1984 05 223716
CITY COUNCIL
CITY OF MOSES LAKE
May 22,1984
Members Present:Norm Johnson,Wayne Rimpie,Bob Walienstien,Norm
Staat,Dave Chandler,Chuck Edwards,and Bill Reese
The meeting was called to order at 8 p.m.by Mayor Norm Johnson.
Mr.Rimpie moved that the minutes of the meeting of May 8 be approved as
*—I submitted,seconded by Mr.Walienstien,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL FUND $21,208.19
STREET 9,097.66
ARTERIAL STREET 65,627.47
URBAN ARTERIAL 669.90
STREET IMPROVEMENT 43,227.00
WATER/SEWER FUND 10,603.12
WATER/SEWER CONSTRUCTION 31,406.98
SANITATON FUND 3,382.75
UNEMPLOYMENT COMP INS 5,445.98
CENTRAL SERVICES 3,041.69
BUILDING MAINTENANCE 171.15
EQUIPMENT RENTAL 4,796.54
TOTAL $198,678.43
Mr.Walienstien moved that the bills be approved as submitted,seconded
by Mr.Edwards,and passed with Mr.Rimpie 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
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
GARBAGE CONTRACT
Mr.Chandler requested an executive session to discuss the garbage /0<f<*
contract.
The regular meeting was recessed at 8:05 p.m.and the Council met in an
executive session to discuss the garbage contract.The executive ses
sion was adjourned at 8:15 and the regular meeting was reconvened.
A letter was read from Joseph K.Gavinski,City Manager,which stated
that only two bidders were in compliance with the Instructions to Bid-
.i ders.The Council has the authority to waive any irregularity in a bid]document but it was staff's recommendation that the bid be awarded to
^I Lakeside Disposal since they are the lowest bidder complying with the
city's requirements.
Dale Hempel,Superintendent of Moses Lake Schools,pointed out that if
Lakeside is awarded the bid,it will cost the School District approxi
mately $6,000 more than what is currently being paid and approximately
$9,000 more than Superior's bid.
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CITY COUNCIL MINUTES:2 May 22,1984
Ted Weirwick,Samaritan Hospital,stated that it will cost the hospital
approximately $27,000 over the life of the contract if it is awarded to
Lakeside,which is over a 100%increase in the garbage fees.
Darryl Ries,attorney,stated that he is in favor of the recommendation
by the City Manager,and that in his opinion there couldn't be a suc
cessful court attack on either position the Council took.
Bill Plonske stated that the rates between Lakeside and Superior vary
over $700 even on his commercial property.
Bill Moe stated that if the technicalities are waived,Superior is the
lowest and best bidder.He felt that the taxpayers would have to pay
the increase.
Gary McShane,Irish Meadows Trailer Park,stated that he is concerned
that Lakeside would be parking the garbage trucks next to his mobile
home park.He also felt that the taxpayer would be paying more.
Paul Klueber,Porterhouse Restaurant,stated that he did not feel the
citizens of Moses Lake would benefit if the low bidder is thrown out on
a technicality.He stated that it would cost him $6,500 more if the bid
is awarded to Lakeside than if it is awarded to Superior.
Patrick Acres,representing Superior,distributed some information to
the Council.He pointed out that the Instructions to Bidders say each
proposal page must be signed.The specifications state that spaces will
be provided for signature of the bidder.He pointed out that no spaces
are provided for a signature except on the last page.He also pointed
out that Lakeside did sign each page even though no spaces were pro
vided.He felt that the fact that Superior did not sign each proposal
page was simply a technicality.He felt the technicality should be
waived since there is a difference of $200,000 over the life of the con
tract between the bids.
Don Swanson,Don Swanson Motors,commented on the difference in the
city's administrative fee.He stated that a 35%fee was charged to Su
perior and a 30%fee was charged to Lakeside.
Jeff Earl,representing Patrick Carroll,owner of Broadway Estates,
stated that any increase in fees will be passed on to the renters.He
felt that the irregularities should be waived and the bid be awarded to
Superior.
Mr.Gavinski stated that under Lakeside's bid commercial accounts would
pay more but residential accounts would pay less than under Superior's
bid.He pointed out that it is the Council's decision what the rates
will be for both commercial and residential.He stated that the city's
administrative fee for each bid differs because of the difference in the
bid proposal amounts.
Mr.Walienstien stated that at the present time the Council is only con
sidering the total cost to the city.He stated that the rates could be
set any way the Council wished.
Mr.Rimpie felt that the Council has an obligation to serve the bests
interests of the citizens of Moses Lake.He stated that he would like
the city to waive the irregularity and accept the bid of Superior
Refuse.
Mr.Rimpie moved that the Council waive the irregularity in the bidding
and accept the bid of Superior Refuse,seconded by Mr.Reese.
Mr.Edwards wanted to know if Superior would be able to not provide ser
vice due to the fact that he did not sign the bid proposals.Mr.Gavin-
ski stated that once the contract is signed,it binds the contractor to
all the provisions.
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city council minutes:3 May 22,1984
Mr.Walienstien pointed out that the bidder must be reliable and able to
perform a satisfactory service to all the customers.He stated that he
has received more calls on this particular subject than on any other
since becoming a Councilman.He stated that all of the contacts have
been from commercial accounts which have felt that the service provided
has been unacceptable under the present contractor.
Mr.Rimpie stated that he has also received complaints but the per
centage compared to the total number of commercial accounts is very
smal1.
The motion failed with Mr.Rimpie,Mr.Reese,and Mr.Edwards in favor
'—»and Mr.Walienstien,Mr.Chandler,Mr.Staat,and Mr.Johnson opposed.
Mr.Walienstien moved that the bid be awarded to Lakeside Disposal,
seconded by Mr.Chandler,and passed with Mr.Walienstien,Mr.Chandler,
Mr.Staat,and Mr.Johnson in favor and Mr.Reese,Mr.Rimpie,and Mr.
Edwards opposed.
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IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
PUBLIC HEARING - LEASE OF MUNICIPAL PROPERTY
A letter was read from Joseph K.Gavinski,City Manager,which stated
that a public hearing was scheduled regarding the city possibly leasing
property which is adjacent to the city's Municipal Airport.The current
lease will expire on December 31,1984.
The public hearing was opened.There were no comments.
Mr.Edwards moved that the public hearing be closed,seconded by Mr.
Chandler,and passed unanimously.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -BODIE VACATION - 2ND READING
A letter was read from Rita Perstac,Municipal Services Director,which
presented an ordinance vacating a 120'portion of Main Street
The ordinance vacating a portion of Main Street was read by title only.
Mr.Rimpie moved that the second reading of the ordinance be adopted,
seconded by Mr.Walienstien,and passed unanimously.
ORDINANCE -AMEND 1984 BUDGET - 2ND READING
A letter was read from Walter Fry,Finance Director,which presented an
ordinance amending the 1984 Budget.
The ordinance amending the 1984 Budget for the City of Moses Lake was
read by title only.
ORDINANCE -AMEND 1.08 -GENERAL PENALTY - 2ND READING
A letter was read from James Whitaker,City Attorney,which presented an
ordinance amending Chapter 1.08,General Penalty.These amendments
would bring the ordinance into compliance with state law.
The ordinance amending Chapter 1.08 of the Moses Lake Municipal Code
entitled "General Penalty"was read by title only.
Mr.Edwards moved that the second reading of the ordinance be adopted,
seconded by Mr.Rimpie,and passed unanimously.
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CITY COUNCIL MINUTES:4 May 22,1984
ORDINANCE -AMEND 10.12 -PARKING - 1ST READING
A letter was read from Rita Perstac,Municipal Services Director,which
presented an ordinance deleting parking restrictions on the west side of
Clover Drive between Wheeler Road and Fairbanks Drive.Clover Drive has
been reconstructed with parking lane,two travel lanes and a shoulder on
the east side.
The ordinnance amending Moses Lake Municipal Code Section 10.12.035A
entitled "Restricted Parking Areas"was read by title only.r^
Mr.Edwards moved that the first reading of the ordinance be adopted,'_
seconded by Mr.Reese,and passed unanimously.
ORDINANCE -AMEND 13.02 -WATER CONNECTION CHARGES -1ST READING
A letter was read from Joseph K.Gavinski,City Manager,which presented
an ordinance amending the water service connection charges.The city
has installed meters and meter boxes when improvements in plats have
been installed.This was done at the city's expense without the present
usage of the meter by a property owner.This was done to reduce the
number of street cuts that would be made in order to get service to a
property after streets and roadways were installed.This ordinance
would allow the city to recoup its costs for installing the meters and
boxes.
The ordinance amending Moses Lake Municipal Code Section 13.08.020 enti
tled "Water Service Connection Charges"was read by title only.
Mr.Chandler moved that the first reading of the ordinance be adopted,
seconded by Mr.Rimpie,and passed unanimously.
hft ORDINANCES-AMEND 5.04/5.06 -LICENSING REGULATIONS
A letter was read from Joseph K.Gavinski,City Manager,which presented
ordinances amending the city's licensing provisions relating to tran
sient and/or itinerate merchants or vendors.This change was requested
by the Moses Lake Spring Festival.The change would eliminate the need
for a business license fee if the participants operate under the sanc
tion of the Spring Festival.The emergency provision has been placed in
the ordinances in order to speed the effective date of the ordinances
since the Spring Festival for 1984 is nearing.
The ordinance amending Moses Lake Municipal Code Section 5.06.080 enti
tled "Fee Schedule"was read by title only.
Mr.Chandler moved that the ordinance be adopted,seconded by Mr.Wal
ienstien,and passed unanimously.
The ordinance amending Moses Lake Municipal Code Section 5.04.080 enti
tled "Fee Schedule"was read by title only.
Mr.Edwards moved that the ordinance be adopted,seconded by Mr.Reese,
and passed unanimously.
ORDINANCE -FRANCHISE -KALASOUNTAS - 1ST READING
A letter was read from Rita Perstac,Municipal Services Director,which
stated tht George Kalasountas is requesting a franchise from the city to
cross Lakeshore Drive with an irrigation pipeline.Mr.Kalasountas
wishes to use lake water to irrigate a vacant lot on the east side of
Lakeside Drive.Last summer Pat Carroll,owner of the Broadway Estates
Moble Home Park,requested a franchise to cross Marina Drive with an
irrigation line so that he could irrigate the mobile home park with lake
water.The Council did not approve the first reading of the ordinance
granting Mr.Carroll the franchise.
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3720
CITY COUNCIL MINUTES:5 May 22,1984
The ordinance granting to George Kalasountas the right and franchise to
use and occupy streets and other public places and ways of the City of
Moses Lake,Washington,to construct,maintain,repair,renew,and oper
ate a water system within and through certain portions of the City of
Moses Lake,Washington was read by title only.
Mr.Reese pointed out that if the city grants this franchise,it opens
the door to many other requests of a similar nature which could result
in the streets along the lake being considerably torn up.
|There was some discussion by the Council.
^Mr.Edwards moved that the first reading of the ordinance be adopted,
seconded by Mr.Chandler,and passed with Mr.Staat,Mr.Chandler,Mr.
Edwards,and Mr.Rimpie in favor,and Mr.Johnson,Mr.Walienstien,and
Mr.Reese opposed.
VI.REQUESTS TO CALL FOR BIDS
None
VII REFERRALS FROM COMMISSIONS
WATER THEME PARK FINAL PLAT
A letter was read from Rita Perstac,Municipal Services Director,which //9/,
presented the Water Theme Park Final Plat.The Planning Commission
recommended this final plat be approved with the stipulation that the
comments from the City Engineer be met before the plat is finaled.
Minor items remain incomplete on the utility improvements;therefore,
staff does not suggest a performance bond be posted becuase it would be
for less than $1,000 and the work needs to be completed before the park
is open to the public.City staff recommends the final plat be accepted
with the condition that the following comments from the City Engineer be
met:
Jj 1.Utility improvements have not been accepted by the city.A punch
list of cleanup items has been submitted to the owner.
2.Maintenance bond has not been submitted on improvements.
3.Letter on payment of reimbursement for Westlake Lift Station.
4.Corner Section 30,29,31,and 32.Two corners exist at this point.
Corner location must be resolved.
Mr.Edwards moved that the final plat be accepted with the condition
that the comments from the City Engineer be met,seconded by Mr.Wal
ienstien,and passed unanimously.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
RESERVOIR 6 ANNEXATION
A letter was read from Joseph K.Gavinski,City Manager,which stated
that the city is requesting the Council to commence proceedings to annex
the 150'x 150'parcel of property owned by the city in the southwest
corner of Farm Unit 81,Block 41,Grant County,Washington.
;Mr.Edwards moved that June 12 be set as the date for a public hearing
I to consider the city's notice of intent to annex,seconded by Mr.Wal-
Vj lenstien,and passed unanimously.
IX.COUNCIL QUESTIONS AND COMMENTS
None
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CITY COUNCIL MINUTES:6 May 22,1984
X. CITY MANAGER REPORTS AND COMMENTS
PETERSON ANNEXATION
A letter was received from Lloyd and Dawn Peterson withdrawing their
application to annex Farm Unit 116 in Block 41.
REQUEST TO USE CITY PROPERTY
Dale Bjork,Fire District 5 Fire Chief,requested the use of the tennis
courts at McCosh Park for the Beer Garden during the Spring Festival.
Mr.Rimpie moved that the Company Chiefs be allowed to use the tennis
courts at McCosh Park for the Beer Garden during the Spring Festival,
seconded by Mr.Walienstien,and passed unanimously.
The regular meeting was recessed at 9:35 p.m.and the Council met in an
executive session to discuss personnel matters.The executive session
was adjourned at 10 p.m.and the regular meeting was reconvened.The
regular meeting was adjourned at 10 p.m.
ATTEST:
\xHMa)
City Clerk
_
3721a
BEFORE THE CITY COUNCIL
OF THE CITY OF MOSES LAKE,WASHINGTON
IN THE MATTER OF:
)
Water Theme Park Final Plat )Findings of Fact,Conclusions of
) of Law and Decision
)
This matter,having come on before the Moses Lake City Council for action on
May 22,1984,now makes the following:
PRELIMINARY PLAT FINDINGS OF FACT
1.Wheatland Development Co.owns approximately 10 acres of land located at
the intersection of Hansen Road and the State Frontage Road in the
Westlake Area legally described as follows:
In the County of Grant,State of Washington,all that portion of the
east half of Section 30,Township 19 North,Range 29 East of the
Willamette Meridian,lying northerly of the northerly right-of-way
of S.R.90 and easterly of the easterly right-of-way of a county
road known as Hansen Road.
2.The area is zoned C-4,Highway Commercial.
3.Wheatland Development Co.submitted a preliminary major plat for the en
tire 10 acre parcel on October 7,1983.The preliminary plat was circu
lated for review and comment as required by ordinance.
4.On September 22,1983 the Planning Commission considered an Environmental
Checklist for the proposed plat and declared the plat to have a non
significant adverse impact on the environment.The findings of the Plan
ning Commission were forwarded to the Department of Ecology.
5.On October 27,1984 a public hearing scheduled upon notice was held be
fore the Planning Commission to consider the preliminary plat.
6.The following comments on the preliminary plat were received from the
Grant County Planning Director:
a.Prefer one entrance as far north on Hansen Road as possible.
b.Prefer an exit lane for south bound traffic on Hansen Road to
facilitate entry into the park area.
c.The city has a blanket franchise for utility extensions in this area
but a permit must be obtained from the Grant County Public Works
Department prior to construction.
d.Suggest that the city annex Hansen Road.
e.Consider possibility of dual entrance -one entry and one exit onto
Hansen Road.One entry/exit may create congestion problems.
f.Any improvements for pedestrian or bcycle pathway be coordinated
with the Grant County Public Works Department.
7.The following comments were received from the State of Washington,De
partment of Transportation:
a.The State owns the frontge roads along Interstate 90,but in the Mae
Valley Interchange area we have an agreement with Grant County to
maintain the frontage roads.
b.We control the approval of the design of all improvements or changes
to our frontage roads,including access location.
3721b
c.The traffic generated by 1,500 people per day could possibly have a
significant affect on our transportation facilities in the Mae Val
ley Interchange area.We would like to see some projected traffic
diagrams and flow data.How many vehicles will use the frontage
roads?How many will come off of Interstate 90?
d.The cost of any improvements or changes to our frontage roads would
be to the developer.
e.We would appreciate being included in the environmental review pro
cess whenever the significance of impacts to our highway system is
in question.
8.The following comments were received from the City Engineer:
a.Utility locations and construction plans on Hansen Road (in Section
29)will have to be coordinated with the County Engineer's Office
under existing franchise.
b.All proposed utility extensions on Hansen Road (in Section 30)may
require the city to obtain a franchise.
c.County and/or state approval will be required for the portion of the
bicycle path in their right-of-way.
d.Where will vehicles access Hansen Road from the parking lot?How
many exits will be constructed?Access permits will be required
from the County.
e.Road access and improvements should be addressed to Grant County for
their comments on Hansen Road.
f.What provisions are made for disposal of pool water?
g.Legal description does not describe property shown,
h.Address of surveyor should be on preliminary plat,
i. No indication of found or set monuments.
j.Vicinity Map does not show adjacent parcels of land.
k.Vertical control datum not specified and no benchmarks shown on the
plan.
1.Recommend street lighting of access locations and in parking areas.
m.Recommend extension of the bike path along SR 90 right-of-way,plans
to be approved by the State Department of Transportation.
n.Please detail general plans for buffered landscaping and site
distances.
9.Wheatland Development Company submitted with the preliminary plat a
variance request to change the vicinity map scale from 1"=400'to 1"=
1/2 mile.
10.On October 27,1984 the Planning Commission recommended to the City Coun
cil that the preliminary plat and variance request to the scale of the
vicinity map be approved,on the condition that the City Engineer's com
ments be addressed on the final plat.
11.On November 8,1983 the City Council set Novembr 22,1983 as the date to
consider the Water Theme Park Preliminary Plat.
12.On November 22,1983 the City Council approved the Water Theme Park Pre
liminary Plat with the variance on the scale of the vicinity map and with
the condition that the City Engineer's comments be addressed on the final
plat.
3721c
FINAL PLAT FINDINGS OF FACT
1.The Water Theme Park Final Plat was submitted to the city on Apri19,
1984.The final plat was circulated for review and comment as required
by ordinance and scheduled for Planning Commission review.
2.On April 26,1984 the Planning Commission considered the Water Theme Park
Final Plat and recommended to the City Council that it be approved with
the stipulation that the comments from the City Engineer be addressed.
3.On May 8,1984 the City Council set May 22 as the date to consider the
Water Theme Park Final Plat.
4.On May 22,1984 the City Council approved the Water Theme Park Final Plat
with the condition that the following comments from the City Engineer oe
met:
a.Utility improvements have not been accepted by the city.A punch
list of cleanup items has been submitted to the owner.
o.Maintenance bond has not been submitted on improvements.
c.Letter on payment of reimbursement for Westlake Lift Station.
d.Corner Section 30,29,31,and 32.Two corners exist at this point.
Corner location must be resolved.
5.The comments of the City Engineer have been satisfactorily addressed.
CONCLUSIONS
1.The City Council of the City of Moses Lake is vested with the authority
and has the jurisdiction under the law to approve a final plat within the
city's corporate limits if the criterion required by law is met.
2.There appears after the public meeting before the City Council concerning
this preliminary plat,no opposition to its approval.
3.The City of Moses Lake is cognizant of the need to serve the welfare and
best interests of the entire community,the City Council of the City of
Moses Lake believes that this plat will serve the best interests of the
residents of the City of Moses Lake and bear a substantial relationship
to the public welfare of the entire community.
DECISION
1.The Water Theme Park Final Plat is hereby approved.
Dated June 20, 1984
CITY OF MOSES LAKE