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1983 09 273651 CITY COUNCIL CITY OF MOSES LAKE September 27,1983 Members Present:Norm Johnson,Charles Edwards,Bill Reese,Bob Wallenstien,Norm Staat,Wayne Rimple,and Harvey Vernier The meeting was called to order at 8 p.m.by Mayor Norm Johnson. Mr.Edwards moved that the minutes of the meeting of September 13 be approved as submitted,seconded by Mr.Wallenstien,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $82,926.06 STREET 5,741.13 ARTERIAL STREET 189.71 STREET REPAIR AND RECONSTRUCTION 148,940.38 WATER/SEWER FUND 13,690.42 WATER/SEWER CONSTRUCTION 5,444.71 1983 WATER/SEWER BONDS 385,394.33 SANITATION FUND 6,805.50 CENTRAL SERVICES 1,635.47 BUILDING MAINTENANCE 67.40 EQUIPMENT RENTAL 3,885.48 FIREMEN'S PENSION 41.50 TOTAL $654,762.09 Mr.Wallenstien moved that the bills be approved as submitted,seconded by Mr. Reese,and passed with Mr.Edwards abstaining from voting for that portion of the bills to Coast-to-Coast,and Mr.Rimple abstaining from voting for that portion of the bills to Moses Lake Steel Supply. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS RESERVOIR #6 A letter was read from Robert Townsend,Public Works Director,which recommended that the bid on Reservoir #6 be awarded to Welk Brothers Metal Products in the amount of $643,401.69,contingent on approval from EDA. Edward Rowzee of Chicago Bridge and Iron Company,stated that it is their contention that the low bid is technically non-conforming to the specifications,specifically relating to the mandatory earthquake design conditions.He stated that the city had informed them that Welk Brothers considered their submitted design preliminary in nature and could be altered as necessary to meet the specifications.The city did not respond to Chicago Bridge and Iron's contention that the low bidder was legally non-responsive to the bid requirements.He stated that a letter has been submitted to the City Manager pointing out that the use of reduced shell thicknesses in the low bidders design is a material non-compliance and affected the original bid price.The use of thinner shell plate effectively gave the tow bidder an unfair competitive edge.The are requesting that the low bid be disqualified and the bid be awarded to Chicago Bridge and Iron Company.He stated that if this could not be done they would request that the legal and technical merits of the protest be fully evaluated prior to any approval action by the City Council. Mr.Hansen of Welk Brothers stated that Appendix A addresses the shell thicknesses to be used on this type of reservoir.He stated that Welk Brothers used the most aggressive design allowed and it is in compliance with the code. 3652 CITY COUNCIL MINUTES:2 September 27,1983 James A.Whitaker,City Attorney,stated that the Council must decide if Welk Brothers's bid,which meets the bare minimum requirements of the specifications,is an acceptable bid.He pointed out that the objection from Chicago Bridge and Iron is that Welk Brother's design does not adequately address the technical specifica tions of Appendixes A and C.City staff is of the opinion that there is sufficient latitude of interpretation of the two appendixes that will allow consideration of the Welk Brothers bid as a bid conforming to the specifications.Welk Brothers has indicated in their letter that if their design will not pass a structural engineer's certification and is not acceptable to the city's engineer,they are committed to this bid price and will have to cover the difference. Mr.Rimple wanted to know who would be the structural engineer.Mr.Whitaker stated that Welk Brothers would have to come up with one but the structure will also be inspected by the city's engineer. Mr.Townsend pointed out that the city would be consulting for the services of a structural engineer. Mr.Edwards moved that the bid be awarded to Welk Brothers,upon approval of the EDA,seconded by Mr.Wallenstien,and passed unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATIONS -TRAFFIC CONTROL -VALLEY &CENTRAL a\I Dale Costin read aletter that was presented to the Council requesting that the »speed on Valley Road be reduced to 20 mph at the two times of the day when children are crossing the street,that amber blinking lights be installed at Valley &Central, and the speed limit be reduced to 25 mph on the Alder Street Fill.Mr.Costin stated that there are 43 school children in the area and 23 definately must cross Valley Road to get to and from school.He stated that he has talked to the Wash ington State Patrol and the Moses Lake Police Department and was convinced that nothing short of an amber blinking light to operate between the hours of 7:30 a.m. to 8:30 a.m.and 2:30 p.m.and 3:30 p.m.would relieve the situation. Christy Munsel stated that she works at Vista Quick Shop three days a week and has noticed that the children sometimes have to wait from 5 to 15 minutes to cross Valley Road because the cars will not stop. Ken Shelton stated that he has yet to observe a child walk across the street at this crosswalk.He pointed out that the approach to the crosswalk for cars is downhill from both directions and the distance to see a car coming is limited for the children.He felt that there is considerable danger to the children in crossing Valley Road.He also pointed out that Alder and Stratford are very heavily traveled roads and it was felt that the speed limit should be reduced to 25 mph. Joseph K.Gavinski,City Manager,gave the Council some information on the problem including the cost of placing signs or flashing lights.He stated that speed limit signs of 20 mph when children are present are to be put in this area.He stated that the Public Works Department observed the intersection between 2:30 p.m.and 3:15 p.m.and stated that 20 children crossed Valley Road during that time.He stated that 1 child crossed Stratford Road at Knolls Vista Drive between 2:45 p.m. and 3 p.m.He stated that a speed zone study was conducted on Stratford Road in 1981 and at that time it was recommended that the existing 35 mph remain.He pointed out that signs and lights will not prevent problems in this area though it may make drivers more aware of the children crossing the street.He stated that another alternative would be crossing guards in this area. Mr.Edwards stated that he was aware of the problem but felt it may be the respon sibility of the School District to pick up the children and transport them safely to the school. Mr.Shelton stated that the School District will not pick up children unless they are more than a mile from the school.He also stated that he had been informed it was illegal to have crossing guards. There was some discussion by the Council on the different alternatives possible and the cost of each one and the time it will take to implement it. 3653 CITY COUNCIL MINUTES:3 September 27,1983 Mr.Rimple moved that the Public Works Department be authorized to start and complete Phase I of the proposals submitted by the Public Works Director,seconded by Mr.Edwards. Mr.Vernier moved that the motion be amended to read Phase I and Phase II,seconded by Mr.Reese,and passed with Mr.Rimple opposed. The motion passed with Mr.Rimple opposed. There was some discussion on where the money will come from and it was decided to complete Phase I with funds from the 1983 budget and work Phase II into the 1984 budget. Mr.Vernier felt that the speed limit should be reduced to 25 mph along Stratford Road. Mr.Wallenstien moved that the speed limit be reduced on Alder Street to 25 mph from Broadway to the Highway 17 overpass,seconded by Mr.Vernier,and passed with Mr.Riraple opposed. COMMUNICATION -SKAUG BROTHERS -SIDEWALKS .^.-——/0-yo A letter was read from Rita Perstac,Community Development Director,which stated that Skaug Brothers store,located at 222 E.Third Avenue,is requesting permission to place tree wells in the sidewalk on the Third Avenue side of the store. Mr.Edwards moved that permission be granted to Skaug Brothers to place tree wells in the sidewalk on the Third Avenue side of the store,seconded by Mr.Wallenstien, and passed unanimously. V.ORDINANCES AND RESOLUTIONS ORDINANCE - MODEL TRAFFIC ORDINANCE - 2ND READING /DJ7AletterwasreadfromJamesA.Whitaker,City Attorney,which presented an ordi nance amending Chapter 10.04 of the Moses Lake Municipal Code entitled Washington Model Traffic Ordinance. The ordinance amending Sections 10.04.010 and 10.04.020 and repealing Section 10.04.040 of the Moses Lake Municipal Code entitled "State Model Traffic Ordinance" was read by title only. Paul Klasen,Grant County Prosecutor,stated that if this ordinance is passed the city will no longer prosecute drunk driving offenses but will turn these cases over to the county to prosecute.He stated that his office is in no position to take up the slack.He stated that Moses Lake has a Deputy Prosecuting Attorney on a part- time basis only and funds are not available to increase staff. Douglas Earl,Grant County Deputy Prosecuting Attorney,stated that he prosecutes those cases where the city has decriminalized its code and it has created additional work for his office.He stated that he will be unable to continue as a deputy prosecutor if this ordinance is passed.He pointed out that Mr.Whitaker is getting paid more than he is and he did not feel any attorney would consider the job as prosecutor lucrative enough to take it on so it would have to be done out of Ephrata. This would entail Moses Lake police officers traveling to Ephrata on a regular basis as well as all witnesses,jury trials,etc.He felt that if this ordinance is passed it could very well adversely affect the morale of the police Department since county cases will take priority over city cases. Joseph K.Gavinski,City Manager,stated that the Council had been informed when this matter was first discussed that it is a sensitive issue,that the city has the legal authority to do this,and there is a financial consideration,and the Council requested that it be discussed. Mr.Earl stated that he believed the ordinance would pass no matter what information or objections could be presented since the Council has already passed the first reading. Mr.Rimple stated that the purpose of two readings is to get information and comment from citizens on problems and possible solutions and that passage of the first reading of an ordinance does not automatically mean passage of the second readinq of an ordinance.3 3654 CITY COUNCIL MINUTES:4 September 27,1983 Mr.Reese moved that the second reading of the ordinance be tabled,seconded by Mr. Edwards,and passed with Mr.Staat and Mr.Wallenstien opposed. Mr.Rimple asked about the proposed legislation which would consolidate county and municipal court systems. Mr.Klasen stated that a 108 page bill has been introduced by Senator Talmadge and also there will be a seminar on October 4 in Everett to discuss the problems that have arisen in the court systems.There is a move to consolidate municipal and district courts but funding and other problems have yet to be worked out. Mr.Whitaker stated that the proposed bill unifies all the courts into one,puts the administrator for the courts in charge,and has a lot of problems.He did not feel it would pass in its present form.He stated that the city has the authority to enforce the traffic ordinance but not criminal offenses under Title 9 and Title "A. ^ORDINANCE -SET TAX LEVY FOR 1984 -2ND READING I A letter was read from Walter Fry,Finance Director,which presented an ordinance setting the estimated property tax rate for the 1984 budget year. -...,...The ordinance nxing the estimated amount to be received for municipal purposes from taxations on assessed valuations on property within the City of Moses Lake,Washington,for the year 1984 was read by title only. Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION .^MUNICIPAL BUILDING Joseph K.Gavinski,City Manager,stated that it had been recommended by Atwood and Hinzman that the roof of the Municipal Building be repaired to handle a 35 lb.per square foot snow load.This brought the cost of repairs to over $100,000.After some discussion it was determined that it could be repaired and brought up to handle a 25 lb per square foot snow load.Mr.Gavinski stated that he has instructed Mr.Hinzman to proceed with plans and specs on the repair of the roof.He further stated that the city would like authorization to go to bid and to amend the lease and contract on the building to delay the payments until the building is repaired. Mr.Wallenstien moved that city staff be authorized to call for bids to repair the roof of the Municipal Building to 25 lb.per square foot,seconded by Mr.Staat, and passed unanimously. Mr.Wallenstien moved that the lease payments be held in abeyance until the roof of the Municipal Building is fixed and the real estate contract be held in abeyance for a similar amount of time,seconded by Mr.Staat,and passed unanimously. 1983 STREET OVERLAY PROJECT o 0 A letter was read from Robert Townsend,Public Works Director,which stated that Central Washington Asphalt Inc.has completed the work specified for the Street Overlay Project and recommended that the work be accepted and the 30-day lien period be entered into. Mr.Edwards moved that the work be accepted and the 30-day lien period entered, seconded by Mr.Staat,and passed unanimously. n 1 I 3655 CITY COUNCIL MINUTES:5 September 27,1983 IX.COUNCIL QUESTIONS AND COMMENTS MEETING WITH PUD COMMISSIONERS Mr.Wallenstien stated that he had met with PUD Commissioner Hagerty who suggested that the Council meet in a joint session with the PUD Commissioners to discuss the long range power resources in the county. The City Manager was directed to set up a joint meeting with the PUD Commissioners. X. CITY MANAGER REPORTS AND COMMENTS RESCUE BOAT ZO/7 Russ Beeman,Fire Chief,stated that the rescue boat has been received and is in service.He stated that a few minor adjustments need to be made but he felt it would be very adequate and it is designed to allow them to work on 3 or 4 people if it becomes necessary.He stated that the Columbia Basin Power Boat Association is donating money to install sonar equipment on the boat for use in underwater search and rescue. FIRE STATION RAMP AND REMODEL Russ Beeman,Fire Chief,stated that the ramp in front of the Fire Station was replaced by the Columbia Basin Job Corps who did a very good job.He felt that a letter of appreciation should be sent to the Job Corps. He also stated that work is being done on enclosing the car port and they are waiting now for the metal for the outside and for the overhead doors. UTILITY COLLECTION PRACTICES /V3G> Joseph K.Gavinski,City Manager,stated that some questions have been raised about the city's utility collection practices and he felt it would be a good idea to refresh the Council's memory in this area. He stated that bills are due within 30 days of the date of billing and past due amounts are due immediately upon receipt.The day of termination shall be no less than 10 days from the date of notice of termination.He also pointed out that no water service will be terminated if the past due amount is $4.50 or less.He stated that the $4.50 was established prior to the last increase in the water and sewer bills and the Council may want to consider increasing the amount to $10 before service is terminated.He also pointed out that no water or sewer bill shall be more than 60 days past due.A service charge of $15 is assessed if the water is turned on during regular working hours and after regular working hours it is a $30 charge. Mr.Rimple pointed out that under current procedures the Billing Clerk has no flexibility to make judgment calls.He felt that this in itself could cause some problems. Mr.Edwards felt that allowing the clerk to have variable responses could cause more problems than it solves. LANDFILL RATES /Jff Joseph K.Gavinski,City Manager,stated that the city has received notice that the landfill rates will increase from $1.50 per loose cubic yard to $2 per loose cubic yard.This is a 33 1/3%increase and will probably necessitate a request for an increase in garbage rates.He stated that in 1983 the city budgeted $80,000 for landfill rates and in 1984 the city is tentatively budgeting $105,000 for landfill rates. The regular meeting was recessed at 10:15 p.m.and the Council met in an executive session to discuss real estate acquisition and union negotiations. The executive session was adjourned at 12 midnight and the regular meeting was reconvened.The regular meeting was adjourned at 12 midnight. City Clerk