1971 07 261613
COUNCIL MINUTES -Regular Session July 27,1971
Council Chambers 8:00 P.M.
Members present:Councilman,Robt.E.Hill,W.B.Moe,Norman W.Johnson,
Gordon M.Ebbert,Otto M.Skaug,Ernest V.Lindell,and
Michael Boyle.
Mayor Skaug called the meeting to order.Minutes of the previous council meet
ing of July 13,1971 were approved upon a motion by Moe,second by Boyle.
Motion carried.
REGULAR BILLS TOTAL AMOUNT PAID
GENERAL $17,084.10
STREET 1,351.18
PARK 2,734.73
LIBRARY 31.10
URBAN ARTERIAL .705.28
WATER AND SEWER 5,512.98
SANITATION 23 9.64
EQUIPMENT RENTAL 2,945.16
Motion by Hill that the regular bills be paid,second by Lindell.Motion carried.
Warrant No's.789 through 874 in the amount of $30,604.17 were approved for
payment.
PUBLIC HEARING -REQUEST TO MOVE BUILDING FROM OUTSIDE THE CITY
INTO HS ZONE -MRS.M. C.OMAN /&3J-
The Mayor opened the public hearing,and called for comments from the Council.
City Manager Waggener stated that notices had been sent to adjacent property
owners in the area.There being no comments from those attending the meeting,
Mayor Skaug called for comments from the Council.Upon inquiry from Councilman
Ebbert,as to wnether the building would be moved in two parts,Mrs.Oman explained
it would,since it is an L-shaped building.Councilman Hill inquired about die
zoning to the North and West of the property,and was informed it is zoned Rl-S
in either direction,and HS along Broadway.
Councilman Boyle asked Mrs.Oman -Won't it be an arduous task bringing the
building in from Westlake -what route are you going to use by way of bringing
it into the City?
Mrs.Oman -Mr.Avery is going to bring it in either by way of the sand dunes
or toward Ephrata and around that way.
Motion by Hill that the public hearing be closed.Second by Johnson.Motion
carried.
Motion by Hill that the Omans be granted the permission to move the building
on the designated property within the City,and they post a bond in the amount
of $2 ,000 to insure completion of the structure by August 1,1972.Second by
Johnson.Upon approval by the second,Hill amended his motion to include
that the bond also insure that the building materials currently stored on the lot
be removed and the lot cleaned up by August 1,1972.Motion carried.
Mayor Skaug commented - A special permit will be issued upon posting of
the bond.
ORDINANCE NO.628 - ADOPTION OF THE 1970 EDITIONS OF THE UNIFORM
BUILDING CODE -Second reading.
A letter submitted by Richard L. Weaver, Public Works Director,stated that
upon recommendation of the Moses Lake Gas Board, Fire Department and Build
ing Inspector,the ordinance has been revised since the first reading,that will
/DSfr
1614 July.27,1971
abolish Ordinance 507 which established the Gas Board.In place of the Gas
Board,there is established a Mechanical Code Board of Appeals which should
be constituted of individuals from different trades.The Mechanical Board under
the terms of the Uniform Mechanical Code,and the amendments thereto,will
establish a Board that will review not only methods,materials and licensing
for gas installations,but all mechanical work involving building construction.
The Board will sit as a Board of Appeals for the issuance of heating and/or
comfort coolers licenses by the City for installation,and on methods and mater
ials.Also proposed that the licensing of firms and contractors be carried on by
the State of Washington using their bonding and insurance requirements for all P*"
of this work. This would mean that firms and contractors would only have to
purchase a business license from the Cityof Moses Lake.'
He recommended adoption of the 1970 Edition of the Uniform Building Code
with amendments,and that consideration be given to the appointment of a
Mechanical Code Board of Appeals as soon as possible,so that licensing
requirements and a test can be implemented.
Ordinance No.628 was read by title only.Motion by Johnson to adopt the
ordinance as amended.Second by Boyle.
Upon request by Councilman Hill for clarification of Section 11,City Manager,
Waggener,explained that the ordinance,after adoption,will be published at
the earliest possible date in the Columbia Basin Daily Herald, which is usually on
a Friday following a Tuesday Council Meeting.It will take effect five days after
publication,which in this instance will be the first part of August.
Councilman Moe -Is this the same ordinance ?
City Manager Waggener - We have a change in establishing the Mechanical
Board of Appeals.
Councilman Moe - Is this the same ordinance?If it is changed,it would be
actually the first reading.
City Manager Waggener - The Council can make amendments and changes at
the first reading of an ordinance,and it is your option if you wish to pass it at
the second reading or hold it over for more time.
Councilman Johnson -Was not this held up and changed because of the Gas Board ?
City Manager Waggener -Yes,it was.
Councilman Moe - So one of the changes is.the Gas Board and changing it
over to the Mechanical Board of Appeals ?"'./""*"
City Manager -The Mechanical Board would substitute fdr,and have,more
authority.
Councilman Moe - So you would have to appoint all new members?- - -
Also as I read this,a home owner could do his own home installation but not at
his place of business ?
n
City Manager Waggener -Where the public is involved,a licensed contractor must
do the work,but a person cannot be denied the right to do the work in his own J
home.
Councilman Hill -I have known of an instance where someone was not allowed
to do their own,-it was a residence installation,owner-occupied.This man
came to City Hall and was told he could not do the installation in his own home,
he would have to hire a licensed contractor to do the job.
July 27,1971 l6lS
City Engineer Weaver - This cannot be,the only exception is fh the electrical
final hook-up with the PUD to the house,where a home-owner cannot do it himself.
City Manager Waggener - I wish you would give us more details.
Mayor Skaug - Mr.Hill,if you were aware of this six months ago, it should
have been called to the City Manager's attention.
Councilman Hill - I will give Mr.Waggener the details.
The question was called for, and the motion carried to adopt Ordinance No. 628.
ORDINANCE -TRAFFIC CODE REVISIONS -Introduction only.
The City Manager introduced Victor H.Bishop,President,of Transportation /
Planning &Engineering,Inc.,consultants working on the Traffic Code.He
stated that a committeee working with Mr.Bishop on revising the Trg£fic g°$|nport/
consisted of John Calbom,Chief Bjork,Sgt.Baker,Richard Weaver/and Turn's elf,
and they have had 6 or 7 meetings together with the consultant putting in a lot
of hours of study and reviewing.Mr. Bishop has done a fine job of putting the
Code together and submitting drafts and revisions.Al Bjork was the Project Direc
tor on this Code as far as the grant is concerned.
Mr. Bishop stated,the Summary submitted,explains the program and its
objectives.This work was done under a federal grant, a National Highway Traffic
Safety Administration grant through the Washington Traffic Safety Commission
for which the City received 50%funding.
The objective of this project was to establish a modern traffic code,for the
City of Moses Lake.The existing code in use by the city at the start of
the project was written in 1947.Many sections were revised,added,or
deleted since that date;also there existed obsolete sections regarding to
tie-up of horses and buggies in downtown streets,etc.Periodic changes
made necessary by changing conditions in the City resulted in an obsolete
and cumbersome traffic code.Each section to be maintained or added was
then reorganized in accordance with the organization of the Washington State
motor vehicle laws,and wherever the wording was identical to a State Law,
the section was to be adopted by reference to the State law.
Some of the major accomplishments included:Reorganizing the code for ease
of updating as the State laws are amended;repealing certain obsolete ordinances;
include the "implied consent"law identical with the State law;strengthened the
"abandoned vehicle"ordinance to include vehicles that have not been registered
for one year or more.Have also adopted a Chapter for administration functions
which spells out the responsibilities and duties of,the police department and
the public works director and the things he can do without coming to the Council
for specific authorization and those things that require Council resolution.
Also the maximum general penalty has been increased to $500 or 6 months in
jail or both.Another major accomplishment is by adopting the State Statutes
by reference,they become local ordinances,and all fines may go into the
City's general fund.
Mr.Bishop asked if the Council had any questions about the Code they wish
clarified.
Councilman Hill -asked Chief Bjork regarding noisy mufflers and racing of
engines in the street.I realize that it is impossible to fully be policed,but
can anything be done about noisy motorcycles,automobiles,etc.racing up
and down Broadway especially -are we making some arrests in that area,
especially in the 800 and 900 Block on Broadway?
Chief Bjork - We take action and are making some arrests in the area,depend
ing how late in the night it is.We have experienced a lot of trouble with
mufflers,there is a fine line on what is legal and what is not,- it seems
everybody wants to hear the motor in their car.
1616 July 27,1971
Councilman Ebbert asked Mr.Bishop -Regarding adopting the State law by
reference -does it give the State Patrol authority in the City?
City Attorney John Calbom -The State Patrol can enforce the law in the City.
They have jurisdiction anywhere in town.
Councilman Hill -Does that go through the Sheriffs office ?
City Attorney Calbom -The Sheriffs office does not generally get into traffic.
Councilman Ebbert -What is meant by the definition of "play street."
Victor Bishop -Primarily for to close streets such as in the winter for sledding ^
purposes,for temporary purpose, and people living onthese streets are advised j i
to drive cautiously,and no through traffic is allowed.'
Councilman Ebbert -We have not had it designated before?
Victor Bishop -It was listed as "closed streets"for various purposes such
as "construction"and "dangerous".
Councilman Ebbert -What I am getting at is why this "play"thing,if we al
ready had it,why is it to go in there all by itself.
Victor Bishop -Spelling it out was felt necessary,since the existing code
made reference to engineering purposes,or hazardous conditions only.
Councilman Moe -In Section 291,I believe there is a change that is not our
policy now - a 50£instead cf 25£fine for paying a parking violation within
one hour.Also we have one position that we are creating,that of Traffic
Supervisor.
City Manager Waggener -The standard fine within one hour for most cities is
nqwSOC.Reference to the Traffic Supervisor is also our Public Works Director.
His responsibilities include traffic engineering also,which does not include I }
additional hiring of another person. If future growth warrants hiring of a |
separate or additional personnel as Traffic Engineer,it would not require amend-•._I
ing by adoption or a change.
Councilman Hill -Section 256 is quite restrictive regarding blocking streets
during parade time,and also issuing permits -also will somewhat restrict the
fire vehicles -are we going to have a problem during a parade?
City Manager Waggener -We had a much more detailed set of standards for
issuance of parade permits originally and felt they should be reduced appreciably.
We think there needs to be a standard for parade permits.As it stands now,we
have no control over this.That is what this is intended to do,to a point,where
a permit has to be issued by the Chief of Police,and recognized as being an
established parade.
Victor Bishop - .I would think that you would want this type of control on this,
I think the Fire Department would also want to have.
Fire Chief Beeman -We have always taken the position of relocating our equip
ment,to be able to cover in case of a fire,during a .parade,.vr
Councilman Hill asked Chief Bjork regarding the extension of time on parking
meters in effect to 6:PM instead of 5:PM."Shouldn't 5:PM be more reasonable?"n
Chief Bjork -Normal-standard rulings are 6:PM.I don't know of any city where J
parking meters are off before 6:PM.
Councilman Moe - We did not have a jay-walking ordinance here before,have we?
Chief Bjork -Yes,we did.
The Mayor thanked Mr.Bishop,Weaver,Bjork and Waggener for explaining the
changes in the ordinance.
July 27,1971 ,l617
MUNICIPAL AIRPORT FEES
A letter was read from City Manager,Chester L.Waggener,stating that policies j£Ot#
and rates at the Municipal Airport had been submitted in February 1971,to the
Council and tabled and again considered by the Council on March 23,1971.At
that time he was authorized to enter into negotiations with Russ Biggers for a
lease of the city-owned hangar and adjacent properties,and to make application
with the Federal Aviation Agency for improvement and extension of runway facili
ties .
A lease with Russ Biggers,dba Big Aero Industries,Inc.was approved by the
Council on a regular meeting of May 11,1971.The rental rate was calculated
on a basis of l|£per square foot,which included the airport hangar building.
A subsequent lease for Moses Lake Air Service was approved by the City Council
on June 8,1971/with the rental rate based on a l£per square foot rate.
The action of the City Council in granting recent commercial leases establishes
a satisfactory guideline for drafting of future leases for their consideration.
This will allow flexibility in changing the lease rate should the Council so desire.
On August 22,1961 the City Council approved a non-commercial tie-down rate of
$4.00 per month and also established a land rental rate for individual non
commercial hangars of $4.00 per month per unit,and recommends no change in
those rates at this time.
But he does request that the City Council establish the following additional
rules for operation of the Municipal Airport:
1.Transient aircraft tied down in an area designated by the Airport Manager
for a period of seven days or less will be subject to no charge.All air
craft tied down for more than seven days in any one month will be charged
one months rent,days need not be consecutive.
2.Commercial operators and the Moses Lake Pilots Association be allowed
to provide gasoline service for themselves,with no gasoline service allow
ed in conjunction with other leases.
a.That meters be installed for all water customers at the airport,with the
customer paying the normal City installation charge and that water be
sold at the normal City of Moses Lake rate for providing water service
outside the corporate limits.
Councilman Hill -How does this compare with Grant County Airport ?
City Manager -much lower.
Councilman Moe -If someone else would negotiate a lease agreement,
they would provide gasoline ?
City Manager Waggener - A commercial operator can only provide gasoline
for his own operation.
City Attorney John Calbom -Unless,if we had another fixed base operator
and that would be made a provision in the lease.
Councilman Moe - I don't think that is quite clear enough,I would improve
Item 2.It should be clarified.I think it should be deleted at the present time
and recommend approval of Items 1 and 3 only.I make a motion to that effect.
Second by Johnson.
Councilman Moe -I think Mr.Waggener can come back with a clarification.
I think he agrees it was a little dubious too.
Councilman Hill -How does the lease read -does it designate Mr.Biggers
as a fixed base operator?
City Manager Waggener -The lease does give him the privilege of selling
gasoline.The other commercial leases do not allow them to sell gasoline to
anyone else,but only have gasoline for their own use.Also can research that
further and I think I have a feeling what you have in mind regarding specifics,
I can bring it back more clarified.
Motion carried.Opposed by Councilman Lindell.
1616 July 11,1971
$l?
Councilman Moe -In the first paragraph of the City Manager's letter regarding
improvements of runway and extension?
City Manager Waggener -Rich Weaver has been in close contact with the
FAA and informed that a cross-wind runway was in conflict with the Grant
County Airport flight pattern,and finally decided not submitting an application
for cross-wind runways and be flatly denied,but submittal on the basis of ex
tension of existing runways,in order to do so we would have to acquire and/or
purchase additional property.The conflict is the flight pattern,and the FAA
makes the decision.They have told us they would not approve the cross-wind
runways.
Mayor Skaug -Does it really handicap the use of our field?
City Manager Waggener -There are times it would be desirable to have a cross-
wind runway.At least Grant County Airport exists as a public field and they
can certainly land there.
DEPARTMENT OF SOCIAL &HEALTH SERVICES -WATER SUPPLY STANDARDS
A letter was read from the City Manager stating that he is enclosing for the
Council's information correspondence received from the Department of Social
and Health Services,Division of Health,quoting Rules and Regulations of the
State Board of Health regarding public water supplies,effective January 1,1971.
Their correspondence refers to several specific sections of the Rules and Regu
lations .In regard to Planning .WAC 248-54-280 =Prior to the Division of
Health's adoption of these standards,the City of Moses Lake adopted a Compre
hensive Water and Sewer Plan for a projected 20-year period,which included
both the City of Moses Lake and the Grant County Airport.Quality Control -
WAC 248-54-430 =We have pursued a continuing program of forwarding water
samples at regular intervals to the State Health Department laboratories in
Seattle for laboratory analysis to insure the delivery of safe potable water to
our customers.
Operation WAC 248-54-440 =We have prepared annual reports covering
each calendar year since 1963 and will utilize the standard report form pre
scribed by the Division of Health for future reporting.We recognize the
need for a standardized reporting procedure so that the operation of systems
within the State can be readily compared.Two of our employees are certi
fied under the volunteer certification program,sponsored by the Pacific North
west Section of the American Water Works Association and by the Division of
Health.
Cross-Connections WAC 248-54-470,480,490;500
We do not fully comply with this standard for control of cross connections.
We anticipate working with the employees of the Division of Health in the
development,installation and maintenance of backflow control devices.
This is an additional requirement that was not required in the past.They
are still in the process of setting standards for backflow control devices.
They list several where we shall have a backflow control device,such as
the sewage treatment plant;the hospital is another and the mortuary is includ
ed.Any time there is an interconnection of two systems there must be a back-
flow control device.Any system where we do not have complete control,then
there needs to be a backflow control device connection.We welcome the
established standards so we know exactly what we have to meet.
No action is necessary this is presented to Council for their information only.
ni
i
July 27,1971
MISCELLANEOUS
International City Managers Association Conference
Mayor Skaug stated that inasmuch as our City Manager is the current
President of the Washington City Management Association,and the Inter
national City Management Association will have their convention in the late
Fall; it would be very appreciative thinking to be able to have our City
and the Washington Association represented at the International Fall Con
vention in Hollywood,Florida,and permit Chet Waggener to attend this
5-day session.
Mayor Skaug made a motion that the City Manager be authorized to repre
sent the Washington Association and City of Moses Lake at the Fall Con
ference.Second by Lindell.Motion carried.
Fire Reports -During the 4th of July Holidays
Mayor Skaug asked Fire Chief,Russ Beeman,if he had a report on fires
during the 4th of July Holiday. Were there any known fires caused by
fireworks ?
Russ Beeman - I do not have a formal report.We did have a fairly slow
grass fire season,but we did have two fires that were caused by fireworks,
one on July 1,which was on the East end of Peninsula Drive,and estimated
about $100 damage,which burned up some railroad ties and damaged a por
tion of a loading dock.The other occurred on the 2nd of July,behind the
Artie Circle.Those were the only two.Last year we had four.There were a
couple of others that were of a suspicious nature,but could not prove they
were due to fireworks.
Lake Waters
1619
/d?^6
Councilman Hill asked City Manager Waggener,that early last Spring we
asked you to talk to the Moses Lake Irrigation and Rehabilitation people
and possibly to the Bureau people on running more flushing water through the
Lake.
City Manager Waggener - I have discussed this with Clint Connelly,one
of the Directors of the Irrigation &Rehabilitation District,and he stated
their Attorney is to meet with the South Agency,which blocked it previously,
and that meeting has not been held as yet.I am not sure why they have not as
yet been able to meet,
Councilman Hill -Do you feel anything the Moses Lake District can do to
hasten it up?
City Manager Waggener -We had an early algae bloom and now the Lake
is fairly clear.There will probably be another bloom later in the Summer.
The South District is concerned about receiving algae from Moses Lake and
nutrients that will cause further algal bloom and cause blocking of their
irrigation siphon tubes.This is undoubtedly true,however,they are receiving
the same amount of algae and nutrients now as they would if a flushing program is
instituted,causing a heavy but more diluted flow of water from Moses Lake.
Motion by Johnson to adjourn,second by Skaug.
Meeting adjourned at 9:30 P.M.
<ity Clerk,Chac^es Davenport
MAYOR/i/Otto M.Skaug
ATTES