 and ^of Lot 25,Garden Heights Addition #2,to Moses Lake, for $2,650.00.This offer is in accord with the appraised value of the prop erty by the Multiple Listing Board. The 10%earnest money has been placed in a trust account with 0. C.Shadduck & Associates. The property was acquired by the 2360 CITY COUNCIL MINUTES:3 May 11,1976 City through LID //6 foreclosure.A resolution was presented which authorizes the City Clerk and City Manager to execute a Warranty Deed and an Ordinance which would convey the property to the purchaser. Kent Jones moved that the Resolution be adopted, seconded by Jim Barney and passed. Kent Jones moved that the Ordinance be adopted, seconded by Jim Barney and passed. RESOLUTION -AMENDING SIX YEAR STREET PROGRAM A Resolution amending Resolution 712, adopting the 6-year construction program, 1976-1981 was read in its entirety, amending the Resolution to include a Bicycle Pathway Project. Mr.Fay stated that there was approximately $6 million available nationally for bicycle pathway projects. Projects from Washington, Oregon, Idaho and Alaska will be considered and 10 projects will be selected and sent to Washington D.C. We have to select a project that would have high priority,for instance,a bicycle path jointly with Grant County. The $350.00 that we are requesting is for preliminary engineering work. The submittal has to be in prior to June 1st, and that is why we are asking for this money now. Eric Skaug stated that it is obvious that the City will have to pay some atten tion to the bike path situation and particularly with regards to Highway 17,and from that base area, and he then moved that the Resolution amending Resolution No. 712 adopting the 6-year construction program be adopted. The motion was seconded by Kent Jones and unanimously passed. VII.OTHER ITEMS FOR COUNCIL CONSIDERATION CLAIM AGAINST THE CITY -G.T.MOTORCYCLE A claim for damages dated October 9, 1975, signed by Terry Moore,G.T. Suzuki, was read. The claim alleged that on or about September 9, 1975, the City had left property of the claimant which it was holding as evidence, and the property was stolen and damaged. The claimant alleged that the motorcycles were damaged in the amount of $1,150. A letter from John D. Rogers,Rogers & Norman, Inc.,Insurance,was read dated April 9,1976.Mr. Rogers states that $633.75 had been paid to Recovery Services Int'l,and the claimant has agreed to settle for one half of this amount, or $366.87. The City Attorney had written a letter to the City Manager where he recommended that the City accept the offer. He also pointed out that steps have been taken to rectify the situation in the future:(1)The property rented from the school district should be available to secure any future evidence against any theft,and (2)M.L.Police Department has acquired locks and chains to secure bikes and the like in the future. Mr. Waggener requested authority to pay the $366.87 to Recovery Services,Int'l and stated that a release in full satisfaction of this claim would be requested. Kent Jones moved that the City Manager pay the $366.87 to Recovery Services, Int'l,seconded by Norm Johnson and unanimously passed. ONE WAY TRAFFIC AND ANGLE PARKING Jerry Fay stated that the Council directed staff to install one way traffic and angle parking on Ash and Division on a temporary basis,with a final decision to be made in the spring of 1976.He felt that there is a definite need to make permanent modifications if the concept is to be retained,and requested the Council advise staff as to their final decision on the matter.He also requested a decision on which streets are to be metered if the angle parking is continued. A letter was read dated May 11,1976,from the Greater Moses Lake Chamber of Commerce stating that the Board of Directors,at the regular board meeting on May 11,1976,unanimously voted in favor of the present type of down town parking. 2361 CITY COUNCIL MINUTES:4 May 11, 1976 The board also went on record encouraging the city to attempt every effort poss ible by the way of LID or what other means,to purchase and develop additional down town parking space as soon as possible.They offered to assist in any way in an effort to procure the additional and much needed down town parking areas. A Petition was read in its entirety signed by 27 merchants in which they support .—s the diagonal parking program now being used on Division and Ash streets downtown. They felt it has significantly improved a deteriorating parking situation and is an excellent first step toward meeting the future parking needs of their customers. They stated that the spaces are wide and easy to use and overall customer reaction at the retail level has been favorable.They are interested in maintaining the free status of the spaces along Ash Street. A Petition was read containing 101 signatures,which was presented by Philip W. Hermann,which stated that they felt that the angle parking and one way on Division and Ash Streets have caused more traffic confusion and delays than the extra sixty parking spaces warrant.They recommended going back to parallel parking and two way streets. Jim Barney asked Jerry Fay if he had had a chance to poll any of the people on the Petition from Phil's Chevron to see if it was just a case of signing their name on a Petition because its there,if these are just all customers of Phil's Chevron or if they are really against the angle parking and one way streets? Jerry Fay stated that he had not. Mr.Fay was asked if there have been any major problems with traffic there, Mr.Fay answered that there had been three very minor accidents.The response has been 74%favorable. Jack Hatfield spoke for the merchants,he emphasized that the 27 signatures were all merchants who were in favor of the angle parking and one way streets.r-*- They all were very much in favor of this type of parking. Kent Jones stated that he would be very curious why the people that signed the Petition against the angle parking and their thoughts as to why they dislike it. Mr.Hill asked what the cost for double headed meters would be?M. G.McLanahan answered that the cost is approximately $90.00 each and we would need 30-35. He said that there had been alot more "chain parking",cars being there all day from 9:00 - 4:00, on Ash Street. Richard Cook spoke about the very favorable parking condition that Ellensburg has. He said it is a pleasure to park there,it is landscaped and has a shopping type mall atmosphere.They are using what they have in the downtown area and it helps quite a bit.This automatically helps with the speed limit,because he didn't see that problem there. Mr. Hatfield stated that this type parking has worked out well the last five months. He wanted the Council to keep in mind that the downtown merchants are working very hard to solve the off street parking problems in the downtown area, and this is only a progressive first step. Mr. Hill asked about the costs of beautification of the entries to these areas, and how the cost will be resolved.j~ Cecil Lee said that there are 8 planter boxes and 8 trees planned for the entries and the cost would be approximately $1,000.They are to be about 6*by 5'out of 4x4's,so they will be very sturdy and there will not be too much maintenance on the boxes. Norm Johnson was concerned about the conditions of the parks downtown in the early morning,he wondered what the public would do to the planter boxes downtown that are planted for beautification and for the benefit of the public who dirties them up like they do the parks,our cost of maintenance will go up. Erick Skaug said that the Council should not be frightened off by the abuses that come from a few weighted against the addition that these planter boxes would 2362 CITY COUNCIL MINUTES: 5 May 11, 1976 create to the City.He thinks downtown is in dire need of some beautification and the downtown angle parking coupled with a beautification project would certain ly add alot to the appearance of our downtown business.He voiced support for the diagonal parking project and would like to see the City look into beautification. Consideration should be given as to what our costs for beautification are going to be and perhaps some participation either downtown merchants or civic groups. Mr.Fay stated that three lots have been selected which could be used for off street parking.The price for these lots would be approximately $3,000.How the lots would be paid for is still under discussion.How this particular cost would be assessed to the businesses has not been decided.The general interest is based on the retail sales.Longview,Washington established an annual rate based on group retail sales.Annual costs to businesses range from $80 to $1,200 per year.Also,the sale of revenue bonds could be a possibility.We are looking at $300,000 payable at $2,500 per month.The retail merchants met this morning and some ground rules have been set up.The retail merchants were definitely interested and felt there was a definite need for off street parking. Mr.Skaug asked if the Council is being asked to make some decision on continuing or discontinuing the angle parking and which streets are to be metered?Bob Hill said the question was whether they want to keep the one-way streets,and whether they want to retain Ash Street as free parking,2-hour parking or meters. After a motion was made to retain the one-way parking on Ash, the motion was withdrawn. Mr. Hill then moved that the motion be tabled until the meeting of March 25th,seconded by Mr.Jones and unanimously passed.The Council wants copies of both Petitions submitted and they would like to talk to some of the people that signed the Petition against the angle parking and hear their reasons for being against it. Mr.Skaug said that he would like to see something in the paper about it so I that any of the people who object can have the opportunity to come to the next Council meeting,and also to give people for it a chance to speak up. Because of the concern about cars parked in the free parking areas by employees Mr.Waggener suggested that if it meets with Council approval he would ask the Police Department to keep a log of the amount of time it takes them to patrol that particular area. VIII.COUNCIL QUESTIONS AND COMMENTS K-MART SITE Mr. Hill stated that in the new construction site for the K-Mart, they are dumping chunks of concrete,etc.down the bank of the lake. He believed that would be in violation of the shorelines management act.The City staff was not aware of this and will investigate it right away. BUILDING PROPOSAL Mr.Hill also asked about the apartment complex that is proposed to built on /0^"A Division Street.Mr.Waggener answered that a letter to the developer,Miss Jessica Longston,had been sent out by the Building Official,Bob Kimball, notifying her that the permit had expired.Miss Longston was in his office with City Planner,the Building Official and the City Attorney this afternoon and had some discussion,however,more discussions are necessary before the matter is settled. IX.CITY MANAGER REPORTS AND COMMENTS FAIR LABOR STANDARDS ACT City Manager,C.L.Waggener,discussed the Fair Labor Standards Act which /^>^ went into effect about two years ago,with the Council.This prescribed the minimum wages be paid,methods of payment of overtime,with some portions relating to the volunteer fire department and to the police reserves,partic ularly on call-back situations.This was discussed about a year ago with the 2363 CITY COUNCIL MINUTES: 6 May 11, 1976 Council. The National League of Cities filed a suit against the Federal Govern ment challenging the constitutionality of that law as it relates to local govern ment, about a year ago. An early decision was expected,but no decision has been reached at this time. Mr.Gagnier,City Clerk,explained that in May of 1974, the Fair Labors Standards Act was applied to the Cities and States of the nation. The Police and Fire Departments have a different situation than a standard 40-hour week, there are volunteer hours and overtime hours.The union contracts that were drawn up came as close to compliance with the Act as possible. The Police Reserve could run just a little over $11,000.The decision of the Court case could very well solve the problem, however, there is a potential liability. The other area would be the Fire Department. On fire calls, the full time people respond to the fire call, and people are brought in to man the station. The City has in the past paid the full time people for ambulance calls.The City has not paid overtime and our full time people do get called to work over their 40 hours. I do not anticipate any problems, except that the City may be required to pay the over time retroactive and the liability may be approximately $15,000. Mr.Waggener stated that the reason for presenting this at this time is to let the Council know there is a potential liability and to give an estimate of what this amount might be,which could be approximately $15,000 at this point. That is a great deal less than we thought it would be. We made the kind of adjustments to try to assure that we did not have that kind of exposure. If the Council feels that we should make efforts to even minimize our exposure further, we could take steps to do that. The whole issue of the method of pay for Firemen on ambulance calls was a rather critical issue in union negotiations at the last session and we did not change that.At this point, he prefered not to make any changes in the procedures that the City has right now unless the Council feels concerned about the possible increased liability. Mr. Hill stated that with just a $15,000 liability, the City should let it ride as we have in the past. Mr.Jones also felt that we should remain the same. HOUSING PROPOSALS Discussion was held at the last study session on the Zoning Ordinance of the various housing proposals that have been presented for family housing and housing for the elderly.Mr.Waggener wondered if the Council wanted to set a study date to review these proposals. Mr.Hill stated that a study session is set for the 18th of May. Mr.Waggener said that an answer would have to made at that meeting in order to answer within the 30-day allotted time.Stan Bech will have a summary of each of the proposals for Council review. Mr.Skaug asked when the Council was going to get back to the Zoning Ordinance. Mr.Waggener stated that there were already two items for review at the next study session. The regular council meeting was adjourned at 10:00 p.m. Donalrl E.Swanson,Mayor R.R.Gagnier,CijtW-Clerk "