1972 12 12COUNCIL MEETING -Regular Session December 12,1972
f Council Chambers 8:00 P.M.
Members Present -Councilman Robt.E_.Hill,Norman Johnson,Gordon M.Ebbert,Otto M.Skaug,
Ernest V.Lindell arid Michael Boyle._/jYLCr'Ul OiJQj(yJi/'yC<L~>
Invocation -Rev.Frank Jackson of the United Methodist Church.
—/Mayor Skaug called for approval of the minutes of the previous meeting of November 28, 1972. Motion
by Johnson that the minutes be approved as written.Second by Boyle.Motion carried.
REGULAR BILLS TOTAL AMOUNT PAID
FUND
GENERAL $6,779.66
STREET 1,196.43
ARTERIAL STREET 4,884.49
PARK 3,427.36
UBRARY 131.28
URBAN ARTERIAL 37,519.05
Q WATER-SEWER 2,696.69
|n»,SANITATION .7,313.71
qq m EQUIPMENT RENTAL 611.52
5C
O Warrant No's.3506 through 3582 in the amount of $64,560.19 were approved for payment.
Motion by Lindell that the regular bills be paid.Second by Johnson.
i
1787
PUBLIC HEARING -VACATION OF EASEMENT -WESTERN ADDITION -ORDINANCE NO.660
Aletter was read from Larry Hibbard,Community Development Director,stating that an ordinance /Cs/O
is being submitted for vacating 50 feet of a 70-foot utility easement in Western addition for Council
-consideration.The remaining 20 feet of the easement is to be retained as a utility easement to allow
for future sewer installation to the lots along the west side of Peninsula Drive.The PlanningCommission
.-has recommended that the easement be vacated,provided no new information is presented opposing the
vacation.
Mayor Skaug opened the public hearing by explaining the procedure for same.Larry Hibbard pointed out
on the plat map the location of the easement in Western Addition.
Spencer Brady,Wenatchee,Washington,stated he is an officer of Allied Beverage Services,and they built
their building there and are happy with the location,and worked closely with the City regarding Pheasant
Street extension,graded the street,sewer has been put in and the water line has been put in and feels
the vacation is in order as far as adjacent property is so affected.
Motion by Johnson that the public portion of the hearing be closed.Second by Boyle.Motion carried.
Motion by Hill that the ordinance be adopted.Second by Johnson.Motion carried.
DAY CARE CENTER -GOOD NEIGHBOR COUNCIL
This item,asking for continued zoning variance for the Day Care Center located behind Central School,
was tabled at the Council meeting of November 28,1972 pending a report from the Fire Department regard
ing use of additional facilities at Central School.Moved by Hill that this item be removed from the table
and be considered by the Council.Second by Johnson.Motion carried.
A letter was read from Ricardo Garcia,President,of the Columbia Basin Good Neighbor Council,submitting
a report on the Migrant Day Care Center,stating the Center has a licensed capacity of 64 children.From1967through1971the present facilities have been sufficient to accommodate this number and a few more j.during the peak agriculture season for migrant families.This past year,1972,dueto the unusual late plant- j
ing and growing season,many more families requiredthe services of the Center. In orderto accommodate j
them,additional space was needed for 15 to 20 children for approximately 2 hours per day,and requested use
of one classroom at Central School.License was granted for 20 additional children by the Day Care Depart
ment of Olympia after finding the facilities met requirements of the Sanitation and Fire Department Regulations,
Earlier Don Gibbs did inform the Good Neighbor Council that the facilities had clearance from the City Fire
Department.
A letter was also read from Russ Beeman,Moses Lake FireChief,stating that the inspection of the Central
School area used by the Day Care Center revealed that the school could be used for an occupant load not
to exceed 30 children.Any occupant load over 30 would require the corridor to be of one-hour construction.
Recommended that if the school is to be used in the future,that the corridor be painted with a flame-proof
material to decrease the flame spread in the event of a fire.
Councilman Hill commented that it seems our purpose is then to approve the variance,and made a motion
Council Meeting:2 December 12, 1972
that the Day Care Center be granted one year occupancy extension of this variance,and that the
Good Neighbor Council be informed of the recommendation by the Fire Chief.Second by Lindell.
Motion carried.
TURF NOVELTY -REQUEST RELIEF FROM MASTERS LICENSE FEE RELATED TO AMUSEMENT DEVICES
r\W Mayor Skaug commented that the Council moved to take some action on a meeting of April 11, 1972,y*and for reasons unknown had failed toact on that particular item of master license fees for amuse-'
ment devices,and the issue has been brought to light by a letter from Turf Novelty,signed by.Jess
Johnson and Ray Mandel.
A letter was read from Charles Davenport,Finance Director,to Mr.Jess Johnson,dated November 29,
1972,informing him that payment has not been received by the City for master license fees for amuse
ment devices from 1969 through 1972 at $500 per year totalling $1500,and also failed to file an amuse^
ment device report since April of 1972, and requested payment and a report within ten days from the
date of the letter.
A letter was read from Turf Novelty requesting relief for past master license fees for the operation of
coin operated phonographs Jn Moses Lake,inasmuch as they had been advised on at least two occasions
to refrain from paying this fee because the Ordinance involved was at that time in the process of being
amended.Since that time the Ordinance has been before the City Council at various times,and has
either been given to a committee for further study,or tabled.
City Manager Waggener stated that at one time there was a motion to draft an ordinance regarding the
master license fee and re-evaluate the monthly fees for each amusement device,and report back to
Council at the next meeting.It was brought back,and it was tabled for discussion again.Ordinances
were obtained from various cities in the Stateand presented to each Council member.When that was
presented it was tabled for 60 days and then there was no action on it.It was not back on the Agenda
again.The way amusement devices are handled in Moses Lake at the present time,$500 is not equitable.
The ordinance in effect though still requires the $500 master license fee.
Mayor Skaug inquired -What necessitated this masters license fee at its inception?City Manager
Waggener stated,that was put into effect before he came to Moses Lake,but it was probably to control
pinball machines,and they were declared illegal by the Attorney General's office.The remaining one
on amusement license fee is still on the books.His guess is that the intent was one of providing control
and at present is not sure that juke boxes create that much of a problem any more or that they particularly
dance to juke boxes any more,bui do have establishments where they have dancing to live bands,and
we have no control over that at all.
Councilman Johnson commented that in the past few years the places of business bought their own juke
boxes,so the man with the master license -all he needs is a business license.If we were protecting
him,such as a franchise,then I would say he should pay this fee.
The City Manager stated,if that should be the Council's decision,then suggested that an ordinance be
drafted to repeal the masters license,and be it the Council's desire,cancel the last three years the
masters license fee has been in effect.
Motion by Johnson to redraft the ordinance to coincide with the situation that we have been faced with
and repeal the total ordinance regarding amusement devices and rescind the master license that has
been in effect.Second by Hill.
Councilman Lindell inquired -Does this motion remove the filing of an amusement device report?
City Manager Waggener answered -that it would.
City Attorney John Calbom stated,that it is becoming apparent at least that we don't have a real
police problem -dorft have the pinballs and gambling,so there is no real need for control of this
particular device,and have no real necessity for the ordinance.
Question was called -motion carried.
RESOLUTION -PARKING RESTRICTIONS ON BROADWAY FROM PIONEER WAY TO SR 17.
(This item deleted from the agenda to be presented at a later date)
,APPOINTMENT TO PARK &RECREATION COMMISSION
\^Aletter was read from Mayor Skaug asking for Council confirmation for the appointment of Chester Paine
to the Park &Recreation Commission to fill the vacancy when Duane Leit2ke resigned.This term to
expire June 1,1973.Motion by Johnson to confirm the appointment.Second by Hill.Motion carried.
1973 BUDGET -CONTINUED PUBLIC HEARING
' At 8:40 P.M.Mayor Skaug moved that the public hearing be closed and adjourn the regular council
meeting and continue the open meeting reviewing the proposed/HJTP Budget.Second by Boyle.Motion
carried.
*V-
MAYOR-Otto M.Skaug