1970 04 28•w-cr
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1461
COUNCIL MEETING -Regular Session April 28,1970
8 o'clock P.M.-Council Chambers
Present were:Bill Moe,Norman Johnson,Gordon Ebbert,Dr.Lindell
and Michael Boyle.
Absent:Bob Hill.
Mayor Otto Skaug called the meeting to order.Minutes of the April 14,1970
meeting'were approved as written upon a motion by Otto Skaug.Second by
Norman Johnson.Passed.
REGULAR BILLS TOTAL AMOUNT PAID
GENERAL FUND $3,262.37
LIBRARY 3,775.27
PARK &RECREATION 180.35
STREET 1,239.53
URBAN ARTERIAL 6,874.74
EQUIPMENT RENTAL 14,836.51
WATER AND SEWER 461.10
SANITATION 33.13
Moved by Dr.Lindell that the regular bills be paid.Second by Michael Boyle.Passed.
SPECIAL BILLS
URBAN ARTERIAL FUND
Lewis Redford Engineers,Inc.459.20
100 -116th Ave.,S.E.
Bellevue,Washington 98004
Work in connection with State Highway overlay project -Holly Street to Alder Street
through March 31,1970.(Broadway Avenue)
Motion by Michael Boyle to pay this special bill.Second by Otto Skaug.Passed..
URBAN ARTERIAL FUND
Lewis Redford Engineers,Inc.4,401.77
100 -116th Ave.,S.E.
Bellevue,Washington 98004
Work performed through March 31,1970 in connection with preparation of plans and
cost estimate for Urban arterial project 8-3-162(1))from its northern terminus
at Alder street to a point immediately south of Wheeler Road.-Pioneer Way Phase II.
Motion by Bill Moe to pay this special bill.Second by Dr.Lindell.Passed.
SEWER FUND
Clark Cass $84.64
P.O.Box 396
Moses Lake,Washington
Contract #70-01 -Pioneer Way Sewer Line -Final Cost.
Motion by Norman Johnson to pay this special bill.Second by Bill Moe.Passed.
Warrant No's.4267 through 4%9 in the amount of $35,608.61 was approved for payment
1462 April 28,1970
LONGVIEW TRACTS PROPOSED WATER SERVICE
\!.\\<)Mayor Skaug explained that action on reconsideration of furnishing city water
I'to the Longview Tracts was tabled on April 14,1970 to be considered for final
decision by the City Council on April 28,1970,after detailed valid water meter
evaluations were determined by the City Engineering Department.To date they
arrived at 79 valid water meter installations,with the addition of an increase
of 3 involving some question of a legal signature due to slatus change by
marriage or divorce,making a total of 82.
For a point of discussion,the Mayor asked to permit the attorney?to present
their respective sides and confine it to that.
Jack Lewis,representing the group in favor of the City furnishing water to
the area,felt that with the 3 signatures in question as to status signatures
and the 13 absentee property owners,and those they will no doubt picjc up,
there are actually more than 90 valid meters when the system goes in.An
irrevocable agreement was signed by more than 90,and the people signing it,
in his estimation,are legally bound,therefore,the 9 water meters chosing
to revocate the agreement are obligated to abide by the Water Service Agree
ment they signed with the City of Moses Lake.
Mr.John Moberg,representing the opposing group,stated that with 79 valid
water meters,it would be doubtful if the cost could justify amortization,and
also the extra cost of meter readers and maintenance should be considered by
the Council,and seems to him the water users in town would be subsidizing
this water service to Longview Tracts.Also the Council would not be doing
their duty to allow extension of city water out of the city limits.
Mr.Moberg was informed that the cost of maintenance and operation was
included in the City's estimate figure.
Bill Moe asked what is involved in the franchise,-would there beany problem?
He was told,no exclusive franchise is given to anyone;a franchise would be
granted by the County upon application.
Mayor Skaug commented that the people have signed an agreement arid it states
it is irrevocable and runs with the property.With 82 it does not a ppear to be a
sound venture,but if the City should choose to hold the 9 who signed and then
submitted a revocation of the agreement,it can be accomplished.Ordinarily in
a regular LID,the Council would require 60%,-82 out of 135 meters constitutes
slightly more than 60%.
Michael Boyle made a motion for the City to furnish water to the Longview
Tracts area,and reject the Revocation of Agreements submitted by 9 property
owners that signed the Water Service Agreement,thus making a total of 91,
and instruct the Public Works Director to proceed to prepare contract plans,
specifications and advertise for bids;to authorize the City Manager to seek
a franchise for same from Grant County,and to treat all water users requesting
service after June 24,1970 as subsequent users and subject to the require
ments of Ordinance #580 of the City of Moses Lake.Second by Dr.Lindell.
Voting in favor of the motion:Boyle,Lindell,Skaug,and Ebbert.
Against:Moe and Johnson.Motion passed.
ORDINANCE IMPOSING A LOCAL SALES TAX -1st READING
V The ordinance imposes a local sales tax pursuant to Chapter 82.08 and
82.12 RCW.House Bill 21 adopted by the 1970 Session Laws of the State
of Washington allows local governments to adopt a 1/2 %sales tax as a local
option.House Bill 21 also removed $25,000 from our 1970 budget and $50,000
in formerly state shared taxes from our 1971 and future budgets.The 1/2%local
sales tax will also help replace the loss of gasoline tax monies based upon
reapportionment formulas currently under review.Mayor Skaug noted that the
City's 1970 budget is currently pared to the minimum and capital expenditures
will need to be increased in ensuing years to provide and retain items to
sustain normal operations of city government.
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April 28,1970
If this ordinance is adopted,enactment will be effective as of July 1,1970.
He mentioned this is merely the introductory reading of the ordinance and the
second reading is scheduled at the next council meeting of May 12,1970,and
the public is invited to hear and present their views.Material is being put
out regarding the need for the 1/2%sales tax,and is also available at request.
80%of the State's population is already under the 5%sales tax.Quincy,
Soap Lake and Grand Coulee have preceeded us in invoking the tax as of
July 1,1970.
Motion by Gordon Ebbert to adopt the first reading of the ordinance.Second
by Michael Boyle.Passed unanimously.
UNION AGREEMENT WITH TEAMSTERS LOCAL NO.148 AND THE POLICE DEPARTMENT
1463
A letter was read from the City Manager,Chester L.Waggener,stating that the
accompanying agreement has been negotiated with Mr.Don High,representa
tive for the Teamsters Union Local No.148,and with the Moses Lake j Police
Department,and recommended approval of the agreement by the City Council
and authorize the City Clerk and City Manager to sign the agreement on behalf
of the City of Moses Lake.
Motion by Norman Johnson,second by Otto Skaug,to approve the agreement
•and i authorize the City Clerk and City Manager to sign the agreement on be
half of the City of Moses Lake.Passed.
PIONEER WAY =WHEELER ROAD INTERSECTION
I01&
The Engineering Department arranged for Tom Dunstan to meet with the ///7
Council to discuss personally what progress he has made toward agree
ments with property owners regarding the proposed shopping center at
5-corners.Mr.Dunstan was present and proceeded to update the Council.
,He stated the center is being assembled by the Washington-Idaho Corporation,
j a Washington corporation.President is Darrell Ries, and Thomas O'Donnell
\I of Portland,holding the controlling interest.The property consists of 8acres
owned by Delmar Wessler,Mr.Burgett and Jessica Longston and Vickie Zaser.
The lease agreements are in effect and run for 99 years.The area is located
between Wheeler Road and Pioneer Way and Riviera.
Safeway Stores have executed a 20-year lease for 19,640 square feet of
space and Sprouse-Reitz Stores have executed a lease for 8,000 square
feet,as Phase I improvements.
Phase II - a drug store is planning on 8,000 to 10,000 square feet,and
the Wigwam Stores plan on 14,760 square feet.Making a total of approxi
mately 42,000 square feet.An additional 30,000 square feet of leasable
space will be available in Phase II.
Construction costs are approximately $450,000,and firm financing committ
ment has been obtained from Sherwood &Roberts of Seattle,Washington.
Capital outlay to date is $124,600 for lease deposits,and the lease payments
are current to date.
Phase I stores are scheduled to open on March 1,1971.Their appraisal of
j $750,000 will include the land and improvements on Phase I and approximately
one and one-half million dollars for Phase II.U
Humble Oil is willing to undertake the property owned by Delmar Wesseler
and put Wheeler Road in a position to afford a better traffic situation.With
that in mind Mr.Dunstan went to Salina,Kansas to spend two days with
Delmar Wesseler and came to a tentative agreement of terms and conditions
to a new Humble Oil station,and the terms and conditions whereby they
would acquire the Wesseler property and then deed it to the City,if necessary,
to relocate Wheeler Road.To implement all these things it is necessary to
negotiate with Frank Holmes regarding the drive-in leased to Chet Paine.It
will be necessary to consumate and formulize the agreementa^with
Wesseler,which of course,they are subjected to the City implementing the
1464 April 28,1970
new street location.It was also necessary to obtain approval from Safeway
Stores design department and from Sprouse-Reitz to the new plan,which they
have obtained.Have met with the owners of the northeast corner property,
Frank Holmes ,Chet Paine and Thomas Watson,owner of the tavern property.
He stated that Mr.Holmes and Mr.Paine are in concurrence as to the developers
relationship as to cooperating with the improvement of Wheeler and the intersection
The owner of the tavern has not made a firm committment,but by this evening
after hearing our views,he would view the new program with an open mind,and
will meet with him on Friday,and feels secure that they have agreements
arrived with Frank Holmes,Chet Paine and Thomas Watson.
The developers would agree to absorb some of the cost of the relocation of
water and sewer lines and absorb some of the existing LID's.Will also
submit the proper drawings asking forreplatting of this property.
Safeway isalso currently in the process of drawing a parking layout,taking
into account the possible relocation of Wheeler Road.Parking is planned
for some 400 cars.
He emphasized that the shopping center is a fact.The intersection depends upon
formulization of agreements with the tavern;and the Humble Oil Company is in
agreement.Expects to finalize agreements in 5 or 6 days.He.will contact
Bert Noble,lessee of the car wash.
Dr.Lindell asked -how firm is your agreement with the service station.?
He stated,as of yesterday,Humble Oil is prepared to proceed with this.
City Manage*,Waggener,informed Mr.Dunstan that the City is running
short of time,and getting ready to call for bids on the project,and are
awaiting a determination of this transaction.In fact we are getting behind x
and will be calling for bids this week or next.Our committment with Mr.
Dunstan was that agreements with property owners will have to be made before
making a bid award.The Council in awarding the bid must know that all con
cerned must be satisfied.Either avenue is open,the first one is the proposed
change of Wheeler Road.In event all conditions cannot be met,then the exist
ing Wheeler Road will remain and the 5-corners will remain but modified slight
ly with more sophisticated lighting.
Mr.Dunstan stated he will meet with Mr.Watson,owner of the tavern,and
Bert Noide,lessee of the Car Wash,on Friday and then get together with the
City Manager on the following Tuesday and submit:a written report.
PLAN CHANGES -O.K.TIRE STORE CONSTRUCTION
Letters were read from the Public Works Department and the Fire Department
recommending that the changes requested in building plans be approved.The
changes meet all code requirements,that of connecting the two buildings is
feasible,as the actual separation between them is only22 feet and the installa
tion of an automatic fire extinguishing systemirnall portions of both the old
and new buildings foresee no additional hazards.The Council approved the
original plans on a Special Permit basis,therefore,felt it should come back
to the Council to approve any changes.
Motion by Gordon Ebbert to approve the changes.Secnd by Norman Johnson.
Passed unanimously.
CASCADE PARK DEVELOPMENT
100
3l A letter was read from the Park &Recreation Director,Wm.R.Skeels,
requesting approval of the overall site development plan for Cascade Park,
and consideration of a Resolution at the next Council meeting authorizing
submittal of a specific application for funding to the Inter-Agency
Committee for Outdoor Recreation.
The Mayor moved for a study session Tuesday,May 5,regarding these
plans.Second by Norman Johnson.Passed.
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April 28,1970 1465
LIONS CLUB -FIRE DEPARTMENT FIREWORKS CLARIFICATION
A letter was read from Russell Beeman,Fire Chief,regarding the attitude /O^/'
of the Fire Department concerning the sale fireworks.At the time,he
stated the only way the Lions Club would be able to gain approval would
be to present their request to the City Council,as there is an ordinance
forbidding the sale of fireworks in the City.He did not say nor did he
imply that the Lions Club had his approval to sell fireworks.
The City Manager commented that this letter was not presented asking for
reconsideration of the decision,but only to clarify the record.
PIONEER WAY SANITARY SEWER -ACCEPTANCE
A letter was read from the Public Works Director,Richard L.Weaver,
stating that Clark Cass has satisfactorily completed the installation of
the Pioneer Way sanitary sewer main and recommended acceptance of the
work,and start the thirty day lien period.
Motion by Michael Boyle for acceptance and to start the thirty-day lien
period.Second by Norman Johnson.Passed.
THIRD AVENUE URBAN ARTERIAL PROTECT -INFORMATIONAL
City Manager,Waggener,explained the accompanying letter had been
received from the Urban Arterial Board regarding proposed Urban Arterial
Project No.8-3-162(03)Third Avenue from Pioneer Way to West Broadway.
This project has been deleted from the Urban Arterial Development Program
for the 1969-71 beinnium.The City had submitted a prospectus on the basis
and with the assumption that it was included in their budget and would be
approved.The Board has been plagued with cities under-estimating their
costs,and basically they are short of funds and pared some of the projects,
andThird Avenue happened to be one of those.The project provided an overlay
from Kwicky Korner area through to Pioneer Way,and updating and installing
new signals.He still thinks it is an important project;the base under it is
inadequate and will have problems if it is not resurfaced.He proposes that
the City re-submit and request consideration in the next biennium.He asked
Council's permission to prepare the prospectus for their approval and submit
it to the Urban Arterial Board to be included in the budget for the next biennium.
Moved by Gordon Ebbert to submit the prospectus.Second by Norman Johnson.
Carried.
PIONEER WAY CONSTRUCTION AGREEMENT WITH HIGHWAY DEPARTMENT (BROADWAY
PORTION).iq/Q
A letter was read from Richard L.Weaver,Public Works Director,stating the
City is in receipt of a contract with the Highway Department for the Broadway
portion of Pioneer Way Phase II,and requests that,subject to minor modifica
tions,the City Council approve this contract and authorize the City Manager to
sign the final construction agreement,and advertise for bids next week.
Motion by Michael Boyle and second by Dr.Lindell that the request be
granted and the agreement be executed.Passed.
Meeting adjourned.
Mayor,Ott<$M.Skaug
ATTEST:"~^
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