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1970 02 10i j u j-W COUNCIL MEETING -Regular Session Council Chambers February 10,1970 8 o'clockPM Present were:Bill Moe,Norman Jbhnson,Gordon Ebbert,Otto Skaug, Dr.Lindell and Michael Boyle. Not present:Councilman Bob Hill. Mayor Otto Skaug called the meeting to order.Minutes cf the previous meeting of January 27,1970 were approved as written upon a motion by Norman Johnson; second by Bill Moe.Carried. REGULAR BILLS GENERAL FUND LIBRARY PARK &RECREATION STREET URBAN ARTERIAL EQUIPMENT RENTAL WATER &SEWER SANITATION TOTAL AMOUNT PAID $1,730.84 1,117.69 725.06 4,896.05 222.33 4,061.05 3,517.33 7,027.04 Motion by Michael Boyle to pay the regular bills.Second by Dr.Lindell.Passed SPECIAL BILLS WATER FUND Frank L.Zimmerman 2004 S.Belair Drive Moses Lake,Washington 4,395.47 Payment for Contract 69-07 -Drilling of Well No.10,Estimate No.1. Moved by Gordon Ebbert that this special bill be paid.Second by Norman Johnson Passed. URBAN ARTERIAL FUND Lewis-Redford Engineers,Inc.$392.14 Dorset Building 100 -116th Ave.S.E. Bellevue,Washington 98004 For Professional Services -work performed through 12/31/69 regarding plans and cost estimate for construction of Urban Arterial Board Project 8-3-162-(1)from its northern terminus at Alder Street to a point immediately south of Wheeler Road. Labor fee this period based on Section 5 of the Contract date 8/14/68 and amended by letter dated 4/2/69. Moved by Dr.Lindell that this special be paid.Second by Bill Moe.Carried. Warrant No's.7879 through 3950 in the amount of $28,085.00 were approved for payment. 1438 1439 February 10,1970 Pi ORDINANCE NO.606 -PROVIDING FOR VOLUNTEER FIREMEN"S RETIREMENT [0 SYSTEM. The ordinance was read by title only providing for enrollment of Volunteer Firemen of the City of Moses Lake Fire Department in the Statewide Volunteer Firemen's Pension System and adopting by reference Chapter 41.24 of the Revised Code of Washington. A letter was read from the City Manager requesting authorization for the City to participate in the retirement system.Previously the City was required by State law to participate in the disability portion of the f^ system at an annual cost of $5.00 for each Volunteer Fireman.Partici pation in the retirement portion will cost the City an additional $10.00 per employee per year.Each Volunteer Fireman who elects to participate will pay $12 .00 annually into the system.No minimum number of enrollees are required.Funds are provided in the 1970 Budget for this purpose. Otto Jensen,Fire Chief,noted that the City presently has sixteen Volun teer Firemen.At the present time eight or nine have chosen to participate and eventually all of the Volunteer Firemen will choose to participate. Moved by Bill Moe to adopt the ordinance and waive the second reading. Second by Michael Boyle.Passed unanimously. MOBILE FOOD CATERING ON PUBLIC RIGHT OF WAYS \p Aletter was read from City Manager Waggener stating he received a request from Ralph Melikan to allow catering trucks to serve from the streets.A Business License was issued to Pheasant Run Mobile Catering without realiz ing that he intended to serve from public right of ways and felt the City Council should make a determination regarding this type of business. A letter was read from Ralph Melikan,operator of the Pheasant Run Mobile Catering Service,formally requesting clarification from the City Council allowing his catering trucks to serve from curb side if and when necessary. He noted that mobile catering is a new business to the Moses Lake area, however,there are many thousand of these trucks operating throughout the country.Also mentioned they have proper licenses,health permits and adequate insurance. A letter was readfirom John Taylor,Building Inspector,stating concern regarding the increased debris this type of business creates,and that a mobile unit conformance with the Zoning Ordinance would require constant surveillance to determine if the business is located in the proper zoning location to operate;the schools for instance,he mentioned,are in zones which do not permit restaurants.He,therefore,recommended not permitting this type of business to be allowed to operate in the City and on public right of ways. Ralph Melikan was present and also John R.Lewis,Attorney,representing him.Mr.Lewis pointed out that the trucks are not parked in an area for long lengths of time before they move on to another area.They have a time schedule making stops at the Frontier Junior High School,Len's Fashionette Beauty College,Big Bend Community College,American Potato,Job Corps, Japan Air Lines,etc.Local people operate the trucks for him,and his base of operation is located about six miles out of the City towards Warden on Highway 17.Mr.Lewis asked the Council to allow him to operate for six months or even three months and if people complain where the truck is locat ing and considered a nuisance in some way or another,they would cease operation in the area.He went on to say that the Pheasant Run Mobile Catering service has been operating in Moses Lake since January 2,1970. 1440February10,1970 Duane Leitzke,Vice-Principal at Frontier Junior High,stated they have run across problems regarding the mobile catering truck.They have noted a drop in their lunch program and have considerable debris in front and at the side of the school. Bus drivers have also complained of debris;the students are buying food from the truck and jump on the bus and throw the debris around or leave it on the bus. Also teachers on duty are noticing students borrowing money from one another to buy from the mobile food truck,and as a result borrowing money will lead to trouble.Mr.Leitzke requested the City Council take these items into consideration.He also asked,if the service was allowed to continue,that the truck use Dogwood Street only.He was expressing the feeling of Frontier Junior High only. Mr.Melikan stated he does not sell cigarettes from the trucks;asking for identification etc.,proved to be too much trouble. Police Chief Bjork expressed concern because the business is keeping traffic from moving on the streets and the possibility of accidents.He considers the business a traffic hazard especially at the 3rd Avenue location near the Beauty School.It is his feeling the streets should not be cluttered up with business; the streets are for traffic and to keep it moving is very important. Gordon Ebbert stated he has seen this type of catering service in Seattle, but they are not operating on public right of ways. Mayor Skaug suggested the Council study this and not take action on this matter at this time,and in the meantime,perhaps contact other cities concerning ordinances they may have regarding mobile food vending services particularly if they are occupying public right of ways. Bill Moe asked if the City could be liable for an operation on public right of way if they should have an accident? Ray Norman,of Rogers &Norman Insurance Agency,which carries the insurance coverage for the City,stated it would not affect the City what soever.The City would be insured up to the full limits of their liability. Motion by Gordon Ebbert to postpone the matter for further study and allow Pheasant Run Mobile Catering service to operate for approximately three months pending further study and reconsideration of the status at the end of that time.Second by Norman Johnson. Michael Boyle stated he was more concerned about the safety factor than the legal factor.If the Council waits for three months to determine whether there are any formal complaints,a child could be injured,and asked if this is the type of complaint they have to wait for? Gordon Ebbert stated it is not a matter of waiting for complaints,it is a matter of whether it is legal for the food service to operate on public right of ways. John Calbom,City Attorney,stated it is not a legal problem,the fact is whether it is a violation of an ordinance,and we do not have a legal problem in that sense. Dr.Lindell -according to the zoning,.he can qualify in certain locations and not in other locations,this is where the possible legal connections comes in. John Lewis asked the Council to give it a chance,since no formal complaints have been filed. Mayor Skaug asked the Secretary to read the motion as stated by Gordon Ebbert and seconded by Norman Johnson.The Council voted in favor of the motion 1441 February 10,1970 0 ANNUAL GASOLINE BIDS Iq A letter was read from Charles Davenport,City Clerk,requesting authoriza tion by the City Council to enter in the joint bid with the School District and the Port District for gasoline requirements for the fiscal period of April 1, 1970 and to March 31,1971.This practice has been carried on for a number of years and has saved the City several hundred dollars per year. Moved by Dr.Lindell granting authorization to enter in the joint bid for gasoline requirements.Second by Michael Boyle.Carried unanimously. RESIGNATION FROM INTER-RACIAL COMMISSION oa?A letter was read from E. J.Ebel,submitting his resignation from the Inter- Racial Commission for Human Rights,due to various circumstances and committments. Mayor Skaug commented this was presented to the Council for informational purposes and that a letter will be directed to Mr.Ebel to concur with his resignation. APPOINTMENT -PLANNING COMMISSION 0 Mayor Otto Skaug requested confirmation of the appointment of Leonard Gardner to the Moses Lake Planning Commission,to serve a six-year term,expiring December 31,1975. Motion by Bill Moe to confirm the appointment.Second by Dr.Lindell. Carried unanimously. GOOD NEIGHBOR COUNCIL - DAY CARE CENTER RELOCATION H A letter was read from Arden Fritz,Secretary of the Columbia Basin Good Neighbor Council,stating they have an opportunity to relocate the Day Care Center,which is presently located behind Central School,to a proposed new site which is offered by General Services Administration,located near the Watermaster's Office of the Bureau of Reclamation,and is seeking an advisory opinion from the City Council.The City Council granted a Special permit,and has since extended it,for their present location and that the location is in violation of the Building Code and the Zoning Ordinance,which sets a dangerous precendence,and they feel obligated to remove that pre cedence.The proposed site would be a properly zoned area,but if they continue using the mobile units,the building code would not be met.They are in hopes of obtaining permanent facilities,if they can qualify to operate under a new program called "Coordinated Community Child Care"which would broaden the base of the Center and be allowed to care for more than Migrant Children. Mayor Skaug stated they should be encouraged to pursue this trend,since there is a possibility under the 4-C's program they may be eligible for money to renovate or construct a building to make it suitable for permanent facilities. The Good Neighbor Council should keep the City Council abreast of the pro gress they are making and hope they will be successful which would give them more freedon to operate with this type of Center,and in turn enable more pre school children to attend the Center. 1442 February 10,1970 WATER SYSTEM LEAK DETECTION PROCEDURE - FOR COUNCIL INFORMATION. Water Superintendent,M.G.MacLanahan,presented telemetering charts, sonoscope and an electronic leak detector used to pinpoint underground leaks in the water system.More than 50 percent of the leaks found in the past three years have been located with means other than visual observation of water running along the surface.Last year's leakage was 5%loss;anything less than 15%loss is considered a good system and 10%loss is considered an exceptional system. Mayor Skaug complimented Mr.MacLanahan for his presentation and explanation of the charts. Meeting adjourned. Mayor,Oito M. Skaug ATTEST