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1983 02 223577 CITY COUNCIL CITY OF MOSES LAKE February 22,1983 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.Reese moved that the minutes of the meeting of February 8,1983 be approved as •,submitted,seconded by Mr.Wallenstien,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $16,141.20 STREET 5,986.43 WATER/SEWER 8,201.60 WATER/SEWER CONSTRUCTION 184.08 SANITATION 5,379.50 CENTRAL SERVICES 1,536.50 BUILDING MAINTENANCE 137.24 EQUIPMENT RENTAL 2,842.22 TOTAL $40,408.77 Mr.Wallenstien moved that the bills be approved as submitted,seconded by Mr. Staat,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 None BOY SCOUTS Mr.Johnson mentioned that the Boy Scouts were attending the Council meeting and //V^ had them introduce themselves. II.CONSENT AGENDA None III.CONSIDERATION OF BIDS VEHICLES /J/7 *A letter was read from Robert Townsend,Public Works Director,which presented the vehicle bids for the new police vehicle and the pickup for the Parks Department. A letter was read from Bill Newell,Public Works Superintendent,which stated that if the city wished to experiment with the mid-size pickup,he would recommended that the bid be awarded to Don Swanson Motors.If not,he would recommend that the bid for the half-ton pickup be purchased from the State Contract.He also recom mended that the police vehicle be purchased from the State Contract. There was some discussion about the vehicles. |Mr.Rimple moved that the bid from Swanson Motors for the mid-sized pickup for $7,231.67 be accepted,seconded by Mr.Vernier,and passed unanimously. i—J Mr.Rimple moved that the bid on the police vehicle be tabled,seconded by Mr. Vernier,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS None 3578 CITY COUNCIL MINUTES:2 February 22,1983 V.ORDINANCES AND RESOLUTIONS >,ORDINANCE -CHAPTER 10.12 -PARKING REGULATIONS -2ND 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. The ordinance designating certain street areas where stopping,standing,and/or parking is regulated,restricted,or prohibited thereon by amending Section 10.12.035 was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. ,,0 ORDINANCE -AMEND 1982 BUDGET -1ST READING A letter was read from Walter Fry,Finance Director,which presented an ordinance amending the Street Fund and the G.0.Bond #9 Fund in the 1982 Budget. The ordinance amending the 1982 Budget for the.City of Moses Lake was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. p(D ORDINANCE -AMEND 1983 BUDGET -1ST READING A letter was read from Walter Fry,Finance Director,which presented an ordinance amending the 1983 Budget by transferring funds from salaries to medical insurance. The ordinance amending the 1983 Budget for the City of Moses Lake,Washington was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. J ORDINANCE - WATER/SEWER RATES -ITI A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance establishing water/sewer rates for International Titanium,Inc.These rates reflect the same percentage increase already established by ordinance. Mr.Gavinski stated that in Section 2 the last figure should be $3,417.50. The ordinance setting the sewer rates for sewer service utilized by International Titanium,Inc.was read by title only. Mr.Rimple wanted to know why the city charged $853 per month to cover the cost of capital replacement.Robert Townsend,Public Works Director,stated that the city had had a report prepared by CH2M Hill that explained the expected corrosion based on the type of waste ITI was discharging.Based on this information,a figure was arrived at that was agreeable to both parties which would cover the cost of replac ing the equipment affected by the corrosive waste discharge. Mr.Edwards moved that the ordinance be adopted on its first reading,seconded by Mr.Wallenstien,and passed unanimously. I* 4$ORDINANCE -BUS FRANCHISE -GRANT COUNTY SENIORS -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi- nans*a nvantiwn a -Pv»^n/>ki<>/\4-*%4-U«*^ut«4./*.«*..»x..<*__.:_.-_j j _i •____•••nance granting a franchise to the Grant County Seniors to do business as Moses Lake Bus Lines. Ray Flagg,City Bus Lines,stated that his franchise is not an exclusive one but it does provide for a 60-day notice of the possibility of another franchise holder providing service that he could not provide after given an opportunity to do so.He stated that he had been informed that because the franchise is termed a contract, the city does not have to honor it. 3579 CITY COUNCIL MINUTES:3 February 22,1983 James A.Whitaker,City Attorney,stated that a franchise is a regulatory device allowing someone to do business in a regulated industry in the city.Mr.Flagg's franchise is non-exclusive.The United States Supreme Court ruled that granting of an exclusive franchise can make cities subject to the Sherman Anti-Trust Laws for restraint of trade. Mr.Gavinski stated that the franchise does not create any contractual rights between the city and Mr.Flagg.The section on the 60-day notice discusses a for feiture by the company of any terms of the franchise.He stated that the Grant County Seniors were looking to provide a service in addition to that provided by Mr.Flagg and which,perhaps,competed with him. Mr.Flagg stated that the proposed bus service by Grant County Seniors is not needed or wanted and will not be used.He stated that his bus service is a cost- effective program where the cost is on the people who ride and not on the taxpayers. He pointed out that the Grant County Seniors are using state and federal money to subsidize their bus service.He stated that they would be receiving $170,000 the first year for this service and that two members of their Board work for DSHS. Bob Eash,Grant County Seniors,stated that he does not know of two Board members from DSHS.He stated there is one that helps the Advisory Board run the program who deals with DSHS with senior activities and needs.He also stated they are not part of Community Action and the $170,000 is for the entire three-county area.He pointed out that the seniors and handicapped that ride the vans at the present time pay about 25%of the operation cost through donations.He pointed out that Mr. Flagg had the same opportunity to bid on these funds for this transportation pro gram as the Grant County Seniors had.He stated that they would not be taking over any services that are already being performed.He stated that he knows of no bus service in the city except for the Carnation run which they do not wish to inter fere with. He felt that this is a service that is needed in Moses Lake. Mr.Gavinski stated that the portion of the sentence in Section 9 after the semi colon should be deleted. Mr. Whitaker stated that in Section 14 the references to charters should be deleted al so. Mr.Flagg felt that the franchise should protect the provider otherwise no one will have an incentive to develop quality service. Mr.Whitaker stated that legislation has been introduced in the United States Senate to allow cities to grant exclusive franchises.However,until that legis lation passes,cities cannot grant exclusive franchises on these kind of services for fear they will be overturned. There was some discussion by the Council. Mr.Wallenstien moved that the ordinance be tabled. Died for lack of a second. Mr.Edwards moved that the ordinance be denied,seconded by Mr.Reese,and passed with Mr.Vernier opposed. WASTE WATER TREATMENT PLANT -OFFER TO PURCHASE BONDS JotOO Steve Norman,Seattle Northwest Securities,presented a proposal to the city to buy $4.2 million in water and sewer revenue bonds in 1983.The bonds will be purchased at a price of $95.40 per $100 par value and will be dated March 1,1983 and will pay interest on July 1,1983 and semi-annually thereafter on January 1 and July 1. Margaret Eccles stated that she had wanted to purchase Moses Lake municipal bonds on this project and had been informed that they were all sold. Mr.Norman stated that when a bond issue is underwritten,to reduce the interest rate as much as possible,the issue is pre-sold. Mr.Rimple moved that the City Manager be given authority to execute the agreement, seconded by Mr.Wallenstien,and passed unanimously. 3580 CITY COUNCIL MINUTES:4 February 22,1983 ^o ORDINANCE -SALE OF BONDS -WASTE WATER TREATMENT PLANT The ordinance of the City of Moses Lake,Washington,adopting a system or plan of additions to and betterments and extensions of the waterworks utility of the city, including the system of sewerage as a part thereof;providing for the issuance of $4,200,000 par value of "Water and Sewer Revenue Bonds,1983,"for the purposes of obtaining funds to pay a part of the cost of carrying out such system or plan; fixing the date,denomination,interest rates,form,terms and covenants of such bonds;and providing for the sale and delivery of such bonds to Seattle-Northwest Securities Corporation of Seattle,Washington was read by title only. Mr.Edwards moved that the first reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. Joseph K.Gavinski,City Manager,requested that the Council continue this meeting on Wednesday,February 23,at 3:30 p.m.to consider the ordinance on its second reading. ^ ^ ORDINANCE -SAMMONS COMMUNICATIONS -RATE INCREASE -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance regarding the rate increase requested by Sammons Communications.In the fall of 1981 Sammons was granted an increase to $8.75 which was to take effect at the time Sammons certified that the rebuilding of the cable television system was complete.Since that time,an additional rate increase has been requested. The ordinance amending the franchise granted to Sammons Communications,Inc.,a Delaware Corporation,its successors or assigns,to own and operate and maintain a cable television system in the community of Moses Lake,Washington was read by title only. Art Mackey stated that he was speaking for a number of senior citizens who are on fixed income.He felt Sammons should provide a basic service and then have the options. Clint Connelly felt the prices were exorbitant for the service being received and the reception is terrible.,) Dave Garrett,Sammons Communications,explained the options for the Council and pointed out that there has been no rate increase in 8 years. There was some discussion by the audience. Mr.Edwards stated that in August 1981 Mr.Garrett asked for an increase of $8.75 providing he supplied up to 22 channels.He was granted an increase of $8.75 if he provided the 20 channels. There was some discussion by Council and it was pointed out that Sammons has already been granted an increase to $8.75. No further action was taken. RESOLUTION -ANNEXATION/SURCHARGE A letter was read from Joseph K.Gavinski,City Manager,which presented a resolu tion regarding water/sewer service surcharge on accounts outside the corporate limits of the city. The resolution regarding water/sewer service surcharges on accounts outside the corporate limits of the city was read by title only.i— Mr.Edwards stated that he was in favor of the intent but not this particular resolution because it is too broad. Mr.Edwards moved that the resolution be tabled,seconded by Mr.Vernier,and failed with Mr.Vernier,Mr.Edwards,and Mr.Johnson in favor and Mr.Wallenstien, Mr.Reese,Mr.Staat,and Mr.Rimple opposed. Mr.Reese moved that the resolution be denied,seconded by Mr.Edwards,and passed with Mr.Rimple and Mr.Wallenstien opposed. 3581 CITY COUNCIL MINUTES:5 February 22,1983 RESOLUTIONS -ACCEPTING EASEMENTS - MOW A letter was read from Robert Townsend,Public Works Director,which presented two resolutions accepting easements from Carlton and Lula Mow. One resolution accepts a 10 foot access easement and the other resolution accepts a 20 foot drainage easement. Mr.Edwards moved that both resolutions be adopted,seconded by Mr.Wallenstien, and passed unanimously. VI.REQUESTS TO CALL FOR BIDS STEEL WATER MAIN REPLACEMENTS A letter was read from Robert Townsend,Public Works Director,which requested M<*Cp permission to advertise for bids to replace thirty year old steel spiral weld and steel invasion pipe in the Knolls Vista area.In September 1982 advertisements for bids were published for this project but the bids came in 50%higher than the engineer's estimate.The bids were rejected and the project was rebudgeted for 1983. Mr.Rimple moved that staff be authorized to call for bids,seconded by Mr.Wallen stien,and passed unanimously. WELL #9 LOWERING BOWLS A letter was read from Robert Townsend,Public Works Director,which requested ''y~ permission to advertise for bids to lengthen the column of Well #9 by approximately 60 feet to compensate for a gradual lowering of the water table in that area. Mr.Wallenstien moved that staff be authorized to call for bids,seconded by Mr. Edwards,and passed unanimously. VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION /CENTRAL OPERATIONS FACILITY PLAN /OSi/ Joseph K.Gavinski,City Manager,stated that after concerns were expressed by the citizens in the area of the Central Operations Facility,he contacted Pool Engineer ing about some possible modifications.One of the modifications is to change the roof line of the proposed buildings and reduce one from 30'to 25'and the garage being reduced from 22'to 19'.Also discussed was the possibility of changing the asphalt shingle roof to a clay tile roof;enclosing the 5-bay garage by adding doors;and reducing the size of the administrative parking lot and increasing the landscape screening on the street sides of the project. Mr.Gavinski explained the changes that would occur if the modifications were approved.He mentioned that in publishing the public notices on the Shoreline Permits the Terminal Park Addition was referenced instead of Terminal Park Addition No.2.He stated that he had talked with DOE about the notices and they did not see any particular problem with the notice that was issued. He stated that a petition had been presented to the Mayor with some references to part of the process itself on the part of the Community Development Department about informing the residents of that area what was going to happen in that area. He stated that the city had received a notice of appeal with regard to the Shore line Management Substantial Development Permit which goes before the Shorelines Hearing Board.There are issues raised of a legal nature in that appeal with regard to the permit. Mr.Rimple moved that the City Manager be authorized to proceed with the project, seconded by Mr.Wallenstien. There was some discussion by the Council. 3582 CITY COUNCIL MINUTES:6 February 22,1983 Mr.Edwards moved that the motion be amended to delete the 5-bay garage.Motion died for lack of a second. The motion passed with Mr.Edwards opposed. A study session was set for March 1,1983 at 7:30 to study the proposed modifica tions. IX.COUNCIL QUESTIONS AND COMMENTS None X. CITY MANAGER REPORTS AND COMMENTS *WATER AND SEWER RATE REVIEW Joseph K.Gavinski,City Manager,presented information to Council on the new water and sewer rates because of the articles that appeared in the newspapers and the possibility of an misinterpretation of the information in those articles. WASTE WATER TREATMENT PLANT CONSTRUCTION PROJECT /;Joseph K.Gavinski,City Manager,distributed information on the costs of the Waste Y Water Treatment Plant construction including the funds to be received from EPA and DOE.He stated that because of the money granted to the city from EPA it will reduce the amount of money the city has to raise by $900,000. The regular meeting was recessed at 10:30 p.m.and the Council met in an executive session to discuss litigation.The executive meeting was adjourned at 11 p.m.and the regular meeting was reconvened.The regular meeting was continued to Wednesday, February 23,at 3:30 p.m.in the Council Chambers. ATTEST: 3583 CITY COUNCIL CITY OF MOSES LAKE February 23,1983 Members Present:Norm Johnson,Wayne Rimple,Charles Edwards,Norm Staat, Bill Reese,and Bob Wallenstien Absent:Harvey Vernier The continued February 22 meeting was called to order by Mayor Norm Johnson at 3:30 p.m. ORDINANCE -SALE OF BONDS -WASTE WATER TREATMENT PLANT /*LoO The ordinance of the City of Moses Lake,Washington,adopting a system or plan of additions to and betterments and extensions of the waterworks utility of the city, including the system of sewerage as a part thereof;providing for the issuance of $4,200,000 par value of "Water and Sewer Revenue Bonds,1983,"for the purpose of obtaining funds to pay a part of the cost of carrying out such system or plan; fixing the date,denomination,interest rates,form,terms and covenants of such bonds;and providing for the sale and delivery of such bonds to Seattle-Northwest Securities Corporation of Seattle,Washington was read by title only. Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Rimple,and passed unanimously. The meeting was adjourned at 3:35 p.m. ATTEST: 0/S^^-