1971 11 23166$
COUNCIL MEETING -Regular Session November 23,1971
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 meeting of November 9,
1971,were approved as written upon a motion by Lindell;second by Boyle.Motion carried.
REGULAR BILLS TOTAL AMOUNT PAID
GENERAL $3,677.84
STREET 5,460.94
PARK 1,695.93
LIBRARY 658.59
URBAN ARTERIAL 12,215.88
WATER/SEWER 7,205.61
SANITATION 105.10
EQUIPMENT RENTAL 1,251.28
Motion by Hill that the regular bills be paid.Second by Johnson.Motion carried.
Warrant No's.1442 through 1528 in the amount of $32,271.17 were approved for payment.''•"-"
ORDINANCE -AMENDING MUNICIPAL CODE,CHAPTER 46 (first reading)
•10*1TheordinancewasreadinitsentiretyprovidingforamendingSection291,Chapter 46 of the Moses '
Lake Municipal Code pertaining to'Penalties for parking and parking meter violations-46.61.947,"
amending same to read that except as expressly provided,penalties for parking meter violations shall
be twenty five cents ($0.25)when paid,within one hour of the time of violation,or one dollar ($1.00)
if not paid withinone hour.
Motion by Johnson to accept the first reading of the ordinance,second by Moe.Motion carried..
•For =Hilli Moe,Johnson and Ebbert.Against:-Skaug,Lindell'and.Boyle.
ORDINANCE - AMENDING1971 BUDGET (first reading), ,^/O/O
The ordinance was read in its entirety which amends Ordinance No.618 which adopted-the 1971 Budget.
The ordinance allows a loan from the Local Improvement Guarantee Fund for appropriations to the
Library Fund in the amount of $5,000 for the repair of the air conditioning system;$3950 to the Police
Department Budget necessitating additional expenses regarding the proposed rock festival in August of
1971;and $1,000 to the Firemen's Pension Fund due to the City's participation in the Law Enforcement
and Fire Fighters Pension Act.
Motion by Moe to accept the first reading of the ordinance;second by Johnson .
Councilman Hill inquired as to the extent of the repair of the air conditioning system at the Library,and
City Manager Chet Waggener explained it was for a new unit on one of the compressors.
Motion carried.
RESOLUTION NO.542 -OFFER TO PURCHASE LOT 9,BLOCK 9,CAPISTRANO PARK (617 S.Orchard Street)
The resolution was read inits entirety;providing for the acceptance ofan offer by George and Myra .JO ^/O
Hopkins, husband anil wife, and Bessie Kilcullen Jackson,in the amount of $3,000 for the purchase of /, .
Lot 9,Block 9,Capistranto Park Addition,and authorizing the City Manager and City Clerk to execute
a Warranty Deed to the Hopkins,et al.On November 10,1970,the City Council included this property
on a surplus property listing of city-owned property to be sold at the appraised price of $3,000 appraised
as such by the Moses Lake Multiple Listing Bureau,Inc.Motion by Johnson to accept the offer by adopt
ing Resolution No.542;second by Boyle.Upon inquiry as to the exact location of the property,the City
Manager explained it is across from the Stop N'Shop Market;a small residence is on the lot,but that
the corner lot is not a part of the property.Motion carried.,
GOOD NEIGHBOR COUNCIL - DAY CARE CENTER REPORT
A letter was read from Joe Herandez,President of the Good Neighbor Council,stating that the Council
would like to change their request as outlined in their November 8th,1971,correspondence regarding
the."temporary"variance for the Day Care Center,since new developments suggest that it would be
advantageous to the City as well as the Center to ask for something more permanent than was request
ed.Attached to the letter were fourteen reasons why they felt the Day Care Center Child Developmentunit be allowed to remain in its present location,behind Central School,subject to continuing approval
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of School District No.161.The consensus of the statements were that present funding comes from the •j I
Northwest Rural Opportunities (NRO)and if the location were changedthere is a good chance that I I
Moses Lake willlose the Center,the salaries ofthe people employed there, andthe child development !'
program since NRO has no monies to move the units;no other suitable location or building has been
found;the units meet federal day care standards and meet the requirements for care of children of
various age groups;the center is valuable to the community's children and parents since more than
50 children received daily care all last year with good food,physical care and health training;also
learning English and our American patterns of community and school life,and the parents shared in
the program,and that B3CC staff members and child development specialists pledge their support.
Councilman Boyle asked Mrs.Locey if the Day Care Center is confined only to migrant children?
Mrs.Locey -Yes,to children of agriculture migrants.
Councilman Boyle -What if legislation be reversed and funding would not be forthcoming?
Mrs.Locey -They are giving us $5.00 a day per child,and we are hopeful of getting monies
in our next budget.
Councilman Ebbert -What is the main problem here -they don 't meet the code and standards?r
City Manager Waggener explained that along about in 1967 the first units of trailers were installed '
behind Central School.The request was made by the Good Neighbor Council to put them in on a
temporary basis with good faith th£funding would be forthcoming for permanent facilities.That
funding was not forthcoming.The traUers do not completely meet building code,such as the studs
are not placed exactly to code,nothing really serious,probably the construction compares to the
McCosh Recreation Center building.As far as fire code,I think there are no serious problems,
basically they do meet fire regulations.They were asked to report back to the City Council after
three years as to progress made regarding a permanent location,and at that time the progress report
ed that they were not successful in obtaining permanent facilities and the City Council granted an
extension and asked them to report back again within one year.At this time they are trying to look
realistically as to what their potential is for the future,and realistically they can see nothing in
the future of abandoning the present trailer facilities and moving into something permanent.As far
as downgrading anything in the community,they are not.They are behind Central School,and unless
people are taking advantage of the Center,hardly anyone is aware they are there.The trailers,how
ever,do not meet the zoning,since it is zoned for public buildings,(P-I).
Councilman Hill asked -how is the sanitation facility?
City Manager Waggener -They are connected to sewer.
Councilman Johnson - If they are not creating a problem,I see no reason for not allowing them to
continue.
City ManagerWaggener - ;I see no reason though for them to come back every year with a report.
Councilman Ebbert -If funding has been cut off for permanent facilities,we have no choice.
Councilman Hill asked Fire Chief Beeman if they have looked,at the buildings.
Fire Chief Beeman -Yes,they are well run and very clean and the exits actually exceed requirements.
Councilman Lindell -Rather than make an exception to the building code and to the zoning ordinance
by giving them permanent status,I would'prefer to see -them on a temporary basis,without making
a yearly report.
Mrs.Milholland -It is our greatest hope that funding will help serve the whole community and serve
all poverty programs and we have every intention of seeking to provide the wider community.Good things
in child development are talked about now more than they have ever before,and want to feel that when
we go and ask for a good program we have the community behind us.,We really have hopes for a grow
ing program and we appreciate your concern.
Councilman Lindell - If we grant a permanent permit to one development that does not meet the build
ing code or the zoning,then we are in a very bad position to turn someone else down.
Mrs.M.illholland - I can see no reason why we can't report back to you on a yearly basis.We
assure you that we are doing the best we can.
Councilman Ebbert -We would like to hear an annual report anyway;would like to know more about
your program.
Councilman Johnson -Going along with Dr.Lindell,that on a temporary basis they might have better
luck when asking for funding.I think this might help them.
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Mrs. Milholland - I might also say we are not filled to capacity nowbecause there are many who
do notqualify as migrants because they have settled down and have better Jobs andtheyare no longer
eligible. Just coming out ofthe agricultural level does not mean theyare notin need ofchildcare
and right now we have spacefor more of them,andthe term "migrant"doesnot allow us to broaden
the basis of our services..
CouncilmanLindell moved that a temporary permit for the Day Care Center be extended for a year.
Second by Johnson.Motion carried.
AIRPORT -RECOMMENDATION TO TERMINATE LEASE
Aletter was read from the City Manager stating that the City has entered into an agreement for rent-/O^^
al ofairport hangar and ground space with Russell Biggers d/b/a Big Aero Industries, onthe 19th of
May,1971.The lease provides fora rental fee of $482.00 peryearto be paidquarterly in advance.
Rentals due on January 1and April1,1971 were to be paid upon execution of the lease,inasmuch as
Mr.Biggers has had continuous use of the hangarand ground space facilities since January1,1971.
He went on to state that the City has been involved in a continuous effort to secure rental payments
from Mr. Biggers. On September 3,1971 Mr. Biggers was notified by letter that if rental fees were
not paidthe City would havenoalternative butinstigate action under Section 10,pertaining to default,
under terms of the lease.He has promised to make payments on specific dates,but failed to.Having
received paymentof $120,50 on October 13,1971 and an additional $120.50on November 16,1971,he
is currently in arrears $241.00, and will be billed an additional $120.50 on December 1,1971.Because
of the continuing default of the terms of the agreement the City Manager recommended that Section 10
of the agreement be envoked,and that all rights for Mr.Biggers to use the hangar and ground space
as providedin the agreement be immediatelyterminated.He further requested authority from the City
Council to work with the City Attorney co secure the remaining rental payments due the city for 1971.
City Manager Waggener stated that it was with a great deal of reluctance that he decided to bring this
before the City Council.We have had no particular quarrel with Mr.Biggers other than getting pay
ment of the lease fees.He further stated that he had a lengthy discussion with Mr.Biggers this after
noon,and in light of the fact that Mr. Biggers definitely promised to make payment of the $241.00 no
later than December 10th,and also assured him that from that time on he will pay all rental fees in
advance on schedule.With that promise,he stated,I would like to withdraw my request to take
action to terminate the lease.I would like,however,if the Council is so inclined,to have a specific
understanding and stipulation that the lease fees must be paid.
Motion by Hill that Mr.Biggers agreement be terminated as of December 14,1971 (the next Council
meeting)if he has not made payment to City Hall the $240.00in arrears.Second by Boyle.
Councilman Ebbert -That means it will automatically be terminated without further discussion.
Motion carried.Opposed -Johnson and Ebbert.
ACCEPTING RESIGNATION -INTER-RACIAL COMMISSION FOR HUMAN RIGHTS
A letter was read from Jack Eng stating that it is with regret that he submit his resignation from the
Inter-Racial Commission for HumanRights,however,he felt it was time for him to step down.
Motion by Skaug to accept the resignation with instructions that a letter be sent to Jack Eng express
ing the city's gratitude and appreciation for the time and services he has given as a member of the
Commission.Second by Lindell.Motion carried.
ACCEPTANCE OF COMPLETED CONTRACT 71-08 -GRADING &STORM SEWERS (FIFTH AVENUE)
A letter was read from the Public Works Director,Richard L.Weaver,stating that E.M.Gostovitch
Construction Company has now completed all work on the above contract and recommended the City
Council accept the work and enter the thirty day lien period.'
Motion by Skaug to accept the recommendation of the Public Works Direct and enter the.thirty day
lien period.Second by Ebbert.Motion carried.
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DIPLOMAS IN BASIC LAW ENFORCEMENT SCHOOL
Aletter was read from Police Chief Wm.E.Bjork stating that diplomas from Olympic College for S&ZtZ?
completion of BasicLaw Enforcement Training School,and from the Washington State Patrol Academy
for completion of pursuit driving training have been received for Patrolmen Duane VanBeek and Fred
Haynes.Chief Bjork introduced the two patrolmen and stated he is proud oftheir accomplishment
and glad to have them back on the beat..Mayor Skaug presented Patrolmen VanBeek and Haynes with
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their respective diplomas of accomplishment and congratulated them on the 400-hour Basic Training
Course by the Washington State Law Enforcement Officers Training Commission at Olympic College,
which also gave them 17 credit hours toward their associate degree in Police Science as a result of
this training.
AMUSEMENT DEVICE ORDINANCE REVIEW
Mayor Skaug stated this is a review asked for in the early part of the Fall.Any action on this was -
tabled for 60 days at that time,and is on the agenda for this meeting,since that time^as elapsed.
Councilman Moe - Do you suppose it would be possible to delay any action on this until the next
meeting because this was a last minute addition to the agenda and have not had time to look at it,
let alone study it.
Mayor Skaug - I think it would be premature myself,but reviewing of the ordinance and license
system that the City has,if not to finalize,but to come up with something at the next meeting.
Councilman Moe - I think it could be briefly outlined tonight and take action at the next meeting.
Mayor Skaug -Just for a point of information,-there is no exclusive franchise to the master license
holder.There is a $500 master license fee on the music device and $2.50 per month at the designated
place of installation.The pinball machines and games of skill machines paying off in money are illegal,
but the pinball and games of skill devices that have no particular ability to return money,are legal,
provided they have a master license of $1,000 and $5.00 per month for a sublicense.This explanation
he felt basically outlines the terms of a master license.It in no way precludes anyone from having
a master license.
Councilman Hill - I understand the,that a person .owning a juke box would have to purchase a
master license for just one machine?
City ManagerWaggener -That is true,that is our city ordinance.They are not required to have a
master license by State Code.Obviously as you review these chapters of the Code you might find
them somewhat outdated.The ordinance,in any event,needs to be revised and made more current.
The point is whether you want to retain the master license,or want to eliminate it.
Mayor Skaug -This has not been discussed here since 1967.
Councilman Moe -How has the city been doing this with the machines that exist?
Mayor Skaug -One company has availed themselves of obtaining the master license and placed the
machines throughout the various places and there has been no one-who has seen fit to enter into that
other than the present vendor.Perhaps the master license fee is an objectionable feature of the ordi
nance.
Councilman Moe -Have we adhered to the fees and licenses as required by the ordinance?
Jess Johnson of Turf Novelties,(the present holder of a master license)=stated,-no,we have not
since a year ago.We paid the monthly license only since the pinballs went out.
Councilman Lindell - Do you recall why the figure of $500 and $1,000 was set on it?
City Manager Waggener -That was before I came to Moses Lake,that ordinance was in effect since
1953.
Jess Johnson - We have paid almost $100,000 since that time.
Police Chief Bjork -During the days of paying off pinball machines,those connectedwith the pin
ball machines were operators that were not of savory character and operating machines in this area,
and that is the reason for the master license.In those,years most all the cities and towns operated
on the master license in order to have some control of the type of individual holding such a master
license.*
City ManagerWaggener - We could certainly draft an ordinance that would combinethe three sections
that we currently have, but need some guidance from the City Council whether or not youwish the
master license included.
Motion byHillthat the CityManager andthe CityAttorney drafta new ordinance pertaining to coin
operated devices eliminating the master license.•
Mayor Skaug - It might also be included in our discussion that billiard tables have also entered into
theareaofa coin operated amusement device.Would the Council wish to retain the same fee structure
of$2.50as for Juke boxes,oron permissable pinball rachines for$5.00 perunit.
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,i mr,^«o.*November 23,1971CouncilMinutes:5
City Manager Waggener -We have not really reviewed what other communities have done.Iwould .suggest that perhaps that you give us the freedom to include the fee schedule after reviewing whatisbeingdone^communities around us and in the State,and if you do not agree,it is certainly your
prerogative to change it.
Motion seconded by Skaug.
Councilman Moe - Ithink we are getting ahead of ourselves.We should instruct the City Managera^d^ty Attorney to do some research.Let us find what a good ordinance would be and get it back
to us.
Councilman Hill -The problem to me,it seems,is the licenseis unfair to anyone preferring to have a
coin operated machine on his own.
Councilman Johnson -Does the Citythenlose control?
Councilman Hill -You would need some license control.
Councilman Moe - I think we should still have a master license.I think a license as in the past,
one for $500.
City Manager Waggener -The master license is not exclusive.
Councilman Ebbert -But the way it is now,there is only one ownership?
City Manager Waggener -No,it is net.The amount ofthe business,it is.
•Councilman Boyle -What would happen ifthere were a complete reversal by the State and they
would allow cash type pinball machines,what would wedothen?
Mayor Skaug - Ifit would become less restrictive,theri we could add toit,
Avote was called for on Hill's motion.The motion lost.For -Hill,Skaug and Boyle.Against =Moe,
Johnson,Ebbert and Lindell.
Motion by Johnson to draft an ordinance in accordance with the research conducted by the City Manager
and City Attorney and then bring it to Councilat our next meeting.
Mayor Skaug - I think the time wouldbe a little brief.
City Manager Waggener -Let us say,we can make every effort to get itto you at the next meeting.
Councilman Johnson -Possibly on the December 28th meeting.
Councilman Boyle =Would youwant a master license connected with it?
Councilman Johnson - I would say so,yes.
Councilman Lindell Seconded the motion.
City Manager Waggener - I assume that you want usto research this and draft an ordinance anduse
our judgement regarding a master license,although this is still an undetermined pointthat you are
•going to have to determine.
Councilman Moe -I think that Mr.Johnson's motion is to retain a master license but to determine
the degree and the amount of money to pay for a master license.
City ManagerWaggener - What we are really '.giving back to you is drafting of an ordinance to dis
cuss and make a decision upon.No one is thinking in terms of a final ordinance.
City Attorney Calbom -Wouldn't it be better to summarize all the informatiaiafter researching.It is
subsequently premature.It seems to me that the information can be made available to the City Council
so they can make a Judgement as to what type of ordinance they want.
Mayor Skaug - I don't see a real sense of urgency here,and I think deliberation should prevail on
this.Perhaps the information should be made available to the Council first.
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Council Minutes:6 November 23,1971
City Manager Waggener -May we dothis -we do some research and bring back points that you
should consider in drafting an ordinance andnecessarilydo not put it in a final ordinance,but
points that possibly should be included inan ordinance with some alternatives,andgive you a
draft to review.
CityAttorney Calbom - I still think the term "ordinance"is wrong here.Then you are going to
comeupwith somethingthat involves discretion without making something positive.It can't even
be a rough draft.Let's get the information first.
City Manager Waggener - I don't find the conflict.The ordinance canbe accepted as presented or
they can always amend or change it.
CityAttorney Calbom - If you are going to develop one with master licnese,you are going to a
lengthy process if you are not going to havea master license.If jou are going to alternative
ordinances,then we can do that.
Councilman Ebbert -The motion called for a master license, butdidnotset anyfee forit.That
would have to be recommended in the ordinance.
The question was called for -motion carried.
EMERGENCY EMPLOYMENT ACT ALLOCATIONS
n\ff City Manager Waggener stated Uiat he had a meeting with Mr.Anderson of the Employment Security
|(JI Office,and we have been allocated four slots notto exceed 8.6 months in duration and also at a
salary notto exceed $5375 per person;that is roughly $625 per month.We would like to sign an
agreement forthe 4 positions andrequest council authorization to do so.Two people in the Building
Maintenance position of janitorial services and general building maintenance. This would include as
many ofthe public buildings that two men can handle, such as City Hall,Library,Engineering,Public
Works, Police Station and possibly ovjr into the Recreation building. Wewouldrequest authorization
to addone person to Parks Maintenance.The main responsibility forthe first 8.6 months period would
•beforthe new landscaping programs,which after established,would require an extensive weeding
period. The other position would be in the Public Works Maintenance in the Sewage Division.We
are some times short-staffed at the present time.As we add addditional sewage facilities we are
developing additional problems Ln cleaning of sewers and lift stations.We would like authorization
from the Council to fill these positions.Thereare definite restrictions of employment.We cannot
replace our present work-force withthis program,and preference requirements of veterans,and quali
fications of the people to repre sent a cross-section of the unemployedin the community. There are
other requirements as well.
This is a 90%matching program of both salary and fringe benefits.Our 10%matching can be made .up
in cash or time.The combination of supervision and equipment can make up our 10%.We are not
committed from the time we put a person on this program and not keep him if not satisfactory.The
employment must come from within Grant County and cannot go outside the County.The maximum
time from now is 8.6 months.It is expected that the program will be continued and expect that we
are training these people to become a part of the permanent work force.
Councilman Ebbert -These maintenance poeple,would they do away with your people?
City Manager Waggener -Nq,they do not.
Motion by Hill that the City Manager be granted permission to enter into an agreement with the '
WashingtonState Employment Security Department for the four positions.Secondby Ebbert. Motion
carried.
PROPOSED BUDGET FOR 1972 -SET DECEMBER 1,HEARING DATE
The preliminary proposed budget for 1972 was presented to the Council and also copies were available
to the public.
Councilman Hill asked - when must we have final approval£»
Cit y Manager Waggener -January I,providing that collective bargaining is completed in time for that
date.Mayor Skaug called for a study session regarding Jkejbudget on Tuesday,November 30,at
8:PM.Meeting adjourned at 9:40 P.M.
ID}6
Mayor,Otto M.j Skaug
Davenport
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