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1981 09 223197 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING September 22,1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Robert Hill,Steve Shinn,Harvey Vernier,Charles Edwards,Norm Johnson,and Barry Ziegler Absent:Don Swanson The meeting was called to order at 8 p.m.by Mayor Robert Hill. Mr.Ziegler moved that the minutes of the meeting of August 9,1981 be approved as submitted,seconded by Mr.Vernier,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $30,425.35 STREET 1,179.50 ARTERIAL STREET 21,732.Q9 STREET REPAIR &RECONSTRUCTION 40,156.00 BLOCK GRANT 4,000.24 PARK &REC.RESERVE 16,503.08 WATER/SEWER 7,389.22 SANITATION 7,249.34 WATER/SEWER CONSTRUCTION 18,347.65 EQUIPMENT RENTAL 4,018.63 FIREMENS PENSION 775.00 TOTAL $151,777.00 Mr.Edwards moved that the bills be approved as submitted,seconded by Mr.Shinn, and passed unanimously. I.CITIZEN INPUT II. None CONSENT AGENDA SAGE HEIGHTS DIVISION #1 //2b A letter was read from Robert Townsend,Public Works Director,which stated that Vesta Development has completed all requirements to Sage Heights Division #1 and recommended that the work be accepted. Mr.Edwards moved that the work be accepted,seconded by Mr.Johnson,and passed unanimously. RESOLUTION -ACCEPT EASEMENT A letter was read from Robert Townsend,Public Works Director,which presented an easement from Moses Lake Properties,Inc.for property along Valley Road for the bicycle path. The resolution accepting an easement to the City of Moses Lake,Washington was read by title only. Mr.Edwards moved that the resolution be adopted,seconded by Mr.Shinn,and passed unanimously. III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS None 'O/S 3198 CITY COUNCIL MINUTES:2 September 22,1981 V.ORDINANCES AND RESOLUTIONS %ORDINANCE -1982 TAX LEVY -2ND READING A letter was read from Walter Fry,Finance Director,which presented an ordinance setting the 1982 tax levy. The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed valuations on property within the City of Moses Lake, Washington,for the year of 1982 was read by title only. •'' Mr.Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Zipolpr.and na<;<;pd iinanimnii*;!vMr.Ziegler,and passed unanimously. ORDINANCE -AMENDING 10.04.040 -TRAFFIC OFFENSES - 2ND READING A letter was read from James A.Whitaker,City Attorney,which presented an ordi nance amending the ordinance concerning traffic offenses by making certain viola tions a misdemeanor. The ordinance amending Section 10.04.040 of the Moses Lake Municipal Code dealing with punishment for traffic offenses was read by title only. Mr.Shinn moved that the second reading of the ordinance be adopted,seconded by Mr.Johnson,and passed unanimously. ;;RESOLUTION -REQUESTING FRANCHISE -RAMM ROAD A letter was read from Robert Townsend,Public Works Director,which stated that the new state shop being constructed on Ramm Road will have to install a water main from the intersection of Kittleson Road and Ramm Road to their location.The property is in the city limits but the access road is in the county.Therefore,a franchise is needed to install the main in Ramm Road. The resolution authorizing the City Manager or Public Works Director to sign and submit on behalf of the City of Moses Lake forms requesting a franchise from Grant County for a utility franchise was read by title only. Mr.Shinn wanted to know if the line would be extended to the northern boundary of the plat.Mr.Townsend stated that it is not.This line is in the county and the city has very little say over how far it will be extended. Mr.Johnson moved that the resolution be adopted,seconded by Mr.Ziegler,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION CLAIM ON CONTRACT -SUPERIOR REFUSE A letter was read from Joseph K.Gavinski,City Manager,which presented an amended claim from Superior Refuse Removal,Inc.in the amount of $14,154.35.City staff has reviewed the claim and has found that $9,045.96 of the claim is valid and recommend payment. Mr.Gavinski stated that the original claim filed was in excess of $16,000.In looking at that claim,city staff disagreed with the amounts stated.After the original claim had been placed on the Council's agenda,the city received the amended claim after some of the problems had been worked out by Superior Refuse. The original claim was withdrawn from the agenda and city staff looked over the amended claim. 3199 CITY COUNCIL MINUTES:3 September 22,1981 Mr.Gavinski stated that the Finance Director examined each of the accounts,and the staff has determined that $9,045.96 of the amended claim of $14,154.36,should be paid. Mr.Gavinski stated that in 1979 Superior Refuse was awarded the garbage contract. This document included the amounts he was to be paid on compactors.The ordinance setting the rates was based on containers and the compactor rates were not included. Therefore,the contractor was being paid for the compactors under the container rate. Mr.Edwards pointed out that it took the garbage contractor 22 months to make this claim and he did not feel the city should have to pay this claim.He felt that this should have been brought to the attention of the city much sooner so that the city could have adjusted its billing rates. James A.Whitaker,City Attorney,stated that under the old contract that was the practice.When the new contract was rewritten in 1979 it placed the entire burden for correct billing and payments to the contractor on the city. There was some discussion by Council on the possibility of future claims and Mr. Gavinski pointed out that there could be future claims after this one is settled. Mr.Ziegler moved that the claim of $9,045.96 be paid as recommended by the city staff,seconded by Mr.Johnson,and passed unanimously. Patrick R.Acres,attorney representing Superior Refuse,stated that Superior would sign a release as to all possible claims on all accounts going back to September 1, 1979 and that the city would not have to worry about other claims being made by Superior Refuse. IX.COUNCIL QUESTIONS AND COMMENTS It was decided that the Council would take a tour of the various city^facilities on Wednesday,October 14,1981 starting at 9 a.m. j X.CITY MANAGER REPORTS AND COMMENTS CANNON AND ROGERS Joseph K.Gavinski,City Manager,stated that the city was successful in the law suit brought by Cannon and Rogers. LAKE Joseph K.Gavinski,City Manager,stated that the growth in the lake has been noticed and upon talking to Cecil Lee it was determined that it was not milfoil. GARBAGE ,qP Joseph K.Gavinski,City Manager,stated that the McDonalds situation has been 1 resolved. He stated that Superior Refuse has been talking to the accounts that have service agreements on compactors and it is his understanding that most of the problems have been resolved. He stated that the city now knows the problem concerning the doctors clinic on Riviera and is attempting to resolve that with Dr.Penhallurick,Dr.Thorp,Dr. Tracy,the contractor,and the city and it should be resolved shortly.There were three separate accounts being billed for a single container.He stated that at least two of the accounts could probably have gotten along with single can service. Instead of each having a separate container,they combined their services into a single dumpster although they are getting billed individually.This problem should be resolved shortly. The meeting was adjourned at 8:40 p.m./^J y Robert E.Hill.,Mayor ^= LJ