1974 09 24CITY COUNCIL MEETING -Regular Session September 24,1974
Council Room -City Hall 8:00 P.M.
Members Present -Councilman Bob Hill,Bill Moe,Mike Boyle,Gordon Ebbert,Don Swanson
and Otto Skaug.Norman Johnson was not present.
Invocation -Rev.Frank Jackson -United Methodist Church
*•—'Mayor Ebbert called the meeting b order and called for approval and/or additions or changes of the
minutes of the meeting of September 10,1974.Motion by Hill to accept the minutes as written.
Second by Boyle.Motion carried.
REGULAR BILLS AMOUNT PAID
GENERAL $7,210.45
STREET 3,433.62
ARTERIAL STREET 1,437.98
FEDERAL REVENUE SHARING 3,397.13
WATER/SEWER '13,912.46^EQUIPMENT RENTAL 1,526.18
C^Motion by Boyle that the regular bills be paid.Second by Swanson.Motion carried.
CjJ Warrant No.1536 through 1637 in the amount of $30,917.82 were approved for payment.
200$
W CONSIDERATION OF BIDS -WELL NO.3 PUMPHOUSE
Aletter was read from Ron Baker,Asst.City Engineer,stating that bids were opened on September 16,//&J21974. Asingle bid was received from Main Engineering of Leavenworth,Washington in the amount of /"
$29,750.50,which Is $10,320 higher than the Engineer's estimate.He recommended the bid be rejected
and the project be readvertlsed . He suggested advertising again on September 27 and 30,1974,with
bid opening on October 2,1974 and presentation to Council for consideration on October 8,1974.He
has received verbal approval from the Department of Social and Health Services for an extension of time
to comply with their requirement,having previously set October 1, 1974 for the project to be under contract.
Motion by Hill to accept Ron Baker's recommendation and reject the bid received and grant the request
to readvertise for bids on the project.Second by Boyle.Motion carried.
RESOLUTION NO.691 -MOSES LAKE SHORELINE MANAGEMENT PLAN
Mike Boyle questioned the terminology on Page 6=Transportation,Item #4 under Use Regulations,the
reason why the word "shall"was used instead of "should"?Stan Bech responded stating that under
Use Regulations the word "shall"is necessary in order to enforce it.Gordon .Ebbert inquired - why
in the use regulations and not in the policy regulations.Stan Bech stated that perhaps it should be
taken out under the Use Regulations.-:It is really a general statement and perhaps not needed in the
use regulations at all.Otto Skaug contended it is repetitious to have No.4 in there.
Motion by Boyle that Item No. 4 under Use Regulations under Transportation be deleted.Second by
Swanson.Motion carried.
The Resolution was read by title only.Motion by Swanson to accept the Resolution.Second by Hill.
Motion carried.
RESOLUTION NO.692 and 693 -FLOOD PLAIN CONTROL
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A letter was read from the Department of Housing and Urban Development,George K.Bernstein,Federal
Insurance Administrator,in reply to Stan Bech's letter,indicating the Flood Hazard Boundary Map for theCityofMosesLakedoesnotaccuratelyreflectthefloodhazardarea,nor does it include the area recentlyanjexed.The Flood Hazard Boundary Map willbe reviewed by HUD and revisethe maps as necessary.
Until the revised map is available,the City could adopt the resolutions required by 1910.3(a)of the pro
gram regulations so that flood insurance may be made available to its residents and protect themselves
against financial loss from flooding.
Resolution No. 692 to provide for land use and control measures to reduce future flood losses,was read
by title only.Motion by Boyle to adopt the resolution.Second by Hill.Motion carried.
Resolution No.693 was read by title only,providing for review by City Staff of all new construction on
flood prone lands so as to control flood hazards.Motion by Hill to adopt the resolution.Second by
Moe.Motion carried.
ORDINANCE NO.705 -ESTABLISHING TAX LEVY FOR 1975 (Second reading)SOS/I >£.
The ordinance was read by title only.Motion by Hill to adopt.the second reading of the ordinance.'
Motion carried.
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Council Minutes:2 September 24,1974
ORDINANCE NO.706 -AMENDING EMPLOYEE SALARIES (Second reading).
The ordinance was read by title only.Motion by Skaug to adopt the second reading of the ordinance.
Second by Swanson.Motion carried.
MUNICIPAL AIRPORT -OFFER TO LEASE LAND
A letter was read from William N.Duncan offering to lease the surplus acreage of the Moses Lake
Airport on the west side of existing hangers for $15.00 per acre per year,payable annually.In order
to recover the investment for irrigation a 10-year lease with a 10-year option is desirous.
A letter was read from Bob West,Asst.to the City Manager,stating that pursuant to submitting
Mr.Duncan's proposal for Council consideration,the City sought the advise of Farm Management
Services.Bob Fisk,of FMS,Property Management Division,responded in a letter stating that if
the Council considers it advisable to retain their services,FMS would negotiate the lease terms
with Mr.Duncan,prepare,execute and administer the lease,plus,provide the collection of the year
ly lease amount.FMS would charge 6% of the gross income for administering the lease.They would
also charge approximately $500 for the negotiation and.preparation of this very complicated lease.
Mr.Fisk also indicated that the proposed fee of $15.00 per acre per year is initially equitable.How
ever,after Mr.Duncan has regained his capital investment,a period estimated to be 3 to 5 years,
FMS would negotiate a new lease,based on the earning capacity of the developed property and its ,
increased valuation.Mr.Duncan has been advised of the proposal submitted by FMS!
City Manager Chet Waggener commented that the reason FMSwas contacted was whether the $15.00
per acre is reasonable.But they also recommended an escalator clause after a certain number of years.
Don Swanson stated he thought Mr.Duncan's offer for $15.00 per acre is completely within reason
and as far as engaging Farm Management Services,the lease could not be that complicated.We have
a City Attorney to draw up the lease.The question he would like to ask Mr.Duncan is that after
the 10-year lease does the City gain control of the Irrigation equipment on it,because he is the .only
one that can water it?Mr.Duncanreplied -"No,Sir".
Bob Hill asked Bill Duncan what he thought about Mr.Fisk's recommendation to renegotiate within
three to five years.Mr.Duncan stated that he talked with Mr.Fisk and he said it is impossible
to regain the investment in that time;although I do not have any objection to negotiating with these
people in handling the lease..As a land-owner,I estimate 10 yers.Right now also,you cannot get
a guaranteed figure on any sprinkling equipment;you pay what it costs at time of delivery.
City Mgr.Chet Waggener,stated that one of the things concerning the City is that the value of the land
Is going to increase quite drastically and as the value increases then the lease also should increase.
We are also looking at a period right now of some high inflation,andconcerned regarding a 10-year
lease at a fixed lease rate as to how ludicrous that lease mightlook at the end of the 10-year period.
Perhaps Mr.Duncan does need a 10-year lease to capitalize his investment,but perhaps the lease
rate should be reviewed in a few years to see If it is still equitable.
Bob Hill commented that under State Law recently passed,Mr.Duncan would have to pay taxes on this -
lease land.
John Calbom stated,at the time the city acquired the airport land it was part of a farm unit and included
in the Irrigation District and was removed from the project,and there is a possibility to have it included
again,in which case then water would be available.I don't know what investigation has been made
from that source,but it would be worth exploring this possibility.
Chet Waggener stated that approximately 10 years ago the Bureau indicated they would be favorable
to us and then several years ago they were negative toward us because the Bureau said they did not
have enough water to supply the land developed in the area.
Mr.Duncan commented the Bureau cut his allotment of water,and those in the area,three times this
Summer during the hotest weather.
The services set forth by Farm Management's letter were discussed and severa1 questions were raised
that the Council felt should be clarified,therefore,the City Manager inquired if the Council desired
they be checked out and also inquire of the Bureau regarding furnishing?
Motion by Swanson that details of the lease be handled by the City Attorney and go ahead and get some
income off of the land.Second by Hill.
Bill Moe thought it best to contact Mr.Fisk about this lease and get some answers from him-.We have
been kicking this around for some time and I don't see why another couple weeks will make much difference
now.
John Calbom stated that we are assuming there is no water available from the Irrigation District.Without
determining that question I couldn't recommend that a lease be negotiated.It could be negotiated on the
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City Council Meeting Minutes:3 'September 24,1974
basis there is water available.If water is available,then the land is worth more per acre.
Motion by Skaug to table the motion until further questions are answered.Second by Boyle.
Motion carried.Opposed by Swanson and Hill.
Chet Waggener commented that a tabled item can only be brought back for voting by the prevailing side.That means that he cannot place this onthe agenda.Skaug stated that he thought the Council should
outline the points ofinterest and come backwiththat Information perhaps forthe next Council meeting.Discuss with the Bureau if water is available;also if the second paragraph of FMS's letter is true or not.We are buying Mr.Duncan's offer of $15.00;thereIs no greatdecision for Farm Management,they Just
agreed with him.I don't know farm land,but It seems that should be negotiated.
Don Swanson commented thatthe Council went over this a .yearago;I cansee it brought back for one
meeting, but if Mr.Duncan is goingto do anything we shouldgive him an answer soon.
The City Manager concluded it is desirous then toget back with Farm Management,Mr.Duncan andalsoinvestigateoftheBureau,etc.,anticipating that it willbe brought backonthetable at the next
meeting.The Council concurred.
CLAIM FOR DAMAGES -TACK GILUNGHAM.TR.,d/b/a/WESTERN REFUSE ^/0<P </
Aletter was read from Chet Waggener,City Manager,submitting a claim received from Randall &Danskin,
Attorneys and Counselors,representing Jack Gillingham,Jr., andstating the City has been holdingMr.Gillingham's final payment to insure his completion ofthe contract which provided for a minimum of36inches offinal coveroverthe fill site withthe coverto be freeof all obstructions.We findthat in
numerous areas,mattresses and other miscellaneous debris protrudes through the cover. This issue
has been discussed wit*him on several occasions,the most recent being the end of August.Mr.Gillingham has been requested repeatedly to provide the necessarycoverand have more recentlyadvisedhimthat he must either promptly complete the necessary work or the City would contract to dotheworkandsubtractpaymentfrommoniesthe Cityis holding to lnsuiesuch completion.The City Attorneyhasbeenconferredregardingthismatterandproposetoproceedwithacontractto secure compliance,andrequeststheCityCouncildenytheclaimandgiveauthorizationtoproceedasnecessarytoinsureadequate
cover,and to pay for that work from the money currently being withheld from Mr.Gillingham.
ChetWaggener added that the CityAttorney has laidthe ground-work should the City have to gotoCourt. We have laid out a grid across the area and will be digging holes to check exactly the amount
of cover in eachspot;we have already determined it isn't three feet.Will document that, andif Councilgivesapproval,will go ahead andcontract with someone to provide the additionalfill material necessarytobringitupto the three feet of cover.There was never any dispute as we looked at the site with Mr.Gillingham;he gave the distinct impression he was going to go ahead and get equipment and placethe
required amount of material onthe fill to bring it upto the three feet level.
Mayor Ebbert inquired as tothe legal results ifthe Council denies this claim?John Calbom respondedstating, ifthe City denies the claim he has the rightto start suit. Ifthe City does notrespond,thenafter60days he has the right to start suit.The claim has to be submitted as a prerequisite to sue. It
isn't a real emergency, but it is work that has to be done.At least with the onset of Winter, doubt if
weather conditions would allow it be done during the Winter.
City Manager ChetWaggener stated that Mr.Gillingham has actually beengivena letter stating a cut
off timeto do the work, or the City would dolt.However, we certainly would give himthat opportunity
again.
City Attorney John Calbom commented,that at this point the City has funds that are withheld butthe Cityhas to offset against those funds the cost of doing this fill work. If Mr.Gillingham wants to do this,andit passes inspection, then theCity can release the funds due him.Anybody that has a claimagainst theCityhas120daysto file the claim;that is the statute of limitations,and is probably the reason the claim
was filed.At this time the Council need only note receipt of it and take no action.
Motion by Moe to authorize the City Manager to proceed to make sure the fill is covered properly.
Second by Boyle.
Otto Skaug Irquired if the newcontractoroperatingsince May is presently in this area of the fill, and
was Informed that the new contractor has been operating in a totally different area.
The question was called.Motion carried.
REQUEST TO CALL BIDS -COMMINUTORS FOR SEWAGE TREATMENT PLANT .
A letter was read from M.G.McLanahan,Public Works Superintendent,stating that both Comminutors
at the Sewage Treatment Plant are worn to such a degree that the effective treatment of sewage may
become affected during the remaining portion of this year,and requested permission to call for bids for
comminutors replacement.He added that it is necessary these be replaced as soon as possible to con
tinue to meet the Department of Ecology standards for suspended solids..
Motion by Boyle that the request to call for bids be granted.Second by Swanson.Motion carried.
Payment for the comminutors will come out of the 1975 budget.
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City Council Meeting Minutes:4 September 24,1974
REQUEST TO CALL BIDS -WELL NO. 4 PUMPHOUSE
Plans and specifications on Well #4 Pumphouse Rebuild were submitted by Ron,f ^'ect'wi'll^Engineer,for Council approval,and requested permission to call for bids.The project will bepartiallyfundedthroughaReferendum#27 Grant from the Department of Social &Health Services,equal to 40%of eligible costs.This is the second phase of the water system rebuild project,totaling approximately $100,000.Other phases will be submitted at a later date.
Ron Baker added that the pumphouse is the same type building as Well #3;demolishing the buildinganSre^ns^ucfion oVitu^ing'much of the material of the .^^^^S^^^Jl^.some minor modifications to the pumping system;some modifications to the electrical system,anaETtatSda?Tw 11 be back for the landscaping.The present building is part block and concretefnHSotheroartisatinstructure,and is inadequate,due for rebuild.He added that the schoolhas^M^tS^^ll^tTaluo within the same"structure and it too will be Included in the new
structure.
Bob Hill inauired if this could be combined with the bid on Well #3?Chet Waggener explained thereS'work todo on.the well itself at Well #4 and cannot put the pumphouse up until this work is completed.
Bill Moe inauired regarding the schools part on this,and if the school is helping to finance it?Ron«£Jd thev htvWnot asked the school to participate in reconstruction of this building because thePropertywa!^orfginaUy the school's and t'hey donated it to the City with the understanding that the ••
City would house their well.
Motion by Boyle to grant the request to call for bids for Well No.4Pumphouse.Motion carried.
REQUEST TO CALL BIDS -POLES FOR LARSON PLAVFIELD LIGHTING
Asst.City Engineer Ron Baker submitted a request to call for material bids on wooden poles necessacytortheLarsonPlayfieldLightingProject.The cost of this contract is estimated to be $2500.
Otto Skaug asked as to what are the specifications on these Poles?Ron stated they are for cedar poles
4 = 55 feet;2 = 70 feet;and 2 = 75 feet poles.
Motion by Boyle to grant the request to call for bids.Second by Swanson.Motion carried.
CITIZEN INPUT
wmwmmmmm
a percentage ofthe utilities for the portion of the building we uS>e.;
STATUS/INFORMATIONAL ITEMS ,
Finance Director/1973 Financial Report Award
copy of the certificate.•\<^
that it measures;each financial^report•^;^^i^^^SSmtd of merit and it does certlfy.that
SLJ^I^to^^oeived the award,but very few in the Eastern Washington area.
The Council congratulated Mr.Gagnier and appreciated the tremendous amount of effort ittook to get
recognition from the State Association.
AWC REGIONAL MEETING
,0(P Aletter was submitted to the Council from,*,^^aSTgSSl.S'JSfu'S'Sld S'SS^SSK^S^S?»7«"1"f'frXr^unc^ir^^nlng T^ltXSi «a«d 5.will be out of town on vacationThedlrSerTsscheduledfor7:00 P.M.and planned to leave by 5:00 or 5.45 P.M.
RirDGET STUDY SESSION
The Council concurred w!th Chet Wegener's suggestion for aStudy Session regarding the 1975 Budget ,
for Tuesday October 1,1974 at 8:00 P.M.
a
cj>_Jjj'•,City Clerk,R. R. Gagnier
,,,x c September 24,1974CityCouncilMeetingMinutes:5
WATER SYSTEM SIMULATION ANALYSIS
The Analysis will be printed and ready for I»~^*^^SLSSS"^*^™™°"to set a Special Meeting for It «*"•««Consu tants The C°uncU concurred wse^^^^
Meeting adjourned at 9:45 P.M,
ju~hM,ftHkT^
MAYOR,Gordon M.Ebbert
i ATTEST:
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