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1972 03 14COUNCIL MEETING -Regular Session March 14,1972 Council Chambers 8:00 P.M. MEMBERS PRESENT:- -Councilman Robt.E.Hill,W.B.Moe-,Norman W.Johnson,Otto M.Skaug,,J Ernest V.Lindell and Michael Boyle,and Gordon M.Ebbert. Mayor Skaug called the meeting to order.Minutes of the February 22,1972 meeting were approved as written upon a motion by Hill;second by Johnson.Motion carried. REGULAR BILLS TOTAL AMOUNT PAID ,'FUND GENERAL $16,720.85 <STREET 4,810.17 PARK 2,701.46 ^-s LIBRARY 1,157.90 *P URBAN ARTERIAL 16,199.21 5»WATER/SEWER 8,448.46 *y SANITATION 6,988.51 3S v -*'EQUIPMENT RENTAL 6,775.56 £$-.FIREMENS PENSION FUND 13.00 ea Motion'by Lindell that the regular bills be paid.Second by Boyle.Motion carried. Warrant No's 2028 through 2139 in the amount of $63,815.12 were approved for payment. CONSIDERATION OF BIDS -GASOLINE &TIRES A letter was read from Charles Davenport,Finance Director,along with a tabulation of bids submitt ed on March 2,1972 far the supplying of tires and gasoline to the City of Moses Lake and the Moses Lake School District.He concurred with the recommendation of the School District that the bid of Good year Tire Service Store for the supplying of tires,at 25%difference from State ret prices on alltruck and passenger tires and tubes,and that the bid of Standard Oil Company for the supplying of gasoline at .2145 be accepted. Motion by Johnson to accept the low bid concurring with the recommendationofthe School District. Second by Hill.Motion carried. TOWN OF WESTLAKE -RESOLUTION REQUESTING ANNEXATION //J>J*The Town ofWestlake Resolution No. 72-1, dated March 9,1972,was read.The resolution requested '*&annexation ofthe Town ofWestlake by the City of Moses Lake,and that the resolution is transmitted ~~fX^Oto the City Council of theCity of Moses Lake to determine if the annexation will be accepted and if so,t0^9 on what terms. Councilman Hill asked Westlake Councilman Marshall Burress what the GSA's plans are for cleaning up the foundations south of Interstate 90.Marshall Burress commented that when the GSA took overfromtheBureauofReclamationthey assured us,that working in cooperation with the Job Corps that all structures and debris including any trash would be cleaned up. The time-table was October 1st last Fall.They raninto some difficulty with the housemover andtried to get it done as cheapas possi ble.The GSA people assured us it would be cleaned up to our satisfaction. Councilman Ebbert inquired about the $13,376, whether that is the total funds of the town at this time that would be transferable.Charles Davenport explained that is only the individual street fund and are not other funds.The relocation on Westlake Avenue is submitted for clarification.This is a commitment,and that presumably would be a deduction from the $13,376 in the arterial street fund, but would not affect any of the other funds. Councilman Ebbert also inquired about the $52,000 to fix the wells.City Manager Waggener repliedthataccordingtoCityEngineerWeaver's letter, the wells could be repaired for $30,000 and he compar ed that with a lake crossing,and suggested a lake crossing not be considered at this time. Upon inquiryfrom Councilman Hill, City Engineer Weaver commented that he has not heard anything more about the well that belongs to the Bureau of Reclamation. Motion by Ebbert to requestthe City Manager to designa resolution for the proposed adoption of thisproject forour future study, possibly by the next meeting. City Manager Waggenerstated that we canhaveitreadyif thatis the Council's desire.Second by Johnson.Motion carried.Opposed by Hill 1696 /o// &,0 V & Council Minutes:2 March 14,1972 ORDINANCE NO.637 -AMENDING FIRE ZONE BOUNDARIES -(2nd reading) The ordinance was read by title only.Councilman Johnson asked the Assistant Fire Chief Don Garrison whether this ordinance in any way changes our present building code,other than chang ing the zone locations?He replied that it is not adding any more restrictions on buildings,it is establishing boundaries of the fire zones rather than classification. Motion by Johnson to adopt the ordinance.Second by Boyle.Motion carried. \J ORDINANCE ADOPTING THE 1970 EDITION,UNIFORM PLUMBING CODE L\)Aletter was read from Public Works Director,Richard Weaver,statingthat the most significant change is in the fee schedule along with some changes in technical installations.The Plumbing Code is revised every three years,and even if the changes are somewhat minor,we should adopt the latest version.In regards to the fees;we have always operated on a lower fee schedule than the code recommended before. Motion by Ebbert to accept the first reading of the ordinance.Second by Skaug.Motion carried. ORDINANCE -AMENDING TITLE 7 OF MUNICIPAL CODE -"SHOPLIFTING"-(1st reading ''A letter was read from Police Chief Bjork,recommending that the City adopt the ordinance conform ing to the State law so that violations of the shoplifting law can be tried in Police Court.In referring to the State Law,he commented that the only change is the State Law required $1000 maximum fine, and the City's jurisdictional maximum is $500.He also stated the cases at present are being tried in District Court.If the City has an ordinance on shoplifting,the cases can be tried in Police Court. The difference is that any fines levied will be paid directly into the City Treasury,and fines levied by the District Court are paid into the County Treasury.Since most shoplifting occurs within the City,it is only proper to be tried in Police Court. Motion by Boyle that the first reading of this ordinance be accepted.Second by Hill.Councilman Moe asked Chief Bjork as to what does the shoplifting situation amount to as far as number appre hended?Chief Bjork answered that it has been running about two to three a week and also convicted. Motion carried. RESOLUTION NO.553 -AUTHOPIZING ANNEXATION OF MUNICIPAL AIRPORT ft/p o Aletter was read from City ManagerWaggenerstating the Resolution and Ordinance for proposed "annexation of the Moses Lake Municipal Airportare presented for the Council's consideration.It is proposed in accordance with legal authority as specified in the Resolution under RCW 35.13.180. He recommended annexation of the airport property so that we may legally provide police protection and otherwise invoke requirements of all Moses Lake Municipal Codes. Councilman Johnson inquired how much of the area is covered,and City Manager Waggener stated it consisted of 160 acres of the Northeast Quarter of Section 13,Township 19 North,Range 28 East of the Willamette Meridian,and also pointed out that area on the map.With annexation of the area,we can respond legally with City forces,both police and fire department control and building facilities. Our only enforcement now is by provision of our lease.In addition to the airport facilities,the City's dog pound is located at the airport,and we have had some problems and would like our own police department have jurisdiction over it and have better enforcement. Motion by Hill that the Resolution be adopted.Second by Boyle. Motion carried. ORDINANCE -PROVIDING FORANNEXAT ION OF MUNICIPAL AIRPORT - (1st reading) ipXfr The ordinance was read in it's entirety stating the lands described are to be used for municipal air-Y^port purposes bythe Cityof Moses Lake.There are no outstanding taxes orassessments onthe land, and no taxing districts which will be affected by said annexation.Upon passage,the ordinance )shall be filed with the Board of County Commissioners of Grant County,and the annexed real estate is to be zoned,after study,by the Moses Lake Planning Commission. Motion by Hill that the first readingof the ordinancebe accepted.Second by Lindell.Motion carried. U Council Minutes:3 March 14,1972 RESOLUTION NO.554 -ACCEPTING DEED FROM MILWAUKEE RAILROAD -LARSON PLAYFIELD The Resolution was read in its entirety.The area was purchased from the Railroad and consists of a strip of land 100 feet wide for an addition to Larson Playfleld.City Manager Waggener stated the purchase has actually been consummated;we had to move rapidly to secure the deed in order to make application for improvements.This resolution formally accepts the deed. Motion by Johnson to adopt the Resolution.Second by Boyle.Motion carried. AGREEMENT FOR USE OF LAND -SANITARY LAND FILL -DEPARTMENT OF GAME A letter was read from the City Manager stating that the accompanying agreement for use of Game Department land for sanitary land fill purposes has been approved by the State of Washington Depart ment of Game,and is presented for the Council's consideration.This agreement is in accord with a previous agreement by the Game Department and the City which terminated on September 1,1967. Since the termination date the City has operated on the basis of a letter of permit.Revised require ments necessitated relocating the fill site above the water table which necessitated a substantial change in our method of operation.Those changes have now been completed,and the Game Depart ment is willing to enter into a working agreement.He requested authorization for the City Clerk and himself to sign this agreement on behalf of the City. Mayor Skaug inquired if the terms are the same as the previous lease,and City Manager Waggener commented,yes,also still short term notice,and also the original agreement was for 40 acres of land,and this is for 80 acres. Motion by Ebbert to authorize the City Manager to put this lease into working order.Second by Johnson. Councilman Moe asked about the fencing referred to in the agreement,and if this has been done or is going to be done -are we to fence the entire 80 acres?The City Manager stated that we have been complying,probably not to the extent the lease provides,but we are very close to it.We are only fencing the amount we are using.City Engineer Weaver commented that the City has portable fences that we put up during East-West trenching,and also the Boy Scouts have taken on cleaning up the area as a project for the last two years.Motion carried. INSURANCE EXPERIENCE REVIEW - RAY NORMAN Ray Norman,of Rogers &Norman,Inc., the insurance agency carrying insurance coverages for the /0<£y City,stated that the claims this .past year were due to automobile experience claims only.No property loss,or miscellaneous casualty area.Claims have arisen in the past in existing hazard ownership,maintenance and use of premises,the sidewalks,the streets,,but this past year we had not one such claim.The miscellaneous casualty experience credit for last year was 25%and this year it has increased to 30%.Under the auto experience we had a claim on March 12, 1971 which was about the largest claim in several years that we have had for the City of Moses Lake. The auto paid on that ran $557;the injury was $5817 and the collision ran $227.This was a typical rear end collision.The claimant had a back problem at the time, and the settlement subsequently was high on the auto. He thought it very commendable that the City had no property or miscellaneous casualty losses. On the other hand he stated,we are hopeful that the city will return to the excellent automobile experience in the past,because over the years this has been our strong point. He also commented that he understood the City had a Safety Committee that meets every month and they review these accidents.Thinks it is important that we have these meetings so that the indivi dual involved will realize not only to the standpoint of the injury to the public,but what it does to the auto experience rating credit.This is Important. Councilman Ebbert inquired if all of the insurance coverage is the same? Ray Norman stated,Yes,and we have updatedon everything. Alsowe have a plan this year that the City did not have at the very beginning of last year,which is part of a situation that arose out ofthe LEFF Act.The LEFF Act putsthe Police and Firefighters outofthe state industrial compensation, andit makes no provision forescape for employer liability,where the other employees of theCitydonot,because they come under the state industrial insurance act. If there is ever going tobeaclaim,it will be high under employer liability-for police and firemen.This is something theCitycannotcortrolunless the act is changed;and should yoube held negiligent, they can sue. 1698 /<#»/ •Am \<\* Council Minutes:4 March 14, 1972 TRI-COUNTY CITIZENS COUNCIL ON ALCOHOLISM A letter was read from City Manager Waggener stating that information is being submitted for the Council's consideration in evaluating the request of the Tri-County Citizen Council on Alcoholism for funding participation by Moses Lake.Engrossed Senate Bill No. 298,enacted in the closing days of the.1972 legislative session,provides:"In order to be eligible to receive its share of liquor taxes and profits,each city and county shall be required to devote no less than two percent of such share of liquor taxes and profits toward the support of an alcoholism program,such program to be approved by the secretary of the state department of social and health services."Customarily such legislation would stipulate an effective date of January 1 of the following year,so that it could be included in formation of the municipal budget.Such language is not included in Engrossed Senate Bill No.298.He has requested that the Association of Washington Cities give us an interpretation of this material;they in turn have requested an interpretation from the State Attorney Generals office; and suggested the City begin paying 2% of its share of liquor taxes and profits upon such a date as the Attorney Generals Office rules to be correct.The program in which the Council chooses to'parti- cipate is left up to them so long as it is approved by the State Department of Social and Health Services. A letter was also read from the Tri-County Citizens Council on Alcoholism,signed by T. A.Roscher, stating that the Council was established in October of 1971.The three counties involved in this state supported program are Chelan,Douglass,and Grant.The Tri-County Council has two bases of opera tion -one in Wenatchee and the other here in Moses Lake.The state supports the Tri-County Council financially with a grant of $13,500 which pays the director,Mr.Ford,his salary of $12,000.The remaining $1,500 is used for the purchase of educational materials. Accompanying the letter was a Composite Log of Moses Lake Referrals from October 1971 through January 1972. The state asks the Alcoholism and Information Referral Center to share a portion of the financial burden by raising funds for general operating costs of the center,and the Center is asking the City of Moses Lake for $2500 support,since it is their understanding the City of Moses Lake received revenue in excess of $97,000 in liquor sales.This financial support would be used in the City of Moses Lake only. City Manager stated that perhaps the effective date would be July 1,1972,and pay it on the 2%, then the payment is fixed - a percentage just as we pay a fixed millage for the Regional Library. Or it can be set at a higher percentage and pay it as we receive monies;this is to be determined by the City Council. Councilman Ebbert inquired regarding a Tri-County deal,how they distribute the funds.Ted Roscher stated they are regulated by law that that money would stay here in Moses Lake. Councilman Hill asked the City Manager if this required a resolution or an ordinance;and he replied that this has not yet been discussed with the City Attorney,but thought perhaps just an ordinance,~ and require a new element in the Budget and deduct it from the quarterly liquor profits when paid. Mayor Skaug inquired if this program is being initiated in other comties,because referred to this as a pilot program,and Mr.Ford stated that it is not state-wide as yet.It is in Spokane,Walla Wall,the Okanogan and throughout the coastal area.There are at present 28 referral centers in operation.The state will support the fund on a matching program.The state would cause a contract to be in effect with the organization in charge of that area. Mayor Skaug asked Mr.Ford —do you still enjoy the state's blessing as far as the Department of Social and Health Department;would this preclude other organizations coming in to enjoy? Mr.Ford stated that it has been organized primarily on the coast,and the state is interested in getting this program started elsewhere as well,and he doesn't see anyone else getting the blessing of the Social and Health Department. City Manager Waggener commented that in looking at the budget presented - $2500 is an inordinately high share on 2% -as the state prescribes 2%of liquor profits.Ted Roscher stated that out of the $2500 there is $1600 for literature costs and the $900 would be one-quarter of the total amount,so that $900 is actually Moses Lake's share over and above the literature share.We had no idea it was so extensive when we started this program. Motion by Hill that the City Manager draft an ordinance paying 2%of the City of Moses Lake's share of liquor profits,when received,to the Tri-County Citizens Council on Alcoholism and submit it on the effective date set by the Attorney Generals Office.Second by Johnson.Motion carried. LJ Council Minutes:5 March 14,1972 APPOINTMENT TO GRANT COUNTY AIR POLLUTION CONTROL AUTHORITY A letter was read from Mayor Skaug requesting the City Council confirm his appointment of Michael Boyle as a representative of the City of Moses Lake to the Grant County Air-Pollution Control Authority Committee,and also submitted a copy of the minutes of the city selection committee,which convened February 29,1972.Motion by Skaug for its confirmation.Second by Hill.Motion carried. REQUEST TO CALL FOR BIDS -WELL AT CASCADE PARK A letter was read from Richard L.Weaver,Public Works Director,stating that he was submitting for action plans and specifications for the Phase II contract on the Cascade Park Project.Phase II consists of digging and testing a well to provide fresh water for the swimming area,and requested Council approval of the plans and specifications and permission to advertise for bids. The plans propose a 24-foot deep dug well;this installation would be cheaper than for the Park Department pay a high monthly water bill for water;this way will probably consist only of a power bill.The plans show the well to go in about 250 feet back from the Lake and to be 6-feet in diameter,using pretested manhole rings.Also a test hole has been done by the Engineering Depart ment. Motion by Johnson to approve the plans and specifications and grant the request to call for bids. Motion carried. REQUEST TO CALL FOR BIDS -:GRAPE DRIVE I~Richard Weaver,Public Works Director,pres .nted the plans and specifications for Phase I ofthe /U'7 2?*Grape DriveProject. This first contract will be forgrading,installation of storm sewers,curbs^and gutters,and requested approval of the plans and specifications by the Council and permission EG to advertise for bids. O Tne plans are designed for this section with a 12-footmedian,landscaping that space for future utilities.This design will not cost more because of savings in the storm sewer;compared to the method as Fifth Avenue,the cost will be about the same.Redford Engineers have completed the plans,and the City Engineer considers them to be very good.He also called the Council's atten tion that the intersection at Valley Road and Grape Drive will be lowered about 2 feet for better 'visibility. Motion by Johnson to approve the plans and specifications and grant the request to call for bids. Second by Hill.Motion carried. REQUEST TO CALL FOR BIDS -LIQUID CHLORINE A letter was read from Charles Davenport,Finance Director,requesting authority to publish a call for bids on the City's requirement of liquid chlorine for the fiscal period May 1,1972 through April 30,1972.The total cost of chlorine for the past year exceeded the $2,000 limitation imposed by State Statutes.If the request is granted,the awarding of the bids would be at the first meeting in April. Motion by Boyle that the request be granted.Second by Lindell.Motion carried. MONROE STREET SEWER EXTENSION -ACCEPT FOR MAINTENANCE A letter was read from Richard L.Weaver,Public Works Director and City Engineer,stating that approximately 360 feet of 8"concrete sewer pipe and 2 manholes have been installed,inspected and approved along Monroe Street beginning at Nelson Road and running south.It has been request ed that the City accept this line and assume maintenance of the new main.The City Engineer ex-) plained there are two duplexes on the south side of the street and they installed the sewer line.j Motion by Johnson that the City accept the line and assume maintenance.Second by Ebbert.!Motion carried.j LARSON PLAYFIELD -IAC DEVELO PMENT GRANT -}Aletter was read from the Interagency Committee for Outdoor Recreation informing the City that ///a \they have approved for funding assistance $18,975 for Larson Playfielddevelopment, with the City \ share to be $6,325,making a total project cost of $25,300.The letter refers to acquisition and \ construction,but acquisition is not applicable,so it is only a construction grant.This was sub-! mitted to the Council for informational purposes. ****************************I Mayor Skaug announced an open meeting Study Session is scheduled for the Council,Tuesday,March 21, 1972 at 8:00 P.M.regarding licensing of amusement devices. Meeting adjourned at 10:10 P.M. MAYOR,Otto*M.Skaug im //// /OOO /Jb&