1986 01 283917
CITY COUNCIL
CITY OF MOSES LAKE
January 28,1986
Members Present:Norm Johnson,David Chandler,Bill Frederickson,Wayne Rim-
ple,Charles Edwards,and Roger Biallas
Absent:Bill Reese
SWEARING IN OF NEW COUNCILMEN
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Walter Fry,City Clerk,administered the oath of office to Councilman Wayne
Rimple.
The meeting was called to order at 8 p.m.by Mayor Johnson.
Mr.Chandler moved that the minutes of the meeting of January 14 be approved
as submitted,seconded by Mr.Rimple,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT.
GENERAL FUND $23,622.30
STREET 6,350.46
CONVENTION CENTER 1,060.41
STREET IMPROVEMENT 26.31
BUILDING AND EQUIPMENT 10,000.00
WATER/SEWER FUND 16,339.16
WATER/SEWER CONSTRUCTION 231,935.55
SANITATION FUND 9,473.00
CENTRAL SERVICES 9,426.32
BUILDING MAINTENANCE 44.25
EQUIPMENT RENTAL 2,866.43
FIREMANS PENSION 61.75
ECONOMIC ASST.AUTHORITY 23,774.17
TOTAL $334,980.11
Mr.Edwards 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.
CERTIFICATES ^
A letter was read from the Fred Haynes,Acting Police Chief,which stated that
Administration Assistant B.J.Malecha attended and successfully completed a
course entitled "Developing Written Directives"and Officer Sean McCort has
graduated from the Field Training Officer Academy which is designed to develop
personal and professional effectiveness of a field training officer.
Certificates were presented to B.J.Malecha and Officer McCort.
I.CITIZEN INPUT
None
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
None
IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
COMMUNICATION - GRANT COUNTY COALITION TASK FORCE
——/O/O
A letter was read from Lounell Williamson,Coordinator of Grant County Coali
tion Task Force on Substance Abuse was read which requested funds from the
city for their programs educating parents,students,and the community on the
problems of drug abuse.
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3918
CITY COUNCIL MINUTES:2 January 28,1985
Joseph K.Gavinski,City Manager,stated that if the Council wished,funds
could be taken out of the Fund Balance for this group.However,under state
law the city cannot pay these funds directly to this group.The funds would
have to be paid to an organization the city can pay money to and that or
ganization would have to contact the Grant County Coalition Task Force.
Action Taken:Mr.Edwards moved that the request be tabled,seconded by Mr.
Chandler,and passed with Mr.Frederickson opposed.
Mr.Frederickson felt that city staff should work with this group and perhaps
sponsor some drug free dances through the Park and Recreation Department.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -WATER/SEWER BOND REDEMPTION SCHEDULE - 2ND READING
A letter was read from Joseph K.Gavinski,City Manager,which presented an
ordinance amending Ordinance #1184 to conform to the provisions setting forth
a mandatory payment schedule into the Water/Sewer Revenue Bond Fund,1985 with
the maturity and mandatory redemption schedules for the Water/Sewer Revenue
Refunding Bonds,1985.
The ordinance of the City of Moses Lake,Washington,amending Ordinance No.
1184 to conform provisions setting forth a mandatory payment schedule into the
Water and Sewer Revenue Bond Fund,1985 with the maturity and mandatory re
demption schedules for the Water and Sewer Revenue Refunding Bonds,1985 for
the city was read by title only.
Action Taken:Mr.Rimple moved that the second reading of the ordinance be
adopted,seconded by Mr.Chandler,and passed unanimously.
/ORDINANCE -ESTABLISH LID #53 -1ST READING
A letter was read from Rita Perstac,Municipal Services Director,which pres
ented an ordinance establishing LID #53.The only objection was from Homer
Basel of Boise,Idaho but there is 98%in favor of the LID.
The ordinance ordering the improvement of Melva Lane from the easterly corner
of Lot 1,Melva Addition #7 to Wapato Drive;Eastlake Drive between Nelson
Road and James Avenue;James Avenue in Broadripple #3;Kittelson Road between
Washington State Sign Route #17 and 705.50 feet east to the city limits by
grading,graveling,constructing curbs,sidewalks and/or bicycle paths,water
services,sewer side laterals,asphalt concrete pavement,signs,and storm
drainage in accordance with Resolution #1245 of the City Council of the City
of Moses Lake,Washington establishing Local Improvement District No.53;pro
viding the method of assessment in said district;providing that payment for
said improvement be made by special assessments upon property in said district
payable by mode of "Payment By Bonds";and providing for the issuance for sale
of local improvement district warrants redeemable in cash and Local Improve
ment District Bonds was read by title only.
Action Taken:Mr.Edwards moved that the first reading of the ordinance be
adopted,seconded by Mr.Frederickson,and passed unanimously.
AUTOMATIC FIRE EXTINGUISH SYSTEM ORDINANCE - 1ST READING
A letter was read from Rita Perstac,Municipal Services Director,which pres
ented an ordinance dealing with a sprinkler ordinance especially for hotels,
motels,and similar structures.The Planning Commission recommended to the
Council that the ordinance be adopted.
The ordinance creating Chapter 16.52 of the Moses Lake Municipal Code entitled
"Installation and Maintenance of Automatic Fire Extinguishing Systems"was
read by title only.
Action Taken:Mr.Edwards moved that the first reading of the ordinance be
adopted,seconded by Mr.Chandler,and passed unanimously.
3919
CITY COUNCIL MINUTES:3 January 28,1986
RESOLUTION -ACCEPT GIFT -BASIC AMERICAN FOODS
A letter was read from Cecil Lee,Park and Recreation Director,which stated
that Basic American Foods is presenting funds to the City of Moses Lake and
that the park and Recreation Advisory Commission recommends that the funds be
used to purchase play equipment.
The resolution accepting a gift from Basic American Foods in the form of
$5,000 to be used by the City of Moses Lake Park and Recreation Department for
playground equipment was read by title only.
Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by
Mr.Chandler,and passed unanimously.
RESOLUTION -ACCEPT GIFT -JAPAN AIR LINES
A letter was read from Joseph K.Gavinski,City Manager,which presented a
resolution accepting a gift from Japan Air Lines that was given to the Parks
and Recreation Department at the last Council meeting.
The resolution accepting a gift from Japan Air Lines in the form of $1,500 to
be used by the City of Moses Lake Park and Recreation Department was read by
title only.
Action Taken:Mr.Edwards moved that the resolution be adopted,seconded by
Mr.Rimple,and passed unanimously.
RESOLUTION -REQUEST FOR EASEMENT -PUD
A letter was read from Rita Perstac,Municipal Services Director,which stated
that the PUD is requesting an easement across city owned property where the
wastewater treatment facility is located and offering $1 for the easement.
The easement requested measures 44'side along the west side of the property
and 100'wide along the north side.Upon review,the city staff found the PUD
easement too restrictive and prepared an easement consistent with other PUD
easements that require conformance with the existing PUD franchise agreement
with the city.
The resolution authorizing the City Manager to grant an easement to the Public
Utility District of Grant County was read by title only.
Joseph K.Gavinski,City Manager,stated that this item was brought before the
Council for discussion as there are several items that need to be resolved
before granting the requested easement.He pointed out that.the PUD easement
does not allow any construction in the transmission line easement while the
city's proposed easement is less restrictive and is probably not what the PUD
would want.He felt that perhaps a compromise could be worked out with the
PUD paying the city for essentially giving up that property.
Mr.Rimple stated that he did not like the PUD's easement because it is too
restrictive.
Doug Hein,representing the PUD,explained why the PUD needs the 40'x 100'
easement.He pointed out that the line only runs along 3/4 of a mile of city
property.
James A.Whitaker,City Attorney,pointed out that the requested easement is a
perpetual one and is an interest land.The franchise ordinance simple grants
the PUD the right to use city streets for the placement of electrical
utilities.
Action Taken:Mr.Frederickson moved that the staff be directed to work with
the PUD on the easement,in connection with the PUD franchise ordinance,
seconded by Mr.Edwards,and passed unanimously.
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3920
CITY COUNCIL MINUTES:4 January 28,1986
RESOLUTION - REQUEST FOR EASEMENT -MELING
A letter was read from Rita Perstac,Municipal Services Director,which stated
that an existing building,located at the intersection of Penn and Block
Streets,encroaches several inches upon city right-of-way.To resolve this
encroachment problem an easement,from the city to the property owners,is
presented for Council consideration.
The resolution authorizing the City Manager to grant an easement to Joyce _
Marie Meling and Gordon Lee Meling was read by title only.|
Action Taken:Mr.Chandler moved that the resolution be adopted,seconded by J
Mr.Frederickson,and passed unanimously.
RESOLUTION -115KV TRANSMISSION LINE
A letter was read from Joseph K.Gavinski,City Manager,which presented a
resolution stating a possible position of the Moses Lake City Council regard
ing the proposed construction by the Grant County PUD of a 115 kV transmission
line through or around the City of Moses Lake.
The resolution stating a position with regard to the construction of a 115 kV
transmission line through or around the City of Moses Lake was read by title
only.
Mr.Gavinski requested that in the second recital the words "being built"be
stricken and in the third resolved the word "recital"be changed to
"Resolved".
There was some discussion by the Council on the resolution.
Dr.Richard Penhallurick stated that he felt the PUD should place all their
overhead lines underground.
Action Taken:Mr.Frederickson moved that the resolution be adopted with the
changes as recommended by the City Manager and in the third resolved deleting
"and which does not make an aerial crossing over any of the waters of the
Moses Lake proper or its associated horns",seconded by Mr.Chandler,and
passed unanimously.
VI.REQUESTS TO CALL FOR BIDS
JANITORIAL SERVICES
A letter was read from Rita Perstac,Municipal Services Director,which stated
that the Council had rejected all contract bids because no bidder met the
fidelity bond requirements.In checking with other business who contract for
janitorial services,it was found that none of them require a fidelity bond
for the services.The city's insurance company has stated that a fidelity
bond market has essentially not been available for over one year.
Action Taken:Mr.Edwards moved that staff be authorized to call for bids
without the requirement for a fidelity bond,seconded by Mr.Chandler,and
passed unanimously.
PARK LAWN SWEEPER AND THATCHER/SEEDER
A letter was read from Rita Perstac,Municipal Services Director,which re-r
quested authorization to call for bids for a Parks lawn sweeper and thatcher/
seeder.
Action Taken:Mr.Edwards moved that staff be authorized to call for bids,
seconded by Mr.Rimple,and passed unanimously.
3921
CITY COUNCIL MINUTES:5 January 28,1986
VII.REFERRALS FROM COMMISSIONS
SHORELINE MASTER PLAN -BIENNIAL REVIEW
A letter was read from Rita Perstac,Municipal Services Director,which stated
that the Planning Commission reconsidered amending the Shoreline Master Plan
by adding language to state "no transmission lines b permitted on any of the
city's lake shore from the street right-of-way to the lake."The Planning
Commission recommended to the Council that the Shoreline Master Plan not be
amended since the existing Plan adequately covers transmission and utility
liens in Section D.Utility Systems.
Action Taken:Mr.Frederickson moved that a public hearing be set for
February 11,seconded by Mr.Rimple,and passed unanimously.
CASCADE PARK MAINTENANCE AND OPERATION PROPOSAL ;/i/
Mr.Frederickson stated that since he owns property in the vicinity of Cascade
Park he would abstain from participation in his item.
A letter was read from Cecil Lee,Park and Recreation Director,which stated
that the Park and Recreation Advisory Commission has been studying a proposal
to operate and maintain Cascade Park by contract.The Commission has reviewed
a list of items and standards which could be put into an agreement that would
clearly keep the city in control of the park and activities that take place in
the park.The Commission recommended that Council approve the concept and
direct staff to work up an agreement for a one year trial program.
James Clark distributed a letter protesting the proposed contract to the Coun
cil and stated that he was against the idea of a manager of a city park col
lecting fees and he did not feel a city park should compete with a private
enterprise and the contractor is proposing to construct a marina in the park
which would compete with the existing privately owned marina.
Ralph Kenison stated that this was school land at one time and in 1957 the
city got a lease for this land from the State Land Commission and commercial
entities were kept out of this area.At one time it was under the joint
jurisdiction of the city and county.He stated that he owns four aces on the
city side of the park and he is asking that the city keep the park.He stated
that if the park is contracted out,a commercial enterprise must make money.
He felt the city should keep control of the park and if the city cannot make
ends meet that some changes be made in the park.
Harold Tracy stated that he agreed with Mr.Kenison and felt the Council
should be \/ery cautious about making a commercial venture out of a city park.
Tyler Brown,representing the contractor,stated that it will not be a commer
cial operation and there has been no mention of boat moorage or providing com
petition with the existing marina across the lake.There is a couple who have
retired from their jobs in Alaska but are still active and are interested in
working out of doors.They would like to locate in the park and maintain it.
There would be change in day use of the park and in essence would be a main
tenance agreement with the city.It would not be a commercial venture such as
Pier 4.
Mr.Lee stated that the Park and Recreation Commission has spent a great deal
of time on this proposal.He stated that the Park Department operates the
park with as low a cost as possible and the city does a good job of it.If
there is a on-site manager it will provide for better control of the park and
a reservation system for the camping sites could be set up which could gener
ate more money.There are approximately 40 over-night camping sites;20 with
water and electricity and the other 20 with just water.Staff felt that under
this contract the city could expand and better its services to the community
without an increase in the cost.The city would maintain control of the park
and no fees would be charged without approval by the City Council.
Mr.Chandler wanted to know how they intend to make a profit.Mr.Lee stated
that he did not know.
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3922
CITY COUNCIL MINUTES:6 January 28,1986
Mr.Biallas wanted to know what the city would do to improve the park.Mr.
Lee stated that any improvements in the park would be small ones since the
city does not have the funds available for major improvements.
Joseph K.Gavinski,City Manager,stated that in the past it has been sugges
ted that something be done with Cascade Park to reduce its cost to the city,
such as having a resident manager.This has been kept in mind over the past
several years and when this proposal was presented,the city staff began to
consider it.
Mr.Rimple suggested that the people who are proposing to maintain the park
present their proposal directly to the City Council.
Mr.Brown stated that they wish to be allowed to live in the park in exchange
for maintaining it and collecting the fees.He stated that nothing would be
changed for the way it is managed by the city except that there would be a
resident manager/caretaker.Any improvements that they may wish to do would
have to be approved by the city.
Mr.Chandler did not see how the manager could make money if the city is
losing money at this time on the park.
Mr.Brown stated that the camping sites bring in about $10,000 at the present
time and that could be increased with an on-site manager that could collect
the fees every day.
Mr.Biallas pointed out that it is the function of the city to provide ser
vices to the citizens even if they don't break even.
Mr.Rimple pointed out that according to the proposed agreement there would be
nothing changed in the park but he felt the Council should be provided with
more details on where the proposed residence would be located,etc.
Mr.Edwards did not feel that any person could be responsible for everything r^
that is required in the proposal.He felt the city would have to do some of
it.
Action Taken:Mr.Rimple moved that the proposal be tabled,seconded by Mr.
Chandler,and passed with Mr.Frederickson abstaining.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
(P EMPLOYEE CONTRACT -TRAINING
A letter was read from Joseph K.Gavinski,City Manager,which presented a
proposed agreement for the reimbursement of training expenses.The agreement
would be used when an employee of the city is provided training by the city in
excess of five days.
It was the consensus of the Council that the agreement be amended to take into
account those employees who have to have so many hours of continuing education
in order to retain their certification.
,1 CLAIM - M & S CONSTRUCTION
\Q*
A letter was read from Joseph K.Gavinski,City Manager,which stated that M &
S Construction Co.has presented a claim against the city in the amount of
$229.40.The claim arises out of a contract M &S Construction had with Tri-
State Construction.It is recommended that the claim be denied since there is
no contractual relation between M &S Construction Co.and the city.
Action Taken:Mr.Biallas moved that the claim be denied,seconded by Mr.
Chandler,and passed unanimously.
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3923
CITY COUNCIL MINUTES:7 January 28,1986
PUBLIC OFFICIALS LIABILITY INSURANCE 0 ^/
A letter was read from Joseph K.Gavinski,City manager,which stated that the
city's insurance broker has secured public official liability insurance for
1986 but does not cover prior acts.Subsequently the insurance broker has
located insurance which would cover prior acts but at a considerably higher
price.The first insurance policy is available for approximately $10,000 and
the second for approximately $14,000.Staff is requesting Council direction
on which insurance to purchase.
Mr.Gavinski stated that the city has acquired most of the insurance it
desires and close to the amount budgeted.
There was some discussion by the Council and staff was directed to purchase
the insurance which covers prior acts.
IX.COUNCIL QUESTIONS AND COMMENTS
None
X. CITY MANAGER REPORTS AND COMMENTS
OPTIONAL CODE CITY -STUDY SESSION .,y/*>
Joseph K.Gavinski,City Manager,stated that the Council had directed staff
to acquire information on changing the classification of the city and request
ed a study session to go over the information with the Council.
The Council set February 18 at 8 p.m.for a study session.
The regular meeting was recessed at 10:45 p.m.and the Council met in an ex
ecutive session to discuss labor relations and personnel matters.The execu
tive session was adjourned at 11:15 p.m.and the regular meeting was recon
vened.The regular meeting was adjourned at 11:15 p.m.
ATTEST:
City Cleric