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1972 05 23X727 COUNCIL MEETING -Regular Session May 23,1972 Council Chambers 8:00 P.M. Members present:Councilman Robt. E.Hill,Norman W.Johnson,Gordon M.Ebbert,Otto M.Skaug, and Michael Boyle.Councilman Ernest V.Lindell and W.B.Moe were absent. ~"Mayor Skaug called the meeting to order.The Rev.Roy Hutchison of the First Church of God gave the invocation. ,j Mayor Skaug called for approval ofthe minutes d the previous meeting of May 9,1972.Councilman Hill stated that Councilman Moe made a comment that he did not see in the minutes,regarding the request by the Jaycees to barricade the streets in order to collect for tickets from those attending the boat races to be teld May 13 and 14th.Motion by Hill that Mr.Moe's comments be included in the minutes.Second by Johnson.Motion carried."Councilman Moe to Cliff Alexander of the Jaycees - For a point of interest, what is your reason - for the purpose of selling tickets to the races?I don't think we can barricade any street.The taxpayers have the right to travel on them any time of day or night."' Motion by Hill,the minutes as corrected be accepted.Second by Boyle. Motion carried. REGULAR BILLS TOTALAMOUNT PAID FUND fc GENERAL $4,977.69 ,-ys STREET 5,183.39.£•PARK 3,130.87 *£LIBRARY 280.862URBANARTERIAL399.59OWATER/SEWER 3,790.57 SANITATION 7,048.69 EQUIPMENT RENTAL 8 29.02 Motion by Boyle that the regular bills be paid.Second by Johnson.Motion carried. Warrant No's 2463 through 2548 in the amount of $25,640.68 were approved for payment. AWARD OF CERTIFICATES -POLICE DEPARTMENT U JO/ACertificatesofcompletionoftrainingfromBigBendCommunityCollegeforcompletionof 30 hours of instruction in elements of teaching vocational and technical subjects,were presented by Mayor Skaug -; to Police Chief Bjork, Patrolman MoNabb,Sgt.Sharp,Sgt.Inks,Sgt. Baker and Sgt.Palmer. Allcompletedthe course with an "A"grade.This courseis a basic requirement ofthe Washington Law Enforce ment Officers Training Commission for police instructors.Mayor Skaug congratulated each one for their interest and devotion to improve their particular capacity of law enforcement work. CONSIDERATION OF BIDS -GRAPE DRIVE -PHASE I Aletter was read from Richard L.Weaver,City Engineer,stating that bids were opened for the project /O/j on May 17,1972 at 2:00 P.M. and submitted a summary of the bids.Thecomplete summary was read, with Emil Gostovich from Sunnyside,Washington submitting the low bid of $168,180.50 for Alternate "A", and $171,484.00 for Alternate "B". Included in the summary was a bid from Nelson Construction Company of Ferndale, Washingtonwhich arrived late.The late bid was opened because it was postmarkedon the day preceding the bid opening.Mayor Skaug asked - did you leave an avenue here that it could be considered? City ManagerWaggener stated that was our intent,as it happened it was not low anyway. Upon inquiry by Councilman Hill, City Engineer Weaver stated that Alternate "A"was installation of concrete sewer pipe, and Alternate "B"was for installation of aluminum sewer pipe.After checking with the bonding company, he recommended accepting the Alternate "A" bid submitted by EmilGostovich. Mayor Skaug asked if all the subcontractors had filed yet,and Rich Weaver stated,that.actually the subcontractors do not need to file,but they have on the Gostovich submittal.The grading contract or is Leland Hyatt from Toppenish, and he has two possible curb contractorj,Valley Cementfrom Auburn and Haley Picard of Pacific,Wn.Both contractors have the equipment to do the job. The bonding companywill go one million plus coverage for Gostovich.He will bond the whole job. CouncilmanJohnson asked -isn't this one we had so many problems with on FifthAvenue.Weren't they rather slow? City Engineer Weaver said,- we had a personality problem, and he did finish late.Gostovich and his grading contractor was in today and I informed them of the short construction time.I indicated to him at that time that if he does not finish on time, we will enforce the penalty — 90 days is the time schedule. Motion by Hill to accept the lowbid of Emil Gostovich,Alternate "A".Second by Boyle. Mayor Skaug to City Manager Waggener — Just fora pointof Information,what is our position onrefusinglowbidandgoingelsewhere? City Manager Waggener stated that the Council has the righttogoto the next bidder,butwould have to have good reason for doing so, suchas after checking with thebondingcompanyandfoundhis inabilityto be bonded,andin checking further that he did not perform adequately and'feel he could not perform on this job. me Council Minutes:2 May 23,1972 A\- Councilman Hill stated that he believed the work on Fifth Avenue was satisfactory,only he was late. City Manager Waggener stated that Mr.Gostovich has performed adequately in other areas and there has never been any question raised on other jobs that he has bid on. The question was called -Motion carried unanimously. PROPOSED LID NO.26 -PUBLIC HEARING Mayor Skaug declared the public hearing open to those attending the hearing,and asked Rich Weaver, City Engineer,for a summary of the proposed LID.He stated the LID is for improving the alley between Beech and Ash Streets running from Fourth and Fifth Avenues next to the Eastern Washington State Bank, by constructing and installing storm drainage,asphalt concrete pavement and driveways.Construction - assessments have been mailed to the various property owners and 75%are in concurrence with the LID. Those in attendance were given opportunity to make a presentation to the Council.There were no comments forthcoming,therefore,Hill moved that the public hearing be closed regarding discussion by those attending.Second by Johnson.Motion carried.Mayor Skaug asked if any written protests had been submitted,and there were none.Motion by Boyle that the public hearing be closed.Second by Hill.Motion carried. City Manager Waggener stated that an ordinance will reed to be drafted for the establishment of the LID.Motion by Johnson that the City Manager draft an ordinance to be presented to the Council at the next meeting.Second by Boyle.Motion carried. ORDINANCE NO.644 -AMENDING BUDGET FOR EMERGENCY EMPLOYMENT ACT POSITIONS (2nd reading), The ordinance was read by title only.Motion by Skaug to pass the ordinance.Second by Hill.Motion carried. /o/o 10 rfD 1° RESOLUTION NO.572 -ACCEPTING DEED TO LOT 10.BLOCK 4.LARSON PLAT (GRAPE DRIVE PROTECT). A letter was read from City Engineer Weaver,stating this lot was purchased as part of the Grape Drive project because backfill would have made the lot nearly worthless.The property was purchased.to use as a waste disposal area during construction,and then regrade it. Resolution No.572 was read by title only accepting conveyance of real estate to the City of Moses Lake from Basin Homes,Inc. Motion by Boyle to adopt the resolution.Second by Johnson. Councilman Hill asked what the lot cost,and was that amount included in our cost of Grape Drive? City Engineer Weaver said the lot was purchased for $1000,the agreed estimate,and it was included in the cost of the project. Motion carried unanimously. PROPOSED L.I.D.NO.27 -KNOLLS VISTA DRIVEt•'•'.i.• •* A letter was read from City Engineer Weaver,stating that forwarded for Council consideration is a petition for grading,gravelling,constructing and installing storm drainage,curbs,sidewalks and asphalt concrete pavement on Knolls Vista Drive from Ridge Road to Pine Street,and Pine Street from Knolls Vista Drive to Northshore Drive.* The School District and the City of Moses Lake own fifty percent of the property abutting this proposed LID,and where both municipal corporations wish to remain neutral concerning the establishment of Local Improvement Districts,the home owners on the south side of the street would be the determining factor in petitioning for an LID.About 10 property owners are involved,and approximately 7 have signed the petition for the LID.He also commented that the real question in his mind is that the Council agree with him that the people living on that side of the street are the determining factor in the petition,and we are talking about 60%of the street,and on that basis the City arid the School District will have to pay it's share. He recommended the Council pass the resolution and establish June 27,1972 as the date for a public hearing. Motion by Johnson that the resolution be adopted.Second by Ebbert.Motion carried. GARDEN HEIGHTS -PLAT BOND A letter was read from E.J.Ebel of Ebel Realty,stating he has had considerable correspondence and conversation with the City through their attorney,regarding the Garden Heights sewer installation.In this respect,they would like to discuss the situation with the City Council. A letter was read from Public Works Director Weaver,stating that the development of the Garden Heights Second Addition and its associated utilities and subsequent Local Improvement Districts proceeded in the following manner:1.)In 1956 the plat was accepted as final by the City.At that time utilities were in stalled on a portion of the plat and a bond was accepted for the remainder of the utility installation. 2.)In 1962 the owners of the adjacent properties requested a Local Improvement District for the paving of street and installation of curb,gutter and sidewalks.At that time water and sewer.lines were installed in the paved areas only.The City now owns lots 1 through 8,11 and 12,and 17 through 31 of the Garden Heights Second Addition because no payments were ever made on the L.I.D.3;)The City was required I Council Minutes:3 May 23,1972 to lien the title on these properties and pay all assessment out of the L.I.D.Guarantee Fund. 4.)The taxes and assessment are now outstanding.In an attempt to recoup the losses to the L.I.D. Guarantee Fund,which are guaranteed by general tax revenues of the City,the City Engineer requested that the platter install the remaining utilities so that the lots would be marketable. He further stated that the situation is unique in that there are two separate cases involved;1.)The v—/original platter has a responsibility to theCity to install utilities.'2.)Owners whodid not pay their assessments required the City of Moses Lake to pay them out of the L.I.D.Guarantee Fund.The ,persons who did the original platting,and are now refusing to install utilities,are also the persons who requested the L.I.D.and refused to make any payments after the Local Improvement District was completed. •His recommendation is that the utilitiesbe installed so that the City may liquidate these lots in order to repay,the L.I.D.Guarantee Fund.In his opinion the City's primary interest in this case is to reimburse the L.I.D.Guarantee Fund so that all the citizens of Moses Lake will not be required to pay for the improvements installed in the Local Improvement District. Ralph KenJrson,Attorney,was present representing E.J.Ebel,and presented a color-coded map to give the Council an idea what occurred here and what the problem is,which he stated has been going on for some period of time.He commented that the City Engineer outlined some of the problems,but not all of O '~them.The City is asking the Garden Heights platter to extend the line down to Division Avenue.There £>«"*are two arguments:Hull Street was a plat called the Hull-Fairbanks Plat,and lots along Division sold QQ *off and later asked the City to vacate the plat,which the city did.This is important to Mr. Ebel and toM£^Mrs. Shadduck. Hewas allowed to vacate the plat and the sewer line was never put in. The second point 'is that wehave discussed this trying to get this matter resolved.As you can see most of the property has come back to the City,basically since 1967.My clients have never received their original investment back and are now being asked to install this sewer line over to Division Avenue,and they have no interest in the area.Approximately 28 lots have gone to the city and the city put up some of the lots for sale in 1970.I think that the platting bond is $7500,and the street bond is smaller,around $800.The street improvement for 9th Avenue amounts to $300 or $400,and that is basically our position. Mayor Skaug asked if 9th Avenue is still a dedicated Street?City Manager Waggener stated that 9th Avenue has never been platted. City Attorney Calbom -This area from 9th Street on down,I understand this is not installed at the present time?Was the platting requirement to take the sewer line clear down to Division? City Engineer Weaver stated,-yes,it was. Councilman Hill inquired -why wasn't it done at the time?City Engineer Weaver stated,we have an alternative that allows us to accept a bond in lieu of installation of utilities,and the bond was posted rather than install the utilities,and accepted by the City Council. Kenison -The utilities were installed in part of it so that the street would not have to be torn up. Calbom -So what we are talkng about is from Balsam on down to Division?Is there a possible guide the platters have to put in all of this or part of this? Kenison -It was Mr.Ebel's feelings to bring it to Council and ask for relief.The City has owned this since 1967,so it is an older problem. Waggener -Council will probably recall that on oursale of delinquent property,we sold a few lots and thought we were OK for installation of sewer on this bond.We have recalled the remaining lots from sale; they are not marketable without sewer.The appraisal of the lots ranged from $1300 to $2000. Kenison -If the City maintained that price,they would have enough to pay for the sewer line and repay the LID Guarantee Fund.I believe the LID on No.2 was $26,000. t Calbom - I know the City is not particularly interested in being in the real estate business.The City owns these lots and the lots are not marketable unless there are sewer facilities.I would have to check out the legality,but there are possibilities that the platter put this line in and assume by paying back the LID assessments and acquire title to the lots. Kenison - One of the problems of assuming,would be the penalty and interest which sums up so periodically, Calbom -Probably they are paid off now and the interest has ceased on them. Waggener -In the early days of LID there was a heavy penalty procedure and now it is a simple 6% interest,and the 10%per year penalty does not exist any more. Kenison -We feel,as far as the Hull-Fairbanks plat -under any circumstances,it should not be required to include that portion which was released by the City. Calbom - I think that the obligation of the platter was to bring this down to Division,and for what reas on at that time,I don't know.So far as my offer anyway,to resolve this would be whichever would be help ful to Ebel and the City,is what we are interested in. © ,1729 1730 • . Council Minutes:4 May 23,1972 tf Ed Ebel -It was remarked that the least desirable property was taken overy by the City.If you recall,we sold 6 or 7 lots after the LID was put in,and because of the economy,it went back to the City. Calbom -We have the requirement for the platter which was never complied with and the LID property taken back and never required the p&tter to put in utilities.There might be a possibility of the platter re acquiring title,putting in the utilities,or else not even putting them in and acquiring title by paying the LIDs.That might be a possibility of resolving it. Mayor Skaug - I think a further perusal of all these various options and possibilities should be explored and take this under advisement and have some meetings and perhaps speak of these things and resubmit it. Motion by Hill to re-evaluate this particular problem and suggest that the City Attorney,City Manager, City Engineer,Mr.Kenison and Mr.Ebel meet to resolve this.Second by Johnson.Motion carried. RELEASE OF BOND -ST.MARTIN'S ADDITION A letter was read from Public Works Director Richard L.Weaver,stating that grading and gravelling of Madison Street,covered by bond,has been completed,and recommended that the City accept maintenance for the improvement,and release the $500 bond. Motion by Johnson to accept the recommendation.Second by Boyle.Motion carried. A.W.C.CONFERENCE -VOTING DELEGATES/ Mayor Skaug reminded the Council of the Association of Washington Cities Annual Conference to be held in Seattle,from June 13-16,1972.Three voting delegates are reeded.Councilman Ebbert and' Mayor Skaug stated they would attend as voting delegates.Possibly Councilman Johnson and Moe will also attend. Mayor Skaug noted that the next Council meeting is scheduled for June 13,and since the AWC Conference is commencing that day,he moved to change the Council meeting to June 6,to replace the meeting of June 13.Second by Johnson.Motion carried. \^REQUEST FOR BENEFIT MUSIC CONCERT IN McCOSH PARK A letter was read from Nickolas J.Manning of the musical band "The Basin Playboys",stating that he has been appointed chairman of a group which would like to use the facilities of McCosh Park for 3 free music concert on June 10,1972.The purpose of this concert is to raise funds for the Kellogg,Idaho miner's families in their time of need.There will be four bands that would like to play from 11:00 A.M.to 7:00 P.M. Two of the bands are "Ken Rundle and the Basin Drifters"and "Jim Kinder's Basin Playboys".They will be playing strictly for donations which will be sent to the families. Mr.Manning was present and commented that if the need allows they would possibly get a lawyer to take care of the money for them and send it to Kellogg and contact another lawyer in Kellogg so the money would go to the families.The desired area in the park would be near the Tennis Courts and all the parking area available for the crowd,because there might be some dancing. City Attorney Calbom suggested that one of the Banks would probably be glad to assume the responsibility of the money. Councilman Boyle inquired if this is part of a general thing in the State of Washington,and Mr.Manning stated,no,it is local,all of the bands got together and decided to donate their services for this cause. It was part of a concerned effort to do something for the families in need in this disaster. Councilman Hill inquired if the band had any insurance,such as liability;believed it would be a necessity. Mr.Maning stated,no,none that he knew of. City Manager Waggener commented that this is an area where we really do not have a policy,but as far as • legal obligation,it would be quite similar to the swim team;they do have insurance.For any group to use city facilities,to save the city harmless,would be a normal step. Park &Recreation Director,Bill Skeels,stated he thinks the basics is a determining policy;we have never had a request similar,although possibly a recognized organization needs to sponsor this type of function. Mayor Skaug - A recognized group would have insurance,and convey confidence for the effort. After considerable discussion regarding liability insurance and responsible bonding for cleaning up the area, it was the consensus of the Council that the bands avail themselves of a sponsor for this function. Motion by Skaug that any action on this particular request be delayed until such time they get a sponsoring agency,and resubmit the request at the next meeting of June 6,at which time we would be able to further evaluate the particular request .Second by Johnson.Motion carried. Meeting adjourned at 9:25 P.M. Mayor,OLto M.Sk§)ug City Clerk,Charles^fiavenport n