1970 02 10i j
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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.
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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