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1973 03 27s COUNCIL MEETING -Regular Session March 27,1973 Council Members 8:°°P-M- Members present:Councilman Robt. E.Hill,W. B.Moe,NormanW.Johnson,Gordon M. Ebbert, Otto M.Skaug,Ernest V.Lindell and Michael Boyle. Mayor Skaug called the meeting to order and called for approval of the minutes of the previous meeting of March 13, 1973.Motion by Lindell to approve the minutes as written.Second by Boyle.Motion carried. REGULAR BILLS TOTALAMOUNT PAID FUND GENERAL $5,877.33 STREET 3,994.42 ARTERIAL STREET 17.91 FEDERAL REVENUE SHARING 47.25 URBAN ARTERIAL 1,186.18 •WATER/SEWER 4,585.77 SANITATION 8,435.90 EQUIPMENT RENTAL 1,279.04 Motion by Johnson that the regular bills be paid.Second by Boyle.Motion carried 1817 Warrant No's 4043 through 4119 in the amount of $25,423.80 were approved for payment. CONSIDERATION OF BIDS -GASOLINE /o;/ A letter was read from Charles Davenport,Finance Director,stating that only two bids were received for furnishing the City's gasoline as compared to seven or ten bids in the past.The main reason given for the "no bids"was lack of product,or that our contract period finds them in short supply.This year's low bid price by Atlantic Richfield of .2569 per gallon represents an increase of approximately $1,484 for the complete year,over the cost of gasoline last year,or a 19.8%increase.Our present contract is with Standard Oil Company at .2145 a gallon.We have checked the bid prices being paid by Grant County and find ours slightly lower.County deliveries to Moses Lake are .279;for Quincy and Royal City,.275; and for Ephrata .277 per gallon. His letter further stated,that we also have a statement in the files to the effect that the low bidders price does not exceedthe maximum levels as established in the Price Stabilization Act of 1970 and all .^executive orders,directives and regulations issued pursuant thereto. He recommended the award be made to Atlantic Richfield Company at .2569 per gallon,as low bidder ^meeting specifications. X •^Motion by Hill to accept the bid of Atlantic Richfield. Second by Johnson. •*«»Upon inquiry by Councilman Hill regarding other cities in the area,Charles Davenport commented that he spoke to the Purchasing Agent in Richland just this day and they received no bids at all.Because they combined with Kennewick and Pasco,therefore,the suppliers could not guarantee the quantity that would -'be needed.Our bid received by Atlantic Richfield was about 2$cheaper than bids opened in Seattle yester day.Apparently gasoline is in short supply. The question was called.Motion carried. /1 "CONSIDERATION OF BIDS -TIRES AND TUBES .. A letter was read from Charles Davenport,Finance Director,stating that he recommended the award, to supply the city with tires and tubes,be made to Goodyear Service Store as low bidder meeting specifi cations . Motion by Boyle that Goodyear be awarded the bid for tubes and tires as follows:%Difference from State Net Prices = 25% -Truck Tires,25% -Passenger Tires,and 25% -tubes,with no service charge. Second by Lindell.Motion carried. PUBLIC HEARING -SWANSON MOTORS -ZONE CHANGE REQUEST //Pa A letter was read from Larry Hibbard,stating that the Planning Commission held a Public Hearing at their meeting of March 15 to consider a request to rezone property located along Pioneer Way between the £1- Rancho Motel and the Federal Land Bank from R-3 to HS.The request was made on behalf of Swanson Motors who wish to relocate their dealership to said area. Minutes of the Public Hearing are a part of the Planning Commission minutes of March 15,1973.The Planning Commission recommended that,"the property be zoned HS upon the interpretation of what type of automobile sales can take place in this special use."Car dealerships are'not permitted outright in 1616 Council Meeting Minutes: 2 March 27,1973 in the HS district.There has been a difference of opinion of whether a car dealership can be permittedunderaspecialuse permit. He referred to a letter from John Calbom giving his interpretation of this question. Aletter was read from City Attorney John Calbom,stating "It is my understanding that Don Swanson MotorshasrequestedarezoningofaparceloflandneartheElRanchoMoteltoaccommodateanautomobilej—. and truck sales agency including repair facilities for automobiles and trucks.Under the present HSzone, this use would not be permitted.Open sales lots for passenger automobiles are authorized in _ the HS zone by special permit after public hearing. It is suggested that the land on which the proposed | use is to be located be rezoned to CM or in the alternative that the HS zone be enlarged to include all functions of a retail automotive sales and service business. Mayor Skaug opened the public hearing and instructed those attending as to the procedure ofa public hearing and then called for comments. Ralph Laws,1008 W.Rose,stated he opposed the zonechange.He does notlive in that arear he resides in the Guffin-Eccles area,but that entrance to the City does not have a great variety of commercial businesses in the area.Thinks the City has enough mixture of residential and commercial both in other areas,and now is the time to control this and keep an unobstructed opening into the City. A car dealership,in his opinion,is far from a neat location for on probably the main entrance to the City,and thinks the Council can control this area.There are areas on Wheeler Road or 1-90 on the Peninsula is quite commercial,and now is the time to keep some areas residential. Don Swanson -1110 Skyline Drive-of Don Swanson Motors -stated that = When I first went into this at the factory's request,I got together with Mr. Mathews ^of Mathews Steel Building)and started looking over the City of Moses Lake. We have certain things we must go on and I cannot just go outhere and build anywhere. What we can do and how muchwe can spend depends on the location and size of the lot.As far as a car dealership being unattractive,that is not true.We have an area here I feel isa'beautiful area,and don't think it is going to develop into housing. I agree, I don't think it should beopenedto anything, I think it should be controlled.But talking aboutWheeler Road andother developments, franchise-wise when youare ready to build you must locate in the traffic flpw,and the largest number ofmycustomerscomein that way.Also youdon't do this ona spurof the moment.What I amtalking is about the largest single investment in my life,about 1/3 of a milliondollars.What the City Council does is what they are going to have to do, and as far as our town growing - the last six or seven yearsit has not grown.There are a lot of businesses thoughthat need large amountsof square footagespacethatBroadwayor the business district cannot accommodate.I don't see the reason for keeping the West Broadway area open for such use only. Don Goodwin, Realtor,dealing with Don Swanson for the property in question.You are looking at thesame thing going out the West end, and on the majority of the property you can't locate because it is residential.It is unable to get into a business area because most lots are 100 by 100 feet.Right nowweare tryingto find locations for four businesses and are having a tough time.Industry being placed on the tax roll is going to help the City and the schools and I think youwouldwant to promote industry instead of driving it away. There were no further comments from those attending the hearing,therefore Mayor Skaug closed the public portionof the hearing and turned the hearing over the Council for comments or questions.^ Hill asked Hibbard = If we rezone this to CM would it be spot zoning?He replied it would be.Thereis no-legality against spot zoningif you have a justification for rezoning, that is if someone would need to rezone the area on down beyond El Rancho. Hill then asked what other things does CM include,* and Hibbard stated it has a multiple number of uses,and any business allowed in a C-l (CentraLBusi-w?ness District)and he quoted the uses from the Zoning Ordinance.x KD City ManagerWaggenercommented that he thought it should be noted that the request is a change from ^ R3 to HS and heard Mr.Calbom's interpretation of the ordinance,and he would not argue with the legal «~ opinion that the use is specifically not allowed in an HS zone."^* i Ebbert stated,- I am not 'convinced that the area should be zoned commercially.I would like to Hear what it takes to expand the HS zoning to include this? The City Manager stated,that If that is the direction you would like to go,it is merely spelling that outin the ordinance, but I think you would have to lookat it pretty carefully.You cannot be completely ^^i arbitrary on that. Lindell stated that the T.&E Trailer service was turned down by the Planning Commission and City Council.They had the ordinance amended to allow open trailer sales and had to include other open sales lots,both passenger cars and other automotive equipment.You cannot allow one without the other.Ebbert inquired,if we expand this to include car dealerships,would that mean that others wouVi be allowed ? I would like to see HS to include this particular thing,which would not necessarily include tractor agencies.Have it primarily car dealerships. To that Lindell stated,yes,tractors and their repair shops would have to be .included.The Planning Commission has never spot zoned.There is no rule against it,but no policy as yet has been followed. When we were dealing with the trailers,we had to include boats and others.Johnson commented,that if you have open auto sales lots,then of course,we need service shops. Lindell stated that on an open sales lot we did not allow the work to be done on an open lot on the sales lot.That was the intent when the ordinance was passed.He asked Larry Hibbard to read the basic n Q0 I J 1819 Council Meeting Minutes:3 March 27,1973 intent of HS zoning.I think we are defeating-the whole purpose here.The definition readsas follows: "The HS zone is intended primarily to preserve land for highway service use.These uses are restrict ed to those which serve primarily the traveler and are not to be used for extending any commercial or manufacturing zone into a "ribbon"type development."Lindell = I think that speaks for itself right there. City Attorney Calbom stated that passenger automobiles may be authorized by special permit and that was under the open sales provision and I know Dr.Lindell's memory is good on the matter,as he was on the Planning Commission at that time,and they actually did amend the ordinance for HS to allow open sales lots but not repair shops for boats,trailers and passenger automobiles.Of course,the ordinance is quite specific what is allowed and I don't think we could stretch the ordinance that we could have the automotive sales,and service both. Don Swanson presented a sketch or drawing of the business he plans to locate in the area.Boyle commented he was curious about the plans how they could meet the 40-foot setback requirement in HS zone.Swanson commented that he was not aware of the 40-foot setback requirement until last week. The setback would "kill me"- I can't do it,that would take away about 45 automobile spaces,because the primary display area is in front.Our object is to draw the traffic from Pioneer Way away from the street,and keep the driveway entrances clear off Pioneer Way.We plan to have 14 bays in back with parts department in therear and an "L"shape for customer parking.This is Oldsmobile's idea,that when people come in they do not have to wlak 200 or 300 feet to the service department.I have to either move or have another obligation to the people I am leasing from now.It is not fair to put them on the string. But as far as people coming in and have easy access,this is about the only spot I can come up with. Mayor Skaug commented,that it seems we have a three-fold area here,HS,Special Permit and then the consideration of the setback that is required in HS zoning.It was noted by the City Manager that customer parking is allowed in the 40-foot setback,but the ordinance states that storage has to be back 40 feet. Hill stated,but CM Zoning would not require the 40-foot setback.Mayor Skaug inquired if the Planning Commission had considered the CM zone at all?Hibbard stated that they decided CM would be spot zoning and open the area to commercial. Motion by Hill to close the public hearing.Second by Johnson.Motion carried. Motion by Hill that this be allowed in a CM zone.Second by Johnson. Mayor Skaug informed the Council that would require a public hearing again and put on a future agenda for rezoning,and the earliest date would be April 10th. Lindell - I would like to get this clarified now,you realize this is against the recommendation of the Planning Commission?Hill-Yes. Hill rephrased his motion to include setting the date for a public hearing as April 10,1973 to consider ' rezoning to CM.The second concurred.Motion carried.Lindell opposed. VACATION REQUEST -MARINA DRIVE A letter was read from the Community Development Director,Larry Hibbard,stating that a hearing was held at the last Council meeting to consider the vacation of Marina Drive.At that time it was recommend ed that no action be taken and that a staff recommendation would be made at the following meeting.He has been in'contact with Mr.Stroud of Hosts of America,and he has requested the item,be held from the ag&nda until April 10th when he will have his proposal for an alternate right-of-way worked out. RESOLUTION NO.596 -ACCEPTANCE OF EASEMENT FROM BRIGGS -EASTLAKE SEWER MAINtjc A letter w^s read from the Public Works Director,Richard L.Weaver,stating that during preliminary engineering of the Eastlake Sewer Main Project,we determined that an outfall to Pelican Horn for a storm drain outfall was needed.An easement was obtained from Albert F.and Marian L.Briggs which provides the right of way for the storm drain. The resolution was read by title only. MStion carried. Motion by Johnson to adopt the resolution.Second by Boyle. /o/S ORDINANCE -AMENDING BUDGET (1st reading)(Set Public Hearing). yoyd The ordinance was read in its entirety allowing for revenue and expenditure transactions for increase ' of grant by the Urban Arterial Board for the Grape Drive Project costs,and a grant from the Washington State Traffic Safety Commission for traffic counters. Motion by Boyle that the first reading of the ordinance be adopted,and set April 10,1973 as the public hearing date and second reading of the ordinance.Second by Lindell.Motion carried. MUNICIPAL AIRPORT -ALTERNATIVES &OPERATIONAL GUIDELINES The three alternatives had been discussed by the Council at a Study Session on March 22,1973.In any event major improvements must be made amounting to approximately $80,000.Hill moved that we /do& I82u fllif Council Meeting Minutes:4 March 27,1973 approach the Port District as to whether they would be interested in taking over the operation of theMunicipalAirport,and under what conditions.Second by Boyle.Motion carried. MISCELLANEOUS n £^tnhCptPlf tei.ephone cement by Claire Wallin of Ephrata,Washington regarding .the ComprehensiveHealthPlanningCouncilofGrantCountyAimsand Objectives, asking the Moses Lake City Council toendorsetheconceptandpurposesoftheHealthCouncilinorderto obtainState funds available.*Motion by Hill to place this itemon the next Council Agenda forreview.Second by Ebbert.Motioncarried.-,, ************************** Councilman Hill attended a meeting conducted by the Washington Army National Guard regardingtheirprogramin assisting in Community Projects.The meeting he attended was mainly forCityManagers,Fire Chiefs,Police Chiefs and Service Clubs.They are doing many things within theirconfinesto helpcommunities.He thought perhaps assisting in transporting food to Spokane fordistributionto the needy such as the Eageles did last Spring,and that could involve approximately25in the Transportation Unit.They want to do anything in a community-type service, and when they are utilizing their vehicles they are also training their men. Meeting adjourned at 10:00 P.M. .SkaulMAYOR-Otto M n