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1981 10 27u s J 3212 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR MEETING October 27,1981 POLICE/COUNCIL FACILITY 8 p.m. Members Present:Robert Hill,Steve Shinn,Harvey Vernier,Charles Edwards,Norm Johnson,Don Swanson,and Barry Ziegler The meeting was called to order at 8 p.m.by Mayor Robert Hill. Mr.Johnson moved that the minutes of the meeting of October 13,1981 be approved as submitted,seconded by Mr.Edwards,and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $73,391.71 STREET 6,890.14 ARTERIAL STREET 5,094.25 STREET REPAIR &RECONSTRUCTION 333.89 BLOCK GRANT 3,875.55 PARK &REC RESERVE 9,100.24 WATER/SEWER 7,827.65 SANITATION 6,739.00 WATER/SEWER CONSTRUCTION 45,926.15 EQUIPMENT RENTAL 1,334.25 FIREMENS PENSION 873.40 TOTAL $161,386.23 Mr. Edwards moved that the bills be approved as submitted,seconded by Mr.Swanson, and passed unanimously. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS GASOLINE /o/Y A letter was read from Robert Townsend,Public Works Director,which stated that prior to gas allocation,the city used to go in with the School District and the Port of Moses Lake on gasoline bids so as to obtain better prices.Since the allocation program is no longer in effect,the city is going back to the collective bids with the School District and the Port.The low bidder for gasoline was Chev ron. A letter was read from the Public Works Superintendent which recommended that the city remain with its present supplier,Chevron. Mr.Townsend stated that the School District has elected to go with Conoco but that Chevron will supply the city at the price bid. There was some discussion by the Council. Mr.Ziegler moved that the city accept the bid from Chevron,seconded by Mr.Johnson, and passed unanimously. 3213 CITY COUNCIL MINUTES:2 October 27,1981 IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS gO PUBLIC HEARING -ORD.-PROPERTY CONDEMNATION -YONEZAWA BOULEVARD -2ND READING •}— A letter was read from Joseph K.Gavinski,City Manager,which presented an ordi nance for the condemnation of property in order to obtain right-of-way for Yonezawa Boulevard and the second lake crossing. The public hearing was opened. Don Liggett stated that he owned the property in question.He stated that he had bought the lots two years ago as an investment and has never offered the lots for sale.He stated that he does not wish to sell the lots.He presented a map to the Council and stated that the city proposed to condemn portion D of Lot 2.This would leave portions C and E of Lot 2 which would be small and of no practical value.The right-of-way would not encroach on Lot 1 but Lot 1 is small and has no value for commercial use.He stated that he did not believe the city has funds for the construction of the road nor the necessary right-of-ways or easements to the north or south of these lots.He felt the city was premature in condemning the lots for a road that will not be built for years to come. There were no further comments,so the public response was closed. Mr. Edwards moved that the public hearing be closed,seconded by Mr.Johnson,and passed unanimously. The ordinance providing for the condemnation,appropriation,taking and damaging of land and other property necessary in the building of Yonezawa Boulevard and a second lake crossing over Parker Horn was read by title only. Mr.Gavinski stated that the city owns land in the area of Desert Gardens but the city does not own all the land in that area necessary to build Yonezawa Boulevard but this is part of the process in order to obtain all that right-of-way. Mr.Hill stated that the city does not have the funds to build the road but city staff has been directed to obtain the right-of-way along the prescribed route so that people will not be building in the proposed location of the road. Mr.Ziegler wanted to know if the court would take into account the fact that the property is being chopped up in determining the value lost to the seller. Jim Whitaker,City Attorney,stated that the primary function of the jury in a condemnation case depends on the kind of interest the city would take in the land. In this case the city wishes to take fee simple ownership of the land.The question would not be the effect on the other land,but the value of the land taken.This may or may not be affected by what is left for Mr.Liggett.The question of whether or not the other land is,in some way,being damaged could be raised.He stated that he is not aware of any damage that is projected to the land since the city is condemning a portion big enough to hold the right-of-way and construction work. Mr.Ziegler felt that the city would not be leaving a portion of relative values. He wanted to know if this kind of question would come up. Mr.Whitaker stated that it would not.He stated that condemnation proceeding is a strictly drawn proceeding.It must exactly follow the statute.The only real defense a person has to a condemnation proceeding is that the land is not being taken for a public purpose.The question for the jury then is what is the value of the land being taken.The land that is left is not in issue. Mr.Shinn stated that the city is condemning portions D & E and Mr.Liggett could combine portion C with Lot 1. Mr. Edwards moved that the second reading of the ordinance be adopted,seconded by Mr.Hill,and passed with Mr.Ziegler opposed and Mr.Swanson abstaining. p ^ L./ 3214 CITY COUNCIL MINUTES:3 October 27,1981 V.ORDINANCES AND RESOLUTIONS ORD. - AMEND OUTDOOR STORAGE AND DISPLAY - 1ST READING /<?*'</ A letter was read from Rita Perstac,Community Development Director,which presented an ordinance which would amend the outdoor storage and display sections in the C-l, C-2,and C-3 zones. Joseph K.Gavinski,City Manager,stated that the amendments would take care of a problem that has existed in the city for some time. An ordinance amending Section 18.27.120 of Chapter 18.27 of the Moses Lake Municipal Code Entitled C-l,General Commercial Zone;Chapter 18.30 of the Moses Lake Munici pal Code Entitled C-2,Limited Commercial Zone;and Section 18.33.180 of Chapter 18.33 of the Moses Lake Municipal Code entitled C-3,Neighborhood Commercial Zone was read by title only. Mr. Edwards moved that the first reading of the ordinance be adopted and a public hearing set for November 10,seconded by Mr.Shinn,and passed unanimously. RESOLUTION -ACCEPT GIFT -LIVING CHRISTMAS TREE -SUNRISE KIWANIS /OV^ A letter was read from Cecil Lee,Park and Recreation Director,which presented a resolution accepting a Colorado Blue Spruce valued at $240 from the Sunrise Kiwanis Club.The tree has been planted near Five Corners in the Civic Center Park and is dedicated as a "living"Christmas tree.The Kiwanis have pledged to provide all necessary electrical power to the tree so that it can be decorated each year during the Christmas season. The resolution accepting a gift from the Sunrise Kiwanis Club in the form of a Blue Spruce tree to be planted at Civic Center Park was read by title only. Mr.Swanson moved that the resolution be adopted,seconded by Mr.Shinn,and passed unanimously. RESOLUTION -ACCEPT GIFT -MCC0SH PARK BIG TOY -LADY LIONS /oy£ A letter was read from Cecil Lee,Park and Recreation Director,which presented a resolution accepting $1,000 worth of material to add to the existing wood play structure at McCosh Park from the Lady Lions. The resolution accepting a gift from the Moses Lake Lady Lions in the form of a horizontal ladder and slide addition to the Big Toy Play Equipment at McCosh Park was read by title only. Mr. Edwards moved that the resolution be adopted,seconded by Mr.Ziegler,and passed unanimously. RESOLUTION - ACCEPT GIFT - TELECOMMUNICATIONS EQUIPMENT -LIONS CLUB /oSO A letter was read from Glen Sharp,Police Chief,which presented a resolution accepting a gift from the Lions Club to purchase a telecommunications system to be used in the Central Dispatching portion of the Police Department. Chief Sharp stated that-this equipment is for the benefit of those persons who have impaired hearing or cannot speak.It is now in operation. The resolution accepting a gift from the Lions Club of Moses Lake,in the form of money to purchase a telecommunications system to be used by the Police Department was read by title only. Mr.Shinn moved that the resolution be adopted,seconded by Mr.Johnson,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII. REFERRALS FROM COMMISSIONS None 3215 J ^ CITY COUNCIL MINUTES:4 October 27,1981 VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION APPOINTMENT -PARK &RECREATION ADVISORY COMMISSION \T A letter was read from Robert Hill,Mayor,which requested confirmation of the appointment of Michael S. Love to the Park and Recreation Advisory Commission.He will be replacing Dr.Avery Harrison whose term expired on June 1,1981. Mr.Swanson moved that confirmation be given,seconded by Mr.Johnson,and passed unanimously. APPOINTMENT - BLOCK GRANT -CITIZENS ADVISORY COMMITTEE A letter was read from Robert Hill,Mayor,which requested confirmation of the appointment of Richard Kelly as chairman of the Citizens Advisory Committee of the Community Development Block Grant.He will be replacing Dean Hagerty as Chairman since Mr.Hagerty has resigned. Mr.Shinn moved that confirmation be given,seconded by Mr.Edwards,and passed unanimously. WESTLAKE LIFT STATION -ACCEPT WORK A letter was read from M.G.McLanahan,Asst.Public Works Director,which stated that the lift station,force main,and gravity sewer mains have been constructed for the Westlake Sewer System for Pier 4 and Poplar Sands. Robert Townsend,Public Works Director,stated that the work has been completed except for two minor items and he would recommend that it be conditionally accepted One of the items is a warranty on the motors,pumps, and pump seals and bearings. The standard warranty is for one year from date of acceptance and is to include labor and materials.The contractor had agreed to provide that on October 15 and the city has not yet received that.The city received a standard Cornell pump warranty which is for parts on the pump but the city would have to pay for labor. That was not what was agreed upon.There was also an additional wiring diagram needed under the operations and maintenance manual that was agreed to be sent but has not yet been received.He recommended that it be accepted on the condition that the above two items be taken care of within 30 days. Mr.Johnson would like to see the city accept the work as recommended by Mr. Town- send.Mr.Swanson was also in agreement with this. Mr.Johnson moved that the work be accepted with the condition that a warranty of one year covering parts and labor on the motors,pumps, and pump seals and bearings be received and that the additional wiring diagram be received within the 30 days, seconded by Mr.Swanson. Mr.Ziegler stated that this was discussed with the contractor on October 15 and the information has not been received by the city yet.He stated that since that is part of the contract,the contract has not yet been fulfilled. Mr.Townsend pointed out that the Westlake Lift Station is a private project being done with the understanding that the city would inspect it and see that it is installed in accordance with city standards and then accept it and take over main tenance.He stated that it was the city's opinion that the pumps had been run dry, which proved to be the case.The bearings were leaking but that was repaired by Lee's Pump.The city felt they had been run dry again at a later date but there is no sign of leakage in the seals and it was agreed at the meeting on October 15 that the contractor would warranty it for one year including labor and materials. The motion passed with Mr.Johnson,Mr.Vernier,Mr.Shinn,and Mr. Swanson in favor,and Mr.Edwards,Mr.Hill,and Mr.Ziegler opposed. 3216 CITY COUNCIL MINUTES: 5 October 27,1981 MONTANA LIFT STATION -ACCEPT WORK A letter was read from M.G.McLanahan,Asst.Public Works Director,which recom-'^*3 mended that the work for the water main,lift station,force main and the gravity sewer mains,which were constructed to serve Poplar Sands,be accepted.The con tractor is diligently working on correction items requested by the Public Works Department before acceptance. Robert Townsend,Public Works Director,stated that the contractor has completed all the items except for a few minor items and he felt this project could be condi- | )tionally accepted.He stated that the lift station was to be painted with awater I i repellant paint on the outside.The city felt that the lower half had not been W painted but the contractor claimed it had been.The city requested that it be exposed so that the painting could be verified.In lieu of that,the contractor decided to paint the inside lower portion based on a letter of recommendation from Western Pacific Engineers who were the original engineers on the project.He stated that he had received that letter today and he would ask that the Public Works Department be given time to review the work to make sure it is acceptable. He stated that the 12"RCP culvert was to be installed under the entrance roadway into the condominium project off of Westshore Drive and the city has requested that the ends be exposed.This has not yet been done.Fred Skinner of Western Pacific Engineers has written a letter dated October 22 which recommended that it not be exposed based on a letter from Brian Lessler,the owner of the project.He stated that he would like the ends exposed to verify that it is in place but would accept the letter as verification of the person responsible that it is in place. Mr.Townsend stated that he would like to have time to verify the maintenance manual to be sure it is all there. He stated that the heaters in the telemetering system were too large and were causing an excessive amount of heat.The contractor has reordered them and the city has received verification by invoice from the contractor showing that he has reordered them and they should be here within 4 to 6 days.He recommended that it be accepted on the condition that the above items be taken care of in 30 days. ^j Mr.Shinn moved that the work be accepted with the condition that the following items be completed in 30 days,that the painting of the inside lower portion of the lift station is acceptable to the Public Works Department,that the letter from Fred Skinner stating that the culvert has been installed be accepted as verifica tion that it has been done,the maintenance manual is complete,and new heaters'are received for the telemetering system,seconded by Mr.Swanson,and passed with Mr. Johnson,Mr.Vernier,Mr.Shinn,and Mr.Swanson in favor and Mr.Edwards,Mr. Hill,and Mr.Ziegler opposed. WESTLAKE SHORES -ANNEXATION -CORNING /OS'S A letter was read from Rita Perstac,Community Development Director,which stated that Glen Corning has submitted a letter of intent to begin annexation proceedings for approximately 110.acres of land.These lands are contiguous to the city limits of Moses Lake,located west of Laguna Drive and south of Sage Road in the Westlake Area. Mr.Hill moved that a public hearing be set for November 10,seconded by Mr.Ziegler, and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS LIBRARY Mr.Vernier requested that the library situation be discussed at the meeting on \(November 10, 1981. 3217 CITY COUNCIL MINUTES:6 October 27,1981 X.CITY MANAGER REPORTS AND COMMENTS ISALES TAX\ry Joseph K.Gavinski,City Manager,stated that the city has received the sales tax figures for the July/August period of time and they came in about $8,000 more than the same period last year. COAST TO COAST BUILDING Joseph K.Gavinski,City Manager,stated that at the last Council meeting the Council had agreed to allow Community Action Council to use the building for the storing of vegatables.However,it has since been discovered that such a use is not permitted in that zone.He stated that he had contacted Community Action Council and informed them of the prohibition and they decided not to pursue it further. The regular meeting was recessed at 8:55 p.m. and the Council met in an executive session to discuss labor relations and real estate.The executive session was adjourned at 9:30 p.m. and the regular meeting was reconvened.The regular meeting was adjourned at 9:30 p.m. ATTEST: J/jJ fJJuj uzSCityClerk