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1977 07 122568 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR SESSION July 12,1977 CITY HALL -COUNCIL ROOM 8 p.m. Members present: Don Swanson, Kent Jones,Norm Johnson, Bob Hill, Bill Moe, and Jim Barney,Absent:Eric Skaug The meeting was called to order at 8 p.m. by Mayor Don Swanson. |Mr.Hill moved that the minutes of the meeting of June 28 be approved as submitted, I seconded by Mr. Jones, and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $12,846.28 STREET 6,051.90 WATER/SEWER 7,014.92 SANITATION 16,752.14 EQUIPMENT RENTAL 1,695.59 TOTAL $44,360.83 J Mr.Moe moved that the bills be approved as submitted,seconded by Mr.Jones, and passed with Mr.Hill abstaining from voting on that portion of the bills to Pacific Northwest Bell.Warrants 2643 to 2718 were approved for payment. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PRESENTATION -CERTIFICATES OF COMPLETION -DISPATCHER COMMUNICATIONS COURSE /0/3 A letter from Myron Palmer,Acting Police Chief,was read which requested that certificates of completion be presented to Evelyn Brown,Marie McLean,Diana Silva, and Janis Aden for a 16-hour workshop in Dispatcher Communications. Mr.Swanson presented the certificates. PRESENTATION -CERTIFICATE OF COMPETENCY -JAMES PECK A letter from M. G.McLanahan,Assistant Public Works Director,was read which stated that James Peck has passed the written examination and meets the experience requirements of the Department of Ecology for an upgrade of his waste water certifi cation to Group II. Mr.McLanahan gave some background on what goes into earning this Certificate. Mr.Swanson presented the Certificate of Advancement from the Department of Ecology to James Peck. PUBLIC HEARING -COCHRAN ADDITION PRELIMINARY PLAT A letter from Stan Bech,City Planner,was read which stated that the City Council did not accept the Planning Commission's recommendation on the Cochran Addition Preliminary Plat and so a public hearing has to be held. 2569 CITY COUNCIL MINUTES:2 July 12,1977 The public hearing was opened. There were no comments from the audience,so the public response was closed. Mr.Jones felt that if a sewer line was required that the developer should be required to hook up to the sewer,otherwise a septic tank would be acceptable. Mr.Bech stated that negotiations have been going on between Mr.Cochran,Mrs. Kvamme,Dr.Penhallurick,and the Elks in conjunction with Eastern Washington State Bank to construct this sewer line. Mr.Johnson wanted to know if Mr.Cochran was going to be allowed to operate on ) a septic tank until such time as the sewer line is brought across.Mr.Bech stated that that is the question before Council now. Mr.Hill stated that he felt the sewer line should be required. Mr.Johnson moved that the public hearing be closed,seconded by Mr.Hill,and passed unanimously. Mr.Johnson moved that the Cochran Addition Preliminary Plat be approved with the following stipulations: 1.The lots shown need numbers 2.Note hatch marked area on Valley Road as street dedication 3.Show bearing on east boundary of Kvamme Addition as per legal description 4.Show distances on north boundary and east boundary of Kvamme Addition as per legal description 5. Submit utility drawings for proposed sewer facilities 6.8" sewer main required on north property line /' 7.Sewer be installed whenever the sewer line comes within 200 feet of this I property 8.Only one building and one septic tank be allowed on the three lots seconded by Mr.Barney. Mr. Hill stated that the property owners were willing to discuss this and he felt this should be done before approving the plat. Mr.Johnson did not feel Mr. Cochran should be held up in developing his property while other people decide what they want to do with theirs. Mr.Barney also felt the plat should be approved. Mr.Jones stated that he felt it was a possibility that this plat would never be hooked up to sewer. Mr.Hill wanted to know how close the nearest sewer line was.Mr.McLanahan stated that it was about 1,000 feet away. The motion passed with Mr.Jones and Mr.Hill opposed. f—) COMMUNICATION -LETTER OF RESIGNATION -JACK HATFIELD ,0<»A letter from Jack Hatfield was read which stated that he was resigning from the Moses Lake Planning Commission as he was being transferred to Bend, Oregon. Mr.Barney moved that a letter of appreciation be sent to Mr.Hatfield,seconded by Mr. Johnson, and passed unanimously. n 2570 CITY COUNCIL MINUTES:July"12,1977 COMMUNICATION -LOIS KENISON A letter from Mr.Waggener,City Manager,was read which staged that Mrs.Lois /A^/ Kenison is requesting that the city pay one-half of the cost of installing a cyclone fence along the property line between Cascade Park and the residential property.It has been the city's contention that private owners are responsible for protecting their property and that the city has no obligation to pay.However, because of the proximity of camping facilities to their property and the theft and vandalism that has resulted,Mr.Waggener recommended that the City Council authorize participation in this fencing project. A letter from Mrs. Lois Kenison,Crestview Drive Resident, was read which requested that the city particpate in putting a cyclone fence between Cascade Park and the abutting property owners to try to keep down theft and vandalism.She requested that the city pay one half the cost of installing this fence. Mr.Barney stated that there was a problem in this area and perhaps the Park and Recreation crew could install the fence as the cost of labor is approximately half the total cost for the fence. He stated that the Council should be careful about setting a precedent with this. Mr.Waggener stated that the problems in this area are much more serious than in any other area in Moses Lake and that is why he is recommending that the city participate in this fencing. Dr.Paul Roth,Crestview Drive,stated that this park is the only one in Moses Lake that allows overnight camping and as a result the theft and vandalism of the adjoining property is a problem. Cecil Lee,Parks and Recreation Director,stated that there would be no available men to install this fence until the fall. Mr. Jones wanted to know who the fence would belong to if the city went along with this request.Mr.Waggener stated that that was up to the Council. Mr.Kenison stated that he was sure the owners would not object to maintaining the fence.Pat Acres,City Attorney,asked Mr.Kenison if he were willing to make sure the residents paid half of the cost of installing the fence.Mr.Kenison stated that if they did not he would and would see to the maintaining of the fence. Mr. Jacobs,Crestview Drive, stated that the problem was getting worse each year. Mr. Hill moved that the city participate in the building of this fence by paying one half of the cost of installing the fence between Crestview Drive and Cascade Park and that the property owners accept responsibility for maintaining the fence, seconded by Mr.Johnson. Mrs.Kenison pointed out that the land will have to be surveyed, stated that the city would provide the survey of this property. Mr.Waggener The motion passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND WATER AND SEWER CONNECTIONS -FIRST READING A letter from Jerry Fay,Public Works Director,was read which presented an ordinance for amending the water and sewer connection ordinance. /o>7^>- The ordinance amending Chapter 9.2 of the City of Moses Lake City Code entitled "Water and Sewer Connections" was read by title only. Mr. Moe moved that the first reading of the ordinance be adopted,seconded by Mr. Jones,and passed unanimously. 2571 CITX COUNCIL MINUTES:4 July 12,1977 ^U 0*3 ORDINANCE -GAMBLING TAX -FIRST READING A letter from Mr.Waggener,City Manager,was read which presented an ordinance relating to the assessment and collection of gambling taxes. Larry Tracy stated that he had with him Bonny Robertson of the Corral Tavern,Dale Watson from the Ripple Tavern,and Wayne Bennett from the Sportsman Tavern as this ordinance has an economic impact on them.He stated that they would like to meet with Council and show them what their percentages are and have Council amend this to read 2%%for punch boards and pull tabs.They would like to recommend that more time be allowed to examine this ordinance with regards to Section 3.18.32, Records Required.He stated that they would like to follow the state procedures for record keeping as the state only requires records to be kept for one year. He suggested that the ordinance be changed to read "any reasonable time"in the area dealing with inspection and audit of books. Pat Acres,City Attorney,stated that the city would not require the keeping of pull tabs and punch boards beyond one year,which is required by the Washington State Gambling Commission and the Internal Revenue Service. Mr.Johnson suggested that the staff meet with the people to try to work out a solution to their problems.Mr.Waggener stated that staff could meet with them on ordinance language but that the Council should decide what percent should be assessed on the pull tabs and punch boards. It was the consensus of the Council that meetings be held with these people to find out what 5%means to them. Mr.Hill wanted to know how this ordinance would affect those organizations holding bingo games on a regular basis.Mr.Acres stated that they would not be exempt from taxes but legislation may take care of any problems in this area. The ordinance creating Chapter 3.18 of the Moses Lake City Code,entitled Gambling Tax,by providing for,and levying a tax upon the income derived from certain activities;providing for the collection and enforcement of such taxes;and provid ing penalties for failure to timely pay such taxes was read by title only. Mr.Moe moved that the first reading of the ordinance be adopted with the change to "any reasonable time"in Section 3.18.32,Records Required,and brought back to Council at the first meeting in August,seconded by Mr.Jones,and passed unanimously. ORDINANCE -CONFIRMING FINAL ASSESSMENT -LID #29 -FIRST READING A letter from Jerry Fay, Public Works Director,was read which presented an ordinance approving and confirming the assessments and assessment roll of LID #29. The ordinance approving and confirming the assessments and assessment roll of Local Improvement District No. 29,which has been created and established for the purpose of paying a part of the cost of improving Beaumont Drive by grading, graveling, constructing and installing storm drains, side lateral sewer connections, curbs, sidewalks,and asphalt concrete pavement,in the city of Moses Lake as provided by Ordinance No. 771, and levying and assessing the amount thereof against the several lots, tracts,parcels of land, and other property shown on said roll was read by title only. Mr.Johnson moved that the first reading of the ordinance be adopted,seconded by Mr.Barney,and passed unanimously. RESOLUTION -DROUGHT RELIEF FUNDS A letter from Jerry Fay, Public Works Director, was read which stated that Grant County is eligible for funds under the Community Emergency Drought Relief Act of 1977 and presenting a resolution authorizing the City Manager to sign and submit forms requesting funds under this act. Mr.Fay gave some background on this act and stated that most of the funds will be going to communities who have problems with their water supplies. o \<J AuJ CITY COUNCIL MINUTES:5 2572 July 12,1977 The resolution authorizing the City Manager to sign and submit on behalf of the City of Moses Lake forms requesting grants to be matched by current revenues from the economic dvelopment administration of the Department of Commerce Drought Relief Program was read by title only. Mr.Barney moved that the resolution be adopted,seconded by Mr. Moe, and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS RESOLUTION -ALLEY VACATION -JESSICA LONGSTON A letter from Stan Bech,City Planner, was read which stated that the Planning Commission recommended that the alley vacation of Jessica Longston be approved. She is requesting the vacation of the alley lying on the north side of Lot #27 in Broadripple Addition #1. The city will retain the vacated alley as an ease ment with the right to exercise and grant easements for the construction,repair, and maintenance of public utilities and services and shall be reimbursed by the abutting property owners with one half the appraised value of the vacated alley. The resolution setting a date for a public hearing on the vacation of the alley on the north side of Lot #27 in Broadripple Addition #1 was read by title only. Mr. Jones moved that the resolution be adopted,seconded by Mr. Johnson, and passed unanimously. VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION MUNICIPAL INSURANCE Mr.Swanson pointed out that municipal insurance is a problem and he stated that Samaritan Hospital has had their insurance cancelled. Mr.Barney stated that he felt the local qualified insurance agencies should be supplied with the necessary bid information and given a chance to work it out. Mr. Jones stated that he had talked with one insurance agent who said that if it was going to be done on a yearly or even a three year basis he would not be inter ested as it is too much trouble to go through bid processes and get this set up. Mr.Waggener stated that it was up to Council but that it was fairly common to have liability insurance issued for a three year period. He stated that many major insurance companies are looking for an opportunity to get out of the municipal field and experts he has talked to recommend that if a city has a good policy that it do nothing to rock the boat. If bids are requested, the insurance company may decide not to participate at all. Mr.Hill stated that he had talked with a couple of insurance men and they were of the opposite opinion of the one Mr.Jones talked to. He suggested that a study session be held with these insurance agents to discuss this problem. Mr.Waggener suggested that experts in the insurance field be consulted on this problem. Mr. Moe wanted to know if this would be detrimental to the city's insurance program. He stated that the possibility of calling for bids on the insurance was investigated several years ago and the decision was to stay with Rogers and Norman. Mr.Swanson stated that he was against going out for bids but he would not oppose a study session on this. Mr.Waggener stated that the experts suggest that the first thing to do is to go through some type of pre-qualification or screening to find out which ones are qualified to handle municipal insurance. /Of 7 /o^y 2573 CITY COUNCIL MINUTES:6 July 12, 1977 Mr. Moe stated that he was concerned about the effect this would have on the city's current insurance. Mr. Johnson stated that it is just inviting the people in so that they can express their desires on insurance. Mr.Waggener wanted to know what kind of guidelines the Council wished to use in finding brokers to talk to. Mr. Barney suggested that letters be sent to all the insurance agents in the city asking if they are interested in providing insurance for the city. Mr.Waggener stated that he would bring to the Council a questionnaire that would be sent to the insurance brokers asking if they wished to discuss the city's insurance needs. Mr. Hill stated that he didn't think a questionnaire was going to be sent out at this time. He thought that the Council was going to talk to the brokers first. Mr.Swanson suggested that an expert on insurance sit in on the meetings to see if the brokers qualify. Mr.Waggener stated that if the Council decides to do that some specific information is needed from the people either in advance or at the meeting. Mr.Waggener stated that this does not have to be settled tonight and he suggested that he contact someone who is an expert in the insurance field but who does not sell insurance and see if he has some recommendations on how to handle it. Mr. Moe moved that Mr.Waggener be authorized to contact an insurance specialist to assist with the insurance,seconded by Mr.Barney,and passed unanimously. TRAFFIC SAFETY GRANT -PIONEER WAY A letter from Jerry Fay,Public Works Director,was read which stated that a 90% grant has been received for the placement of flashing beacons at Sharon and Pioneer and Nelson and Pioneer.School zone speed limit signs are also included. Mr. Moe moved that the Council authorize staff to accept the grant and proceed with the project,seconded by Mr. Hill, and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS FILING PERIOD FOR COUNCIL ELECTIONS Ron Bierma,City Clerk,stated that since Moses Lake now has more than 5,000 registered voters new forms must be filled out on campaign financial reporting. He also mentioned that the week of July 25 is the filing period. PETITION -ANGLE PARKING ON THIRD AVENUE A petition was submitted by the merchants on Third Avenue for angle parking on that street.This would make Third Avenue a two lane street instead of a four lane street. Mr. Waggener stated that the Public Works Department will make a study of this proposal. WASTE WATER DISCHARGE PERMIT Jerry Fay, Public Works Director,stated that in talking with the Department of Ecology in an attempt to find out the status of this permit,he was informed that the permit now says,in effect,that the city should stop discharging the effluent into the lake. He stated that citizens have indicated that they would like to see the effluent removed from the lake and the Department of Ecology has stated that in the normal course of events they would fund a sewage treatment plant to remove the effluent and then fund a lake restoration project.Mr.Fay emphasized that there is no guarantee of funds for the lake restoration project. ^ 4\\ \(p 2574 CITY COUNCIL MINUTES:7 July 12, 1977 Mr.Fay stated that removal costs and project costs would run about $9 or $10 million dollars.The city's share would be approximately $1 million dollars. He stated that if the facility is improved there would be an increase in sewer rates to between the $5 to $7 range.. Mr.Johnson wanted to know if the effluent could be cleaned up so it is acceptable. Mr.Fay stated that that was the problem.Whether the City Council wanted to remove the effluent from the lake or do something less. Mr.Waggener stated that in talking with Department of Ecology they have indicated they wish to clean up the lake and the first step is taking the Moses Lake effluent out of the lake. Mr.Acres pointed out that the chance for a successful appeal from an administra tive agency is almost nil unless it concerns a manifest abuse of discretion which is not the case here. Mr.Johnson wanted to know what would happen if this decision is not appealed. Mr.Fay stated that essentially the city would be agreeing to go to a land disposal system. Mr.Hill moved that the city not appeal the decision,seconded by Mr.Jones,and passed unanimously. The meeting adjourned at 10:10 p.m. ^Donald'E. Swanson, Mayor ATTEST: H<??CA-^ R. C.Bierma,City Clerk