1972 09 12COUNCIL MEETING -Regular Session September 12,1972
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 and called for approval ofthe minutes of the previous meeting
of August 22,1972.Motion by Hill that the minutes be approved as written.Second by Boyle.
Motion carried.
REGULAR BILLS TOTAL AMOUNT PAID
FUND $
GENERAL 8,128.09
STREET 3,633.34
PARK 534.63
LIBRARY 362.81
.URBAN ARTERIAL 63,533.29
O WATER/SEWER 14,333.07
|s,SANITATION 32.50Q0EQUIPMENTRENTAL1,625.62
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Motion by Lindell to approve the bills for payment.Second by Boyle.Motion carried.
Warrant No's.3007 through 3101 in the amount of $92,183.35 were approved for payment.
CONSIDERATION OF BIDS -LARSON PIAYFIELD SPRINKLER SYSTEM MATERIALS
Bid for Larson Playfield sprinklersystem materials were opened at 2:00 P.M.on September 12, 1972,
and Consolidated Suppliers of Spokane,Washington submitted the low bid of $4576.35.The Engineers
estimate was $4583.00.Motion by Boyle to accept the bid of Consolidated Suppliers.Second by Lindell.
Motion carried.
CORRESPONDENCE -VERNON NASH
Aletter was read by Vernon Nash addressed to the City Council regarding better comprehension of issues /(su/
at the Council meetings,and proposed the Council alter its method of presenting visual aides.He stated
that plans,maps,sketches or blue prints are presented to Council only and the spectators are deprived of
viewing them. He suggested they have prearranged sectional photo slides for viewing which would facili
tate observation by the audience as well by use of projector and slides to be viewed on the screen already
positioned in the council chamber.
MayorSkaug commented that Mr.Nash's suggestion is well taken; that slides and necessary information
can be photographed andprojected on the screen.City Manager Waggener commented that he heartily agrees
with the comments and with Mr.Nash's letter.We have run into some problems with visual aids.Color
slides would be an ideal way to present them,but with a greater effort on our part we can do a better job.
We urge people to attend the council meetings, but they cannot see what is being presented.Atthis meet
ing tonight there will be presentation with the overhead projector.The real problem is with construction
plan projects,and possibly will have this in the future.
Councilman Hill stated that something that we have discussed before and still feels that we have some
thing better in a Public Address system;manyof our comments cannot be heard by the audience;we
certainly should Investigate it again.The City Manager agreed and stated that there are improvementsin publicaddress systems and perhaps there is something available that would do the job, and will look
into it again.
RETAIL TRADES DIVISION -CHAMBER OF COMMERCE -REQUEST TO COVER METERS FOR VALUE DAYS /j,*--
A letter was read from Neil Lucke,Retail Trades Division Chairman,asking for favorable consideration
to their request that parking meteres be covered on the 13th &14th of Octoberduring their Value Days sale
promotion. Motion by Boyle to grant the request.Second by Johnson. Motion carried.
RESOLUTION NO. 579 - SIXYEAR STREET CONSTRUCTION PROGRAM 1973-1978 -Public Hearing
Mayor Skaug opened the public hearingand the Public Works Directorpresented an aerial photo of themajorarterials,secondary streets,collectors,conceptual arterials andcollector conceptuals.He explain
ed the basic part of the six-year street program is the priority project listing as previously presented at the
meeting of August 22,1972,and again went through the project listing withan estimated total needs for
city street construction for the period 1973-1978 amounting to $8,072,300.
Upon inquiry by Councilman Hill, the Public Works Director explained that if conditions change we can
readjust our priority schedule.The street construction program funding is by one-half cent gas tax monies-,
LID's,Urban Arterial monies,T.O.P.I.C.S funds,etc.
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Council Minutes:2 Septembers,1972
Wayne Rimple questioned Item No.16 (Alder Street (couplet)BroadwayAvenue-Division Street).He
hoped that the High School traffic will be diverted to Pioneer Way.City Manager Waggener explained
that Item No.1 (Division Street (Sec.Ill)Intersection of Fourth &Fifth Avenue)may take care of the
problem.The Six Year Program is amended every year,so we may take a look at it again within a year.
Councilman Johnson noted that Peninsula Drive has been set down to Item No.20;thinks that is pretty
important out there.Richard Weaver stated that Peninsula Drive is a tough one because it is a narrow
street andpaved now,but the kids walk right down the middle.It is an alternate because you can go
down Broadway,and perhaps that is why the priority is low.
Motion by Hill that the public hearing be closed.Second by Johnson.Motion carried..
Motion by Johnson to accept this program as submitted by the Public Works Director for the six"-year
construction period 1973-1978 by adopting Resolution No.579.Second by Boyle.Motion carried.
ORDINANCE NO.649 -RESIDENTIAL UNIT DEVELOPMENT -2nd reading -public hearing.-.*
Mayor Skaug opened the public hearing by asking Larry Hlbbard,Community Development Director,to
summarize the effect of the ordinance amendment.He exhibited several sketches showing an alternative
to the standard traditional type of grid system development.RUD provides a different type of design with
a combination of different size lots,less utilities and underground,more open space and small individual
lots in most cases,and more area devoted to public use.The ordinance is written for very flexible use.
The main point is that the minimum size.is two acres to fulfill the concept of the development to be consider
ed by the Planning Commission.
The procedure for going through this is that a developer would come in with a proposed development to the
Planning Commission with a plat plan and how he is going to meet the requirements of the ordinance.The
.Planning Commission would approve the plan before he can proceed with construction,and he is issued
an occupancy permit if no substantial change is made from the approved plan.
Mayor Skaug asked for comments or questions from those attending the hearing;there were none.He then
closed the hearing to the public and asked for comments and questions from the Council.
Councilman Ebbert asked if the buildings would be segregated or integrated,and Larry Hlbbard explained
that would be basically up to the developer and approved by the Planning Commission.He also wanted to
point out that a public hearing is required and any objections by neighboring developments are hoped~to be
heard at that time.
Upon inquiry by Councilman Boyle,Larry Hlbbard explained that the ordinance requires setbacks around
the perimeter,and basically adjacent existing structures would be protected the same way they are now
with buffer and setback requirements.• 'y . •
Councilman Ebbert inquired how does this affect the Fire Departmentwith the streets laid out in a random
pattern and get on the wrong street wasting time getting the big vehicle turned around?Russ Beeman,
Fire Chief,had no real comment,nothing against it and is sure they would cope with it;would not be
difficult to be dealt with.
Moved by Johnson that the public hearing be closed.Second by Lindell.Motion carried.
Motion by Hill that the ordinance be adopted.Second by Boyle. Motion carried.•/
PINE DRIVE -STREET CLOSURE i
Aletter was read from City Manager Waggener,stating that the Council decided to delay action until
the regular meeting of September 12 on the basis that Grape Drive may be substantially completed and that,
traffic counts may be more meaningful.Inasmuch as Grape Drive has not been completed,and therefore
nothing has appreciably changed,suggested that further consideration of item be again delayed,perhaps
to the regular Council meeting of October 10th.
Motion by Johnson rather than delay it to a specific date as of October 10th, to take action until such timetrafficcountscanbeeffecteduponcompletionof Grape Drive.Second by Boyle. Motion carried.
RESOLUTION -STREET NAMES IN WESTLAKE
Aresolution was read naming two streets in the recently annexed Westlake area.Thefrontage road north
of Interstate 90 be named Prichard Road;the frontage road south of Interstate 90 be named Longston Road,
and the road commonly known as Dune Road be renamed Sage Road.
Motion by Moe that the frontage road north of 1-90 be named Concord Road;the frontage road south of
1-90 be named Prichard Road,and the road commonly known as Dune Road be renamed Sage Road.Second
by Hill.
Russ Beeman,FireChief,mentioned to the City Managerthat there is a Concord Street in the City, and •Chet Waggener asked the Public Works Director to check if it is a platted street.He reported on the address
ing and street naming map and adopted by the City Council there were two unplatted streets that of Concordand Malaga.They are not platted streets,but whenthe council set upa street naming and adress system
they did give those street names.
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Council Minutes:3 September 12,1972
Mayor Skaug stated then in viewof that he moved to table any further discussion until the second
meeting in October.Second by Hill.Motion carried.
1 'MILLER HOMES - PROPOSAL REGARDINGSEWER UTILITIES
/Aletter was read from LeRoy Gmazel of Jones Associates,Inc.,Civil Engineers,representing Miller //CS^
Homes,Inc.,stating that at the August 8, 1972 City Council meeting they asked for time to discuss
with their client the recommendation made by City Engineer,Richard Weaver,regarding the Sanitary
Sewer System for the Travelcenter Site.Since then they have conferred with Mr.Miller and find that
they are in agreement with the recommendations made by the City Engineer.After formal approval by
the City Council,final design plans and specifications for the sanitary system will be prepared and
submitted for Council consideration.
The sewer system as recommended by the City Engineer is:Beginning at man hole at Monroe Street
'and Nelson Road an 8"gravity sewer in and along Nelson Road to its intersection with Pioneer Way;Q thence southeasterly along and in Pioneer Way to its junctionwith SR 17;thence with a pressure mainJ^along SR 17 toits junction with County Road 1N.E.;then along County Road No.1 N.E.with an 8"?/s 'gravity sewer and force main toa sewer lift station located in the County Road right ofway.All utili-Y~x 'ties in public right ofway,with utilities to be turned over to the City of Moses Lake for operations
»5 and maintenance.
O •Motion by Boyle to approve the installation of the sewer system according"to the recommendation
•stipulated by City Engineer Richard Weaver.Second by Lindell.Motion carried.Opposed by Johnson.
UNIFORM LITTER CONTROL CODE -DEPARTMENT OF ECOLOGY
Aletterwas read from City Manager,Chet Waggener,stating that Art Hugo,Department of Ecology,/C/cT</^
has requested the opportunity to discuss a model litter control code with the City Council.He suggested
that it be presented for discussion only at this time.
Art Hugo presented the Council members with material regarding the Model Litter Control Act of 1970.
The Legislature drew up an alternative to Initiative 40,and both will be on the ballot in November.He
submitted a Digest &Comparison of 40A and the present effective 40B.The purpose of the Act is to
control litter throughout the State.Along with fining people for littering it also provides for a public
education program,showing slides in public schools and for different organizations.Funding is reallz-
— ed througha B&OTaxlevied against businesses manufacturing litter related products such as packages,
-wrappings or containers,and sold in this State.The amount levied is one and one-half hundreths or
one percent in the case of manufacturers,and equal to the gross proceeds of the sale of the business with
in the state multiplied by oneand one-half hundredths of one percent in the case of sales at wholesale,x -and/or at retail.The present Acthas been effective since May 21,1971,and since then the Department
£•/of Ecology has had money to implement this program.
'He also presented a model ordinance and guidelines.The purpose of the ordinance is to provide a model
'for local litter control ordinances.Basically every city has a litter problem,and there also are items in
the model ordinance that could be left out,and the city might want to add to it.He was asked if there
"was a time limit on this.Mr.Hugo stated that a city might want to wait and adopt the ordinance after
November whether or not the State law is passed or not,but he emphasized that if the city does not have
a litter control ordinance as such and someone is prosecuted under the State law,the money from the fine
will go to the State because the city does not have an ordinance,otherwise it will go to the City.
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-Mr.Hugo stated that he is available to return and discuss the litter ordinance in detail in the future if
the Council wished.Mayor Skaug thanked Mr.Hugo and stated he is sure the Council will take this
under study and possibly invite him back at a later date.
ORDI NANCE NO.650 -UNIFORM FIRE CODE -2nd reading
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A letter was read from the Assistant Fire Chief,Don Garrison,stating that in order to update our present
•Fire Code and keep abreast of changes in fire prevention standards,he is requesting that Ordinance #208
be repealed and replaced with an ordinance adopting the 1971 edition of the.Uniform Fire Code.The Uni
form Fire Code was purposely written to be compatible with the Uniform Building,Mechanical,Housing
and Plumbing Codes,and does use the same National Standards as reference.In adopting the 1971 Uni
form Fire Code,Section 4,Sections 12.102 and 12.103 are repealed,as these sections deal with bonding,
insurance,manufacture,sale and discharge of fireworks,which is covered by our City Ordinance #642.
-Alsp Section 15.704 (F)is amended in order to maintain our present standards for self-service gasoline
stations.The 1971.Uniform Fire Code has been adopted by the State Fire Marshal's Office and therefore
may be adopted by reference.
'—'The ordinance was read by title only.Motion by Boyle to adopt the ordinance.Second by Lindell.
Motion carried"!
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Council Minutes:4 September 12,1972
ORDINANCE -ESTABLISHING ZONING AT MUNICIPAL AIRPORT -1st reading
A letter was read from Larry Hlbbard,Community Development Director,stating that the Municipal
Airport was annexed to the City last March,and like all unzoned areas annexed,it automatically '-»,
was zoned R-1S.This-zone does not permit expansion to existing businesses at the airport.
The Planning Commission considered this at their last meeting and recommended that the Council
rezone approximately 60 acres,including and adjoining the landing strip where businesses are ".
located to M-2,light commercial.It was the Planning Commission's further recommendation that
the remaining 100 acres at the airport remain R-1S and that it be leased if water can be made available.
Councilman Ebbert inquired if the FAA concurs,and Larry Hlbbard explained that it is pretty much a
procedural thing that the buildings that are there will be conforming uses.If the other land is to be
leased,we will have to look into the standards of the FAA,they may insist that no buildings be built .
within a certain distance.
Motion by Johnson to adopt the first reading of the ordinance.Second by Hill.Motion carried.
ORDINANCE -REGULATING DISPLAYSAND STORAGE IN COMMERCIAL ZONES -1st reading
A letter was read from Larry Hlbbard,Community Development Director,stating that the existing ordi
nance relating to storage and display in commercial areas of the City is extremely restrictive,unclear
at several points,and most difficult to administer.After being unable to resolve numerous complaints
with the existing ordinance,the matter was referred to the Planning Commission.Following discussion
with local businessmen affected by the ordinance,the Planning Commission appointed a citizens
committee chaired by Chuck Edwards who was appointed to present a proposal to the Planning Commission'
for consideration.
At the last Planning Commission meeting,the committee's proposal was recommended to Council for their
approval.The only change frcm the citizen committee's proposal is that it is written to apply only .to
commercial districts,not commercial and industrial districts as proposed by the committee.There are
two main reasons for not applying the same standards for industrial districts as in commerical districts:
1.The basic concept for distinguishing industrial districts is to provide a location for industries and
and uses that may be objectionable for one or more reasons in other parts of the city.These uses by
their nature should not be required to meetas restrictive standards as uses in other parts of the City.
2.When an industrial use in an M-2 district is located along an arterialor adjacent to a residential
zone,it is already required by existing ordinance to enclose all storage fronting the arterial or resi
dential district.
Some confusion has resulted from newspaper coverage of thi s item in that their examples of how the
City ordinances would apply were erroneous.,
The committee also requested that the amendment not become effective to existing businesses for
eight months.,
Councilman Ebbert commented about reference made to non-operative cars.Especially at service sta-v
tions,the problem is that some service stations are approaching the wrecking yard or junk business
stage,but noted the ordinance does not stipulate a time limit;what about cars that are being repaired,,
and possibly waiting for a part that may take a day or so?
Larry Hlbbard stated .that there will have to be some latitude;cars chat are being repaired will not come'
in the category-of being non-operative,there has to be some amount of leniency.Our only intent was to'
clean up the area if possible and beautify it in some essence.We are going to run into problems with
some businesses.We knew we could not please everybody.
Mr.Lynch of Lynch's Texaco Service commented that the Police Department willcall him in the middleofthenighttopickupa car - no owner -impound it.They donot provide anyway of getting rid ofit.It Just putsthe burden on someone else.He stated heis not paid for picking upthese cars - he has acouplecars on hand now the Cityhad him pickupandnoonehas claimed them.The wrecking yard won't
take themand the dump charges $10.00to take them off his hands, and he cannot dispose of them because
he hasn't got the title to them.There are several ways ofgetting title but it will cost him money to get
it.They are of little value if you haven't got papers.
City Engineer Weaver stated theState Patrol informed the City they have to be delivered to a holding area.
Councilman Moe stated that he believes that is in error.According to State law the towtruck operator at therequestoftheState,City orCounty,picks them up and unless someone claims it within a certain speci
fied time,then the tow truck operator can obtain title to it.
Mr.Lynch stated he resents being a clean-up man for the City or the State.Building a fence is not the -
answer to get rid of these cars.It is just a cover for someone to strip the cars.
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Council Minutes:5 September 12,1972
•-.Councilman Hill inquired -he thought the wrecking yard picked.up vehicles for $10.00 at the city dump.
Rich Weaver stated that the Department pays Moses Lake Wrecking $10.00 to pick them up and they get
title to them.The Public Works Department is monitoring all cars that are to be picked up. The Police
Department is given a purchase order and Instructions to pick them up.
Mayor Skaug stated that this ordinance can be amended,but feels some instruction needs to be given
.by the Council!Councilman Hill suggested a 48-hour time limit in HS Zone.
Councilman Ebbert moved to not accept this ordinance until a joint study session is arranged with the
Planning Commission to work out some of the terms.Second by Johnson.The date was set for September
28,1972.Motion carried.Opposed by Hill.
ORDINANCE -LARSON SEWAGE TREATMENT PLANT FINANCING -1st reading
A letter was read from City Manager,Chet Waggener,stating that the accompanying ordinance has been
prepared by the law offices of Roberts,Shefelman,Lawrence,Gay &Moch,bonding attorneys,and
has been approved by our City Attorney,John Calbom.The ordinance adopts a plan for the new Larson
Sewage Treatment Plant,ratifies the action in advertising for construction bids,and provides for interim
•^financing.
The ordinance was read by title only.Citv Manager Waggener stated that approximately $335,000 is
anticipated to be our share,
Motion by Lindell to adopt the first reading of the ordinance.Second by Boyle.Motion carried.
RESOLUTION NO.577 -ACCEPTING EASEMENT,UNITED CONCRETE PIPE CORPORATION -E.BBOADWAY
RESOLUTION NO.578 -ACCEPTING EASEMENT,MILWAUKEE LAND COMPANY -E.BROADWAY /&^
A letter was read from Richard L.Weaver,City Engineer,stating that he is presenting two resolutions
accepting easements from Milwaukee Land Company and United Concrete Pipe Corporation for the pur
pose of construction,repair and improvement of storm drain utilities in conjunction with the EasfBroadway
project.
^Motion by Johnson to adopt the resolution accepting the easement from United Concrete Pipe Corporation.
-~Second by Boyle.Motion carried.
{-*.Motion by Johnson to adopt the resolution accepting the easement from the Milwaukee Land Company.
Second by Boyle.Motion carried.
•".^^'PUBLIC HEARING PROCEDURES
.;Aletter was read from Larry Hlbbard,Community Development Director,stating that the Planning /O O !X
Commission is requesting that the Council make general decisions concerning public hearing pro-
^cedures which will assist the Planning Commission in their work. Since the Commission's request
«-J/«•had been submitted,he has discussed this matter with a number of people involved.He suggests
that the following hearing procedure will satisfy both legal requirements and City requirements for
receiving citizen opinion to make recommendations and decisions for Shoreline Management Permits,'^,•SubdivisionApplications,Zone Changes, and Street Vacations:
!•Shoreline Management Permit Hearings be held by the Planning Commission with the
Planning Commission making the local decision on the permit.
2-Subdivision Hearings be held by the Planning Commission with the Council making
a final decision after receiving a recommendation from the Planning Commission.
3.Zone Change hearings be held by both the Planning Commission and the Council as ,
specified by local ordinance and state statute with the Council making the final
decision.
4.Street Vacation hearings be held by the Council.
The body mentioned above would be responsible for satisfying the respective legal requirementsfor hearings such as publications;in addition, the other body should also be permitted to hold
,an informal hearing in any manner it deems necessary to make a responsible recommendation or
decision on the matter at hand.
(Councilman Moe inquired as to what is the State law regarding Shoreline Management Permits,and
City Manager Waggener stated it is very vague,it is left up to administration to make the decision,
and it seems to be a planning process and a more appropriate Planning Commission function.It is
not clear in the statutes,but it would be logical for the Planning Commission to issue the permits.
As of nowall decisions are made within the Guidelines set forth by the Department of Ecology.They
v must meet these State Guidelines.Assuming the Legislature passes this in November,we will be
adopting local guidelines;these will be approved by the City Council and future permits granted on the
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Council Minute3:6 September 12, 1972.
basis of guidelines as adopted locally.^—^
Subdivision Hearings and Zone Change hearings would be basically what we have been doing in
the past.Street Vacation hearings have been held before the City Council,but the Planning
Commission may want to hold an informal hearing in order to make a recommendation.According to
the State Statute the official public hearing regarding sheet vacations must be held by the City
Council.The Planning Commission can and may want to hold street vacation hearings in order to v
make a recommendation to Council,by contacting those people In the area affected by the street-
vacation..•
Cyd Combs,Chairman of the Planning Commission,explained that the Planning Commission is
desirous of knowing as to who has the hearing and what do we do with the ones we have,and who is
required to have the hearings.City Manager Waggener stated,the only hearings by the Planning
Commission are Shoreline Management Permits,Subdivisions and Zone Changes,and what happens
on Street Vacations -they can hold a public hearing if they wish.
Councilman Moe commented,in reading the last Planning Commission minutes,he doesn't recall
where the City Council has suggested anything recently to the Planning Commission regarding
public hearings,nor have we suggested anything in the past.
Larry Hibbaid explained that the minutes had not been approved as yet.I believe my intention was
not that.Perhaps I didn't make It quite clear to the Planning Commission.It was an administrative
suggestion.
Cyd Combs stated that he thought there was some confusion at the last meeting;that some Commission
members had the feeling that the City Council had submitted some guidelines,and apparently it was '** '
an informal thing and the Commission got the wrong idea.Just how it happened that anyone said anythingspecific,thinking that the City Council had passed on such wording,he is not sure..v
Mayor Skaug stated that perhaps at the next Planning Commission meeting you can explain to the
Planning Commission.
ALLEY VACATION REQUEST -BROADRIPPLE ADDITION ''•'[*
A letter was read from Community Development Director,Larry Hlbbard,stating that the City has
received a request to vacate a small portion of unopened alley in the Broadripple Addition off Ashley.
The alley has never been opened.It is now seeded in grass and has roses and two trees planted in
the right of way.The request is being referred to the Council with no recommendation from the
Planning Commission.'
Motion by Johnson that a resolution be submitted at the next Council m eeting setting a date for
public hearing regarding this street vacation request.Second by Hill.Motion carried.
MISCELLANEOUS
MayorSkaug stated that a special Council-meeting will be held on September19,1972 for considera-'*^2
tion of bids submitted regarding Cascade ParkDevelopment, and also to discuss a Training Program.(^
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Meeting adjourned at 11:30 P.M.f\s*^?^
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Mayor,Otto M.Sfcaug