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1973 08 28CO U COUNCIL MEEGING -Regular Session Council Chambers August 28,1973 8:00 P.M. Members present:Councilman,W.B.Moe,Norman W.Johnson,Gordon M.Ebbert,Otto M.Skaug and Michael Boyle.Councilman Robert E.Hill was not present. Mayor Skaug called the meeting to order. Invocation -Paster Lance Penney -Church of Christ Mayor Skaug called for approval of the minutes of the previous meeting of August 14, 1973.Motion by Boyle to approve the minutes as written.Second by Johnson.Motion carried. REGULAR-BILLS FUND TOTAL AMOUNT PAID $8,132.37 2,852.82 2,262.91 7,765.98 7,668.08 1,461.00 11.61 9.20 348.10 .GENERAL STREET URBAN ARTERIAL j WATER/SEWER SANITATION EQUIPMENT RENTAL FIREMEN PENSION L.I.D.#27 L.I.D.#28 Motion by Moe that the regular bills be paid.Second by Boyle.Motion carried. Warrant No's 4958 through 5033 in the amount of $30,512.07 were approved for payment. ORDINANCE NO.676 -ESTABLISHING SALARIES FOR CITY COUNCILMEN (2nd reading) The ordinance was read In its entirety,establishing the Mayor's salary at $2400 per annum,payable monthly and establishing each Councilman to receive $20.00 per meeting for not more than 4 meetings per month. The term 'meetings'used in the ordinance shallmem regular,special,executive or study sessions called for attendance of the entire City Council. Motion by Boyle to pass the ordinance.Second by Skaug.Motion carried. RESOLUTION NO. 638 - COMPREHENSIVESOLID WASfE MANAGEMENT PLAN FOR GRANT COUNTY. A letter was read from Richard L.Weaver,Public Work.Director,stating that at the special study session of August 21,197-3 the City Council instructed him to contact the City Attorney to determinewhether or notpassage ofa resolution as submitted to the Councilon August 14,1973 would provide the City of Moses Lake with protection and some assurance of an equitable financing system for the solid waste management plan. Afterdiscussion with the CityAttorney it was determined that the resolution as presented will provide the needed assurances to the City of Moses Lake. He recommended that no approval be given to the report untilthe reportis corrected or an addendum made that incorporates the six points recommended in the August 14, 1973 draft resolution. Mayor Skaug commented that late today some newlight has been shed uponthis study and c=Uiod uponChet Waggener, City Manager, as to what has determined since -the writing of Rich Weaver's letter. He stated he was in touch with the County Commissioners and contacted Tom Cook,Supervisor of the DOE grant under whichthis study is being performed andwe hada 30-mlnute conferencetelephone call with him.There were various areas in which Mr. Cook was unsure of his answers to some of our inquiries and we had him check and give us accurate answers,which he did,and we had a return call late this after noon while two of the County Commissioners were in my office.The final statement was(that we were somewhat vacillating whether it is a regulatory document) and he finally came back and said it is not a regulatory document andthat it can be changed by the respective parties in future years and months,and considered it as a recommended management system and will not be binding to a finance plan. The City Managercommented that many peoplefail to remember this was a three-party agreement consisting of Grant County, Moses Lake and Ephrata with the Department of Ecology and treat it often as being done by Grant County for us rather than we are participating in it. Mr.Cook stated that it would have to have theapprovalofall threeagencies, and it being a joint contract it would need the City of Moses Lake approval. He also stated in his telephone call that simply adopting the resolution with some conditions would not dothe job, it would needto have the plan amended , and since it is nota regulatory document,recommended that the City of Moses Lake adopt the resolution with the conditions and that the County be aware that is conditional, and also submita copy to the Department of Ecology that they are aware that it is adopted withprovisionaryapprovalandthenthemoneywouldbeforthcomingandnotjeopardizeobtainingthe$4600. Johnson asked - Is this a must? City Manager Waggener stated,- wehave no choice but to go into some kind of solid waste plan.The Department of Ecology has sufficient power to take action against us on anyotherplanthat will not comply with the new standards and they can invoke penalties against us andcan make 1866 jOfA ;t> IP* ^ Council Meeting Minutes:2 August 28,1973 them quite stringent,but logically we hope to cooperate.The Commissioners are very concerned that we do get together and work out something that is mutually agreeable. Johnson Inquired -how will it affect our garbage rates,is this going to increase garbage rates to the individual homes? Rich Weaver answered that it would appear that if we go with the cost allocation figures our residences • will be faced with a raise of approximately 50C amonth,and if we went a single county-wide charge,our residences would be raised nearly $1.00 per month.These are estimated costs based upon the consultants' study.Actual costs would be based on the cost of operation.For the rural areas the garbage collection would be mandatory by legislation that they do so. Moe inquired -regarding negotiatons for an equitable financing arrangement that will be entered into subse quentto.passing this resolution,what will our bargaining strength be if we are outvoted quite heavily on it? The City Manager stated that our strength lies with the population that we have in this area.We have popu lation that is roughly 50%of the County population.My feeling would be that if we get into negotiations*that I would be willing to talk about at this point,is that we go according to the cost allocation formula in Chapter 9 and settle for .nothing less than that.By the consultants'figures that is an equitable cost allocation figure. In handling the total solid wast project,frankly,would feel more comfortable if we had an amendment to the Solid Waste Plan.Norm Johnson commented that he would like to see this pretty secure and assurance that, rates would be adjusted before passing the resolution. Bill Moe asked Rich Weaver regarding the items listed in his letter,how was this received by the.firm of Hill,Ingman &Chase,and how did they receive any input from the City of Moses Lake?Rich replied thatthe studywas started as early as January and the Consultants' reaction was 'bewilderment'. It was not until later when a financial consultant/regained outside of their firm that they understood whatwe were talking about. I talked,and no one understood or did not hear .my comments,- it was frustrating.The City Manager added, that there are three parties to the contract,and frankly, the County staff rather treated this as a County plan and we were thpre to offer comments and not a part of the study.They seemed to have failed to recognize that the City of Moses Lake is a co-signer on that contract. Mayor Skaug inquired whether it Js the staff's belief that acceptance,contingent upon the five numbered items In the resolution,would that give us the protection and not surrender any bargaining position ? Rich Weaver replied that - I think that this will leave us in a very strong position.I don't think we are losing anythir.j by adopting the resoltion. Mike Boyle commented that he didn't think we are gaining anything by not adopting the resolution but he added - I do feel that we were probably left to the last because I think the others could have been sold this ' on that Moses Lake in a sense is going to subsidize f verybody else. Norm Johnson inquired - If we do not achieve amending the plan,can we back away from It and not accept it?' The City Managerreplied that we could back away and not accept it and go into an operation of our own.y It is a big bargaining factor that the County does not want us to go on our own,and that Is a tremendous bargaining factor. The resolution was read in it's entirety to adopt the Comphrehensive Solid Waste .Management Plan for Grant County prepared by URS/Hill,Ingman,Chase &Company,subject to the following conditions: 1. That the transport and collection system will be operated as a utility so that future capital costs ", may be paid through the issuance of revenue bonds. 2. That the cost allocation procedure as proposed in the report shall be the cost allocation procedure adopted and used in assessing costs to the Soap Lake,Moses Lake,Grand Coulee and George service areas as delineated in the report.v % 3.That each area shall pay its fair share of the costs based on the above cost allocation of actual costs and that no area shall be subsidized in any manner. 4. That this plan shall be reviewed two years after its adoption and every five years thereafter and the cost allocation schedule adjusted accordingly. 5. That three copies of year-end reports recommended and required in the Solid Waste Management Plan shall be submitted annually to the City of Moses Lake. Motion by Boyle to adopt the resolution including the five items listed.Second by Moe.Motion carried. INTER-RACIAL COMMISSION -RECOMMENDATION TO CITY COUNCIL Mayor Skaug stated that the City Council has been requested to postpone action on the proposed resolu tion by the Int*»r-Racial Commission until after October 31st, or until such time as the Northeast Washington ' District of Elks has ratified or rejected the recent action of the National Elks Convention. The City Council and Inter-RacietkCommission concurred regarding the postponement,and no action was taken. SENIOR CITIZEN^CENTER -RFOUEST REGARDING REVENUE SHARING FUNDS Aletter was read from City Manager Chet Waggenerstating that he is submitting for information purposes a news release from the.Washington State Attorney General's office along with the Attorney General's opinion regarding State restrictions on.use of Federal Revenue Sharing funds.In summation,the opinion states that a County may not donate some of its Federal Revenue Sharing Funds for a private Senior Citizen Center, even though It is non-profit. Withinthe context of the Attorney General's opinion "counties" are used synonymous ly with municipal corporations. Therefore, the opinion wouldbe applicable to Revenue Sharing Funds received by the City of Moses Lake. Eventhough the Moses Lake Senior Citizen Center provides a valuable function in the community,it is not possible for us to contribute fund*for their use. i&68 Council Meeting Minutes:3 August 28,1973 The City Manager stated that some times people do not realize how tightly we are bound by the laws of the State of Washington,and in this instance this is not one of the areas that is left open to us.It may appear so often the City reacts negatively,and we don't like to fall back on legislative regulations either, but our adivise fromtie State Examiner was that it would be an improper expenditure of funds and would probably mean a request to repay it. Rev'.Lance Penney,speaking In behalf of the Senior Citizen group,stated that he is aware that the City is bound by the State,but if the City is interested to help,perhaps enter into a contract with the present private senior citizen group to provide the services that it is already giving —would that not then be legal to share in revenue sharing funds?City Manager Waggener stated that perhaps he is not aware of it,but there is one Senior Citizen group using city facilities;this group started about 8 or 9 years ago "Jii.der the auspices of the Park &Recreation Department.Rev.Penney replied that they do not provide services though,he under stood is is only a social group.The population is interested in our Senior Citizen group by the support given and we are growing,but the federal support is now fading out,and I believe other funds will be made avail able to the City to distribute at a later date,and perhaps through some loophole we could get some allocation. City Manager Waggener replied,that if we contract with any agency outside of city government,the contract must provide services to the city,and frankly that is one way it could be done.This gets quite complex, but I wonder if that should not be the approach and sit down with your group and perhaps check with the Division of Municipal Corporations and bring back to the Council what at least would be possible to do. Mayor Skaug asked - - The question comes to mind, - if the City has been remiss to provide,why has this not been brought to the City by the Senior Citizens,and why was a separate avenue taken?City Manager Waggener stated -simply because federal funds were made available that allowed it to be done.Skaug replied, and now that the money forthcoming In the past is no longer available,the Senior Citizen group turns to the City, but maybe at the earlier inception of this particular program had some sort of recommendation been made to the Park &Recreation Department,perhaps we would not have this request before us now.Possibly the area of discussion that Mr.Waggener seeks from the Senior Citizens may be obtained.You seek for 'loopholes',that is not a good wc-d to use,because everything here is on top of the table. Motion by Johnson that Mr.Waggener meet with these people and discuss the possibility of the things that can be done,and bring it back to the City Council as quickly aS possible.Second by Boyle. Bill Moe commented that one of the points he would emphasize,that is,when the City enters into this matter • and anything nipterializes,the City will control it,if the people involved will be willing. The question was called -motion carried. PARK &RECREATION COMMISSION -RESIGNATION( -•Aletter was read from Randy Carvo, submitting his res gnation as Chairman of the Moses Lake Park and /Off -^Recreation Commission,due to lack of time available to him to justify doing a good job.A letter was also read from Jerry Thaut,Asst.Park &Recreation Director submitting recommendations of various persons available to fill the vacancy. Mayor Skaug alerted the City Council of the recommendations to fill the vacancy and suggested they take it under advisement.He also asked the Secretary to get a letter off to Randy Carvo thanking him for his services as a member and chairman of the Park &Recreation Commission.The Council concurred and the appointments will be made for council consideration at a later date. SALE OF CITY OWNED PROPERTY •/oyoAletterwasreadfromtheCityManageralongwithalistingofCityownedpropertywiththepresentmarket values which has been prepared by the Moses Lake Multiple Listing Board,with market values determined by Dave Jones and Ed Ebel.He stated further,that the City Council has previously authorized proceeding with engineering pians for extension of sewer facilities to serve the Garden heights area.This appraisal .anticipates that sewer will be available.Our schedule is for construction of the sewer trunk line during the Fall of 1973. He requested authorization from the City Council to place this property for sale with local realtors at the market values listed. Bill Moe suggested that perhaps at a later date we can get this property on a map,because we have sold some city-owned property,and shows what we have left,and from that we can determine which we prefer to hold. Motion by Johnson that we authorize the City to sell the listed property at the appraised price.Second by Boyle.Motion carried. CASCADE PARK - APPROVAL OF PLANS FOR RECREATIONAL SEWAGE DUMP Aletterwasread from the Public Works Director,statug that the cityhas evaluated development ofwaste //<?/ treatment facilities in the Cascade Park Project and propose the following: That we abandon the present policy of installing septic tanks with drain fields as now planned for the new comfort station and recreationalVehicleSewageDumpandinstalla trunkline and a package treatment plant.The reasons for changing the present practice are: 1.Sewer funds can be utilized for construction of the package treatment plant and trunk sewer line. This will provide some cost.relief to our interagency committeefunds by reducing the amount of contract cost for installing the comfort station and recreational vehicle sewage dump. The trunklines and a portionof the treatment facilties are probably eligible for Federal Funding. iMd & A\$ Council Meeting Minutes:4 August 28,1973 2. 3.- 4. It will eliminate drain field problems occurring at the existing comfort station where the evapo- transpiration beds are located above a layer of caliche. Apackage treatment plant will provide a minimum capital outlay fora program where the citymaydetermine the cost of and operations and maintenance for similar future developments. The installation of this package facility and associated trunk lines will partially Implement part of our comprehensive Water/Sewer Plan for this area.The comprehensive plan calls for a lift station in this immediate area to handle 0.27 million gallons per day waste. In the future we will replace the package treatment plant with the lift station. Thetreatment plant and associated facilities such as trunk lines and drain field will be funded from the sewer fund.Construction ofside sewer lines to the comfort station and the recreational vehicle sewagedumpwill be funded using the present I.A.C.funding.The cost of installing the treatment plant and the trunk lines will be approximetely $30,000.The facilities replaced would cost approximately $5,000.He believed the benefits justify the additional $25,000 cost,and requested approvalof plans and extra cost,permission to call for bids,and permission to apply for Federal and State Grants for any portions of the system determined to be eligible. Mike Boyle asked as to what portion of the $25,000 cost could be funded under federal and state grants. Rich Weaver statedtiiat the trunk lines and the wet well could be used by the lift station and we have a statement that they are eligible.The question Is whether the package treatment plant is eligible.With the time schedule we have to meet, we have to do it now and hope to get it done out of the present Wa,ter/ Sewer fund.Also we would like to find if these would be reasonable for future platters;Also the self- contained units meet environmental standards,and it will meet the reeds of the total development", plus it could have a few houses connected to it.It is a new idea,but our staff can handle this and make it work,and there will be no additional staff needed for this. Motion by Boyle to approve the plans and extra cost;grant permission to call for bids and permission to apply for Federal and State grants for any portions of the system determined to be eligible.Second by • Moe.Motion carried. i LARSON PLAYFIELD -INFORMATION REGARDING SUMMER USE Aletter was read from Jerry Theut,Asst Park &Recreation Director, reporting on the use of Larson Play- field this past summer.He stated that approximately 386 games were played on the two fields,and this does not Include numerous pickup games,and there were approximately 80 different teams from throughout the state who participated in games at Larson Playfield.Some of the major tournaments held this past summer were:Hardball - Big Nine High School Playoffs,Class "A"High School Regional Playoff,North west Pony League Playoff,Little League District and Area Playoff.Softball -Miss Softball America Area' Playoff,Men's Slowpitch Invitational Tournament,Mon's Tastpitch Ivltational Tournament,and Men's State "A"Fastpitch Championship Tournament.26 Local tocms played their regular season schedule at Larson Playfled.With about 17 players and coaches to a tear..,the number of weekly participants was about 400 of all ages.Including players and fans,the weekly number In attendance at Larson has to be well over a thousand.The tournaments bring players and fans from the community and out of town,Larson Playfield shows to be an area,of good will for the City of Moses Lake. Mayor Skaug called on Jerry Thaut whether he had anything to add or comments to make,and Jerry stated that comments have been received that are very favorable and the word throughout the State is that they were pleased with our facilities and that they were considered one of the best throughout the State. BOATING ORDINANCE A letter was read from City Attorney John E.Calbom,stating that a study has been undertaken by a committee chairmaned by Richard Shumate for the*purpose of recommending regulations pertaining to the use of Moses Lake for boating and recreational purposes.The committee did not feel that an in-depth study would be completed for several months.He had also been advised by Clint Connelly that the Moses Lake Irrigation and Rehabilitation District has adopted regulations for the use and control of all of Moses Lake which are similar to the existing county ordinance.After the regulations are published and approved by the Grant County Commissioners,the Grant County Sheriff's Office will have jurisdiction to enforce the rules and regulations on that part of Moses Lake located within the corporate limits.His letter continued,stating there are some special problems pertaining to use of City Park swimming and boat launching facilities which should be re solved by a city ordinance,and suggested that city personnel work closely with the committee to develop reasonable regulations pertaining to the swimming and boat launching facilities maintained and operated by the City Park Department. The Council concurred that this could be acceptable until the boating season next year and then something be made available for council consideration. REVENUE SHAriNG PLANNED USE REPORT A letter was read from the City Manager and a report submitted for revenue sharing allocation for the period beginning July 1, 1973 and ending June.30,1974,stating it is very difficult to accurately project a planned use report at this time because the period involved does not coincide with our budget period.Changes can be made during a budget consideration inasmuch as the planned use report is intended to be informational . and is not binding upon the CILy Council. The amount of.revenue sharing allocation for the entitled period is $260,656 approximately,and based upon population, income lf.vel in the community,the capacity of the local entity to tax itself,etc.Out of this n SB 00 1870 . Council Meeting Mli.utci.5 August 28,1973 we have adopted to hold as muchof it as possible into a reserve fund for additional municipal buildings with the thought that this will avoid a major portion of tax at the local level.The $30,000 under public safety includes,with the loss of estimated EEA funding of $23,000,and estimating one-half the salary of a new fireman added with the change in working hours.The $16,100 is a logical outlay for our share in the Health District and contribution to the Alcoholic Referral Center.The $5,000 for Financial Administration is for data processing clerical salary.This makes a total of $51,100 for Operating/Maintenance ExpendituresoutofFederalRevenueSharingfundsfortheperiodnoted. Mr.Waggener commented that this report does not firmly commit the city to spend the money this way. We must follow up one year from now showing an actual use plan report. Motion by Johnson to approve the report.Second by Boyle.Motion carried. CONSIDERATION OF COUNCIL VACANCY ^q At the recent study session the Council discussed the vacancy on the Council due to Dr.Lindell's resignation. Mayor Skaug stated there is no particular time stated that we must act in this particular area and asked the City Attorney for confirmation. City Attorney John Calbom stated the statutes provide to fill the office only until the next general election, and there is no statement that requires that the appointment be made immediately,and the appointment would only be for the unexpired term and the person could only serve until the election,and the Council certainly wouldn't want to appoint one of the candidates. V Motion by Skaug to defer any action until the results of the general election and appoint the winning candidate to serve office earlier than January 1, 1974 :Second by Johnson. Mike Boyle inquired if the winning candidate in the election is appointed to take office earlier than January 1, 1974,would that candidate come In at the present salary or at the new salary?Mayor Skaug replied that the appointee would be serving the unexpired term of Dr.Lindell and he would remain at that particular salary —and enjoy the new schedule starting January 1,1974, The question was called -motion carried. INTERPRETATION OF BUILDING CODE Mayor Skaug commented that the Interpretation ofour building code might be clarified intheareaofa buildingthatshouldbegivensomethought- thatof the Ranch and Home people -which have indicated we arc higher here in Moses Lake than elsewhere because of the things we invoke upon them that others do not incorporate in their areas. The City Manager stated he felt the staff ras always donean exceptionally good job. In this instanceBillDresscalledmeexpressingconcerninunrealisticrequirementsinputtinguphisbuilding,and I checkedonitwithRichWeaverandBobKimball.We had a meeting with Mr.Dress,and going over the things in.detail showing hirn what the code provided,etc.regarding the plans for a sprinkler systemandthe needforfiieresistantconstruction.Bill statedhe had seen buildrngs in other communities that were not required to meetthese same standards, to mention some, such as Ellensburg and Klamath Fails.Bob Kimball checkedthebuildingsmentionedinthetwocitiesandineachinstancetheinspectorsagreeditwasnotaccording*ocode.In Klamath Falls the fire department was very concerned since the building was just beyond the boundary. ^niH^9^1"statedtuhat w«enforce the building and fire code as we interpret them,and not trying to be hSftf^V aTSe °f th S«6"^a Bulldlng 3oard of APPeals so that an aPPeal on an interpretation of abuildingcodefromourstaffcanbepresentedtotheBuildingBoardofAppeals.IfBill Dress v/anSd to hecanappealtotheBuildingBoardofAppealsandletthisgroupofcitizenswhoare.respSslbYc Deoo e in thecommunitywithknowledgattcbuildingconstructionbackground,review theTnterpretations?*P D^s^^^^PUrSU6d tt aUttle fUrther and that ™"Mr. 2fJ!iS<?StafGd that at tim^some of the Councllmen are confronted by an individual and listen to hisparticularviewonamatterandhopethattheindividualsthatdohaveaproblemwlcomdirectlyto thecityofficialandstaffandcheckandseektheirredressofstaffofwhateverinthatarea 2X ™^lejyag<3Bner statedIhat in terms of administrative about that,and as far as staff,in relation-we wou d £r«Cl ~J0lWl.U haVe,^stions a™time to time from citizens and if there isa problemwewouldliketheopportunitytoresolveit.and I thought we had in this instance.Ifthe Council feels thatVnroXiireWearGd°lng fomfthin?^correctly,we certainly should be contacted and let us know there ifmSSSfSin°T Can+KrC'!0l^e "aPd COme back to the Council with the results.Although,he added inrelationshipalsowiththeCouncil-you are the legislative body that sets policy for us and you have arighttoholdusresponsibleforadministrationofthatpolicy.ana.you nave a Meeting adjourned at 10:05 P.M. ATTEST:"^.«—x-^m.pkaug City Clerk -Freda C.Zimmerman