1979 06 262861
CITY OF MOSES LAKE
MOSES LAKE,WASHINGTON
CITY COUNCIL MEETING -REGULAR SESSION June 26,1979
POLICE/COUNCIL FACILITY 8 p.m.
Members Present:Barry Ziegler,Steve Shinn,Jim Barney,Eric Skaug,Don Swanson,
Bob Hill,and Kent Jones
The meeting was called to order at 8 p.m.by Mayor Swanson.
Mr.Hill requested that the minutes of the meeting of June 12 be changed as fol-/OJO~
lows:Under the Consent Agenda show that Item 9,City Manager's Employment Agree-,^/j
ment,was deleted;under the public hearing on the Lower Peninsula LID show that F
there was a direct question to Mr.McLanahan pertaining to the Foster Plat on //«r-?
whether or not the Council and the city staff knew of this prior to discussion of
the LID and Mr.McLanahan stated that neither the Council nor the staff was aware
of the development.
Mr.Shinn requested that the minutes show that he abstained from voting on Item 2
on the Consent Agenda,Well 21,as Shinn Irrigation had done work on this project.
Mr.Ziegler moved that the minutes of the meeting of June 12 be approved as amended,
seconded by Mr.Jones,and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL $19,738.44
STREET 3,206.66
ARTERIAL STREET 16.14
URBAN ARTERIAL 1,539.17
FEDERAL SHARED REVENUE 2,490.01
WATER/SEWER 12,181.90
SANITATION 5,288.76
WATER/SEWER CONSTRUCTION 6,739.57
EQUIPMENT RENTAL 7,632.32
FIREMEN'S PENSION 632.85
LID #42 881.73
LID #44 678.20
TOTAL $61,025.75
Mr.Ziegler moved that the bills be approved with the exception of warrant 8440,
which is the warrant to Walker,McGough,seconded by Mr.Shinn,and passed unani
mously.Warrants 8340 to 8468 wfth the exception of 8440 were approved for pay
ment.
I.CITIZEN INPUT
None
II.CONSENT AGENDA
None
III.CONSIDERATION OF BIDS
BANKING SERVICES
//3U
A letter was read from Robert Gazewood,Finance Director,which recommended that
the alternate bid for primary banking services be accepted and that the award be
made to Peoples National Bank at $121 per month.
Mr.Skaug wanted to know the city's average daily balance with People's National
Bank for the past year.Mr.Gazewood stated that it is approximately $24,000 per
day.He stated that the bid from People's for the next three years would require
an average daily balance of $53,000.
Mr.Ziegler moved that the Alternate A bid be awarded to People's National Bank,
seconded by Mr.Skaug,and passed unanimously.
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CITY COUNCI MINUTES:2 June 26,1979
IV.PETITIONS, COMMUNICATIONS, AND PUBLIC HEARINGS
n,J PUBLIC HEARING -ORDINANCE -PLANNED UNIT DEVELOPMENTS -2ND READINGj(P'
The public hearing was opened.
A letter was read from Stan Bech,Community Development Director,which presented
an ordinance regulating Planned Unit Developments in the City of Moses Lake.
There were no comments,so the public response was closed.
Mr.Ziegler moved that the public hearing be closed,seconded by Mr.Hill,and
passed unanimously.
The ordinance amending Title 18 of the Moses Lake City Code entitled Zoning by
deleting Chapter 18.66 and establishing a new chapter 18.66 was read by title only.
Mr.Jones moved that the second reading of the ordinance be adopted,seconded by
Mr.Barney,and passed unanimously.
^PUBLIC HEARING -RESOLUTION -SIX YEAR STREET PROGRAM
The public hearing was opened.
A letter was read from M.G.McLanahan,Acting Public Works Director,which pre
sented a resolution adopting the Six Year Street Program.
There were no comments so the public response was closed.
Mr.Shinn felt neighborhood streets should be addressed in the Six Year Street
Program.He stated this would be a new category and he would like it placed in the
number two position on the program.
Mr.McLanahan stated that this plan is for arterial streets and the streets refer
red to by Mr.Shinn are called off-system streets.Those streets are not fundable
for a lot of programs that the Six Year Street Arterials are.He suggested that if
the Council wishes to include these streets that they be placed under Unspecified
Projects and Collector Streets.
Mr.Shinn requested that Peninsula Drive (Marigold to Wanapum)be included with
Peninsula (Wanapum -Lakeshore).
Mr.Shinn moved that the public hearing be closed,seconded by Mr.Ziegler,and
passed unanimously.
Mr.Shinn moved that the resolution adopting the Six Year Street Construction
Program (1980-1985)as amended,be adopted,seconded by Mr.Ziegler,and passed
unanimously.
tf!t COMMUNICATION -REQUEST FOR ANNEXATION
A letter was read from M.G.McLanahan,Acting Public Works Director,which stated
that Poplar Sands,Ltd,has requested the annexation of over 100 acres of land
adjacent to the north and west boundaries of the Westlake area.
A letter was read from R.E.Prieve,Monek Engineering and Land Surveying,which
stated that Poplar Sands Ltd is requesting the annexation of land conveyed to them
December 29 1978.Poplar Sands is willing to participate in the cost of the plan
ned lake sewer crossing and pump station,providing all of their land is within the
sewer service boundary and they are only asked to pay their share of the sewer
crossing and pump station construction cost.
Mr.McLanahan explained the proposed boundaries of the annexation for the Council.
Mr.Shinn wanted to know if the letter could serve as a petition.Joe Gavinski,
City Attorney,stated that a formal petition or notice of intent for annexation
should be submitted and should be signed by at least 10%of the property owners.
Mr.Zenor stated that it is the opinion of the City Attorney that the Council
cannot act without a notice of intent for annexation signed by at least 10%of the
property owners and therefore,a legal petition would need to be acquired for
presentation to the Council at their next regular meeting.
n
2863
CITY COUNCIL MINUTES:3 June 26,1979
V.ORDINANCES AND RESOLUTIONS
RESOLUTION -SUPPORTING CONSTRUCTION OF NORTHERN TIER PIPELINE y7(
The resolution of the City of Moses Lake supporting the construction of the North
ern Tier Pipeline was read in its entirety.
Mr.Ziegler moved that the resolution be adopted,seconded by Mr.Hill,and passed
unanimously.
ORDINANCE - LOWER PENINSULA LID - 2ND READING
A letter was read from M.G.McLanahan,Acting Public Works Director,which pre
sented an ordinance establishing a sewer facility system for the Lower Peninsula
Area south of Interstate 90.
/3/A
Robert W.Gazewood,Finance Director,explained the interest rates for 10,15,and
20 year bonds on LID's.
There was considerable discussion by the Council on the possibility of extending
the payment plan for a longer period of time than 10 years.The question was
raised of whether or not another reading of the ordinance would be required if the
time period for repayment was amended.
Joe Gavinski,City Attorney,stated that it was his opinion that the ordinance
would have to be brought back before Council again.
Mr.Jones felt that since the additional time for repayment would cost more in
interest,the property owners should be notified.
The ordinance ordering the improvement in the Lower Peninsula Area by constructing
and installing a sanitary sewer system and connecting to existing sewer facilities
at Peninsula Drive and Wanapum Drive in accordance with Resolution No.925 of the
City Council of the City of Moses Lake,Washington;establishing Local Improvement
,District No.43;providing the method of assessment in said district payable by
I mode of "Payment by Bonds";and providing for the issuance for sale of Local
Improvement District warrants redeemable in cash and Local Improvement District
1—*bonds was read by title only.
Mr.Skaug moved that this be considered the first reading of the ordinance and that
it be amended to reflect bond sales for 20 years,and a public hearing be set for
July 10,seconded by Mr.Shinn,and passed with Mr.Ziegler abstaining.
VI.REQUESTS TO CALL FOR BIDS
CARNATION LIFT STATION
A letter was read from M.G.McLanahan,Acting Public Works Director,which re
quested authorization to call for bids for the Carnation Lift Station rehabilita
tion.
Mr.McLanahan went over the project for the Council.He stated that it would cost
in the neighborhood of $20,000 to recondition the station and recommended that a
reimbursement schedule be set up so that those hooking to the lift station would
help pay for the cost of the rehabilitation.
Mr.Shinn moved that staff be authorized to call for bids,seconded by Mr.Jones,
and passed unanimously.
SANITATION CONTRACT
A letter was read from M.G.McLanahan,Acting Public Works Director,which re-/Dj*^
quested that staff be authorized to advertise for bids for a 5-year sanitation
contract.
Mr.McLanahan stated that there are 15 major changes proposed between the old and
new contracts:
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CITY COUNCIL MINUTES:4 June 26,1979
1.The City Council may delete any bid item or a portion thereof
2. Included two residential rates: a 3 can and a 5 can
3.Duplexes will be taken off commercial rate and will be 2 times the residen
tial rate of 3 cans
4. Performance bond on this contract will remain in effect on this contract
four months after the conclusion of the contract in order to cover the lien
period and the 90 day period allowable for claims
5.The liability and property damage limits have been increased to a million
dollars
n
6.Included a paragraph to indemnify the owner from loss
7.The contractor will have to observe all federal,state,and local laws in
administering the contract
8.A competent superintendent with full authority will be required to direct
the operation of the work.
9.A section was included on equal employment opportunity responsibilities
10.A section was included on the assignment of the contract and subletting
11.Holidays are defined
12.The city may claim damages against the packer operating with less than 3%to
1 compaction.
13.The equipment to begin the contract is included.
14.Sections have been added describing payment to the contractor
15.Section added regarding annual adjustment of the bid proposal for each year
Mr.Barney wanted to know if it is required that the contractor have his base of
operations within the city limits.Mr.McLanahan stated that it is required that
he have his office inside the city limits but not necessarily the place where they
parks their trucks and equipment.
Mr.Shinn suggested that the Council go over this proposed contract and bid speci
fications on Thursday,June 28.
Mr.Shinn moved that this be continued until Thursday,June 28 at 8 p.m.in the
City Hall,seconded by Mr.Zieler,and passed unanimously.
.FOSTER ESTATES PRELIMINARY PLAT
A letter was read from Stan Bech,Community Development Director,which presented
the Foster Estates Preliminary Plat located south of 1-90 on the lower Peninsula
and is zoned R-1,Single Family Residential.The plat runs between Lakeshore Drive
and Peninsula Drive and also fronts on Battery Road and Wapato Drive.The plat
contains 74 single family residential lots with a minimum lot size of 9,000 square
feet and is intended to be served by sanitary sewer mains to be constructed as a
part of the LID proposed by the City of Moses Lake.
The Council wanted to know if the developer would be required to improve Battery r
Road and if it would be a half width street.
Mr.Bech stated that Battery Road has been previously dedicated and the developer
is not required to improve it.Mr.McLanahan stated that there has been a change
in legal opinion and the developer would be required to dedicate a 60 foot right-
of-way with full improvement out to Lakeside Drive.
The question of reimbursement for the developer was raised and Mr.McLanahan stated
that the city would have to set up a reimbursement plan such as is done for reim
bursement on water and sewer lines.
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CITY COUNCIL MINUTES: 5 June 26, 1979
Mr.Skaug stated that he would like to have assurance that Battery Road would be
fully improved from Peninsula Drive to Lakeshore Drive.
Mr.McLanahan stated that the south side of Battery Road would be improved with
curbs and sidewalks and the north side with curbs only.The sidewalk would be
constructed when the adjoining property is platted.
Mr.Bech stated that the Planning Commission understood that this was previously
dedicated roadway.He stated that he had contacted the subdivider requesting that
he contact the city concerning an LID for that portion of Battery Road since he
would not be required to fully improve it as it was not dedicated within his plat.
He felt that it should be tabled until the question on Battery Road is resolved.
Mr.Ziegler moved that this be sent back to the Planning Commission for their
review and for clarification of the legal opinion on the improvement of Battery
Road,seconded by Mr.Shinn,and passed unanimously.
RESOLUTION - UTILITY EASEMENT FOR ROADWAY PURPOSES
A letter was read from Stanley Bech,Community Development Director,which stated
that the Planning Commission granted approval of the proposed short plat of one lot
which is a portion of Battery Orchard Tract 41.This proposed plat does not front
on existing city right-of-way but does allow for a 60 foot right-of-way for the
future extension of Lakeside Drive.The subdivider is giving a 60 foot easement to
the city to assure the future extension of Lakeside Drive to the south.
Mr.Shinn questioned the fact that the easement is offset from the proposed future
extension of Lakeside Drive by 30 feet.Mr.Bech stated that prior to the easement
being necessary for improvement there is property directly to the south of Tract 1
that is unplatted which has been surveyed into separate building lots and upon
sudivision or platting they would have to dedicate right-of-way.This right-of-way
would be dedicated in a fashion to direct the right-of-way into the easement.
The resolution accepting an easement to the City of Moses Lake,Washington,for
roadway purposes was read by title only.
Mr.Ziegler moved that the resolution be adopted,seconded by Mr.Barney,and
passed with Mr.Shinn opposed.
VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION
BATTERY ORCHARDS ROAD - RELOCATION AND PROPOSED LID /OVO
A letter was read from M.G.McLanahan,Acting Public Works Director,which stated
that Jessica Longston is proposing an LID for the unimproved portion of Battery
Road from Peninsula Drive southeast to the lake.The city purchased the adjoining
tracts 36 and 37 in the mid-1960's and half of the LID improvement under the origi
nal proposal would be assessed to the city.After review it was decided that the
city would benefit if the road were relocated to serve Ms.Longston's residential
property,the dedicated portion of Battery Road adjacent to the park is vacated
with Ms.Longston receiving the largest square foot amount for residential develop
ment,and the city receiving additional waterfront property for park activities.
Mr.McLanahan stated that in discussing this with the City Manager and the Commun
ity Development Director it was decided that Battery Road essentially served no
purpose and came up with the proposed plan to vacate the street giving most of the
20 feet to Ms.Longston for residential purposes and retaining the lakeshore pro
perty for park purposes.
Mr.Jones stated that he had looked this property over with Mr.McLanahan and felt
that the land exchange would be the most logical thing as it would provide the city
with more lake front property and would also eliminate the city's participation in
an LID.
Mr.Ziegler moved that the concept of this proposed LID and land exchange be
approved,seconded by Mr.Hill,and passed unanimously.
\0
2866
CITY COUNCIL MINUTES:6 June 26,1979
REQUEST FOR LID - FIFTH BETWEEN BLOCK AND FIG
A letter was read from M.G.McLanahan,Acting Public Works Director,which stated
that a petition has been received for the paving of Fifth Avenue from Fig Street to
Block Street.This street would be paved in a contract with the previously ap
proved LID for Fifth and Fig Streets.
Mr.Ziegler moved that permission be granted for staff to bring back a resolution
establishing a preliminary assessment LID hearing for this LID,seconded by Mr.
Jones,and passed unanimously.
^1 REQUEST FOR LID -VISTA VILLAGE SHOPPING CENTER
A letter was read from M.G.McLanahan,Acting Public Works Director,which stated
that contact has been made with the two property owners having property adjacent to
Central Drive north of Valley Road and east of the Vista Village Shopping Center
Subdivision.Jim Cochran has expressed an interest in the street improvement from
Valley Road to his north property line but does not wish to participate in water
and sewer construction until such time as he is prepared to plat or subdivide.At
that time he will be willing to reimburse the Vista Village Shopping Center.The
Catholic Church does not wish to develop their property until such time as they
would have a firm commitment for a specified use.They indicated that they had a
proposal a few months ago for the sale of this property and the proposed developer
is interested in a paved street for this area should his negotiations become suc
cessful.He recommended that the LID include that portion of Central Drive that is
dedicated,the portion that is owned by Mr.Cochran and the portion of Park Street
which is dedicated.
Mr.Jones suggested that the LID be set up for a full width street on Central and
Park plus the water and sewer mains.
Mr.Hill pointed out that right-of-way is not available on sections 2 and 3745.
Mr.Hill moved that the LID be full width on Central and Park,seconded by Mr.
Ziegler.
Mr.McLanahan wanted to know if the Council wished sidewalks on the unplatted
portions or bicycle paths and whether or not the Council wanted to include the
water and sewer on Mr.Amick's portion or on the whole of the LID.
Mr.Barney felt the Council should act only Mr.Amick's request.
Mr.Hill amended his motion to include the installation of water and sewer,sec
onded by Mr.Ziegler.
Mr.Skaug pointed out that Mr.Amick is bonded for the installation of sewer up
Central Drive and he did not feel that it should be a part of the LID.
)i
The motion passed with Mr.Swanson,Mr.Barney,and Mr.Skaug opposed.
ACCEPTANCE OF WORK - CITY HALL REMODEL
A letter was read from Robert Gazewood,Finance Director,which stated that Yager
Diversified has completed the work on the City Hall Remodeling and recommending
that the work be accepted and the 30-day lien period be entered into.
Mr.Hill moved that the work be accepted and the 30-day lien period be entered,
seconded by Mr.Ziegler,and passed unanimously.
£-//APPOINTMENT -PARK AND RECREATION COMMISSION
A letter was read from Don Swanson,Mayor,which requested Council confirmation of
the appointment of Jon P.Anderson to the Park and Recreation Commission for
an additional 5 year term.
2867
CITY COUNCIL MINUTES:7 June 26, 1979
IX.COUNCIL QUESTIONS AND COMMENTS
ALDER AND BROADWAY RAILROAD CROSSINGS
Mr.Shinn stated that he felt action should be taken on the railroad crossings on
Alder and Broadway.He did not feel the City should wait on the railroad to do
something with them.
Mr.Shinn moved that a letter be directed to Milwaukee Railroad requiring them to
fix the railroad crossings,and if not the City of Moses Lake will fix them and
bill them.
R.Douglas Zenor,City Manager,suggested that Council give staff an opportunity to
investigate the most proper method of approaching the railroad on this problem.
Mr.Ziegler seconded the motion pending the report from the City Manager.
X.CITY MANAGER REPORTS AND COMMENTS
AIRPORT BUILDING ORDINANCE ,
R.Douglas Zenor,City Manager,presented an Airport Ordinance which has been
presented to Planning Commission from the Port District.This ordinance is neces
sary in order for the Port to be granted federal funds.The Planning Commission
has forwarded it to City Council for their action.The county has passed a similar
ordinance.Mr.Zenor stated he would put the ordinance on the July 10 meeting
agenda for Council action.
WALKER/MCGOUGH ARCHITECTURAL SERVICES
R.Douglas Zenor,City Manager,stated that the city has negotiated a reduction in
the cost of the interior decorator and there was also a misunderstanding over the
percentage application for the landscaping services.He stated that he could not
find any place an agreement where it sets forth the city will pay in excess of 8%.
He suggested that the city release the remaining funds to Walker/McGough.He
stated that they would be back to work on the air conditioning some more and the
rest of the problems consist of some paint and a leak in the basement.
Mr.Hill moved that warrant 8840 to Walker/McGough be approved for payment,sec
onded by Mr.Skaug,and passed unanimously.
PLUM AND COOLIDGE LID -HOSPITAL PARTICIPATION
/r
R.Douglas Zenor,City Manager,stated that the Hospital District has approved
their participation in the LID on Plum and Coolidge and an easement is being pre
pared for the dedication of all parcels necessary for the intersection of Coolidge
and Plum.
The meeting was adjourned at 11:20 p.m.Session.
ATTEST:
fayof,Donald E.Swanson
//3£>