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1965 06 08997 COUNCIL MEETING REGULAR SESSION -8:00 PM _-CITY HALL June 8,1965 The City Council met in regular session with the meeting called to order by Mayor Stadshaug.Other councilmen present were: Monte Holm, Jack Eng, Gordon Ebbert and Forrest Hardin.Councilman Skaug absent. Minutes of the last regular council meeting of May 25,1965 were approved by the Council as written. APPOINTMENT TO CITY COUNCIL VACANCY Mayor Stadshaug stated that a motion from the council was in order appoint ing a new councilman.Motion by Holm,second by Hardin,that John E. Jones be appointed to serve the unexpired term of Ken McDonald on the City Council. Motion carried.Oath of office administered to John E.Jones by City Clerk Donn Kaynor,after which Mayor Stadshaug welcomed Mr. Jones as a member of the Moses Lake City Council. BILLS were audited by the Council.Motion by Hardin,second by Eng, that the bills be approved and warrants drawn.Motion carried. CURRENT EXPENSE -Total Amount Paid $2,621.64 EQUIPMENT RENTAL -Total Amount Paid 646.66 LIBRARY-Total Amount Paid 676.69 PARK AND RECREATION -Total Amount Paid 346 .34 STREET -Total Amount Paid 4,291.67 WATER AND SEWER -Total Amount Paid 27,719.97 SANITATION -Total Amount Paid 4 ,887 .55 L.I.D.-Total Amount Paid 22,246.42 MISCELLANEOUS -Total Amount Paid 2 8,669.03 TOTAL $92,105.97 SPECIAL BILLS The following special bills were read: G.O.B.No.9 Floyd O.Swenson for Library Construction - extra work no covered by change orders 32 .20 Floyd O.Swenson -change Orders No.6,7 and 8 1,108.68 Floyd O.Swenson -release of retainage -Library General Contract 22,800.22 Library 192.40 Also read was a letter from Public Works Director,Pat Nevins,indicat ing that the 30 day lien period will expire on June 10,1965 . No liens have been filed for labor or materials.Clearances have been received from the Tax Commission and the Department of Labor and Industries. Mr.Nevins recommends authorization to release the retainage on June 10,1965 . June 8, 1965 993 Don H.Swartz,Inc.-release of retainage Library Electrical Contract $4,346.62 Letter from Public Works Director,Pat Nevins,was read recommending release of 15%retainage.The 30 day lien period has expired and no liens have been filed for labor or materials.Clearances have been received from the Tax Commission and from the Department of Labor and Industries.Motion by Eng,second by Holm that the special bills for G.O.B.No.9 be paid.Motion carried. Water and Sewer Fund E.M.Gostovich Construction Company profress payment No.1 Contract 65-03 New interceptor sewers 14,994.02 Mathews Steel Buildings -release of retainage contract 64-05 Pump House for Well No.9 684.84 Letter from Pat Nevins recommending release of retainage.The 30 day lien period has expired and no liens have been filed.Clearances have been received from the Department of Labor and from the Washington State Tax Commission. Northwest Protective Coatings,Inc.,Progress Payment No.2 Contract 65-01 Protective coat ings on tanks 7,427.58 Motion by Holm,second by Eng that the special bills from the Water and Sewer Fund be paid.Motion carried. LID No.2 0 McAtee and Heath,Inc.progress payment No.1 Contract 65-02 Market Street paving 22,246.42 Motion by Eng,second by Hardin,that the special bill from LID No.2 0 be paid.Motion carried. Vouchers No.9156 through 9256 have been approved for payment this 8th day of June,1965. MARSHALL AND MEYER PROPOSAL FOR WATER AND SEWER REVENUE BONDS Mr.Bill Rae,representing the firm of Marshall and Meyer,Seattle,Washington, presented an offer to purchase for $220,000.00 par value,legally issued City of Moses Lake,Washington,Water and Sewer Revenue Bonds,1965,to be dated July 1,1965.They will pay $99.00 for each $100.00 par value of bonds,which is a total discount of $2,2 00.00.The total interest cost to the City of Moses Lake would be $132,000.00 plus discount of $2,2 00.00 which is a gross interest cost of $134,200.00 and an effective interest rate of 4.066%. The bid is submitted for immediate acceptance and should the bid be accepted,the bonds are to be delivered within 35 days from this date.Should delivery be delayed beyond this date,Marshall and Meyer reserves the right to extend the delivery date or request the return of their good faith check. Their bid is further subject to the following conditions that prior to or concurrently with the delivery of bonds the City of Moses Lake will: 1.Adopt a bond ordinance providing for certain bond covenants essentially as those contained in Ordinance No. 290 of the City of Moses Lake. 2.Furnish a parity certificate by the Citys'consulting engineers so that the parity provisions as contained in Ordinance No. 290 have been provided for. 999 June 8,1965 A good faith check payable to the City of Moses Lake in the amount of $4,400.00 was submitted with their proposal. Mr.Rae noted that the $22 0,000.00 issue agrees with the estimates given him by Stevens and Thompson,and that the 25 year maturity schedule coincides with the Pronto Foods contract with the City of Moses Lake.This proposal provides for an average annual principal and interest payment of $14,076.00. If the city accepts this proposal the $25 00.00 prospectus fee originally agreed upon with the City will be cancelled,thus providing an effective interest rate of 3.99%. Motion by Holm,second by Ebbert,that the City accept the proposal of Marshall and Meyer.Motion carried. PRESENTATION OF PARK BENCHES -SCOUT TROOP No.69 La Von Palmer,Scoutmaster for Troop 69 introduced five boys who are ready for the Eagle Board of Review.These boys are:Jim Adamson,Jeff Hollingbery, Don Hollingbery,Dave Jones and John Herzog.These boys were required to complete an individual project in fulfillment of Eagle Scout requirements.They have each individually purchased the materials and completed the construction of park benches.Cost of each bench is approximately $10.00 of which the boy scout paid $7.5 0.Mayor Stadshaug accepted the benches on behalf of the City and expressed his appreciation to the scouts. RESOLUTION -STRATFORD ROAD LID -RESOLUTION No.363 Resolution read by title only for the proposed improvement of Stratford by grading,gravelling,construction and installation of storm drainage,curbs, sidewalks and asphaltic concrete pavement and setting a date for public hearing on July 13,1965 .The City Manager explained to the Council difficulties encountered in acquisition of rights-of-way.Dick Penhallurick,owner of properties on the East side of Stratford Road,has offered to dedicate an additional 10 feet of right-of-way to the City with the provision that no local improve ment district assessments will be incurred,now or in the future,against his property.It was recommended that the Council not accept dedication of rights- of-way with that provision.All property owners along the West side of Stratford have indicated they will dedicate necessary right-of-way with the deed from the Elks Lodge having been received.However,that deed contained the provision "this deed is given upon the express condition that the Grantors shall not be required to install,maintain,pay for or contribute to the con struction,maintenance or installation of any utilities,except for the specific use of the commodity supplied.Utilities shall be construed to include streets, curbs and sidewalk."It wasalso recommended that this deed not be accepted. Mr.Waggener also pointed out to the Council that the Elks Lodge has never completed filing of the plat which would have provided the necessary street right-of-way.The Elks Lodge has now refused to grant the right-of-way that was a part of their original obligation. The City Manager suggested that the Council proceed with the Resolution establishing the Local Improvement District,granting a waiver of sidewalk construction along the East side because right-of-way is not available,and providing for construction of sidewalk along the West side of Stratford Road if rights-of-way can still be acquired. Motion by Hardin,second by Eng,that Resolution No.363 be adopted by the City Council.Motion carried. June 8,1965 1000 ORDINANCE -LITTER CONTROL An Ordinance declaring it a public nuisance to deposit or leave rubbish,//v debris or litter upon public or private property within the City of Moses Lake and prescribing both civil and criminal penalties for a violation thereof,read for the first time by title only.Motion by Holm,second by Ebbert,that the City Council adopt the first reading of this ordinance.Motion carried. ORDINANCE -DOG CONTROL An Ordinance requiring the licensing of dogs,prohibiting dogs to run at large or ' allowing vicious dogs to endanger any person;placing enforcement in the Police Department;providing for the impounding and confinement of dogs;making violations hereof a misdemeanor;and repealing Ordinances No.120 and 265,read for the first time by title only. City Manager Chester L.Waggener explained changes made in this ordinance from the original rough draft.Section 2 had the added provision that lost tags will be replaced by the City Clerk upon payment of an additional fee of .5 0.Section 4 provides that any dog that has bitten any person shall be confined for observation purposes for not less than 14 days.Section 8 provides that the written record of dogs impounded shall be kept in a record book at the City of Moses Lake Police Department,rather than posting notices on the bulletin board at City Hall,as originally provided.It adds the provision that if the dog is not claimed within 48 hours,exclusive of holidays and Sundays,from the time of impounding the dog shall be put to death.In addition to those changes,the original paragraph stipulating the citation procedure has been eliminated.Although it is still the intent that dog owners shall be cited into court, this procedure is prescribed by the Courts of the State of Washington,and are subject to change by the courts.Prescribing the procedure by Ordinance would have eliminated such flexibility.Motion by Hardin,second by Eng,that the first reading of the ordinance on dog control be accepted.Motion carried. •ORDINANCE -PARK AND RECREATION COMMISSION , An Ordinance creating a Park and Recreation Advisory Commission for the City of J Moses Lake,Washington,defining terms of office,duties and powers and repealing Ordinance No.281.The City Manager stated that the principal purpose of this ordinance is to enlarge the advisory commission from three members to five.This is in accordance with the request presented by the Parks and Recreation Commission. While statutes of the State of Washington provide for a three member commission,when those statutes were originally adopted Park Commissions were administrative.At a later date,the Council was given the discretion of establishing an advisory commission but the provision on membership was not changed.It is the opinion of the City Attorney that under the Council-Manager form of government,the Council has the perogative of establishing any advisory commission they may desire.Inasmuch as the advisory commissio can in no way commit the council or serve in any administrative capacity,there seems to be no problem in enlarging the membership.This ordinance also streamlines and abbreviates the original ordinance.Motion by Eng,second by Hardin,that the City Council accept the first reading of this Ordira nee.Motion carried. ORDINANCE -PARK AND RECREATION DEPARTMENT An Ordinance creating and establishing a municipal Park and Creation Department for the City of Moses Lake,Washington,prescribing the powers and duties of such department,providing for the appointment of Director of Parks and Creation,and re pealing Ordinance No.282 and all other Ordinances in conflict therewith was read for the first time by title only. This Ordinance is presented for the City Council's consideration as a streamlining of the original ordinance so as to coincide with Council-Manager form of government and with the proposed ordinance on the Park and Recreation Commission.Motion by Hardin, second by Holm,that the City Council accept the first reading of this Ordinance.Motion carried. 1001 June 8,1965 ORDINANCE -REVISING ELECTRICAL CODE J?)'An Ordinance revising Ordinance No.476 relating to electricity and revising the schedule of fees,and inspections,read for the first time by title only.A letter was read from the Building and Planning Director Merle Hoeft explaining the reasons for the change in Ordinance.Motion by Holm,second by Ebbert, that the City Council accept the first reading of this Ordinance.Motion carried..r—\ ORDINANCE -1964 EDITION -UNIFORM BUILDING CODE An Ordira nee adopting the 1964 Building Code and its appendix relating to and regulating the erection,construction,enlargement,alteration,repair, removal,demolition,conversion,occupancy,equipment use,height area and maintenance of all structures within the City of Moses Lake,providing for issuance of permits,collection of fees,penalties for violation,establish ing fire zones and repealing Ordinance No.439 and all other ordinances or parts of ordinances in conflict therewith was read for the first time by title only.A letter was also read from the Building and Planning Director Merle Hoeft explaining that a committee was formed composed of two con-' -*• tractors,two architects and himself to review the changes incorporated with in the 1964 Edition of the Uniform Building Code.They have recommended certain changes or modifications to suit individual characteristics of the City of Moses Lake.Mr.Hoeft explained some of the changes suggested by the Committee which are incorporated in this ordinance.He also explained that most cities in the Western United States,including almost all cities in Eastern Washington,are using the Uniform Building Code.The 1964 Edition is an updated revision of the Code currently in use by the City of Moses Lake. Motion by Hardin,second by Eng,that the City Council accept the first reading of this Ordinance .Motion carried. I KNOLLS VISTA 19th ADDITION -FINAL PLAT A letter was read from Building and Planning Director Merle Hoeft indica ting that the Plat was unanimously approved by the Planning Commission subject to the following,two provisions: 1.Satisfactory certificate of ownership of the land 2 .Correspondence from the Pilgrim Congregational Church providing for satisfactory repayment for water and sewer mains Item No.1 has been complied with,and a verbal statement has been given by a representative of the Pilgrim Congregational Church although no letter has been filed.Motion by Holm,second by Eng,that the City Council accept the final plat of Knolls Vista 19th Addition,subject to receipt of a letter from the Congregational Church regarding repayment for water and sewer mains.The City Engineer is instructed to delay recording the plat until that letter has been received.Motion carried. UNITED STATES BUREAU OF RECLAMATION WATER AND SEWER LINES RELEASED TO CITY A letter was presented from General Services Administration,acting on behalf of the United States of America,has determined that government owned water and sewer lines,described in their letter,have no commercial value and are hereby donated to the City of Moses Lake.The agreement stipulates that,in return for this donation,the City of Moses Lake will: 1.Integrate said lines into the municipal water and sewer systems 2.Provide necessary maintenance to replace,renew or repair said lines as needed in accordance with existing standards and practices of the City of Moses Lake 3.Provide sewage service to adjoining federal property without charge for as long as it is government owned. V June 8,1965 1002 4.Provide water service to adjoining federal property at a charge no greater than for a like service to others served by the City. 5 .Accept and make a part of the agreement the attached Notice to and Agreement by recipient of federal financial assistance Civil Rights Act of 1964. Motion by Hardin,second by Holm,that the Mayor be authorized to sign this letter as accepted by the City of Moses Lake.Motion carried. FRIENDSHIP DAY - REQUEST FOR ADVERTISEMENTS ON PARKING METERS A letter was presented from Russell J.Goldberger,First Lieutenant,United States Air Force,Director of Information,requesting permission for the Friend ship Day Publicity Committee to place promotional signs on parking meters in Moses Lake starting on June 23,1965 .Motion by Hardin,second by Ebbert that permission be granted.Motion carried. ASSOCIATION OF WASHINGTON CITIES ANNUAL MEETING JQQ^ Mayor Stadshaug reminded the Council of the forthcoming annual meeting of the Association of Washington Cities on June 16,17 and 18 in Tacoma,Wash ington.It was confirmed that Mayor Stadshaug,Councilman Hardin and City Manager Chester L.Waggener will attend that meeting. AGREEMENT -WASHINGTON STATE DEPARTMENT OF HIGHWAYS -STRATFORD ROAD J00°/ Public Works Director Pat Nevins explained this agreement to the City Council, which provides that the Washington State Department of Highways will provide engineering supervision,award contracts and otherwise incorporate the con struction of Stratford Road into their project for four lane paving of 11-G and construction of the interchange at Secondary State Highway 11-G and Stratford Road.The City of Moses Lake agrees to reimburse the Washington State Highways Department for the actual cost of construction along with engineering and overhead costs.It is anticipated that lower costs will accrue to the City of Moses Lake by virtue of consolidation with a larger project.Motion by Holm, second by Hardin,that the City Manager and City Clerk by authorized to sign this agreement. Meeting adjourned. ATTEST: y)nAh/l <'MUMS City Clerk APPROVED AS TO FORM: City Attorney -V,