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1973 11 271896 v CITY COUNCIL MEETING -Regular Session November 27,1973 Council Chambers -City Hall 8:00 P.M. Members Present -Councilman W.B.Moe,Norman W.Johnson,Gordon Ebbert,Don Swanson and Michael Boyle.Bob Hill was not present. Mayor Otto Skaug called the meeting to order and called for approval of the minutes of the previous Council meeting of November 13, 1973.Motion by Johnson that the minutes be approved as written.Second by Boyle. Motion carried. REGULAR BILLS TOTAL AMOUNT PAID GENERAL $25,464.62 STREET 2,065.43 ARTERIAL STREET 510.73 -FEDERAL REVENUE SHARING 6,946.01 URBAN ARTERIAL 898.41 WATER/SEWER 7,687.20 EQUIPMENT RENTAL 1,539.12 L.I.D.#27 1,900.80 Motion by Boyle that the regular bills be approved for payment.Second by Moe.Motion carried. Warrant No's 5510 through 5580 in the ai.iount of $47,012.32 were approved for payment. ORDINANCE NO.681-REPEALING CITY CODE,"SALE OF UNCLAIMED PROPERTY"(2nd reading).,^,-y A letter was read from Police Chief Wayne Baker stating that the 1973 legislature passed House Bill No.160 governing personal property in possession of Police Departments and specifying the method of which it may be disposed.The State law allows disposal of items,other than fire arms,after 60 days,and the City of Moses Lake Code requires holding items one year before selling unclaimed property. The ordinance was read in it's entirety.Motion by Johnson to adopt the ordinance repealing Chapter 2.12 of the City Code.Second by Ebbert.Motion carried. RESOLUTION NO.649 -ESTABLISHING FINAL HEARING DATE - L.I.D.No.28 //-1J2/0 The resolution was read setting January 8,1974 at 8:00 P.M.as the Fublic Hearing date for the final assessment roll for LID No.28 for construction of en alley between Division and Alder,from 4th Avenue to 5th Avenue. Motion by Moe to adopt the resolution setting the date for a public hearing on January 8,1974 at 8:00 P.M. Second by Boyle.Motion carried. RESOLUTION NO.650 -ESTABLISHING PUBLIC HEARING DATE -VACATION OF MERIDIAN STREET /0eP7 A letter was read from Public Works Director Rich Weaver stating that Knolls Vista 3rd Addition dedicates Meridian Avenue 60 feet wide from Central Drive to Knolls Vista Drive.This public right of way has not been vacated even though it has been treated as such.He recommended that Council pass Resolution No.650 establishing January 22,1974 at 8:00 P.M.as the date and time for a public hearing regarding vacation of Meridian Drive.\ Resolution No.650 was read in its entirety.Rich Weaver pointed out the street location on a map showing it in lawn running directly through the Knolls Vista school playground and the City Park area and is proposed in the exchange of school property and city owned property.The Knolls Vista School playground is land officially owned by the city and the land used for city park is school property,therefore,the exchange is required,and also the vacation of a portion of Meridian Avenue. Motion by Johnson to adopt Resolution No.650 setting January 22,1974 at 8:00 P.M.as the date and time for a public hearing regarding vacation of portion of Meridian Avenue.Second by Swanson.Motion carried. RESOLUTION NO.651 -ESTABLISHING "PETTY CASH FUND".^ The resolution was read in its entirety providing for a petty cash revolving fund for the purpose of making advances for miscellaneous petty expenditures to officers and employees of the City and attend local meet ings required by the City of Moses Lake.The fund eliminates the employee paying and a delay of two weeks before being reimbursed by purchase order. Motion by Moe to adopt Resolution No.651 establishing a petty cash revolving fund.Second by Boyle. Motion carried. ELKS BUILDING DEMOLITION A letter was read from Public Works Director,Rich Weaver,listing events as occurrred in the demolition proceedings against the Elks Building located at 814 Stratford Road.A complaint was filed with the County Auditor on Jnly 12,1972,declaring the structure to be a public nuisance and eyesore.A public hearing was held on July 31, 1972 and the lodge was given 90 days to either reconstruct or demolish the structure.An Tf £-i•if-' 1897 ^V City Council Minutes:2 November 27,1973 extension of 120 days was approved per telephone conversation in December,1972.An additional 90 days was granted on August 13,1973 for the purpose of selling this-property.During the time the-extension period expired and a new extension time was granted,Mr.Pinky Middlebrooks asked for additional extensions because of interested buyers. A letter was read from B.I.Middlebrooks,Exalted Ruler,Elks Lodge,stating that in accordance with instruc tions from the City Building Inspector all future requests for delay in demolition of the Elks Building must be approved by the City Council.Bob Kimball,Building Inspector,had advised him that the August 19,1973 ex tension had expired,therefore,he is requesting a 120 day extension be approved by City Council.Dave Jones Realty has received an offer on the property and the Elks have accepted the offer.There were several contingen cies attached tothe offer and the Purchaser was given 90 days plus to clear contingencies.That is the Elks' reason for requesting the additional time. Bill Moe inquired as to how many extensions are normally a set rule.City Manager Chet Waggener stated the City Staff felt that we have a procedure to establish in demolition of dangerous buildings and in continuing extensions.We are not in violation of that procedure and at this point felt a policy statement was needed from the City Council. Norm Johnson stated that if they do have a buyer,- -perhaps we should extend this to 120 days.He made the motion accordingly -to extend the 120 days and grant it with the stipulation that this would conclude extensions.Second by Swanson. A representative from Dave Jones Realty stated they have a very firm commitment for the building and the contingencies are very restrictive and hope to fall in place within .90 days,if not,the purchaser is subject to an additional assessment over the 90 days over their offer. Norm Johnson inquired if the City grants the extension would not the Elks Lodge then be liable rather than the City,since we are granting the extension?The CJly Manager stated -the City required fencing and they are doing a good job in maintaining that since,and they are doing an adequate job of keeping the children out.He felt the city continues sharing some responsibility. Norm Johnson amended his motion to include the staiting date of the 120 days extension as of November 19, 1973 and with no further extensions thereafter.Don fwanson,the second,concurred.Motion carried.. MUNICIPAL AIRPORT -OFFER TO PURCHASE SURPLUS PROPERTY A letter was read from Wm.Duncan stating that in summarizing conversations over the last few months, he offered the following proposal."We will move the air easement you now have,to the Soutli,and flatten the glide slope as discussed with some of your personnel.The easement you now have over our farm unit is not adequate for the airplanes using the airport.We will do this in exchange for the surplus land you have on the West side of the Airport;plus we will pay you ten thousand dollars ($10,000.00)for a deed to same.We feel we are in a position to improve the area and also pay taxes on it.We sincerely hope this meets with your approval.Respectfully,signed Wm. N.Duncan,Box 582,Mos-.3 Lake,Wash." A letter was read from Public Works Director Rich Weaver,stating that Mr.Duncan has made a proposal to the City Council concerning two somewhat related but separate items concerning property at the Municipal £2 Airport. These two items are: 1. Airrights over Mr.Duncan's property.-O 2. A proposal by Mr.Duncan to purchase approximately 100 acres of land *-y*now dedicated to use with the Municipal Airport.£T He emphasized that these items are somewhat related because they involve the airport, butthat they are ^ in fact two separate items for consideration and should be treated as such.When the City of Moses Lake CP began operation of an airport,air rights were purchased over Mr.Duncan's property.These air rights pre scribe a glide path for descending and ascending aircraft using our one runway.The general aviation air craft using the airport consistantly maintain proper elevation in this glide path and are not in violation of Mr.Duncan's air rights.Aero spray applicators departing the field with a full load on a hot summer day, in most cases,cannot climb out on this path.Also the PUD erected a high voltage power line approximately ; two feet below this glide path along Wheeler Road,and this requires aero sprayers to turn out to the east or the west after leaving the runway and some pilots turn,and pass over Mr.Duncan's house.After discussing this problem with the pilots believe the practice has been discontinued. The City has never developed the total airport property because of a problem with water.Until the second Bacon Syphon is installed water is not available on the Columbia Basin Project for development of this land. Drilling a well and developing the property has been considered,but assumed that our water problem-would not allow this kind of development.Findings by our consultants and the Department of Ecology have removed this question and it now appears possible to develop a well and provide irrigation water for the 100 acres of unused airport land. Considering the above,the Public Works Director submitted the following alternatives for the Council's consideration: Alternative I -Develop 100 acres farm land at a total capital cost of $57,000 including well,manifold and leveling and wheel lines.Total overage annual cost,including 6%interest and amortization for 20 years,and annual operationsand maintenance =$5,800.Total Annual Income from Rental =$6500.Return on Investment =.12%. 1898 City Council Minutes:3 November 27,1973 Alternative II -Sell the property to Mr.Duncan. A. Air rights N/A B.Land .$10,000 C.Annual income value @ 8%for 20 years *•—'from sale of revenues .1,250 Alternative III -Do nothing Presently land of this1 type for sale as a - 100 acre farm is valued at about $250 per acre.It's value in 5 acre plats is around $500 per acre.This property will appreciate in value if it is held. Annual cost of taxes foregone to the City $25,000 x .0085 =212.00 1.The Public Works Director recommendsthat the City Council not accept Mr.Duncan's proposal..However,if the City Council should decide to sell the property,the final zoning of the land should be specified since this will to a great extent set the land's vak'e.Secondly,he believes the Council is bound by State Law to . follow a specified procedure in selling this land. 2. Thatthe City Council proceed with the devebpment of the 100 acres as a fanning unit. 'He recommended that the city proceed with farming operation because it will leave the City free to develop or sell this property in conjunction with development of property around it and by so doing encourage development in a coordinated and planned manner and it will make the airport a self-supporting operation. City Manager Chet Waggener stated that another Alternative could be considered,thatof leasing the property and provide that the lessee could develop the water system themselves and allow more flexibility for develop ment at a future date.Iii preliminary discussions with Mr.Duncan,his emphasis is buying,he would not consider leasing. Gordon Ebbert commented that he is in favor of the city maintaining control of this area,but what happens to our air rights over Mr.Duncan's property?He ties it in with the sale.Chet Waggener replied that he felt those are two different issues.Disposal or use of our property should be considered as one issue and -—'the air rights problem,if there is such a problem ovv Bill Duncan's property,is another issue.If it is determined that we have a serious problem regarding air rights over his property,then I think we should purchase those air rights directly from him,and should not be contingent upon exchange of property. As a municipal corporation,we can secure the additional air rights if they are important to us,by way of purchasing additional property,and if unable to negotiate for purchase,possibly enter into condemnation proceedings. Don Swanson made a motion to table this until the next Council meeting and have the City Council look over the property out there and see just what accesses we have,what type of land we are talking about,etc. 'We have round figures here and we could be several thousand dollars off.Second by Johnsr.r..Motion carried. The Council concurred to conduct the field trip on Wednesday,November 28,1973 at 10:00 A.M. COUNCIL MEETING DATES FOR DECEMBER 1973 Aletter was read from the City Manager stating the regular Council meeting dates for December are:/O^/ December 11,1973 and December 25,1973. We arequired to hold Budget Hearings on Monday,December 3rd. He suggested establishing Monday,December 3rd as a regular Council meeting and Tuesday,December 18th. This will avoid a second meeting following the Budget Hearing,and provide an alternatedate for the second meeting in December. Motion by Skaug that the regular Council meeting dates for DecemberTbe established as December 3rd and December 18th,1973.Second by Moe.Motion carried. CARNATION SEWER -PROPOSED ACCEPTANCE BY CITY Aletterwas read from the Public Works Director stating the City has completed negotiations with the //GpQ>Burlington Northern Railroad and Carnation Company onthe sewerline extending from the City sewerlinenear State R„ute #17 and Wheeler Road along Wheeler Road out to the Carnation Company.He recommendedthe City Counciltake the following action: 1.Acceot this sewer line as part of the City sewer system foroperationandmaintenanceas soonas we are assured the linesgand lift stationare in good repair.2.Authorize the City Manager to seeka franchise to operate /utility onWheeler Road.3.Negotiate withtheCarnationCompany for a new sewer rate under the terms of Ordinance No. 666. Chet Waggener, City Manager, explained this is a sewer line that was installed by Northern Pacific to turn industrial waste from Pronto to tie into the City Sewage system. Since they stopped operation, we have been accepting their domestic sewage.We get occasional overloads from their industrial waste,and we feel a strong need that we have better control over that occasional industrial dumping. Carnation has taken some definite steps to keep that from happening. We did think,however, that we need to, on the basis of our ordinance whichallows us to negotiate,to.arrange for industrial sewage separately from our ordinance.Another Ui* it 1899 Council Minutes:4 November 27,1973 strong point that enters into this is when we terminated the agreement with Pronto to have their industrial waste handled at our plant and they started to handle their own,they agreed to pay us a fixed amount of money per month on a depreciating scale,that at such time as the City reached a given population figure., We assumed at that time that we were talking about population feeding into our city disposal plant.I don't knowwhat the possibility may be in the future,that there is always a possibility of annexing other -—» property such as for example,the Larson Air Force Base property.If we did that we would Immediately have a population which would put us over that limit and their present contract would say their paymentto us would be zero.They recognize that was not the intent of the ordinance,and they are willing to also re negotiate that agreement with us.Having control over the line would have some importance to it.There are a lot of other factors associated with it.At this point rather than accept it with the line formingwith the City,we need an Indication from the City Council whether you favor taking this approach so we can make further negotiations and bring some details together and come back for Council consideration. Otto SkaugInquired what he meant by "occasional overloads".Chet Waggener explained,that basically they had one pump operating on their clarifier and if that pump failed or they had to have mainenance on it then the only thing they can do is dumpthat potato waste into our system.It is that or shut the plant down.They have put on a separate pump now, sothere is a back up, but we still get someoccasional sewerage from it. ?hohZ?^er fUrthtT exi?;ai,ned.?**originally we were getting dumps only when they worked on the pumps.The second pump has eliminated that,but we stillget waste once ina while,and we would just like to besureofitnothappeningagainbecauseasfarastheDOEandEPAareconcerned,we are responsible for T?.££m 1 LfkeXn,and they do not care how "happens.One of the things we would like to be assuredof is positive control.The present management at Carnationhave been working with us. He further explained Item 3 of his letter -'seeking franchise for a utility operation^That is a County road as such and we do not actually own the property.He did not know how their franchise reads,it would be either a transfer or a new application . for franchise.That is permission to have the sewer line in the public right of way.Burlington Northern holds that franchise now,and they paid the full cost of installation of the sewer line. Norm Johnson inquired - In term of dollars what do we realize from this project as you suggest?Rich Weaver,J stated that one of the cortingencies are that we are assured that the lines to the lift station are in good repair. They already have begun to do some of that work on the lift station.Basically we would be out the cost of the electricity to pump the sewerage and as the line got older we would have more operation and maintenance " problems.If we balance that off against the fact thct this declining amortisation payment would be settled andwewouldhave a firm contract to take care of the othorcontingencies. I would say we would be ahead,how i" much exactly I cannot say. In order to dothat we would have to guarantee you some maintenance costs. j In effect,initially with only one useron that long sewer line with one lift station,it is going to cost us more to operate and maintain that than we would get revenues,but the other issue connected with it is that we will get this amortization nailed down on a new contract that will take care of the contingencies of annexation or people not served by that treatment plant.The trade-off,is a good one.We are not going to make it on the maintenance costs. Bill Moe inquired if in the future could the City be asked to take affluent from other plants out there regarding their industrial waste?Rich Weaver replied that the line could not take all that much,anr*our plant could not take their amount of industrial waste,possibly only their domestic flow.The Federal Water Quality Act of 1972 does not allow large industrial users to hook into our system any longer.Also looking at the Basin Water Quality Study,that if anything is done in that area it is going to have to be an industrial sewerage treatment plant built out there.Q TheCity Manager also commented that no one can require us to take on industrial plants,certainly EPA ^ standards are not going to change to be more lenient,If anything,they are going to be more stringent instead.HE Also if the line were actually owned by the City we would have more control over it.At this time we receive QC at point of discharge of the sewer at the corporate limits.If we owned the line we would be taking point dis-0} charge at the point where they connect into the line,and it should be a lot easier to control at that point rj instead of trying to control as it comes into the City limits.So the point of control should be somewhere-: ahead of that. Rich Weaver commented that if this is something the Council is willing to entertain,we would check out the lines,go through the lift station,and come up with an idea as to what the maintenance cost would be.We would go into negotiations knowing that,and what they would do before we take it,then we would have to negotiate a rate.We would like approval of the principle that if we can work all these things out and come back to Council with the data for a decision. Motion by Boyle that the Public Works Director's request be granted and to await his return with the.. further investigation on these things.Second by Moe -emphasizing "in concept of these things". Motion carried. |—| LID NO. 27 and LIDNO. 28 -ACCEPTANCE OF WORK -Contract No.73-06 Aletter was read from the Public Works Director stating that McAteeand Heathe,Inc.,las satisfactorily '' completed all work under Contract #73-06,L.I.D.No. 27,Schedule A, and L.I.D.No.28,Schedule B. He recommended the City Council accept the work and enter into the 30-day lien period. Motion by Moe to accept the work and enter into the 30-day lien period.Second by Boyle. Motion carried. / 1 u 1900 J, Council Minutes:5 November 27, 1973 WHEELER ROAD LANDSCAPING - ACCEPTANCE OF WORK -Contract No.73-05 '—',Jot9Aletterwas read from the Public Works Director stating that G &RSprinkler has satisfactorily completed the landscaping work on Contract#73-05, and recommended that City Council accept the work and enter into the 30-day lien period. Motion by Johnson that weaccept this project andenter into the 30-daylien period.Second by Skaug. Motion carried. CASCADE PARK SWIMMING AREA WATER SUPPLY -ACCEPTANCE OF WORK -Contract No.73-01 //•?/ A letter was read from the Public Works Director stating that C. B. Leonard of Leonard Plumbingand Heating has satisfactorily completed all work underContract No. 73-01, and recommended that City Council accept the work and enterInto the 30-day lien period. Motion by Boyle to accept the work and enter into the 30-daylien period.Second by Swanson.Motion carried. LARSON PLAYFIELD PARKING PAVING -ACCEPTANCE OF WORK -Contract No.73-10 -A letter was read fromthe Public Works Director stating that McAteeand Heathe,Inc.,has satisfactorily 'completed all work under Contract No.73-10,and recommended City Council acceptance of the work and enter into the 30-day lien period. Motionby Johnson to accept the workand start the 30-day lien period. Second by Boyle. City Manager Chet Waggener,commented that he was sure the Council was aware that this paving went down during extreme weather conditions.McAtee &Heathe recommended to stop the paving project,but Rich took the responsibility to tell him to go ahead.In the city portion of the paving there is a small por tion in the driveway section on Orchard that will have to be repaired in the Spring.As far as McAtee &HeaSie, performance of the contract,it is satisfactorily completed. The question was called.Motion carried. 'APPOINTMENTS TO THE PARK &RECREATION COMMISSION //;7/ A letter was read from Mayor Skaug requesting confirmation of the following appointments to the Park and Recreation Commission: >s Karl Goodrich,re-appointment -term to expire June 1,1978 Chet Paine,-e-appointment -term to expire June 1, 1978 Joe Wiley,Appointment - term to expire June 1, 1976 (complete Randy Carvo's term) Motion by Skaug for confirmation.Second by Moe.Motion carried. MISCELLANEOUS STATE AUDITOR REPORT ON EXAMINATION OF CITYAND WATER/SEWER UTILITY RECORDS -1972 ,,0/ 'Finance Director,R. R.Gagnier,presented a copy of the preliminary report submitted by the State Auditor on the examination of 1972 City and Water/sewer Utility Records of the City of Moses Lake. City Manager Chet Waggener noted that some items on the State Examiners Report may be overstressed or sensationalized,to the point where someone might glance at the captions and come to a quick con clusion that they were implying misapprotiating funds a improperly used funds or something cf that nature, and wanted to assure the Council that is not true.We are concerned,however,regarding some comments on the examiners report that we have never experienced before.Most of the items in themselves are not really that significant;mostly procedureal type things that are generally easily corrected.Mostly we criticize the manner in which it is written that we are concerned about -such caption use as "Failure to .Maintain certain records or inventory".Or such as "improper handling",.-and only refer to their regulations and not statutory regulations. The Finance Director went over the report with the Council and commented on each item written up.He also assured the Council,having gone over the past and current records,that there is no reason whatsoever indicating fraud,misappropriation of funds,etc.In fact he stated in the audit itself in the conclusion section they state,"It is our opinion that the results of the examination'indicate general compliance with regulations except as noted herein.It is our further opinion that the accompanying financial statement presents fairly the financial condition of the City of Moses Lake at December 31, 1972,and the results of operations for the year then ended."You will notice in both documents for the different divisions that comment was.made. - If there were significant reasons,that comment would have been very much modified.It would indicate stronger feelings toward specific items. Meeting adjourned at 10:P.M. MAYOR -^3tto M. Skaug ATTEST: City Clerk,R.