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1977 08 232588 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR SESSION August 23, 1977 CITY HALL -COUNCIL ROOM 8 p.m. Members present: Don Swanson, Kent Jones, Bill Moe, Bob Hill, Jim Barney, Eric Skaug, and Norm Johnson The meeting was called to order at 8 p.m. by Mayor Don Swanson. Mr. Jones moved that the minutes of the meeting of August 16, 1977 be approved as submitted, seconded by Mr. Hill, and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $16,116.47 STREET 6,455.85 FEDERAL SHARED REVENUE 650.24 CIVIC CENTER 12,600.00 WATER-SEWER 10,335.46 WATER-SEWER CONSTRUCTION 469.08 EQUIPMENT RENTAL 2,504.05 FIREMEN PENSION AND RETIREMENT 500.00 LID #31 59.40 TOTAL $49,690.55 Mr Moe moved that the bills be paid, seconded by Mr. Johnson, and passed with Mr. Hill abstaining from voting for that portion of the warrants to Pacific Northwest Bell.Warrants 2930 to 3038 were approved for payment. I.CITIZEN INPUT None II.CONSENT AGENDA None III.CONSIDERATION OF BIDS None IV.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -ORDINANCE -ANNEXATION REQUEST - DR.PENHALLURICK -FIRST READING A letter from Stan Bech,City Planner,was read which stated that the City Council had set August 23 as the date for a public hearing to consider the annexation request of Dr.Richard Penhallurick. The public hearing was opened. Mr. Bech went over the annexation procedures for the Council. There were no comments from the audience,so the public response was closed. Mr.Hill moved that the public hearing be closed,seconded by Mr.Jones,and passed unanimously. The ordinance providing for the annexation of certain territory to the City of Moses Lake,Washington,and incorporating the same within the corporate limits thereof, providing for the assumption of existing indebtedness,adopting a comprehensive land use plan, and zoning was read by title only. Mr. Barney moved that the first reading of the ordinance be adopted and set September 27 as the date for a public hearing,seconded by Mr.Skaug,and passed unanimously. 2589 CITY COUNCIL MINUTES:2 August 23,1977 V.ORDINANCES AND RESOLUTIONS ORDINANCE -AMENDING ZONING ORDINANCE -PUBLIC NUISANCES -SECOND READING A letter from Stan Bech,City Planner,was read which stated that the Planning Commission recommended that the accompanying ordinance dealing with Public Nuisances be approved. The ordinance amending Chapter 3.24 entitled Zoning Code of the Moses Lake City Code in order to clearly define a public nuisance was read by title only. Mr.Jones moved that the second reading of the ordinance be adopted,seconded by Mr.Barney,and passed unanimously. ORDINANCE -AMENDING ZONING ORDINANCE -CONDITIONAL USE PERMITS -SECOND READING A letter from Stan Bech,City Planner,was read which stated that the Planning Commission recommended that the accompanying ordinance setting a one year time limit on Conditional Use Permits be approved. The ordinance amending Section 3.24.180 of Chapter 3.24 of the Moses Lake City Code entitled Zoning Code was read by title only. Mr.Johnson moved that the second reading of the ordinance be adopted,seconded by Mr.Jones,and passed unanimously. VI.REQUESTS TO CALL FOR BIDS None VII.REFERRALS FROM COMMISSIONS None VIII.OTHER ITEMS FOR COUNCIL CONSIDERATION PARTICIPATION IN OVERSIZING UTILITIES -SAGE BAY A letter from Jerry Fay,Public Works Director,was read which requested that the Council authorize the city to participate in the oversizing of Sage Bay utilities in the amount of $9,998.Also,Mr.Clint Berg is requesting city participation in the improvements in front of the church property on Central Drive.At the meeting of April 13 concerning this the city agreed to obtain the right-of-way if Mr.Berg would make the improvements.There was no discussion of the city participating in the cost of the improvement. Mr. Fay pointed out that the city had the ability to have the property in question improved at no cost to the city and that there is a question of whether or not this property is a part of the original project.Mr.Fay pointed out that this reimburse ment request only covers the first division of the development and any further develop ment beyond this would have to be covered by separate arrangements. Mr.Clint Berg stated that the main question is whether or not this property is a part of the original development.He stated that they had not gone through the city's prescribed bid procedures which they would have had to do if they would have any reimbursement exceeding $4,999.He requested an opinion from the city attorney on whether or not that finger of land was actually a part of the project. Pat Acres,City Attorney,stated that he would like time to review the minutes and issue a written opinion to the Council. Mr.Waggener pointed out that Mr.Acres had requested time to read the minutes and issue a written opinion to the Council on this item. He suggested that the remaining items be approved by the Council since there is no question on them. Mr.Hill stated that he would like to see the correspondence relating to this before any decision is made. Mr. Hill moved that this item be tabled until the meeting of September 13, 1977, seconded by Mr.Barney and passed with Mr.Jones abstaining. u 2590 CITY COUNCIL MINUTES:3 August 23,1977 1-90 ACCESS TO PENINSULA A letter from Jerry Fay,Public Works Director,was read which presented a letter JCP/Cf from the Washington State Highway Department responding to the request for an eastbound access to the Peninsula area. The letter from the Washington State Highway Commission was read which stated that they would not consider any changes in access connections to the interstate system without Federal Highway Administration approval.The letter stated that normal interchange design requires a full diamond interchange to provide for access to both sides of the freeway.Present traffic counts on the existing ramp indicate that justification of an additional ramp would be very difficult. Mr. Fay stated that he believed the State Highway Commission is asking for a study that would justify the need for the construction of the diamond interchange on the Peninsula.They are asking for something that is beyond the scope of the original intention. Mr. Fay pointed out that there are extreme difficulties in just getting the preliminaries done for the interchange as well as finding the money for the construction. Mr. Barney stated that he felt more traffic would be going into this area once the new motels were in operation and he felt that channels should be kept open on this project. Mr. Fay stated that he felt a determination should be made and if it is to be pursued further, consideration should be given to funds in the 1978 budget for this item. He stated that he could find out what information is needed to economically justify this interchange. Mr. Swanson requested that Mr. Fay find out how much this would cost and have it brought back to Council before Council begins work on the budget. EVERGREEN EXCAVATING SUIT A letter from Pat Acres,City Attorney, was read which stated that the city has been involved in litigation for the past two and a half years with Evergreen Excavation Company for extra work which they claim was expended on the Eastlake Sewer Project. Their claim was in excess of $73,000 and was based upon the fact that they ran into solid rock excavation during the course of their work.After taking numerous deopsi- tions and reviewing materials with the Engineering Office, and negotiating with the attorney representing Evergreen, they are willing to accept a settlement in the amount of $35,000.Mr.Acres requested authorization to settle the matter on this basis. Mr.Johnson wanted to know if tests were done and if so,why the bid did not reflect the necessary extra costs. Mr.Acres stated that tests were made and that they showed cemented gravel but they did not show that the**cemented gravel had a density that classified it as solid rock. Mr.Barney moved that Mr.Acres be authorized to settle the Evergreen Excavating Suit,seconded by Mr. Moe,and passed unanimously. POLICE/JUSTICE COURT/COUNCIL FACILITY -FINAL COST ESTIMATES Chet Waggener,City Manager,presented the final cost estimates for the Police///<jO Justice Court/Council Facility from the architect. Mr.Waggener stated that the following were add-alternates which could be a part of the building or not, as /\the Council wished:Paving,Curb Cuts,Curbing,Sidewalks,Brick Veneer,and Landscaping and Sprinkler System. Mr.Waggener recommended that paving, curb cuts, curbing, and sidewalks be considered as one add-alternate to be considered as a part of the building. He recommended that landscaping not be considered an add- alternate as completion will be in July 1978 which is a bad time to landscape. He suggested that the Sprinkler System and landscaping design be completed by the architect so that it would blend with the building. He suggested that the sprinkler system be an add-alternate but that the park crew handle the landscaping. 2591 CITY COUNCIL MINUTES:4 August 23,1977 Mr. Hill moved that the following add-alternates be added: 1.Paving,curb cuts,curbing,and sidewalks 2.Brick Veneer 3.Installation of sprinkler system design of landscaping and sprinkler system to be completed by architects, seconded by Mr.Johnson,and passed unanimously. IX.COUNCIL QUESTIONS AND COMMENTS None X.CITY MANAGER REPORTS AND COMMENTS / ANGLE PARKING ON THIRD AVENUE 0 A letter from Jerry Fay,Public Works Director,was read which stated that the down town merchants had requested angle parking on Third Avenue between Beech and Alder. As a part of the Ring Road Study,the consultant,CH2M HILL,has been evaluating traffic circulation in the downtown area and will make a preliminary report on this at the September 13, 1977 Council meeting. tf\P WORKSHOP FOR COUNCIL CANDIDATES Chet Waggener,City Manager, stated that a workshop for Council Candidates would be held August 24 at the Hallmark Inn and invited the Council to attend.Mayor Gerald Blakley of Cheney and Mayor Lane Bray of Richland will be speaking to the candidates. MUNICIPAL INSURANCE A study session was scheduled for Tuesday,August 30,1977,to discuss municipal insurance. The meeting was adjourned at 8:50 p.m. n maid E.Swanson,Mayor ATTEST: '^W* R. C.Bierma,City Clerk n