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1985 05 28I ) 3835 CITY COUNCIL CITY OF MOSES LAKE May 28,1985 Members Present:Norm Johnson,Bill Reese,David Chandler,Wayne Rimple,Bob Wallenstien,Norm Staat,and Charles Edwards The meeting was called to order at 8 p.m.by Mayor Johnson. Mr.Edwards moved that the minutes of the meeting of May 14 be approved as submitted,seconded by Mr.Wallenstien,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL FUND $16,463.73 STREET 1,718.21 URBAN ARTERIAL 3,397.88 STREET IMPROVEMENT 18,306.41 WATER/SEWER FUND 8,466.18 WATER/SEWER CONSTRUCTION 511.65 SANITATION FUND 12,268.40 CENTRAL SERVICES 1,831.86 EQUIPMENT RENTAL 12,384.73 TOTAL $75,349.05 Mr.Wallenstien moved that the bills be approved as submitted,seconded by Mr. Chandler,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 II.CONSENT AGENDA Mr.Wallenstien moved that the following item on the Consent Agenda be approved: 1.Broadway Estates Mobile Home Park -Binding Site Plan and Variance -//J& June 11 set as the date to consider seconded by Mr.Reese,and passed unanimously III.CONSIDERATION OF BIDS BANKING SERVICES A letter was read from Walter Fry,Finance Director,which recommended that the city award the bid for banking services to Seattle-First National Bank. Action Taken: Mr. Wallenstien moved that the bid be awarded to Seattle-First National Bank,seconded by Mr.Chandler,and passed unanimously. NELSON ROAD RECONSTRUCTION A letter was read from Rita Perstac,Municipal Services Director,which pres ented the City Engineer's summary of the four bids received for the Nelson Road Reconstruction Project and the status of last year's Division Street Project.The status of Division Street is included because the prime contrac tor,Central Washington Asphalt,is the low bidder on the Nelson project. Staff recommends that the concrete bike path,bid as Alternate 2,be installed. '5l> <-j>/<? ,tf II s •3D 3836 CITY COUNCIL MINUTES:2 May 28,1985 Joseph K.Gavinski,City Manager,stated that Marchand has submitted what ap pears to be the second lowest bid.If Council desires to accept this bid, there would have to be an affirmative action taken by Council to declare that what had been done in his bid,in terms of the errors made,are irregularities and will be waived by the Council. Action Taken:Mr.Wallenstien moved that the reconstruction of Nelson Road with Alternate 2,the concrete bike path,and Addition 1,the storm drain,be awarded to Central Washington Asphalt,seconded by Mr.Reese,and passed i ' unanimously. IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS COMMUNICATION -AMERICAN POTATO -LANDFILL SITE A letter was read from Dennis Conley from American Potato,which stated that at the May 14 City Council meeting it was stated by one Councilman that he had never heard any opposition to locating a landfill at the sand dunes site.The letter requested an opportunity to express opposition to the city locating a landfill at the sand dunes site. Mr.Johnson stated that no Councilman made the statement that there was no opposition to the sand dunes site. Mr.Conley stated that a number of people left the last meeting with that im pression and they wished to restate their opposition to locating a landfill in this area.He stated that the people who buy from them send out quality as surance people to inspect their plants and he did not feel the city could en vironmentally control all of the vectors involved in a landfill such as rats, mice,birds,airborne bacteria,etc.He pointed out that American Potato is downwind of this proposed site and they are definitely opposed to it.He •;•• stated that they have hired Bill Fredrickson to work with the Port and city to find an alternative site,to attempt to get the city and the county to discuss a landfill,and to generate material in case there is any legal work in the future.He stated that it is their feeling that the sand dunes site is en vironmentally unsuited to a landfill and if it becomes necessary they will bring suit to prevent its location in this area. V.ORDINANCES AND RESOLUTIONS ORDINANCE -BOATING REGULATIONS - 2ND READING A letter was read from Joseph K.Gavinski,City Manager,which presented a boating ordinance which mirror's Grant County's boating ordinance.If one of the Sheriff's boats is on Moses Lake waters and a complaint is received for a violation of the Moses Lake Boating Ordinance,the Sheriff's office will respond at no cost to the city;however,if the city wishes the Sheriff's Of fice to do all the enforcement work regarding the city's boating ordinance a contract will be required. A letter was read from Sheriff Felix Ramon which stated that the if the county boat is on Moses Lake and a complaint is received,response will be at no cost to the city.Should the city desire the county to do all the enforcement work on this ordinance,it would have to be done under contract.The contract could be on a trade for services basis city the city responding to county com plaints within a limited area and on an officer available basis in exchange for a Grant County Sheriff's Officer responding to city waters of Moses Lake on an officer available basis.r~"| The ordinance enacting a new Chapter 8.34 of the Moses Lake Municipal Code entitled Boating Regulations was read by title only. Harold Hochstatter,2104,W.Marina,stated that he is opposed to the or-, dinance since it came from a government entity and not the city. Danny Moe stated that the regulations were developed in Washington DC and does not really apply to this area.He stated that the ordinance would give an officer the right to board a boat without probable cause and inspect for com pliance with the safety provisions.He felt the major problem is noise and he felt a noise ordinance would better handle the problem. 3837 CITY COUNCIL MINUTES:3 May 28,1985 Roger Hansen felt that the ordinance was not researched by the city and felt that the noise is the major concern.He pointed out that most of the boats on the lake now will not meet the decibel standards and enforcing the ordinance will make a lot of people unhappy.He stated that any engine over 15 hp would exceed the decibel standards in the ordinance. Don Ipoch,President of the Columbia Basin Power Boat Racing Association, stated that he is in agreement with the previous statements. Randy Albrandt,stated that he is also in agreement with what has already been stated. Mr.Edwards stated that these people have stated they don't like it but have not given any specific reasons.He felt the ordinance is necessary and needed. Action Taken:Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Wallenstien. Mr.Reese stated that he did not feel there was much of a problem and did not see any real reason for it. Mr.Chandler did not feel the boating ordinance is necessary and also felt the decibel regulations would be hard to enforce.He was not in favor of swapping services with the county. Mr.Rimple stated that when the representative of the Sheriff's Office was discussing the ordinance his main concern was the noise.He felt that the ordinance would take the fun out of boating. The motion failed with Mr.Edwards and Mr.Wallenstien in favor. ORDINANCE -BORROWING FUNDS -1ST READING A letter was read from Joseph K.Gavinski,City Manager,which stated that the Council passed an ordinance authorizing the city to borrow $500,000.In dis cussing the city's borrowing with bond counsel,it was her suggestion that the city reconsider the method of borrowing because under federal regulations it is possible the city could not meet the requirements necessary in order to make the interest to be paid to the lender tax exempt.The tax exempt status of the transaction is important in as much as the rate of interest quoted by Rainier Bank depends upon receiving the tax exempt status.Bond counsel has drafted a new ordinance which takes care of the tax exemption,repeals the prior ordinance passed by Council,and has an emergency clause for the passage of the ordinance on its first reading. The ordinance of the City of Moses Lake,Washington,authorizing the issuance and sale of a limited tax general obligation bond anticipation note in the principal amount of $500,000;specifying the terms,date,maturity,and form thereof;creating a special redemption fund and a building and equipment fund; pledging to issue limited tax general obligation bonds to pay the principal of and interest on the note;accepting a proposal for the purchase of such bond anticipation note;and repealing Ordinance No.1170 was read by title only. Action Taken:Mr.Wallenstien moved that the ordinance be adopted on its first reading,seconded by Mr.Chandler,and passed unanimously. JJ&Q RESOLUTION -ACCEPT SEWER MAIN -BERND A letter was read from Joseph K.Gavinski,City Manager,which presented a resolution accepting a sewer main from Robert Bernd for municipal use and which authorizes the City Manager to enter into a contract with Mr.Bernd for the reimbursement of part of the construction costs. The resolution accepting a sewer main from Robert Bernd for municipal services was read by title only. Action Taken:Mr.Rimple moved that the resolution be adopted,seconded by Mr.Chandler,and passed unanimously. //£v ,o/7 ort ftP 3838 CITY COUNCIL MINUTES:4 May 28,1985 RESOLUTION - VACATION OF LAUREL DRIVE A letter was read from Rita Perstac,Municipal Services Director,which pres ented a resolution accepting a petition for the vacation of all right-of-way know as Laurel Drive.This street is on paper only and is located south of, and intersecting with,Olive Street.The vacation request is made to allow for the construction of a retirement center on a triangular parcel platted in 1946 as Lots 16 and 17 of Lakeview Terrace Addition No.1.The developers are requesting that the requirement to compensate the city for half of the vacated right-of-way be waived. The resolution initiating the procedure for vacating a dedicated city street known as Laurel Drive adjacent to Lots 16 and 17 of the Lakeview Terrace Unit 1 Addition Plat was read by title only. Mr.Rimple wanted to know how much land is involved in the vacation.Ms.Per stac stated that there is approximately 21,000 square feet and it can be as sessed up to $2 per square foot which could come to $21,000 in compensation. Joseph K.Gavinski,City Manager,pointed out that compensation is set at the time of the adoption of the ordinance vacating the street. Action Taken:Mr.Wallenstien moved that the resolution be adopted,seconded by Mr.Edwards,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS 1985 STREET OVERLAY A letter was read from Rita Perstac,Municipal Services Director,which re quested Council authorization to call for bids on the 1985 Street Overlay project. Action Taken:Mr.Edwards moved that staff be authorized to call for bids on the 198b street Overlay project,seconded by Mr.Rimple,and passed unanimously. VII. REFERRALS FROM COMMISSIONS - None VIII. OTHER ITEMS FOR COUNCIL CONSIDERATION CONSIDERATION OF ALTERNATIVES - SANITARY LANDFILL A letter was read from Rita Perstac,Municipal Services Director,which stated that staff has identified the following landfill sites:sand dunes at the Wastewater Treatment Facility,Highway 17,8 northeast,12 northeast,existing 1-90 landfill,and south half of Section 6 near Black Sands.M.G.McLanahan, Assistant Public Works Director,has prepared a memo summarizing his landfill work since May 14.Staff is requesting direction for the first choice and/or alternative site for a city sanitary landfill so that the Landfill Environmen tal Impact Statement can be started. Bill Fredrickson stated that landfills are not good neighbors especially when they are in sand.He did not believe the sand dunes site could stand on its own environmentally.The County Commissioners have stated they would like to get out of the landfill business and they may be willing to have the City of Moses Lake take over the 1-90 Landfill.He stated that the lease has 11 years to run.He further stated that incineration is the coming thing in the con trol of solid waste.Liability is an issue with landfills and needs to be discussed. Dan Dazell stated that the proposed sand dunes site is near the off-road vehi cle park which includes 5,000 acres.It is also about 5 miles from the gulls nesting site and they would fly directly over this area.He stated that the contract with the USBR for the use of the land as an off-road vehicle park includes a provision preventing the deposit of garbage on the land.He stated that they are concerned that birds will deposit garbage they would retrive from the proposed landfill.He further stated that the users of the park.are increasing and garbage is becoming a problem.He stated that several groups spend time picking up garbage and the off-road vehicle program spends in ex cess of $800 just in garbage containers. 3839 CITY COUNCIL MINUTES:5 May 28,1985 Dave McMain,President of the Columbia Basin Sand Commandos,stated that 417,543 visited the sand dunes area in 1984.They are opposed to placing a landfill in this area. Steve Frazier stated that he is opposed to the sand dunes site for a landfill. John Breit stated that he is in the seed production business adjacent to the proposed site and he feels a landfill would be a definite detriment to his business and he is opposed to it. Mr.Edwards stated that he has been opposed to the sand dunes site from the beginning and felt the Highway 17 site would be a better location.He stated that it is away from residents and is poor farm land. Mr.Chandler stated that he is also opposed to the sand dunes site and is also in-favor of the Highway 17 site.He did not feel the 1-90 site is good be cause of the problem with contamination. Mr.Wallenstien stated that he is also in favor of the Highway 17 site as there is no way the city could have firm control of the 1-90 site and he is opposed to the sand dunes site. Mr.Rimple stated that the city has been offered a $200,000 grant and the county has some funds also.He wanted to know if there is a possibility of asking for an extension on the grant and working with the county on this prob lem since it is a county-wide problem. Mr.Gavinski stated that the city could request an extension of time on the offered grant.He pointed out that when the city submitted its own landfill plan it did not remove itself from the county-wide comprehensive plan.He stated that the city's plan specifically states that it will be inserted within the county's plan and that the city is using this only as an alterna tive if necessary to the county-wide plan.He pointed out that the first step is the preparation of an Environmental Impact Statement dealing with the con cerns that have been raised in scoping meetings. Action Taken:Mr.Wallenstien moved that the Environmental Impact Statement be done on the Highway 17 site,seconded by Mr.Chandler,and passed unanimously. PIONEER WAY CENTER TURN LANE A letter was read from Rita Perstac,Municipal Services Director,which stated that Pioneer Way from Five Corners to Olive Street has a continuous center turn lane and 4 travel lanes.From Olive on Pioneer has a center dividing line and 4 travel lanes.Pioneer's existing width is wide enough to extend the continuous center turn lane from Olive to Sharon by narrowing the existing lanes by about two feet.The Police and Fire Chiefs are in favor of this pro posal.This proposed left turn lane would also help channel traffic for the proposed retirement center to be located at Olive and Pioneer.City staff suggests Council consider approving a continuous center turn lane from Olive to Sharon in 1986. Action Taken: Mr. Edwards moved that a center turn lane be authorized on Pioneer Way from Olive to Sharon for 1986,seconded by Mr.Wallenstien,and passed unanimously. SAMARITAN HOSPITAL CONTRACT A letter was read from Joseph K.Gavinski,City Manager,which stated that '? according to the terms of the agreement between the city and Samaritan Hospi tal if there is a desire to renegotiate the terms of the agreement,the agree ment must be terminated.Since some of the terms of the agreement should be renegotiated,the City Manager is requesting authorization to give notice to the Hospital District that the city wishes to terminate this agreement and renegotiate a new agreement. Mr.Gavinski stated that he had talked to the hospital administrator and he does not agree that the agreement has to be terminated to be renegotiated.He is therefore asking Council authorization to give notice to Samaritan by November 1,1985 if the city and hospital cannot come to some agreement on ///7 otf \l )U 1 I*I* 3840 CITY COUNCIL MINUTES:6 May 28,1985 liability,insurance,cost of manning ambulance,etc.He further stated that the agreement states that if the agreement is in conflict with the Fair Labor Standards Act it shall be renegotiated. Action Taken:Mr.Edwards moved that the City Manager be authorized to give a notice to terminate the agreement by November 1,1985,if a new agreement is not reached by that date,seconded by Mr.Wallenstien,and passed unanimously. HUMANE SOCIETY CONTRACT A letter was read from Joseph K.Gavinski,City Manager,which stated that the agreement between the city and the Humane Society states that the agreement can be renegotiated annually without having to terminate the entire agreement. Notice has to be delivered by the party wishing to renegotiate the terms of the contract no later than December 1 of the year prior to when the renegoti ated terms would take effect.At this time the city would like to renegotiate the terms of the agreement. Action Taken:Mr.Wallenstien moved that the City Manager be authorized to notify the Humane Society of the city's desire to renegotiate the contract, seconded by Mr.Reese,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS -None X.CITY MANAGER REPORTS AND COMMENTS $q SPRINKLER SYSTEM ORDINANCE Joseph K.Gavinski,City Manager,stated that there has been a request by some Planning Commission members for the city to reconsider a sprinkler ordinance in the city.He suggested that a recommendation come from the Planning Com mission on a proposed ordinance. WHEELER ROAD/CLOVER DRIVE INTERSECTION Joseph K.Gavinski,City Manager,stated that the Council had requested a re port on the intersection of Wheeler Road and Clover Drive.After a traffic study was performed,it is the staff's recommendation that the intersection remain as is. STREET DIVISION -ADDITIONAL EMPLOYEE Joseph K.Gavinski,City Manager,stated that with the additional employee assigned to the Street Division the city has been able to implement the street sweeping program. WASTEWATER TREATMENT FACILITY Joseph K.Gavinski,City Manager,stated that the dedication and open house on the wastewater treatment facility will start at 2 p.m.on Wednesday,May 29, at the Central Operations Facility. WORKSHOP Joseph K.Gavinski,City Manager,stated that the Council/staff workshop has been scheduled for Kennewick on June 7,8,and 9. The regular meeting was recessed at 9:45 and the Council met in an executive session to discuss litigation.The executive session was adjourned at 10:15 p.m.and the regular meeting was reconvened.The regular meeting was adjour ned at 10:15 p.m. ATTEST: