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1969 06 24>—( *H^gJJJ> 1379 COUNCIL MEETING -Regular Session June 24,1969 Council Chambers 8 o'clock PM Present were:Gordon Ebbert,Monte Holm,Otto Skaug,Jack Eng,John Jones, Ernest Lindell and Michael Boyle. The meeting was called to order by Mayor Jones.In the minutes of the previous meeting held June 10,1969,it was noted that John Jones and Jack Eng abstained from voting regarding the CNS zone change amendment,with Michael Boyle making a motion to approve the minutes including the correction,second b^Dr.Lindell. Carried. BILLS TOTAL AMOUNT PAID GENERAL FUND $1,860.73 LIBRARY 255.00 PARK AND RECREATION 254.80 STREET 3,318.58 EQUIPMENT RENTAL 248.07 WATER AND SEWER 4,053.89 URBAN ARTERIAL 20.10 Motion by Holm,second by Eng to pay the regular bills .Carried. SPECIAL BILLS 1967 WATER AND SEWER CONSTRUCTION FUND Shinn Irrigation Equipment,Inc.,7,283.13 710 East Broadway j Moses Lake,Washington ,)Furnish and install pump and motor for Well #28, Grant County Airport -Contract 68-04 Shinn Irrigation Equipment,Inc.,1,180.0(1 710 East Broadway Moses Lake,Washington Pump rehabilitation.Transfer of pump Well #28 to Well #21 Motion by Otto Skaug to pay these special bills.Second by Jack Eng.Passed. Warrants No.2711 through 2783 in the amount of $18,474.31 were approved for payment, CONSIDERATION OF BIDS -TELEMETERING AND SHOP ADDITION A letter was read from Stevens,Thompson &Runyan,Inc.,Engineers, recommending the acceptance of Hersey-Sparling Meter Company's bid regarding Schedule I -Supervisory control System for $25,766.56 and Appleby Construction Company's bid regarding Schedule II -City Shop Addition -their total basic bid of $27,797.00 which is the correct figure after correcting an error in computing the 4.5%State Sales Tax, and recommended to accept only alternate No.6,stating that the deduc tion offered on Alternates No.1 &hTo.2 is not sufficient to justify the change. Motion by Monte Holm that the recommended bids be accepted.Second by Michael Boyle.Carried Unanimously. 13^°June 24,1969 NO.488 RESOLUTION/-APPROPRIATING FUNDS FOR TELEMETERING AND SHOP ADDITION This resolution is appropriating money to the 1969 Water and Sewer Fund Capital Outlay Budget for Telemetering and Shop Modification. REVENUE -07010 Balance $15,500.00 EXPENDITURES -Capital Outlay 715.230 Structure &improvement Telemetering &shop modification 14,000.00 Non-expenditure Reimbursement 715.258 Construction engineering 1,500.00 • Jack Eng moved that the Resolution be adopted.Second by Dr.Lindell. Carried unanimously. LIONS CLUB -REQUEST TO SELL FIREWORKS 9 b A letter was read by Attorney Lloyd Cunningham on behalf of the Lions 0 Club,that the State Fire Marshal's Office had amended the location of License No. 5262 to read,the first lot westerly of 412 South Interlake, Moses Lake,Washington,and License No.5263 to read 504 Valley Road, Moses Lake,and they were writing Mr.Davenport,the City Clerk of this Amendment.A letter from Karl Herrmann,Insurance Commissioner, addressed to Mr.Davenport,City Clerk,was also read verifying to the corrected locations for License No.5262 and License No.5263. A letter was read from Otto Jensen,Moses Lake Fire Chief,stating that for all practical purposes the locations are the same as in the proposal submitted to the Council on May 27,1969,and recommended that the permit be denied for the reasons stated in the original proposal.f—' Mayojr/:s stated that previously a decision was made and the question i is whether or not the Council is in a position whether they can reconsider this problem.It is his understanding that if the problem is the same,then we cannot reconsider without a two-thirds vote of the Council.If the question is not the same,it could be considered a different application and it would rise and fall upon#'s own merits,and called forn comments from the Council members. Jack Eng stated that as far as he was concerned he sees nothing new from the previous request. Otto Skaug - I think it is a new request -in substance some change and I consider it a new request because a new license has been issued by the State Fire Marshal. Gordon Ebbert:-Are these the same licenses or new ones ? Lloyd Cunningham -new ones -they asked to move the stand at the Pancake House.It constitutes a diference in ownership.The first application for the Vista Village Shopping Center was in the area way to the back.The Ice Cream Drive-In people said for them to put it in behind their location.It was t— formerly on the northeast corner of the shopping center about a block or one- half block from the Ice Cream Drive-in concern.Technically these applica tions differ from the original applications.'<m^ Mike Boyle stated he questioned that the only words he sees are "amended" and "corrected".The only change he can see is the location of a number of yards in location and in his opinion this is not a new application. Gordon Ebbert -that is why I asked if these are new numbers,so how can we legally vote on something the second time? /6/0 \^S%, June 24,1969 1381 Mayor Jones -the only thing that we can rule on now is whether this is a new application or the same old one and a simple majority would do just that. If it is considered a new application,then we must start all over. Jack Eng.-it's the same organization,same location,only moved it over a couple of yards. Otto Skaug -You will admit it is a new attempt? Mike Boyle -not when i don't consider it a new application. Monte Holm - I move it is a new application.Second by Otto Skaug. Those in favor of considering it a new application:-Gordon Ebbert,Monte Holm, Otto Skaug and John Jones.Opposed -Michael Boyle and Dr.Lindell and Jack Eng, It was determined a new application. Otto Skaug made amotion that the request be granted.Second by Holm. In favor:-Gordon Ebbert,Monte Holm,Otto Skaug and John Jones. Opposed:-Michael Boyle,Dr.Lindell and Jack Eng.Request granted. RUSSELL HANSEN -REQUEST FOR WAIVER OF COMMUNITY STANDARDS A letter was read from Russell Hansen regarding the Self-Service Station now being constructed at the intersection of Western Avenue and Highway 10, asking for waiver of the "Community Standards"and permission from the City Council to allow him to pave the area between the lot line of the property and the City's street,and feels that unless he is permitted to pave out to the street the appearance of the improvement will be damaged.Also would like to make an arrangement so that in the event curbs are installed,he would tear up the paving as required by the City. A letter wastead from the City Engineer,Pat Nevins,stating that the City in 1959 adopted a set of standards entitled "Community Standards"and adopted the American Public Works Association Standard Specifications,and the request for waiver pertains to one of the requirements stated in the "Commnnity Standards" so adopted:"It is the intent of these Standards that the final street development shall be continuous and for full width of street.Paving of half-street widths will be allowed only in event the street has been platted for only half the normal right-of-way width.Curbing and sidewalks for one side only of the street will be allowed on unpaved streets or under the half-street provisions." - - - "In all instances installation of curbing,sidewalks or paving shall be continuous for full length of block or to the end of platted right-of-way."The paragraphs have been interpreted to mean that permanent type paving within the street right- of-way without curbs and gutters or sidewalks are prohibited.He can only speculate on the need for complete street improvements,but reasons that may be valid are:1.Some type of delineation such as curb and gutter should be installed in between driveways. 2.The maintenance and control of drainage would be more difficult for the City without curbs and gutters. 3 .Safety has been improved for pedestrians by the addition of sidewalks. Mr.Waggener,City Manager,stated the waiver of standards,requested by Mr.Hansen,have been enforced for at least 15 ye;ars,because during a period of continuous growth,inadequate street improvements were put in.If we allow this variance,eventually the next property owner will want to do the same thing. The net result,we will never have anything but a formation of country-type streets, and without gutter and curb and drainage control.An alternative method for Russell Hansen would be to install curb and establish grade and install sidewalks, that is the only way that streets can be improved continuously in Moses Lake. Russell Hansen stated that to do it in increments is what he is trying to get away from.This street was a country road by usage only and the County finally put //?A 1382 June 24,1969 some black-top on it.Since way back in 1940 he has been trying to interest : the people in the area behind him to develop and put the street through. He is willing to put a full street in across his area.He stated that he signed an agreement that he will put in a water line.He will sign the same type agreement when the area develops to put the street in.He is spending about $8,000 on black-topping and just hates to see a strip of gravel there in the right-of-way,and it would be safer with the black-top on it.He is willing to sign an agreement with the City to take the black-top out when the area constitutes full street development. Mr.Waggener stated,if streets go in that do not meet "Standards"-but there they are,and yet now what the people really want,and yet they are not ready or willing to go for an LID on it.The paving without street installations will not insure driveway control. Mike Boyle asked if this were black-topped and later curb and gutter be put in,could this area be taken out and meet the curb and gutter require ments .Mr.Waggener commented that it would take some reshaping to do it,and he does not advocate this.By allowing this would be putting in curb and streets to go in against our Community Standards.If you are going to allow it here,the next person wo^uld hare to be allowed the same favor, and streets would result with no curb and gutter or drainage control. Monte Holm thought it would be a good many years before they will develop the remainder of the area. Mr.Waggener commented that what Mr.Hansen is proposing is that he is going to put in something that is "just good enough"-why should he go in and put in anything different later on.We are very fortunate on West Broadway -we are eliminating some of the bad road that were put in there. Dr.Lindell -the problem is the town is full of just such situations now, we should adhere to the "Community Standards". Monte Holm made a motion that the request for waiver be granted upon requirement by Mr.Hansen signing a letter that if in case of full develop ment of the area,he would take up the black-top and put in proper curb and gutter.Second by Mike Boyle. City Manager,Chester L.Waggener,asked whether a bond be posted, -that this be done.The only way we can enforce it without bond is to bring suit.In every instance bonding is required Russell Hansen stated that he saw no reason why he could not do it similiar to the agreement signed regarding the water line.This agreement tied the improvement to the land,and would go along in case of sale of the property.It might be 20 years from now before full development,and bonding companies do not like to have bonds ride that long.The property ownership above him has changed various times and a bond could possibly ride a long time before it could be ;used. Dr.Lindell stated that if we change for each one as they come,you are judging the individual only,and turn the next one down,and we should follow the "Community Standards"/.'Otto Skaug -"individual"is mis used,"situation"is better. Mayor Jones called for a vote on the motion.In favor:-Gordon Ebbert, Monte Holm,Otto Skaug and Mike Boyle.Opposed:Jack Eng,Dr.ILindell and John Jones.Request for waiver granted. Otto Skaug moved that the Engineers Office work in conjunction with the developers to install the asphalt risers.Second by Holm.Carried. June 24,1969 1383 ORDINANCE AMENDING CNS ZONE -SECOND READING &PUBLIC HEARING CONTINUED Amotion by Otto Skaug,second by Monte Holm that the matter of the /0^r CNS zone amendment be brought back into consideration at this time instead of the Council meeting scheduled for July 8th.Motion carried unanimously.This constituted a continuance of the second reading of the ordinance and a public hearing.Mayor Jones opened the public hear ing and requested that anybody here that wishes to comment do so at this time and Council members will make comments and questions later. John Dietzen -Thriftway Market in the Vista Village Shopping Center -sta ted that he represented the shopping center as such.He discussed this with the Planning Commission,and there is no one in the shopping center that is opposed to the Pizza Parlor coming into the center,or knows of anyone in the immediate vicinity that opposes it.Checked on Mr.Zornes operation and feel that he would be an asset in the shopping center. Mel Gardner,607 W.Crest Drive - I think that as Mel runs his Pizza Parlor now,more as an eating place,I have no objections. There were no written objections submitted. Dr.Lindell:-at the last meeting my objection was not to the Pizza Parlor, but the way we will change this ordinance so that specifically only one man can qualify.If we change it,and when Mr.Zorne is no longer runn ing the place,how do we control the ordinance change? Mel Zorne:-Class "A"license is a very limited license.Beer can be sold to be taken off the premises in the customer's own container,or can be consumed on the premises. Gordon Ebbert:-Does the lease determine the t'ype of business that goes into the area ? John Dietzen:-This is the condition of every tenant in the area.We were consulted about Mel Zorne.We were consulted when the tavern towanted/fcro in about 8 years ago when everybody objected. Gordon Ebbert:If we were to open up the ordinance for a restaurant with a Class "H"license,would your lease prohibit that person from coming in? John Dietzen:-Historically the tenants have been consulted. Dr.Lindell:-Does the Council want to change the Ordinance in the particular way it was written? Mayor Jones:-If the zone would include any kind of restaurant serving liquor,everybody in the shopping area would be opposed to it. Mel Zorne:-If I should sell,I can sell only with permission of the Liquor Board,also only with the consent of the Chico Franchise Corpora tion,which is very very strict. Moved by Skaug and second by Boyle that the public hearing be closed. Carried. Mike Boyle moved to accept the second reading of the ordinance.Second by Skaug.Jack Eng and John Jones request that they be permitted to abstain from voting on the motion.Opposed by Dr.Lindell.Ordinance passed. 1384 June 24,1969 ASSOCIATION OF WASHINGTON CITIES MEETING JULY 16,17,and 18 -APPOINT MENT OF THREE VOTING DELEGATES. yPp Otto Skaug made a motion to delegate voting authority to Chester L. \0 Waggener,City Manager,Charles Davenport,Finance Director and Gordon Ebbert,Councilman,at the AWC Conference.Second by Eng. Carried unanimously. LIONS CLUB -REQUEST FOR PUBLIC FIREWORKS DISPLAY PERMIT. aTjO A license issued by the State Fire Marshal was submitted for Display V*of Fireworks at McCosh Park,on July 5,1969,along with a sketch of the area showing the display to be shot out over the Lake and the roped off area for the spectators.Otto Jensen was asked for any comment and said he could see no objection,only that they employ a pyrotechnic operator to shoot the fireworks.Larry Jobin commented that the Lions Club has acquired a pyrotechnic operator,also they have checked about insurance and Keith Hansen assured them there was more than enough required.Also mentioned there would be no admission charge for the display. Mayor Jones questioned what affect this would have on the City in using City property.Mr.Waggener,said a save harmless clause or agreement with the City would be required in event of injury,would protect the City harmless from any law suit. Mike Boyle made a motion that if the Lions Club can meet the conditions stated,the permit be granted.Second by Dr.Lindell.Carried unanimously. Meeting adjourned. O/^Cx^fj^fyi(U^ M e^pr Attest: I—I