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1972 10 10\t V—J' / COUNCIL MEETING -Regular Session October 10,1972 Council Chambers 8:00 P.M. Members present -Councilman Robt.E.Hill,Norman W.Johnson,W.B.Moe,Gordon M.Ebbert, Otto M.Skaug,Ernest V.Lindell and Michael Boyle. .Invocation -Father Godfrey White of the St.Martin's Episcopal Church Mayor Skaug called the meeting to order and called for approval of the minutes of the previous meeting of September 26,1972.Motion by Boyle that the minutes be approved as written.Second by Lindell. .Motion carried. REGULAR BILLS •-TOTAL AMOUNT PAID FUND GENERAL $2,851.78 PARK &RECREATION 3,394.53 STREET 132.85 URBAN ARTERIAL 39,457.95 ^--WATER/SEWER 2,198.05j£'EQUIPMENT RENTAL 1,242.89 00 Motion by Johnson that the regular bills be paid. Secondby Hill.Motion carried. O Warrant No's.3165 through 3250 in the amount of $49,278.05 were approved for payment. o ORDINANCE -REGULATION OF OUTSIDE DISPLAYS AND STORAGE OF MERCHANDISE (1st reading). 1771 /6*/ The ordinance was read by title only.The ordinance defines what constitutes an Auto Wrecking Yard and requirements for "storage"and "display"in CNS;CI;CM;and HS Zones.Change in zoning requires a public hearing.Motion by Hill to accept the first reading of the ordinance and set October 24, 1972-as a public hearing date .and consideration of the second reading of the ordinance.Second by Johnson.Motion carried. ORDINANCE -CHANGING ZONE CLASSIFICATION FROM R-1S to R-3 (Payrolls Unlimited)(1st reading).J/Q/) A,lettef was submitted from the Community Development Director,Larry Hlbbard,stating that the City has received a request from Payrolls Unlimited to rezone Tracts 69 and 70 Battery Orchard Tracts to accomodate their proposed resort-motel-convention facility.The Planning Commission has held a public hearing on the proposed rezone and recommends the Council rezone Tracts 69 and 70 of Battery Orchard Tracts from R-1S to R-3 with the provisions that this rezone be subject to Payrolls Unlimited obtaining the property and that the property reverts to its present zone if a building permitIs not issued for the con struction of the proposed facility within one year of the date the property is rezoned R-3. The Ordinance was read by title only.Motion by Johnson to adopt the first reading and that a public hearing on this issue be held on October 24,1972.Second by Lindell.Motion carried. ORDINANCE -ADOPTING THE 1971 EDITION OF THE NATIONAL ELECTRICAL CODE AND AMENDING PROVISIONSWITHREFERENCETOMETALLICRACEWAYS(1st reading).J/O ?/* A letter was read from Richard L.Weaver,Public Works Director and Russ Beeman,Fire Chief,stating they were submitting correspondence from architectural and electrical engineers involved in the design of a-thirty-six unit apartment building for the elderly to be constructed by the Chaussee Corporation at Sixth and Beech Streets. the State of Washington .passed a law allowing the construction of modular homes which pre-empted the City's right to establish building,electrical,and plumbing codes for construction within the City limits on modular units.We are now faced in the apartment building area with a City of Moses Lake code that requires wiring be in metal conduit for a locally built building,but requires Romex for modular buildings. The letter further states,that their feeling is that even though conduit would add to the wiring cost, the requirement is a reasonable one.In their opinion,the leading causes of electrical fires in buildings Involved open Romex.However,since the State has pre-empted the city's right to set construction standards it would seem unreasonable to require local contractors to compete with out of town factory built apartments on the basis of two separate codes that force our local contractors to use a restricted code.For that reason they are asking that the requirement for metallic conduit be deleted as a requirement in apartment buildings,and also recommended adopting the 1971 Edition of the National Electrical Code. Letters were submitted from Sparling &Associates,Inc.,and from Harader Mebust Schoor Company, requesting a variance from the City of Moses Lake Ordinance #476 as amended by Ordinance #530 by accepting the State and National Electrical Code. iWi i5& Council Minutes:2 October 10,1972 Councilman Ebbert inquired,'if there is so much fire danger with the Romex,why did the State allow it?City Manager,Chet Waggener,stated that the State uses the National Electrical Code which is a minimum code,and our people really feel that in apartment buildings something more than minimum is desirable,but because the State pre-empts on the modular units to the disadvantage of our local con tractors,therefore,this request. Councilman Hill inquired of the Fire Chief,that if this were passed,would it affect our fire rating if we had a series of fires,and Chief Beeman stated that he didn't think at this point it would have any affect on our fire rate.Whereupon the City Manager inquired of him whether the Fire Underwriters would be satisfied regarding conformance with the National Electrical Code,and Chief Beeman stated,yes,they would. The Ordinance was read by title only. Second by Boyle.Motion carried. Motion by Lindell to adopt the first reading of the ordinance. ORDINANCE -AMENDING GARBAGE COLLECTION RATE SCHEDULE (1st reading). A letter was read from the City Manager,stating that due to standards subscribed by the Department of Ecology pertaining to our Sanitary Landfill operation,it has become necessary because of the increased costs to the contractor to negotiate with the contractor in order for him to meetthe increased costs of operation.The present contract has approximately nine months remaining,and at the expiration date the City will be required to re-advertise for the refuse collection within the City.He requested City Council authorization to execute a revised contract with Western Refuse for the remaining time of the original contract. Also in order for the City to pay for the increased costs it will be necessary to have a rate increase at this time,therefore,submitted for Council's consideration an ordinance changing the rates for refuse collection within the City of Moses Lake. A letter was also read from the Public Works Directorstating that they have been renegotiating the refuse contract between the City of Moses Lake and Western Refuse Company.The new agreement with Grant County,whereby they will pay their share of the cost of the operation of the Sanitary Landfill and we will operate on a seven-day a week basis rather than a six-day week,has brought to light the fact that the Sanitary Landfill cannot be operated tc our standards under the old contract.Increased costs and different operations standards prescribed by the Department of Ecology constitute a changed condition in the Contract bid on by Western Refuse. Under the terms of the new contract,Western Refuse would be required to hire a local Manager-Operator and one full time attendant at the Landfill and provide an additional piece of equipment at the Landfill capable of hauling cover material over longer distances. These new requirements will Increase the contractors costs $1,100 per month,and therefore,asked for a residential rate increase to $2.40 per month.The request has been evaluated by using a cost per hour breakdown and believe it to be justified.An ordinance is submitted revising the present garbage rate for council action.The ordinance was read by title only increasing the residential garbage pick up rate from $2.15 to $2.40 per month. City Manager Waggener stated that the present contract was awarded four years ago and at that time advised the contractor if they could show us cost records that a rate increase is necessary,then we .'' would discuss the possibility of a rate increase.In this period of inflation,it is surprising that we ' have gone four years without the contractor finding it necessary to request a rate increase. The Public Works Director submitted a listing of garbage rates charged by cities in the surrounding area and they were all higher than the proposed rate,with the exception of Ephrata charging $1.80 per month...-•.-" Councilman Hill stated that he thinks the contractor is doing a fine job in the residential area but questions the services in the business district and thinks in most cases it is due to poor pickup service.Rich Weaver's comment to that was that many business places are required to use special large containers and they are not using them,therefore,the garbage is being spread over the street and in the alleys.He intends to have this checked out and see to it that those that should have special'* containers will be required to use them. Motion by Lindell to.adopt the first reading of the ordinance. Opposed by Hill and Johnson. Second by Boyle.Motion carried. RESOLUTION -ECONOMIC ASSISTANCE AUTHORITY FUNDING - MILLER HOMES UTILITIES A letter was read from the Public Works Director stating that through the Department of Natural Resources the owners of the property where Mr. Howard Miller is attempting to develop a convention and travel center in the Mo6es Lake area,the Washington State Department of Commerce and Economic Development has become aware of the need for extension of utilities to the Miller Homes site. i,) 1773 City Council Minutes:3 October 10, 1972 Consequently an industrial development agent was sent to the City of Moses Lake to inform us that long term low interest loans might be available to the City to assist in commercial or industrial develop ment.These loans are available for providing utilities and access to commercial and industrical develop- \ )•ments.Their initial investigation indicates that the Miller Homes project would qualify for assistance, and the City has submitted a preliminary application loan from the Economic Assistance Authority,and are asking the City Council for policy guidance:Decide"whether or not we would care to act as an inter mediary to obtain a loan from the EAA for the installation of access road and utilities;Negotiate with the developer a contract that insures that should the City act as intermediary and accept the money from the State,and then pass the monies through to the developers to install utilities,that the City of Moses Lake is protected by adequate security to protect the citizens of Moses Lake from becoming responsible for repaying a loan should the developer become unable to perform and repay it. A resolution was submitted and read by title only authorizing application for funding assistance for the Howard Miller convention and travel center to the Economic Assistance Authority as provided for by project funding priorities (WAC 175-20-040). O City Manager Waggener stated that the convention center proposed by Payrolls Unlimited was also in- |>eluded to be considered for funding, but were advised that the City Council would have to makea decision 00 to make funding available for one or the other.At this time Payrolls Unlimited is not interested in obtain- t-r*ing such funding,and asked not to be considered.The only request then is to consider the Miller Homest§convention center extension of utilities.The funding is related to the Governor's "Jobs Now"program. *£?Assuming the Council acts favorably,this does not automatically mean that the grant is avaialble,it will•^have to be something permanent that will employ people. So far as the loan itself is concerned,it is a 4%interest loan with a deferred payment program that will albw several years for a business to get started before starting to repay.If this is approved and the project goes,that the developer would at a future date be repaying the City of Moses Lake.In conferring with John Calbom,City Attorney,we would have to have a bond to assure the City that total repayment would be forthcoming.The funding can be used only for utilities,streets,publicly owned facilities and cannot be used for their own project.In essence the Moan would be made to the City and the developer would have to repay the City. Councilman Hill expressed the feeling,that based upon the developer not putting up the money,it appears that the City is actually fronting for the developer,although he is to put up his credit;can't s.ee the City . fronting for a developer and then put up with his loan.City Manager Waggener commented that the'theory of the program is to use State money to help produce additional jobs,If the Council feels otherwise,they might not favor it. Councilman Johnson commented that the City would be financing this to a concern on State land and the State owns that land. Councilman Ebbert inquired as to how many people did they indicate they would put to work.Rich Weaver said they stated about 105 within six months.Their ultimate number would be 250 to 300 people.This is the point they will have to satisfy the State in order to grant it.Miller Homes have been advised of the arrangement for repayment of this loan and that we would have to have some guarantee such as a bond. Councilman Lindell stated that the City has had some sad experience with bonds.John Calbom added that it would have to be a payment type bond to retire the loan,and Miller Homes would have to be strong or come up with some kind of collateral in order to get such a bond issued. Mayor Skaug felt that some of these factors would be made more evident at some later date when Miller 'Homes are compelled to justify their extent and structure to the State.This is merely a resolution for Council approval. ,Motion by Boyle that this constitutes starting a private developer,and that the resolution authorizing application for funding assistance for the Howard Miller convention and travel center to the Economic Assistance Authority be denied.Second by Johnson.Motion carried.Opposed by lindell and Skaug. Councilman Lindell stated he was in favor of the Resolution in order to get more information and make the final decision later. CASCADE PARK WELL -ACCEPTANCE OF WORK A letter was read from Richard L.Weaver,Public Works Director,stating that Mahaffey Excavation has //*o/ satisfactorily completed all work under Contract #72-02,Cascade Park Phase II,Well Digging and Testing, and recommended the City Council accept the work and enter into the thirty-day lien period. Motion by Moe to accept the work and start the lien period.Second by Johnson.Motion carried. Rich Weaver stated that it might interest the Council to know that the well tested 200 gpm,and it is 12 feet deep. It14 Council Minutes:4 October 10,1972 CASCADE PARK DEVELOPMENT • • A letter was read from Rich Weaver,Public Works Director,stating that as directed by the City Council at their regular meeting September 19,1972,have met with local contractors and worked out the difficul ties we had in the engineering plans and bid estimates.At thLs time we have one proposal from Marchand Construction.Inc.,for'the construction of the pump house in the amount of $4963.04,and ask Council approval to allow us to sign a contract with them.We plan to bid the pump and controls separately by local contractors as well as the sewage dump station,foundation and utility hookups for water and sewer on the comfort station,and make the water main extensions and construct a portion of the dike.The City of Moses Lake Park &Recreation Department will order,assemble and install the comfort station,as well as previously planned will make final installation of picnic tables and fireplaces.The Public Works Department Street Division will completeconstruction of the dike.Thiis will complete the Cascade Park - Development within the scope of the funds allocated.The request presently is just for action on the pump house as submitted by Marchand Construction. Motion by Ebbert to award the bid for the pump house to Marchand Construction in the amount of $4963.04. Second by Hill.Motion carried. LARSON PLAYFIELD -CONCESSION STAND -RESOLUTION NO.581 4,\\'y Aletter was read from Bill Skeels,Park &Recreation Director,stating that the Kiwanis,Lions and'/••Rotary Clubs have agreed to build as a tri-club venture,a concession stand in Larson Playfield. ".n<-j~This concession stand will become an attractive addition to Larson Playfield and will add a muchJ®needed service to the public.A resolution is submitted accepting the gift of this concession'stand « from the above-mentioned clubs for Council approval.< He further stated that the City of Moses Lake has no desire to either operate or make a profit from a concession stand,and submitted an agreement to be entered into with Youth Baseball,Inc.( designated tooperate the concession stand as a service to thejpublic,and will,as spelled out in the agreement,divide the .profits among those organizations who are playing baseball and softba-U - In Moses Lake.It is anticipated that the profits from this concession stand will help make Youth ( Baseball an independent organization and will greatly benefit both the youth and adults of our community.— The resolution was read by title only.Motion by Hill to adapt the resolution.Second by Ebborti f"™1 Motion carried. Motion by Johnson to authorize the city to enter into an agreement with Youth Baseball,Inc.,to operate the concession stand.Second by Lindell.Motion carried. PHEASANT STREET EXTENSION-ACCEPTANCE FOR MAINTENANCE -RESOLUTION NO.582 ^.^. lO>*A letter was read from the Public Works Director stating that Allied Beverages, Inc. has installed . approximately 320 feet of eight inch sewer line;320 feet of six inch water main,and graded and.^ graveled the roadway on the Pheasant Street Extension in Western Addition.These installations *\,- have been inspected and approved by the Engineering Division.It is .his recommendation that ', the City accept these utilities and roadway for maintenance,and the right of way as described in ,f the Resolution and Quit Claim Deed from Allied Beverages Services,Inc. The resolution was read by title only .Motion by Boyle to adopt the resolution according to the v Public Works Director's recommendation.Second by Lindell.Motion carried. P i GRANT COUNTY SOLID WASTE PLAN -PRESENTATION BY CONSULTANT The City of Moses Lake has an agreement with Grant County and the City of Ephrata,and an authorized grant for a Solid Waste Management Study.The Study is required by State legislation.'. The firm of Hill,Ingman and Chase has been engaged to conduct a Solid Waste Management Study for Grant County.Chet Woods,representing the consulting firm,was present and presented a preliminary report'on what has been accomplished to date.'-' He presented to the Council pictures of the existing solid waste facilities in the area and pointed ' out the location of each.He stated that over the past few months they have inventoried most of, the solid waste and visited the sites and checked the operation,and then came up with deficiencies of the sites,the needs,and determined whether or not these sites had any life expectancy.Many, of these sites will be discontinued.They have met with the County and the Towns and discussed with them consolidation;taken population counts to meet the current requirements,and are writing a report that fits Grant County.They have calculated the solid waste truck loads,and came up with figures of daily collection gatherings. .* Looking at the County as a single unit,would place the center of the County just slightly North of Moses Lake,and if they were to recommend a single disposal point,this would be .where it would be located for a single source of disposal.With two sites,one additional would be re-, commended between Ephrata and Soap Lake;with three sites,one in Moses Lake,one between Ephrata and Soap Lake and one near Goerge,.and for four,sites perhaps looking into one near Othello;-"•..•••.•-•... LJ Council Minutes:5 October 10,1972 Their study is to find out what really fits Grant County. They asked for a Citizen Advisory ' Committee to set up sub-committees,and learn through the committees what the pattern is and what people will accept and get the area in some pattern,and ask the committee to find out from the people, in order to meet the requirements', it could be that the 8 or 10-yard transferboxes are preferred, where a truck can come by and pick them up periodically, and what disposal area they think is logical for this type of ops ration. Another committee has been asked to act as a service level and finance committee to find out what service level do the people want; pick up at the house and for the drop boxes where mandatory collection might not be necessary in a rural area.Do they want to do it through a combination of revenue and taxes,or some type of underwriting of various municipalities,or through monthly services charges to the customers.These are things they will need to know. They have asked another committee to find out how the people in Grant County prefer to have this-run;by the County Commissioners,or a combination, or with the disposal collection as it is. The fourth committee is being .sked to work on recycling.This is a little impractical at this time because recycling demands markets,but do want to look into the possibilities-of recycling. They have also met with franchise holders and want to know their problems and desires. Mr. Woods stated he is certain they are not going to recommend any fancy system of disposal of solid waste for Grant County;there is not enough of it,and not enough to support a fancy system. The sanitary landfill method is the most economical operation of solid waste .disposal today and thinks that will be the way to recommend it now, and in the future recommend another method.The Federal government is dictating to the people and setting down guidelines for solid waste management and we will have no way of getting out of it. Mr. Woods stated he is attempting only to give a verbal updating report.Later a written report will be submitted.When the six-year report is approved,that is the program the Federal government will expect the County to follow and get a consensus agreement before finalizing the report. He then asked for questions from the Council. Councilman Johnson inquired whether we can come back in six years and reuse a landfill,and Mr. Woods c'stated it can be used for park and recreational purposes and various public things such as a golf course, and people facilities of such nature.Alandfill will continue to settle,and possibly after 20 to 25 years you can build on it. Mr. Woods also emphasized that they are not going to come over here to tell the people in Grant County what to do, they are corning here to work with the people as to what they want within the guideline requirements. 1775 AWC REGIONAL MEETING -ELMER'S RESTAURANT -7:00 P.M.October 25,1972 Mayor Skaug again called attention to the AWC Regional meeting being held in Moses Lake this year and urged all Councilrnen to attend. STOP 'N SHOP MARKET -EXPANSION OF A NON-CONFORMING USE A letter was read from Larry Hibbard,Community Development Director,stating that the Stop -N Shop Market on Peninsula Drive has requested 'permission to expand.The market is located within an R-2 Zone,but was constructed before the property was zoned. The matter was brought to the Planning Commission,and after a public hearing,it was recommeded that the request to expand the non-conforming use be permitted with the stipulation that the expansion be compatible with the surrounding area and that such things as landscaping,etc.be required if necessary,and recommended Council approval. Larry Hibbard mentioned that plans of the proposed expansion had been submitted to the Planning Commission.Also no objections were forthcoming at the public hearing. Motion by Johnson to grant the permit according to the recommendation of the Planning Commission. Second by Hill.Motion carried. MISCELLANEOUS _.^ 'Mayor Skaug mentioned that he wished to bring up the fact that he received a letter from Elvis Swisher, President of Local l^o.2052,representing the Moses Lake Fire Fighters,and is aware that the other Councilmenalso received such a letter,and questioned the appropriateness of his invitation to solicit explanation from any of the people listed in the letter.We have our management people to negotiate, and they are preparing to enter into negotiation proceedings of collective bargaining v/ith the fire fighters. Councilman Boyle and Moe concurred in that we have already delegated the City Manager and his staff , and any direct dealing with the Council is very inappropriate. City Manager Waggener responded that collective bargaining negotiations assume a great deal of trust on both sides,and if the fire fighters are going to by-pass and go directly to Council,it puts both sides in a very ooor position.Mayor Skaug mentioned that he just brought it up for information purposes and to not consider the letter binding to the Council,that labor negotiations rest with the designated people and was sure all the Councilrnen concurred. Meeting adjourned at 10:00 P.M. /OCX> /ooi Attest: