1974 12 172127
CITY COUNCIL MEETING -Special Meeting December 17, 1974
Council Room -City Hall 8:00 p.m.
Members Present:Councilman Bob Hill,Bill Moe,Norm Johnson,Mike Boyle,Gordon Ebbert and
Otto Skaug.
The meeting was opened by Mayor Gordon Ebbert,
Ebbert -We will start the Council meeting.This being a special meeting to take place of the last regular
meeting because we did not have a quorum so the same agenda will be used with two items stricken from
the agenda -number 12 and number 18,which we took care of last meeting.Why is the ambulance agree
ment stricken?They are not ready for It yet?
Waggener -Mr.Mayor,we have some problems regarding the salaries that relates to the Fair Labor
Standards Act which I discussed with you .Now or later,which ever you prefer,but that Is the reason
for striking that.
Ebbert - I do not think we have a chaplain here tonight with us so we will dispense with the Invocation.
All councilman present and accounted for except Don Swanson who definitely will not be here tonight.
We have two sets of minutes.One for the 10th and one for the 17th,no excuse me,there are four sets
of minutes.We go clear back to November 19th and November 26,December 2 and December 4.What Is
your pleasure with the minutes for November 19th?
Boyle - I move that the minutes for November 19 be approved.
Hill -Second.
Ebbert -Moved by Boyle,seconded by Hill that we approve the minutes for November 19th.All In favor
signify by saying aye.
All -Aye.
Ebbert -Opposed the same.So ordered.
Ebbert -Minutes for November 26th meeting,which was a regular session.
Johnson - I would move the minutes for the November 26 meeting be accepted as given.
Ebbert -Moved by Johnson that we accept the minutes of November 26th,do I hear a second?
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Boyle -Seconded.
Ebbert -Seconded by Boyle.All those in favor signify by saying aye.
All -Aye.
Ebbert -Opposed,same.So ordered.December 2nd was a Public Hearing meeting on the budget.What
is your pleasure with December 2nd?
Hill - I move the minutes of December 2 be approved.
Johnson -Seconded.
Ebbert -Moved by Hill that December 2 be approved,seconded by Johnson.All those in favor signify by
saying Aye.
All-Aye.
Ebbert -Opposed.So ordered.December 4th was another Public Hearing on the budget.
Boyle 7.I move the minutes be approved for December 4th.
Ebbert -Moved by Boyle the minutes for December 4th be approved.
Johnson -Second.
Ebbert -Seconded by Johnson.All in favor signify by saying aye.
All-Aye.
Ebbert -Opposed.So ordered.The December 10th minutes are just minutes on the regular meeting we had
the other day where there was no quorum so they are not official they are Just to be recorded as to what went
on.Now we have two sets of bills .We will take the oldest set first which normally would have been acted
upon the last regular session so they were brought forward to be acted upon for this session.That would be
the December 10th set of bills.Do you have any questions on those bills ?
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Special Council Meeting Minutes:2 December 17, 1974
Hill -What Is the well 44 say -page one?Purchase two acres.
Waggener -Well 44 would be an error.I don't locate It quickly.Where Is It on the page?
Hill -back towards the last sheet on one of them.
Boyle -last Item on one sheet.
Waggener -O.K.I don't have that one.Is that Well #31,Mac?
McLanahan -No,Sir,that is Well #11.
Ebbert -Well #11 ?
Waggener -Yes,Well #11, I meant in Lakeview Terrace.Do you have any questions In terms of location
of site ?
Hill - I think we know where it is.From whom did we purchase that well?
McLanahan -We purchased it from the estate of Mrs.Burrows through Hugh McCall.McCall is a resident
of Hayden Lake,Idaho,but is presently in California at the moment.
Ebbert - One question on page two of the Larson Tank Rehabilitation project,is that final payment on this?
Waggener -Mac,would you comment on that.
McLanahan - It is a final estimate.It is less retainage.
Ebbert - You still have one more payment.
McLanahan -We have the ten percent (10%)retainage.
Hill - On page three,I believe it is Gelco Grouting Service,do we Inflow on that sewer pipe.Is that the
purpose of it?
McLanahan -Yes,Sir,we did have an infiltration into the pipe to eliminate and we were also testing the
pipe for future bidding.\I
Hill - I move the regular bills be paid on those of December 10.
Ebbert -Moved by Hill that the bills for December 10 be paid.
Boyle -Second the motion.
Ebbert -Seconded by Boyle.All those in favor signify by saying aye.
All-Aye.
Ebbert - Opposed the same.So ordered.Now December 17th, any questions on that.On page three,rental W
of Central School supplies for Central stores,what are these supplies that we are renting?If that is worded W
correctly.£"•}
COWaggener- No, there are two items there,Mr. Mayor.The first one is rental of Central Schooland this is *£the payment we maketo themfor the portion of the school we use for recreation purposes and the next part »q
of It is supplies we purchase from the School District that we put into our Central Stores for distribution for
various departments.
Ebbert -Right,I could have determined that if I had looked at the amounts.
Johnson -What length of time is that rental paid to now?
Waggener -Rick,do you recall the dates?
Gagnier -It is from June until the end of the year,the lastsix months.
Johnson -Six months.
Boyle - I move the bills for December 17th be paid.
Ebbert -Moved by Boyle the bills for December 17th be paid.
Skaug -Second that.
Ebbert -Seconded by Skaug.All those in favor signify by saying aye.
All-Aye.
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Special Council Meeting Minutes:3 December 17,1974
Ebbert -Opposed the same.So ordered.
REGULAR BILLS
GENERAL 23,155.56
STREET 4,838.34
ARTERIAL STREET 4«802 «41
FEDERAL REVENUE SHARING 7,349.83
WATER/SEWER 77,835.65
SANITATION 11,152.37
EQUIPMENT RENTAL 4,939.47
FIREMENS PENSION 39 •00
Warrant Nos.1987 through 2156 in the amount of $134,112.63 were approved for payment.
PUBLIC HEARING -AMENDMENTS TO SHORELINE MANAGEMENT PLAN
Ebbert- #5 on the Agendais Public Hearing - Amendments to Shoreline Management Plan. We have/
a letter from Katherine J..Seel.Would you read please?
Zimmerman -This is addressed to Stan Bech,Director,Moses Lake Planning Department.
Dear Stan: In reviewing Moses Lake's resubmitted Shoreline Master Program,
the program was found to be deficient in the following areas:
1. Four Use Activities were not addressed,these being piers,breakwaters,
bulkheads and shoreline protection.
2.The program does not include the procedure for amending and updating the
shoreline master program as required by the Act (RCW 90.58.190).
3. The only instance where water-dependent uses receive priority,according
to the master program,is in the area of landfills.It is specifically stated
in the Act (RCW 90.58.020)that priority shall be given to water-dependent uses.
A general statement indicating conformance with the intent of the above section
is recommended for inclusion in the master program.
4.Prior to approval,a public hearing must be held.
Compliance with the above recommendations will produce a program that will meet the
intent of the Shoreline Management Act of 1971 and the Guidelines.
If there are any questions,please notify me at 753-6871.
Sincerely,Katherine J. Seel,Planner,Shoreline Management Program,Planning &
Program Development.
Ebbert -Then we have a letter from Stan Bech.
Zimmerman -To:City Manager for Council Consideration.From:Associate City Planner.
.'Subject:Public Hearing to Adopt Amendments to the Moses Lake Shorelines
Management Master Plan.
The Moses Lake Shorelines Management Master Plan submitted to the State,
with your approval,includes additions as required by the Department of
Ecology.These additions are found as follows:
Page 1:Water dependent uses and procedure for updating and amending.
Pace 9 and 10:Docking facilities,breakwaters,bulkheads and shorelines
protection.
If you adopt these additions,either in their present terminology or with revisions,
the Moses Lake Shorelines Management Master Plan would be declared a plan which
meets the intent of the Shorelines Management Act of 1971 and subsequently would
be approved by the Department of Ecology.
Ebbert -Well,at this time I will open the Public Hearing for the purpose of adopting the amendments
for the Shorelines Management Plan.If any of you people have anything to say on this particular part
of the agenda,please make yourself known and give us your address.Before we ask for questions from
the audience,we'll check with Stan Bech and City Manager to find out if they have anything to add to
these letters at this time.
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Special Council Meeting Minutes:4 December 17,1974
Waggener -Mr.Mayor,for the benefit of people in the audience,I think it might be well if Stan
could review the changes on page 1 and on pages 9 and 10.»
Ebbert -Stan,can you show us just vfoere those things have been injected into the Plan.
Bech -Okay.You can see on page 1 of the Plan.You should have a complete copy of the Plan in
front of you.Under PREFERENCE GIVEN TO WATER DEPENDENT USES.Do you wish this to be read?
Ebbert -Well,if you are going to read,you better get to a microphone.so it'll be taped.
Bech -The intent throughout this Shoreline Management Master Plan is to give preference to water
dependent shoreline uses.Also if a use provides an opportunity for substantial numbers of
people to enjoy the shoreline then that use will be given an additional priority.
Ebbert -Just read to us or show us where these are injected,and then we'll ask for comments from the
audience.
Bech -Okay.Page 1 in the PREFERENCE GIVEN TO WATER DEPENDENT USES AS SPECIFIED IN R.C.'W.
90.58.020 this was an addition:and the procedure for updating and amending the Shorelines Manage
ment Master Plan.This section was in addition to as required.Then now look on^page 9 under v
Docking Facilities and Breakwaters and on page 10 under Bulkheads and Shoreline Protection .All
these areas were drawn up in the basic nature which I felt would be in conformance with the Shorelines
Management Act in our subject to your review and any changes you.wish to see made.
Ebbert -Does everybody in the audience —have a copy of this Shorelines Management Plan as
been changed?Do we have any questions from the audience or any comments on any part of this ?
Either on 1,or 9,or 10?Any comments from anybody in the audience?Any comments to the additions
of the Shorelines Management Plan?.If not,we'll close the public hearing..Do we have any council
comments or questions ?
Skaug -Was there aiy written protests,Mr.Mayor?
Ebbert - I haven't asked yet.Apparently none.L
Hill -Mr.Bech,under Bulkheads ,Item 2,Use Regulations:Bulkheads shall not overly restrict .the
public in the use of that shoreline area.What is the meaning there?What if I put a bulkhead down
in front-of my house?Is that applicable there?
Bech -No,it is not.It would not apply to single family residences.
Hill -Would this be if the Marina did it,or something like that?Is that what we would be talking about?
Bech -Um-hum
Hill -Thank you
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Bech -In other words,because you are constructing a bulkhead,it shouldn't be for the purpose of
restricting public from using that particular area.
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Ebbert - Any other comments ?If not,we can entertain a motion to adopt this new version of the Shorelines
Management Plan?
Skaug r Well,I move the Public Hearing be closed,Mr.Mayor.
Hill -Second
Ebbert -It's been moved by Skaug and seconded by Hill that the Public Hearing be closed.All those in
favor signify by saying aye.
All -Aye.
Ebbert -Opposed the same.
Skaug - I move the adoption of these particular amendments to the Shorelines Management Act.
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Special Council Meeting Minutes: 5 December 17,1974
Ebbert - Moved by Skaug that we adopt the amendments to the Shoreline Management Plan.
Boyle -Second..
Ebbert -Seconded by Boyle.All those in favor signify by saying aye.
All -Aye.
Ebbert -Opposed.So ordered.
Bech - With this approval,Mr. Mayor, the Shorelines Management Plan should be adopted by the
State tomorrow.
Ebbert -You mean the State is going to act that fast.
Bech -Well,because we didn't —I was expecting you to act last—
Ebbert - Oh, I see.We're a week behind already then.I'm sorry.
ORDINANCE -WEED CONTROL -SECOND READING
Ebbert -Ordinance -Weed Control -Second Reading.Would you read the ordinance by title only ?
Zimmerman - Anordinance establishing weed control zones:establishing regulations for control
the zones;and declaring it a public nuisance to allow the growth of weeds or other
natural vegetation upon public or private property within the corporate limits of the
City of Moses Lake,Washington.
Ebbert -This Weed Control Ordinance was accepted in the first reading.You have a chance now to
suggest any changes or ask any questions.If we accept it at this second reading, that makes it
final ?
Ray Morris - WellI have a questionI'd like to ask.Does this goforthe government too?
Ebbert -The weed control ?
Morris -Um-hum.
Ebbert -Who's got this project?
Waggener - The provisions that apply within any of the zones as prescribed would apply to all
property owners including the City of Moses Lake. Where we own property,we're obligated to
abide by this ordinance or any other branch of the government.
Ebbert - These are just,as I understand,obnoxious weeds.Is that the title they give to them?
Morris -You mean like tumble weeds and that.
Ebbert -No,no,it's—
Waggener - I think,Mr. Mayor, you may be thinking of the term noxious weeds as the Weed Control
District would refer to it for agricultural use,and no it means more than that.It means weeds that
are objectionable to the neighborhood,or unsightly.
Morris -Well,the reason I asked , I —course I know that's against the deal too.'Bout every fall,
every winter out there I burn several tons of tumbleweeds that comes off the government property out
there.I don't have room in my garbage can for 'em and if you take and throw 'em off of your property
they blow back across the road and the next day the wind will change and blow 'em right back upon
you anyway. I was just wondering about that.We do have quite a few weeds out there that's —well,
J guess they belong to the government.
Ebbert - I talked to the Railroad people the other day and they said they were gonna clean up along their
tracks.which Is a good sigh.
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Special Council Meeting Minutes:6 December 17,1974
Waggener- Yes. We had written thema letter before this ordinance was presented requesting
that they do some clean up work and apparently it got routed to the wrong people and about
two weeks ago, Stan stepped out.I think about two weeks ago he got an answer back finally
saying they were—well,they were apologizing for their late response.And said that they would
get on it and they were concerned about it and would clean it up.
Ebbert -Well,getting back to Ray's problem. Would that be in order to check with the Bureau t6
see if they would help out there on the weed situation.
Waggener - We certainly shall with the adoption of this ordinance.
Morris -We have five dead trees which are standing on Bureau property right across from my place.
I do try to keep my children out from under them but --other people — too, if you don't have no
control over em.Sooner or later some child could get hurt out there.
Ebbert -Limbs getting brittle ?'
Morris - Yeah, some of the old willows.And so their getting pretty brittle l.ike that and -^-
Well,they should be cut out,took out,and something done with em.
Pat Lightel - I think maybe Bob can answer that for you. I think he got—didn't you get in touch
with the Bureau of Reclamation,and clean that up out there once?
Bob Kimball - Yes, I did.My last session with the Burea is that even on that particular property
that Mr.Morris is talking about,they'll come in and cut it themselves.
Johnson- Well,at this point I would move weadopt the second reading of the ordinance.
Ebbert -Moved by Johnsonthat we adopt the second reading of the ordinance for weed control.
Skaug -I'll second that.
Ebbert -Seconded by Skaug.A11 those in favor signify by saying aye.
All -Aye.*
Ebbert -Opposed?So ordered.Now the Bureau can go to work.
ORDINANCE - UNIFORM BUILDING CODE 1973 EDITION - SECOND READING
n3 Ebbert -#7 is the Ordinance Uniform Building Code,1973 edition,second reading.Wotild you read
)v it by title only.""
Zimmerman -An ordinance amending Chapter 3.2.,of the Moses Lake City Codeentitled,"Uniform
Building Code,"byadopting the 1973 International Conference of Building Officials Codes andtheir
Appendices,and making amendments thereto.
Ebbert - Do you have any comments,Bob, on this?*•
Kimball -No sir,just as —??—last session just a matterof upgrading the —from '70 to '73.
Ebbert - How often do these normally have to be upgraded?
Kimball -Every three years., .
Ebbert -This should last us until '76 then.•
Kimball -Yes sir.'
Moe - I'm still a little bit concernedabout part of this thinkgon section 301,Heating and Cooling.
Ebbert -Which section ?
Moe -Section 301.
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Special Council Meeting Minutes:7 December 17,1974
Ebbert -301
Moe -Yes,where it says "No person shall install,alter,reconstruct or repair any heating,
ventilating,comfort cooling,or refrigeration equipment unless a permit has been obtained."
Does that apply to a refrigerator too?
Kimball - No sir,that's considered portable.
Hill - Why .couldn't that be designated?I agree with Mr.Moe on that.Why couldn't it say any
portable heating and refrigeration unit?• *
Kimball -That may have very well,sir,been a misprint,but portable is not included in what the
intent—
Hill -Well,I think that Mr.Moe and I have the same feeling on that,if we were going by the letter
of the law,I would think it'd mean any refrigeration equipment.The way it's written.
Waggener -What page are you on?
Hill -Well,3.2.72
Ebbert -Page 5
Hill -Yes,page 5.
Ebbert - Oh yeah,I see where you get 301.
Waggener -Well,gentlemen,I think if you feel it a clarification to exclude the portable type equipment
would be desirable,certainly the staff would have no objections to that amendment.
Hill - I would exclude—I move we put the wording in to exclude portable heating and cooling .
equipment.That would not change the meaning of it—
Waggener - No sir.Would you put that in following "or refrigeration equipment"excluding portable?
Hill -Portable units .
Moe -It's just a matter of clarifying this section.Did you make that a motion?
Hill - I made that a motion.
Moe -I'll second that.
Ebbert -Moved by Hill,seconded by Moe that we add "to exclude portable units"in Section 301.
All in favor signify by saying aye.
All -Aye.
Ebbert -Opposed.So ordered.Any other suggestions?
Hill -With that,I'll move we adopt the second reading of this ordinance with the amended changes.
Johnson -I'll second that.
Ebbert -Moved by Hill,seconded by Johnson,that we adopt the second reading of the Uniform
Building Code Ordinance.All those in favor signify by saying aye.
All -Aye.
Ebbert -Opposed.So ordered.
ORDINANCE -FIRE ALARMS -FIRST READING
Ebbert -#8,Ordinance -Fire Alarms -First Reading.We didn't get to this the other night so
we'll have the first reading tonight.We have a letter from Mr.Swisher.Would youread please?/ft3v?
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Special Council Meeting Minutes:8 December 17,1974
Zimmerman - To:City Manager for Council Consideration.From: Fire Marshal.Subject:Fire
Alarm Ordinance.
The attached proposed Ordinance provides for the governing of the sale,maintenance,
installation and termination of fire alarm systems.
In the past,the State Alarm System Code was used.However,this code has been
found invalid leaving the City without an alarm system code.
This Ordinance incorporates the requirements found in the Uniform Building Code
(1973 Edition),Uniform Fire Code,and the National Fire Code,thus giving both
the contractor and the enforcement agency a better and more organized interpretation
of the requirements.
Respectfully submitted,Elvis T.Swisher,Fire Marshal.
Ebbert - Do youhave any comments on this?Other than the letter?.
Elvis Swisher-No,I ?
Ebbert -This is entire ordinance is all about this fire alarm business?.
Swisher -Yes.
Ebbert - And that's all in the one we just passed,the Building Code.
Swisher -No,not all of it.What this does,is combine the requirements of the Building Code,
the Fire Code,and our National Fire Codes and puts them all into one ordinance which makes'
it simpler and easier to enforce and makes it easier for the contractors to know what is -expected C~~\
of them.Instead of having to use three books they can use one ordinance..|
I IEbbert - Up to this point we've never had a Fire Alarm Code of any kind.Is that right?
Swisher - Urn hum.Just the old State Law.
Skaug - Mr.Mayor,why doesn't the State update theirs?
Ebbert - I don't know
Don Garrison -Pardon?
Skaug - Why hasn't the State updated theirs ?
Garrison - The State is working on updating their Fire Alarm Code at the present time but they have
been asked by the Washington State.Fire Marshall Association to hold off passing a new fire alarm
ordinance because they would like to take it to the Code Changes Committee and try to get it incor
porated into the '76 edition of the Uniform Fire Code.
Skaug -Will their new law preempt ours ?\
Garrison - That I don't know."""
Ebbert - Is it possible that we might have to retract or change this ?
Skaug -Was the adhcre.nce .to their State Code—did that make our system or ouf code here inoperable^
Or just what?Why did we have to—why couldn't we go along just as it is ?
Swisher - It was found that in some areas that it exceeded what is recommended in the what they call
nationally recognized standards,such as your ?your National Fire Code and so on.This .«.
exceeded their recommendations and from my understandingin talking with our Deputy Fire Marshal
for this area,it was taken to court in Spokane and the court found them invalid since it —these areas
which I don't know what they were,were exceeding the standards.
Skaug - Who found this invalid ? The court in Spokane ?
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Special Council Meeting Minutes:9 December 17,1974
Swisher -Yes,this my understanding...
Skaug -Will this new code stand up under the new test?
Swisher -This one here?I would hope so.Most of it has come,like L say,from the three codes
which we have adopted.
Russ Beeman -Mr.Skaug,Mr.Mayor,Councilmen,the Code actually,or what you see in this
ordinance is not anything that already isn't enforced.All we are actually doing is combining all of
those requirements that are now adopted by the City,which we are enforcing,putting them in one
ordinance,which basically makes it much easier for us to intrepret,to enforce.It makes it much
easier for contractors or those people that have to use this are required by to install.It lays it
out.and makes it much simpler and much easier for us —?—.Actually we're not asking for any
more than we already have.We're combining it and making it a single ordinance.
Ebbert -All of this will be added to the Building Coder then.Is that it ?
Beeman -No.
• .Ebbert -Just keep it separate?^
Beeman -No,there's a portion of this that you'll find in the Building Code.There's a portion of
this ordinance that you'll find in Fire Code and portions of it throughout the Standards that are used
in,of course,the Fire Code.
Ebbert -Sounds like that would really be confusing to the contractors.
Beeman -It is.It is.And it makes it much more difficult to enforce because basically you have
much more background work to do in order to actually come up with the system that's required or
relate to them the information they need to know.
Ebbert -Well,since this is only the first reading,any changes or additions or corrections that come
up can be done at the time of the second reading.Will you read the ordinance in title only.,::
\^Zimmerman -An ordinance adopting Chapter 3.29 of the Moses Lake City Code which provides
for the regulation of the sale or installation of fire alarm systems and alarm '
terminations within the City of Moses Lake.
/-»„Ebbert -Not too explanatory so you pretty well have to read the rest of the Code to find out what
it's all about.
Boyle - I move the first reading of this ordinance be adopted.
Ebbert -Moved by Boyle that the first reading be adopted.
Skaug -I'll second the motion.
~'Ebbert -Seconded by Skaug.All those in favor signify by saying aye.
J""All -Aye.
Ebbert -Opposed.So ordered.
ORDINANCE -UNIFORM PLUMBING CODE.1973 EDITION -FIRST READING
•»Ebbert -#9 an ordinance,Uniform Plumbing Code,1973 Edition.This is another first reading.'&
We have no letter attached.Who's sponsoring this one?
Kimball - I am,sir.It's a matter again of updating from 1970 to 1973 of the Uniform Plumbing
Code.
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Ebbert -Will this be adopted as part of the Building Code?
Kimball -No sir.The Plumbing Code is—.• '„
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Special Council Meeting Minutes:10 December17,1974
Ebbert -will be separate
Kimball -is separate.Yes sir.
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Ebbert -Will you read the ordinance by title only ?
Zimmerman - An ordinance repealing existing Chapter 3.14 of the Moses Lake City Code
entitled "Plumbing Code"and enacting a new Chapter 3.14 of the Moses
Lake City Code to be entitled "Plumbing Code"by adopting the 1973 Edition ",
of the I nternational Association of Plumbing and Mechanical Officials ^
Uniform Plumbing Code except as herein amended,added to or deleted.
Ebbert - Apparently all we're doing is adding or deleting certain parts of the current code.Is that
it?
Kimball -Yes,sir.Well,the only difference,the only major difference that you would find between
•70 and '73 is that when U.P.C.established the '73 edition they didn't put in the administrative por
tion and Fee. Schedule which has been carried over from the '70 edition.Sothe Fee Schedule will
remain the same.And the Administrative Authority is basically come out of the '70 is the same.
Ebbert - Are the violations and penalty schedules all the same ?/
Kimball -Yes sir.
Ebbert -They haven't gone up any.
Kimball -No sir.
Hill-I move the first reading be adopted.
PSkaug-Second it.|.
Ebbert - Moved by Hill that the first reading be adopted,seconded by Skaug. All those in favor
signify by saying aye.*
All -Aye.
Ebbert -Opposed.So ordered... . •.
RESOLUTION - MOSES LAKE LIONS CLUB - GIFT RE RECREATION NEEDS
~M-Ebbert -#10 we have a resolution to adopt in relation to the gift from the Lions Club. -We made the\0 l presentation to the Lions Club with a placque,but could not pass the resolution because we had no fli
quorum.Would you read the resolution by title only.W
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Zimmerman - Aresolution accepting a gift of good willandunderstanding from Moses Lake Lions CO
Clubin the form of materials and laborto relocate and construct a backstopwith tO
dugouts at Peninsula Park.^
Ebbert - I guess we don't have anybody here from the Lion's Club tonight to explain this.It was
all explained the other night.
Skaug -The minutes we didn't adopt last time were still—foursets of minutes were ?
Ebbert -Yes,I guess there is some ?
Ebbert -About the middle of the page where it's indented there/tells you more about it.Resolution
accepting a gift of good will —?—f""™
Moe -Well,Mr. Mayor, the resolution gets into that specific area there,too.
Ebbert -The resolution itself.Would you like to have the resolution read for the recordthen?
Moe ?—
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Special Council Meeting Minutes:11 December 17,1974
Ebbert -It's not very long,maybe it would be better because some weren't here last time to
hear any of that part.
Zimmerman - WHEREAS,Moses Lake Lions Club has made a gift of materials and labor,
valued at $5,500.00,for the relocation and construction of a baseball
backstop and dugouts to the Park and Recreation Department of the City
of Moses Lake to help the recreational needs of the Community's people,and
WHEREAS,Moses Lake Lions Club's Gift will further enhance the use of
Peninsula Park and Larson Playfield by providing a facility that can be used
by all age groups,
NOW,THEREFORE BE.IT RESOLVED:That the gift of materials and labor for a
baseball backstop and dugouts be accepted;
BE IT FURTHER RESOLVED:That the City of Moses Lake acknowledges its
appreciation to the Moses Lake Lions Club for their contribution to the
recreational development of the community.
Ebbert - Any questions?
Johnson - I move we adopt the resolution.
Ebbert -Moved by—
Boyle -Second
Ebbert -Johnson that we adopt the resolution.Seconded by Boyle.All in favor signify by saying
aye.
All -Aye.
Ebbert -Opposed.So ordered.
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REQUEST TO CALL BIDS -WELL NO.11
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Ebbert -#11 is Request to call for Bids on Well No.11.We have a letter here from McLanahan.J/<f/
Would you read please.
Zimmerman - To:City Manager for Council Consideration.From:Acting Public Works Director.
Subject:Well #11 Drilling,Contract #75-02.
...-The Department of Ecology has granted permission for the drilling of Well #11.
/-'Negotiations are in progress to purchase land for the Well site.
We are submitting specifications for Councii approval and requesting permission
to call for bids.Bids will be opened on January 22,1975,at 2:00 p.m.and presented
to the City Council for award at their regular meeting on January 28,197S .
Respectfully submitted,M.G.McLanahan,Acting Public Works Director.
Ebbert -Has anything taken place-,Mac,in the week gone by here in which we should have acted
upon this,that will affect this in any way?
McLanahan -Yes sir.We've had.to change the dates and move them back two weeks because
of a stipulation of bid requirements with Referendum #27,because of you not having a quorum
at the last meeting.This meant that we had to move this so that we could have a 30 day ad
vertisement period.
Ebbert -What date will that be now ?
Waggener - I think that's the date that's listed on this letter,Mr.Mayor.
Ebbert -Oh,.this is-.-
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Special Council Meeting Minutes:12 December 17,1974
Waggener - A new letter has been submitted from the one that went out to you 10 days ago.
Ebbert -Have any further comments on the situation,Mac?
McLanahan -No.
Ebbert -Any questions from the Council.
Johnson - I move we grant permission to call for bids on Well #11.
Ebbert -Moved by Johnson that we request to call for bids-Well #11.
Boyle -Second the motion.
Ebbert -Second by Boyle.We have anything on the question?All those in favor signify by saying
aye.
All -Aye.
Ebbert -Opposed.
Skaug -Only one point here.Four days to return a bid.Kind of quick,isn't it?
Ebbert -Four days to return the bid.
Ebbert -No,theyhad to set it up a couple of weeks.
LEASE -CITY OF MOSES LAKE AND GRIFFITH LANDSCAPING &IRRIGATION
Ebbert - # 13 is a lease -City of Moses Lake and Griffith Landscaping &Irrigation.We have a
letter from Mr.Beeman.No,wait a minute,that's ambulance service.That's out.Let's see.
What have we got on this lease?No letter I guess.
4Waggener- I think,Mr.Mayor,that you will recall that at a previous meeting a letter was
presented from Mr.Griffith and I recommended that we go ahead and have a lease prepared and
that he be granted permission to use the property and this lease then is to-simply to formally
give him that right.I think we were at that meeting given authorization from the Council to
have the lease-;grafted and presented back to you.
Ebbert - Any questions on the lease?
Hill - I move the City Manager be given authority to sign the lease.
Ebbert -Moved by Hill that we—
Johnson -I'll second that.
Ebbert -give the City Manager authority to sign the lease and seconded by Johnson.All those
in favor signify by saying aye.
All -Aye.
Ebbert -Opposed.So ordered.
Hill -Here's another question,Mac.What other poles are setting on the property out there?
McLanahan - I can't answer you.I really can't.They're putting in gas and I understand—
Hill - — ?—gas and they look like --?--power poles.Looks like 4 or 5 poles along —?—
McLanahan - I really don't know—?—
Kimball - —?—It's kind of an effect type.
Waggener - The poles are for lighting then?
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Special Council Meeting Minutes:13
Kimball -Maybe two .The rest are just display type for shrubbery and —?—
December 17,1974
2139
Waggener -Incidentally,you may wonder why they were going ahead when the lease hasn't
been executed yet and they're very concerned at getting some things in yet this fall and I
gave them authorization to go ahead and have entry onto the property with the stipulation that
—?—anything they did at this point was strictly at their own risk since the lease had not
been executed..
NEGOTIATED CONTRACT -SEALING &SERVICE OF WATER WELLS
Ebbert -#14 -Negotiated Contract -Sealing and Service of Water Wells.We have a letter from //_/^jL
McLanahan.Would you read please.''TJ-Tl?
Zimmerman-To:City Manager for Council Consideration.From:Acting Public Works Director ~~~'_
Subject:Sealing and Service ofWaterwells #4 and#5,Contract #74-08A.//7^>
The Public Works staff negotiated with four well drillers for repair of Wells #4 and
#5 and received proposals from three of these contractors.One of the three with
drew his proposal as he did not have equipment large enough to meet the require
ments .
Charles Jungman of Walla Walla submitted the lowest proposal based on estimated
quantities and anticipated he would be able to begin work on or about January 15,.'975 .
• I recommend the City Council award the contract to Charles Jungman.
Respectfully submitted,M.G.McLanahan,Acting Public Works Director.
Ebbert -We have another letter for Wells #.7 and #8.Do you —?—take them all at once or act
on them individually?It would be just as well to group them up,wouldn't'it?
Waggener - I think so,Mr.Mayor,and as a word of explanation on the two letters,you may recall
that this was originally presented to you as being a negotiated contract for all of the projects.Now
we find that the original bid —?--that had gone out before Mac was Acting Public Works Director,
actually had called for bids only on Well #4.That left us in a position then where we really couldn't
negotiate for alLci them because we would exceed the authority given us by the Public Works Bid Law.
And so in order to satisfy the legal bidding procedure,it is necessary to divide them.We can negotiate
4 and*5 but we must bid 7 and 8.Now with some we've already negotiated being on the side,it's
probable we will receive bids.We didn't,you remember,before when we called for bids on #4 but
we cannot negotiate the entire project because we exceed the limitations of the Bid Law by doing so.
Ebbert -You say you can negotiate 4 and 5 ?
Waggener -Yes.That's basically within the scope of work that was originally bid.
Ebbert -Well,I thought—It says here that we awarded a contract.A contract isn't a negotiation,
is it ?
Waggener -Well,I think Mr.McLanahan's letter states that the staff has negotiated for repair of
Wells 4 and 5.
Ebbert -Wtih a contract.
Waggener -Well,okay.We would negotiate a contract or ask authority to approve that contract or
for approval of that contract.
Ebbert -Well then,you want a contract definitely on Wells 7 and 8.
Waggener -Okay.On 4 and 5 first,we're asking that you award the contract as negotiated and
in the second one we're requesting permission to call for bids for 7 and 8.
Ebbert -Would you read the letter for the record on the second one.
Zimmerman -To:City Manager for Council Consideration.From:Acting Public Works Director./ficP'?'
Subject:Sealing and Service of Waterwells #7 and #8,Contract #75-03.'
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Special Council Meeting Minutes:14 December 17,1974
Zimmerman-We are submitting specifications for Council approval and requesting permission to
call for bids;forrepairofWells# 7and #8.Bids will be opened on January 22,1975,
at 2:00 p.m.and presented to the City Council for award at their regular meeting on
January 28,1975.
Respectfully submitted,M.G.McLanahan,Acting Public Works Director.
Ebbert - I think in view of the two letters,we'd better take them individually because one ofthem
is asking to award a contract and the other one is putting it out for bid.So in relation to Well 4
and 5 what would be your pleasure on that orif you have any questions.Or Mac,do you have any—
McLanahan - Mr.Waggener's explained it very well.
Boyle - I would move that negotiation contract with Charles Jungman of Walla Walla be approved --?--
Ebbert -Moved by Boyle that Wells 4 and 5 contract be accepted from Jungman.
Moe -I'll second that,Mr.Mayor.
Ebbert - Second by Moe.All those in favor signify by saying aye.
All -Aye.
Ebbert -Opposed..So ordered.Now we have a request to award or to open for bids on Wells 7and 8.
Skaug - I move that Mr.McLanahan be authorized to call for bids on these two wells.
Johnson -I'll second it.
Ebbert -Moved by Skaug that we authorize McLanahan to bid-to open bids for Wells 7and 8.Seconded^
by Johnson.
Moe-Is this similiar towhat we're doing on the other wells?similiar nature or what?
Skaug -Sealing and servicing.
Moe -Basically the same.
McLanahan-No.7 and 8are a little different repair job then Well #4 or Well #5,Mr.Moe.IthoughtmaybeI'd better explain to you on 4we will be inserting probably 350 feet of casing andgroutingitin.On Well #5 we're adding itto Well#4 because it is just a small quantity job wherewewillbeacid-treating and cleaning the well up-and removing the debris from the bottom.Well .
#7 and Well #8 they both have water cascading into them causing some air problems especiallyalongpumpingseasonduringthesummertime.And we'll be going in trying to determine what we R3candotoeliminatetheseairand-?-problems in these two wells.I could go into it in detail Mbutitgetsprettytechnical.I'd be glad to any other time with you though.^
Ebbert -How can a contractor bid on something he doesn't know vhat he's gotta do?rO
McLanahan -We have to estimate approximately what he will have to do And as you^know^weareworkingwithunknowns.So we bid most of the equipment by -?-hourly rate basis.And we
estimate the amount ofgrout that hewill use in his move in-move outcost.
Moe -NO I wanted to clarify just exactly what the situation that you are trying to overcome inonetMngorMotherBecauseIthinkon7and8you're going to find it's going to be probably more than
«&on 4 and 5,would that be right?
McLanahan -It .will,probably be more of a task on 4then on any of the others,more costly on 4.
Well #7 an 8 will probably exceed Well #4 contract,however.
Waggener -Something might be interesting to the Council.Idon't know if y™^*%™?££th<3TrticleaboutDepartmentofEcologyrulingsseveraldaysagointhepaper.But °~»£^^^tWre orooosing is that all of the wells in the area and they were speaking principally of the OdessaarelwMchbordersonus,that those wells that have cascading water *"^**\™*i£is nowoffthatcascadingwater,and that's what we're proposing to do on these to stop the air.But this is now
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Special Council Meeting Minutes:15 "December 17,1974
proposed to be a Department of Ecology requirement that it actually be done.And the reason for that
is so that the deep wells would not then be draining water out from the shallow wells and drying up
the shallow water wells in the irrigation areas.»
Hill -Mr.Waggener,on that study is there any way of knowing,let's say one of our wells was
drawing off the shallow water well.Any idea of what perimeter that might be involved in a deal like
that,or do they —?—
Waggener -Not really.It could draw from a mile away very easily.But we sit in a unique position
because they classify us in the Quincy Sub Basin and yet our geologist that has discussed our program
with us says we are really on the border between the Quincy and the Odessa Basins.And that much of
the water that flows down through the Odessa area also flows right on down Into our water supply.So
that those wells could be tapping water that would otherwise be coming to us.So its,unfortunately the
ground water thing is complex and I guess as the Mayor has indicated/how do you know what you're
doing when you can't see what's down there.And that's kind of the problem we have.We think that in
most instances we have actually closed off the shallow areas to a point where we are not drying up any
shallow areas in the area.Now the fact that we do have cascading water that's causing air problems
to us indicates that we're getting some shallow water.We have a leak in the casing,for instance,
in Well #7 that we're aware of that needs to be sealed.
Ebbert -Well,who would determine in all these hundreds of wells around us which ones are cascading
and which aren't so that these laws can be complied with for repair.
Waggener -Generally,you can tell by the determination as to whether or not there's air in the water.
If it's cascading it's going to trap air as it falls and it'll be pumping air with the water.
Hill -Wouldn't we be getting nutrients in our water then from the farm run off like we do off the hill here.
Waggener -Bob,I guess it's a question of what we call shallow water because the shallow water that
you would normally get nutrients on would probably in the upper 30 or 40 feet.We do have that cased
off.Shallow water to us might be at the—more at the 1 and 200 foot level it's dropping'.Now in the
case of Well 7,Mac,where we had the hole in the casing.I don't remember what elevation that's at.
It's fairly close to the surface,isn't it?
McLanahan -Mr,Waggener,on about #7,if you remember,—?—cut the casing off too short and it's
right down below the casing where the cascading water is.The casing,if I remember correctly,is
about 150 feet —?—going on down as we usally do to protect our —?—That's right below that 150
foot level.
Ebbert - Any other questions ?Let's see,we had a motion to. —?—Didn't somebody make a motion—?—
Skaug - I moved and Bill seconded.
Ebbert -and then it came up on the question—?—Any other questions on the question?All those in
favor signify by saying aye.
All -Aye.
Ebbert -Opposed the same.So ordered.
ACCEPTANCE OF WORK -TANK PAINTING &REHABILITATION
Ebbert -#15-Acceptance ofWork with Tank Painting &Rehabilition.We have another letter from /^Cv
McLanahan.
Zimmerman - To:City Manager for Council Consideration.From:Acting Public Works Director.
Subject:Tank Painting and Rehabilitation.
Delmar painting had satisfactory completed their contract on painting and rehabilitation
of the water tanks.
I recommend final acceptance of the work completed by Delmar and beginning of the
thirty.(30)day lien period.
Respectfully submitted,'M. G.McLanahan,Acting Public Works Director.
i»*7«-»*«*—r*y~7—»—~
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Special Council Meeting Minutes:16 December 17, 1974
Skaug - I think.from just from the Civic point of view and the painter's standpoint,it's about the
nicest looking paing job we've ever had in this town.
Yes it is.
Ebbert -Looks like the whole project was very well done.They cleaned up after themselves.
Moe - I move the work be work be accepted and —?—thirty (30)day lien period by entered into
on the Delmar painting contract.
Boyle -Second the motion.
Ebbert -Moved by Moe and seconded by Boyle that the painting contract be accepted and 30 day lien
period terminated.All those in favor signify by saying —
Skaug ?—
Ebbert -Pardon?
Skaug ?—
Moe -Not terminated,entered into.
Ebbert - Or entered into,excuse me.All those in favor signify by saying aye.
All -Aye....
Ebbert -Opposed.So ordered.
^RESIGNATION -ARMANDO H.GONZALES -INTER - RACIAL COMMISSION
Iw Ebbert -#16,we have a resignation from the Planning or from the Inter-Racial Commission by Armando jH.Gonzales.He has written us a short note here,would you read it please.j
Zimmerman -Dear Committee Member's:
I'm writing this letter in regard to my resignation.I feel I cannot be of any value
to this committee,at this time.
Thank you and I hope in the future I can be of some value.
Armando H.Gonzales.
Ebbert - I guess Gonzales isn't in the room.Pj
Skaug - I move his resignation be accepted and that the City draft a letter thanking him for his services O
he has rendered.^
COJohnson-Second that.^^
Ebbert-Moved by Skaug, seconded by Johnson that we accept Gonzales*resignation from the Inter-
Racial Commission.All those in favor signify by saying aye.
All-Aye.
•a .Ebbert -Opposed.So ordered.
|PROGRESS REPORT -DAY CARE CENTER
])'Ebbert -We have aprogress report from the Day Care Center.We have aletter from Garcia,the Presid
Zimmerman -It's addressed to Moses Lake City Council.Gentlemen:
The Parent Advisory Councilfor the Moses Lake Child Development Centerwhich is
located on Fifth &Chestmut Streets (rear of Central School)subject to the continuing
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Special Council Meeting Minutes:17 December 17,1974
property lease from School District #161 again requests your approval of a zone variance
for the Center.
As you may already know,the Center operates under Federal poverty guidelines and
serves agricultural families.The Center has a licensed capacity of 64 children from
the ages of one (1)month to 6 years or kindergarten age.In addition to providing
childcare facilities to these children the Center also provides early childhood education
and developmental training for these youngsters and also nutritional meals which meet
or exceed USDA standards and specifications.We have a full time LPN which sees
to the health needs of the children at the Center and provides counseling and assistance
for parents with regards to health needs at home.Besides these facets of our program
we have a parent participation program and a staff training program which insures some
measure of quality to the entire program.
Your continued interest and consideration of our request is sincerely and deeply appreciated,
Sincerely,Ismael Garcia,President of the Parent Advisory Council to the Moses Lake
Child Development Center.
Moe -We've been doing this on an annual basis,haven't we,Mr.Mayor.I move we go ahead and
grant 'em zone variance for another year.
Johnson -I'll second that.
Ebbert -Moved by Moe seconded by Johnson that we grant a zone variance for the Parent Advisory
Council for the Child Development Center—
Moe -for another year.
Ebbert -for one more year,yes.Year 1975.All those in favor signify by saying aye.
All -Aye.
4
Ebbert -Opposed.So ordered.
Skaug -—?—Mr.Mayor,—?—to what perceitage of their capacity are they operating now?
Ebbert -Anyone in the audience from the Day Care Center?
Mr.Saenz -Yes sir.I am a representative of the Day"Care Center.And I'm sorry,could you repeat
the question?
Skaug -Yes.What percentage of your total capacity are you operating now ?
Mr.Saenz -It's varying.At this time since we do serve agricultural families alot of them leave the
area.There are still alot of seasonal workers that remain in the area that have settled down in Moses
Lake.We're still averaging a good 43 children at the present time.
Skaug-Are there becoming less and less numbers of migrant or transientory workers here now,sir?
Mr.Saenz -Well,I have no statistical data to back anything up I say. I do have a feeling though,
that there has many —?—in the past years.
Skaug - Do you forsee any curtailment of your program or an enlargment of it.
of
Mr. Saenz -Well,I think the area/child development and early child training is becoming—?—
It's enlarging rather than diminishing.I think that there has been — ?— in many areas for childcare
and —?—facilities.I know that a lot of the colleges have been wanting to go this route for their
students,their married students that have children.So it's—I think the area is definitely growing
now. The needs may change in certain areas but I think the area of child development is really with
us to stay.I think that educators now have to learn that the majority of a child's background is
obtained in his younger years so I think that instead of declining I think it's gonna continue to grow.
The areas of service may require a change.
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Special Council Meegint Minutes:18 December 17,1974 .
Ebbert ?—satisfactory for the coming year?j—i
Saenz -Pardon?
Ebbert -The area you have now willbe satisfactory for this coming year?
Saenz -Yes.
Skaug -Are there any particular ethnic groups thatarea majority there yet.
Saenz -Yes.The ethnic group which is the major part of our -?~is Mexican-American.Because oftheguidelinesunderwhichweoperate,which are we have to meet Federal guidelines according to theproposalwhich—from which we obtained our funds then any seasonal agricultural worker and migrantaretoppriority.We do have —?—but we basically are a service oriented group and we do have a ,
__?__but we try to stay away from that.We try to use the funds allocated for that purpose so we
try to stay within the guidelines that are set up for us.
Skaug - Noone is precluded from that though.
Saenz -No.
Skovig -Thank you.
SUMMONS -SUPERIOR DISPOSAL.INC.
#^Ebbert -#19 -Summon-Superior Disposal.We have aletter from Mr.Waggener.
Zimmerman -To;City Council.From:City Manager.Subject:Summons -Gordon Me ling
d/b/a Superior Disposal, Inc.VS.Cityof Moses Lake.
The accompanying Summons is a follow-up regarding the Claim filed by SuperiorDisposal,Inc.,and noted receipt of same in the Council Minutes of August 13,1974..
Inasmuch as the Summons will be processed by the insurance adjuster,I suggest the
Council Minutes merely not receipt of the Summons.
Respectfully submitted, ChesterL.Waggener,City Manager.
Skaug - I move we adoptthe suggestionbythe City Manager.
Johnson -Second it.
Ebbert -Moved by Skaug,seconded by Johnson that we adopt the suggestion of the City Manager WtomerelynotethereceiptoftheSummons.All those in favor signify by saying aye.LJ
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All -Aye.{O
Ebbert -Opposed.So order.Now is there anything on this that you have at this time.
CITIZEN INPUT
Ebbert -#20 -Citizen Input.Take a minute or two have something they would like to bring,up in relationtotheagendatonight.Any problems on or questions on the agenda If not,we'll go ahead with this ,^
status report.Finance Director apparently is top priority here so we 11 hear him out.
STATUS REPORT/INFORMATIONAL ITEMS^Rick Gagnier-I'd like to refer you to Bob.He's the one that made this last month's finance report.,p
Bob West -And I,quite frankly,have nothing more to add other than the letter itself.
Skaug -Ihear this used the word viable used so much today.Just what is it meant in this context?
Viable position.
West -Capable of -excuse me-wlth the budget itself is a flexible tool by which the City can transact
it's business.It's not rigid.
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Skaug ?—anything to predict anything other than —?—appear to be well within the budget of
'74 any great variance ?
West -No sir.
Ebbert -Does that conclude the report then?
West -Yes sir.
Ebbert -City Manager I think has some input at this time.
Waggener -Mr.Mayor,allow me to take first the item that you have as printed material in your
books.And this relates to State and Federal Grant Applications.We'd indicated to you that we
would come back and present to you a list of those projects for which Federal and/or State Grant
Applications had been made.I think that information was presented to you at one of your Budget
Study Sessions and I was ill and was not here.I 'd indicated to indicated at the next Budget Study
Session that some of that material had inadvertently been submitted and was incorrect as submitted.
I believe this listing is accurate as to the projects for which Grants have been requested and perhaps
I could review them briefly for you.The first one listed is the ones we've been working on most
recently on the Referendum #27 State Grants which are all related to water projects and on this list.
I have 4 for which there are asterisks on.These we have made pre-applications only.We have not
followed up with a formal application.Now the distinction on that being that a pre-application
merely goes in for preliminary screening process to see whether it looks like it's project could be
funded.And it didn't seem at this point that these were going to rate high enough on the priority array
to consider going further with them.One of those I'd further like to explain because you may wonder
why a pre-app was even submitted and that's item 10 on the Westshore Water Main'.We had had a
request from the people living out on the Westshore area north of Westlake to extend water service
And we had told them that we could do nothing unless that approval was actually given by the City
Council,suggested that if they were interested they should consider a local improvement district
because they would have to pay the full cost of extending the line.They asked If we would consider
submitting an application for Referdum#27 funis to assist them since only a City agency could—I
shouldn't say city—but only a governmental agency owning a water system could actually submit such
application.They could not submit one on their own because —?—.We did submit the pre-app and
again have not followed through on it.because it looks as though it couldn't be funded anyway.So
they've not come back to us or to you with anything further on it.The Sewer Projects are those that
we have discussed with the Council following the original Capital Improvements Program.And the
infiltration-inflow analysis we have done some on.We have done some of the engineering on the
Knolls Vista-Broadway Intercepter .At1 this point P.P.A.priorities are being directed in other areas
and I think that we previously discussed with you that we have pulled —?—of that at 60 percent
completion and felt we should go no further with it until we're assured that the project is going to be
funded and can go ahead.The only other one there that's probably worthy of any real intention is the
Sewage Treatment Facility Improvements and we had originally discussed with you and had submitted
application for merely some modifications to the existing treatment plant.Now as it has come back to •
us,we received a preliminary waste discharge permit and I'm told we should receive the final one in .
the next week or ten days.And that directs us to go ahead with the plan as studied.We've also discussed
with the City Council we expect that in the first half I think would be safe to say of 1975 that we will receive
a grant to go ahead with the Facilities Plan.Now that Facilities Plan will be much more-comprehensive
than we had originally anticipated.It will go beyond just making modifications to the plant we will
actually address itself to going to the ultimate of complete removal from—of effluent-from Moses Lake or
treating the effluent to the point where it is no longer considered any problem to add to the lake.It will
be virtually free of nutrients and any harmful aspects.Going on to the second page,I think we have a
listing of projects that did not in themselves come formally to the City Council and we have not submitted
an application for Federal.Grants in the normal aspect that we consider in submitting a formal application.
This came to us in the form of a federally mandated need study of city streets.In simply answering that
need study then we in essence did submit application for these projects.I think ft is obvious from the
dollar amounts listed that we couldn't expect all or probably not even a very significant percentage of them
to be funded in any one year.We don't know, frankly, at this point whether or not any of them will be
funded.One of them you will note has a triple asterisk Division Street Signals.This one we'd also
submitted for spectrus to the Urban Arterial Board and it is also includedin the proposed 1975 budget
underArterial Gasoline Tas Funds-Arterial Street projects.Now we may or may not receive funding from
that.We think that that project is importantenoughthat if we do not receive funding that it should be
constructed in 1975 with our own funds.And we would recommend that to you if we receive no information
on funding by early in 1975.The Washington State Traffic Safety Commission again was a result of a
study that was conducted by the Engineering Department and , frankly, I am not really familiar with that
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Special Council Meeting Minutes:20 December 17,1974
application.That one went in as part of that study directly from the Engineering Officeand I was ,f"~^
not personally involved in it.Mac, I thinkyou've done some work since in trying to ascertain what ;
these projects are for.I don't know if you have information on that at this point or not.
McLanahan -We've been trying to put together a program so the study will not just be another study.
So that we will be able to gain some knowledge to run inventory of the asphalt streets and to do other
traffic studies toward the improvement of traffic signal lights and pedestrian safety in the downtown
area.If we can proceed,and they will approve our plan of action or our task that we have so that it
will provide information for a good sound engineering data and development from it,we will proceed
with this—with the grants that we have been awarded on the Traffic Safety Commission.
Waggener -Okay.I have nothing else on that item Mr.Mayor,unless there are questions.
Hill -Just a point,Mr.Waggener,on street projects.How current are ?—,so therefore how
accurate—?—.Like ten percent or what?
Waggener - No,they're not within ten percent.They probably weren't at the time the need study'
was made,Bob,because they done without doing any real engineering work.They're simply desk
estimates without any quantities calculated in the field at all.And in terms of age,I think they
were done last spring.They'd be nearly a year old at this point.,
Hill -Well,I was saying about this Division Street.As I recall that —oh,little study we had year
and a half or two years ago,the figure then was about $750,000 or something.
Waggener -Yes
Hill -We're only $800 plus here so—
Waggener - Okay.We've kicked around several figures on that and one of the things I think we *,——,
discussed at the last budget session,Bob,were,I believe you were absent,is that we think we-
need to take another look at that one.Certainly if we had the finances and if we were initially
constructing that street we would not construct it to those standards .But we question seriously I
whether we can really afford to tear it up and co mpletely rebuild and replace everything that's
there now.We want to look at the possibility of an overlay on that.A tight —?—job first,an
automatic paving machine to smooth it out and then an overlay and recognizing that that is never ;
really going to get it in as good as condition as if it were rebuilt.But it would be a fraction of the ,
cost and we might be able to afford that where at this point I don't see any way that we're going to
be able to afford $7 or $800,000 on the project.
Skaug -Didn't Mr.McLanahan allude to the fact that the Bureau did —?—they admitted that their
water was coming down Penn Street that would add to some of that water —
Waggener -Yes.j-rt
Skaug ?—.And perhaps some of the other water is coming off of that whole bench there .^q
—?— asking if that could be a factor in perhaps —?— that street at all. —?— if that happens t j\^
and he—might be a factor in the consideration.^q
Waggener -Yes.The Council may remember that we've had water break out of that hillside in
several areas.It caused some real problems to some of the homes in the area and of course it
also causes some problems for the street.Actually what we've had I believe is a comment from
the US Bureau of Reclamation Geologist that said yes the increased water problems in the area
have been caused by the irrigation project.Now that does not infer that the Burea is accepting
the responsibility for it.Of course he doesn't have the authority to either accept or reject that
responsibility.I think if we are going to get any relief from it,Mac. had indicated also previously
that it's going to have to be done through some Congressional action because the Bureau simply has
not allocated funds at this point to take care of those kinds of problems.And to get that money in '
the budget to give them an opportunity to assist us would require action probably by our Congressional
Delegation.
Skaug - Also we've drilled about—how many—maybe a hundred test holes up the center line of
Division Street.
Waggener -I'm not sure of the number,but we have—
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Skaug -Have we made any periodic check to see what the water level is in those since that drilling?
Is it increasing or receding or?.
Waggener - I can't answer that .I'm not sure if Mac can or not.
McLanahan -No.sir,they have not —?— the water level has stayed stable from what I understand—
Skaug - Would they'd have come and checked it or did it become our responsibility to--
Waggener - I think it's fair to say that there's water under pressure under much of that street.Mac,
is that correct?
McLanahan-Yes sir,there is.
Johnson - That runs all winter doesn't it?It don't ease off after irrigation.
Waggener -No.
McLanahan - No, it doesn't . In fact,it probably runs a little more this time of year than it does
in the spring.
Waggener-The water comes to that area throughsome rather tight silt-type formations.And it took
many years of irrigation before the water table had finally moved far enoughin to —that it was actually
coming out of the hillsides into the City. Sothe water moved very slowly but it because it moves slowly
it doesn't fluctuate that much by season either.It's not going to —if they quite irrigating for one year,
for example,it would not dry up.It would take longer than that for the water to all come out.Are there
any other questions on this area?
Ebbert - Apparently not.%
Waggener -Okay.I have a couple other quick items then.In response to a question,on—earlier,/D^k
Mr. Mayor, in terms of why we pulled the agreement with the Samaritan Hospital.Allow me to say
that first,that agreement was intended principally to correct some problems that our insurance
representative saw as regards to —?--to be sure that the City was adequately protected in that we
had a cooperative arrangement he felt was mutually satisfactory to the hospital and ourselves and
protected us against liability.Now since we started in that we've had the opportunity to investigate
further the Fair Labor Standards Act which went into effect in May of 1974,this past year,and for the
first time governments throughout the Nation have been placed under the same kind of legislation that
most private business has been under for years.There's some interesting aspects of that and we don't
have all the answers to it yet.We've inquired of the Department of Labor and we've made a trip to
Seattle to try to get better information on it.They have at this point a set of proposed standards.And
those proposed standards,if adopted as they exist will create some problems for us as it relates to
operation of our Volunteer.Fire Department and Police Reserves and relates to minimim wage law.
'And,frankly,the National League of Cities and the International City Management Association have .
both protested those proposed standards at public hearings..We don't know at this point whether the
standards will be changed or not.And I think probably we shouldn't speculate much further on what
they would do to us until we see what the final standards are which we're told will out within 30 days.
Now should the final standards be adopted as they now exist,we have some budget problems in those
two areas or we have to change our operation in some manner in those two areas and we're not sure
which it would be at this point.But we may have to come back to you to make some modifications on
that if the standards as they—or the regulations as they exist are adopted as final.
Ebbert -When do you expect them to adopted?
Waggener -They tell us in about 30 days.That will be after we adopted the budget and I would be
reluctant to suggest a contingency item in the budget at this point take care of it because we don't
know for sure what we're dealing with.Well,I want to just give you some background on that to that
if you find that we do have to come back to you and say that we have to change the operation of our
Police Reserves and our Volunteer Fire Department it won't come to you as a complete surprise.Basically
what they're saying is this—and I don't want to go into a total uetail on it—but they're saying that a
person cannot be a Volunteer and a part paid employee at the same time and if fact that's what they
say we're doing with the Police Reserves,for example.We pay the Police Reserves nothing.They
totally donate their time to us.And they say that's no problem.Those same Police Reserves,however,
work for the schools and for dances and they're paid directly by other people,other than the City of
Moses Lake for that activity.Now,at this point,the regulation say that we are then co-employers
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Special Council Meeting Minutes:22 December 17,1974-
with the other person.And the fact that they're paid for one part of the work means that they have to
be paid for all of it.Now that creates some real problems for us.The same general thing applies to
the Volunteer Firemen.This is the area that we have in question right now.Frankly,we're hoping
that the final regulations and final form will be changed.But we're not sure it will be
Moe -Now who is the—?—
Waggener -Department of Labor.Unfortunately Washington,D.C.Makes it very difficult.
Perhaps an encouraging thing is that the representative of the Department of Labor said that under*-
normal circumstances he would tell us that the preliminary regulations would almost assuredly be /"
adopted as final regulations.There had been such strong protests on this particular hearing that •
it's possible there would be some changes.Okay,I have nothing more on that one again,unless
"the Council has questions on it.Okay than two other things regarding meeting dates.Yournext
regular meeting is scheduled for the second Tuesday,that will be one week from tonight and that's.'
Christmas Eve.Originally we had thought that we would suggest to you that you change your meeting
date to Monday night,December 23.That is less than a week away.We see nothing on the agenda
that is so important to follow up that it is necessary to hold a meeting on that date.We have nothing
in abeyance that is that critical and we suggest to you that you simply cancel the next regularly
scheduled Council Meeting.That would leave—
Hill regularly scheduled meeting for next week.""
Johnson -Second it.~
Ebbert -Moved by Hill,seconded by Johnson that we cancel the regular scheduled meeting for the 24th.
All those in favor signify by saying aye.
All-Aye.
Ebbert -Opposed.She's cancelled.Which means of something comes up special or in a hurry we'll
have to have a special meeting for it.
Waggener -Okay.Mr.Mayor,we've had two public meetings in discussion of the budget with the
City Council.At the second meeting we'd acutally gotten all the way through the budget.We'd
indicated at that time,though,that we felt there should be an opportunity to continue that public ,
hearing for one more meeting and whatever else you feel is necessary.To give the council an
opportunity to go back and review the budget,everything you've seen to date on it and See if you
have any suggested changes and again and I say I think that should be a public meeting so that it '
is considered a public hearing where the public can have input if they desire.Again thinking in
terms of the close proximity to holidays, as far as staff is concerned, of course, we will arrange *(
our schedule to meet at any time that's opportune for the Council.I would suggest though if the
Council canget together that you consider tomorrow night You'd need to —incidentally you would t^l
need to I think recess this meeting because there isn't opportunity to give 24 hour notice for special ^
meeting.So you would needto recess this meeting forspecial consideration of the budget.And I was ^qthinkingoftomorrownightsothatifyouneededtogotwonightsyoucouldhavetomorrownightands^
Thursday night still of this week and not get into the ChristmasWeek.^q
Hill -I'd rather have it the 23rd.
Waggener - Again I think that,you know,is Council's option.Whatever you'd like to do.
Ebbert -How bout tomorrow night?Any of those that can't make it?^*
Moe ?—have the public hearing that night?
Waggener -Yes.~'
Moe ?—be able to publicize that in time.
Waggener - Well, I think if you merely recess this meeting,you're okay onit because you have the
opportunity to review the budget at any point.
Ebbert ?—public hearing,also.
Waggener -Yes.And I felt the same thing.I'm saying I think we canrecess it and have an opportunity
for public participation.
m
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Special Council Meeting Minutes: 23 December17,1974
Pat Lightel -Will it be in the paper?
Waggener - I would assume that it would.
Lightel - In small tiny print in back of the want adds?Likeit has been lately?
Waggener - Well, onnotificationfor public meetings let's say we dotwothings. We're not required
to publisha legal notice.We normally do so, and that's the onethat appeares in small print I think
in almost every instance there's also been a news article that is other than on —then in the legal
notices.Butwe put in the legal notice simply so that we will have an affidavit of publication to
I guess in case we're challenged on the open meeting law to be able to say yes that we did publicize
it.ButI would agree,Pat,that does not do a very good job of publicizing a meeting and—
Lightel -Terrible.
Waggener -We need to rely on —
Lightel -It's —area.You almost need a binocular to see it.
Hill - Is tomorrow night —Thursday night there's a public hearing with the P.U.D.by the —
Waggener - That's tomorrow night.There is a conflictonthat. I have a conflict Thursday night, but
it's something that I can cancel if the Council chooses to meet on that date.
Ebbert -Same with me.
Hill ?—I say next Monday.'
Ebbert -What's this public hearing on?
Hill -It's the Department of Ecology,isn't it?
Waggener -Yes.Utrification problems relating to the lake.
Ebbert -Well,we would need a motion to recess this meeting.
Waggener - Mr. Mayor,let me suggest this.If Monday is the date that you choose for it,why don't
ask that it be a special meeting rather that recessing this one.Than we can publicize it as a special
meeting and ask Dave to help us publicize it in something other than legal.I was thinking only if we
had it tomorrow night,there isn't time for us you see to give 24-hour notice with a legal publication
so it would need to be recessed for that.
Ebbert - Any of you fellows object to Monday night?
Moe -Well,do you want a motion to that affect ?
Ebbert -Well if we're going to call a special meeting—
Waggener -Should be a motion on it.
Ebbert -Should be a motion to that,yes.
Moe,-I would so move —.?—
Ebbert -Moved by Moe that we have a special meeting the 23 for a public hearing on the budget.Hear
a second?
Johnson -I'll second it —?—
Ebbert -Seconded by Johnson.All those in favor signify by saying aye.
All -Aye.
Ebbert -Opposed.8:00 Monday night then.
Meeting adjourned at'9:45 P.M.
/^.
ATTEST*/\MAYOR -Gordon M.Ebbert
City Clerk,R. R.Gagnier