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1975 03 25CITY COUNCIL MEETING -Regular Session March 25,1975 Council Room -City Hall 8:00 P.M. Members present -Councilman Robert Hill,Rill Moe, Norman Johnson,Michael Boyle, Gordon Ebbert, Don Swanson and Otto Skaug. Invocation:-Donald Griffin,Presbyterian Church Mayor Ebbert called the meeting to order and called for approval of the minutes of the previous meeting on March 11,1975.Motion by Skaug to approve the minutes as presented.Second by Johnson.Motion carried. REGULAR BILLS AMOUNT PAID GENERAL .$6,706.30 STREET 509.46 FEDERAL REVENUE SHARING 2 ,460.1 5 WATER/SEWER 5,093.32 EQUIPMENT RENTAL 1,570.29 Motion by Moe to pay the regular bills as presented.Second by Boyle. Motion carried. Warrant No's.2614 through 3691 in the amount of $16,339.52 were approved for payment. 2186 POLICE RESERVE COMMISSIONS A letter was read from Police Chief Wayne Baker,stating that the Moses Lake Police Department Reserve Training Class has been completed.The training included all phases of law enforcement activities such as Arrest,Search and Seizure,crime scene investigation,traffic investigation, and all other phases of law enforcement.Their training has amounted to over 100 hours of class room work and approximately 40 hours of on the job training which now qualifies the following individuals for commissioning: Calvin Baker Loyd Coen Gay lord Baker Dennis Hardesty Kenneth Caudle Gary Holm Gary Chandler Ronald Thomas Chief Baker added that he wished to take this opportunity to commend the rev/members for their outstanding attitude and their desire to be involved in Law Enforcement as a community service. Their commissioning will be an asset to the Moses Lake Police Department. (Also commented the two'Bakers'are no relation to him)Chief Baker introduced Sgt.Sharp who has been the Reserve Commander since the inception of the Reserve Program and in turn presented the new Police Reserves.'.Mayor Ebbert administered the Oath of Office and presented each individual with their Commission Card,and commended them for their willingness to serve the community in this respect. GRADUATION CERTIFICATE -BASIC LAW ENFORCEMENT SCHOOL -TOE GRAHAM //Vl? A letter was read from Police Chief Baker and forwarding the graduation certificate for Joe Graham who has recently completed the 440 hour Basic Law Enforcement Course as prescribed by Washington Criminal Justice Training Commission.The Basic School requires much time and effort on the individual's part,and also wished to take the opportunity to commend Patrolman,Joe Graham,for successful completion of this lengthy course. A letter was also read from JohnClark,Law Enforcement Coordinator of the Washington Criminal Justice Training Commission,stating that Joe W.Graham graduated from the 122nd Session of the Basic Law Enforcement School at Olympic College,Bremerton,Washington,with a grade of 86.43 ranking 13th in a class of 24 officers with grades ranging from 76.67 to 91.71.This is a cumulative grade based on written examination,firearms,notebook,class participation,punctuali ty,cooperation and attitude. Mayor Ebbert presented the framed Certificate to Joe Graham on behalf of the City and the Police Department and congratulated him for his accomplishment of the lengthy course. SENATE BILL NO.2508 -RESIDENT TUITION PRIVILEGES . A letter was read from Mayor Ebbert stating re received a letter from the Columbia Basin Chapter of the Japanese American Citizens League requesting the Moses Lake City Council communicate its approval and endorsement of Senate Bill 4(2508 to Senate Committee on Higher Education.The contri butions made by Japan Air Lines and its employees are well documented.This provides us with an excellent opportunity to express our appreciation for their on-going programs of community involvement to?fr 2187 |0 ,0\° Council Meeting Minutes:2 March 25,1975 and participation.He requested the Council approve and endorse a letter and direct its being forwarded to Senator Gordon Sandison,Chairman of the Senate Committee on Higher Education, plus Senators Donohue,*Goltz,Odegaard,Benitz, Guess and Scott,indicating support of the bill and expedite necessary action to pass it. Motion by Hill;second by Johnson to endorse the Bill and forward the letters to the named Senators, Motion carried. CONSIDERATION OF BIDS -TIRES AND TUBES A letter was read from M.G.McLanahan,stating the Moses Lake School District opened tire and tube bids on March 11,1975.They were evaluated according to the exact tire usage in 1974,by the Port District,Moses Lake School District and City of Moses Lake.The City purchased 42% of the tires used by the three agencies in 1974.Moses Lake Tire Company,formerly Goodyear, submitted the low total bid of $14,018.58,and recommended the City Council award Moses Lake Tire Company the bid for 1975.The recommendation will be confirmed by letter to the Moses Lake School Board and Commissioners of the Port of Moses Lake. Hill inquired how they arrive at the flat figure of $14,018.58 r how do they know how many tires we are going to use in 1975?Mac,replied that we base the bid on the actual usage of 1974, and put the current price to that number of tires. Ebbert asked -what'about the additional vehicles -what are we going to do for tires on those? City Manager Waggener explained there is a unit bid on each tire size with an estimated number of tires to be used through the year,and based on the actual use from the City of Moses Lake, Port District and the Schools in last year.If we use more or less tires than we did last year,we will still pay the same unit cost per tire as quoted in their bid.Johnson,added,in other words this can fluctuate,this $14,000 figure. Motion by Skaug to approve the recommendation by Mr.McLanahan. carried. CONSIDERATION OF BIDS -SALE OF MAXIM FIRE TRUCK Second by Swanson.Motion A letter was read from Russ Beeman,Fire Chief,stating that bids for sale of the Maxim Fire Truck were opened on March 11,1975.Four bids were received.Spokane Community College submitted the highest bid of $2,425.75.The second highest bid of $1,853.33 was submitted by Grant County Fire Protection District #5.Due to the difference in bids of $572.42,he re commended the bid be awarded to Spokane Community College. Moe asked -Suppose that truck was to remain in the area -that Grant County #5 purchase it, wouldn't that $500plus dollars be worth quite a bit in case we needed that truck for some un foreseen disaster?Russ Beeman agreed but didn't feel justified in making that recommendation due to the difference in bids.If something could be worked out he would have no objection.It would suit our purpose better and serve the City of Moses Lake better if it was left in the system in conjunction with our Mutual Aid agreement with Grant County District #5. Bill Moe added,that was the point he was trying to bring forth,but wanted the Fire Chief's opinion on it first. Mayor Ebbert questioned the legality of not taking the highest bid.City Attorney,John Calbom replied,in that Instance the Council should reject all bids and then if the City desires to negotiate with Fire District #5 they can do so.Although it would appear to him to be somewhat poor policy if it was negotiated for a sale price below the highest bid of Spokane Community College.There is no requirement that we sell by public bid,but we should reject all bids if we are going to negotiate. Swanson commented and also inquired that there was a limit on what Grant County #5 could bid? Chief Simmons of Grant County Fires District #5 replied that by state law unless we advertise for, we are not allowed more than $2500 total price including the sales tax.The $2425 bid would put it over when adding the sales tax.He does not know if Spokane Community College is exempt from this or not.Chief Simmons added the fire truck would be of tremendous value to the district, especially in the area west of the Lake, and also be available for mutual aid. Mayor Ebbert stated that would be a very worthwhile cause to reject all bids and seriously consider dealing with the Grant County Dist #5. Motion by Johnson to reject all bids as presented.Second by Moe. Motion carried. Chief Simmons stated District #5 could offer $2450 including sales tax.. Motion by Moe to sell the Maxim Fire Truck to Grant County Fire District #5 for not more than $2450 Including sales tax,whatever it scales down to. Second by Swanson. Motion carried. r""\» Council Meeting Minutes:3 March 25,1975 REQUEST FOR ZONE CHANGE - GRANT COUNTY MALL - PHASE II -ORDINANCE -1st reading A letter was read from Stanley Bech,Associate City Planner,stating that on February 28, 1974 the City Planning Commission held a public hearing to consider a zone change request from Midstate Land Company.This was in conjunction with the proposed Grant County Mall Development.The request was to rezone the proposed Phase II property from R-3,Multi- Family Residential to CM,Community Business.The Planning Commission recommended to the City Council that the zone change request be granted (with the exception of that property designated as Tx.No.3743 and the East one-half of Tax No.3827,because topography Is ,too steep).Included was an understanding that the property would revert back to the R-3 zone after one year if a building permit was not obtained.They also provided an option for one more year at the developers request. This recommendation was brought before the City Council at their regular meeting on March 12, 1974.At that time it was explained that the 'developers wished to withhold final approval of zone change until an environmental Impact statement had been prepared and approved. The Environmental Impact Statement was received by the City on October 8,1974.At that tirre it was distributed to various public agencies and reviewed by the Planning Commission.After a 30-day waiting period,all review comments and responses were filed with the Department of Ecology. The Developer has now requested that final action be taken concerning this zone change request.Stan Bech recommended final approval by the Council to the zone change request submitted by the Planning Commission on February 28,1974. Along with his review letter,Stan Bech pointed out the area on the map regarding the zone change for Grant County Mali,Inc.,Phase II. Mayor Ebbert Inquired what the Environmental Impact Statement has to do with changing the zone? Stan Bech replied that an E.I.Statement should be written for any administrative action or actual development of the project,and no action is supposed to take place on the project until the E.P. Statements have been submitted. The ordinance was read by title only amending the Comprehensive Zoning Ordinance by rezonlng the real estate involved for the Grant County Mall,Inc. Motion by Hill to adopt the first reading of the ordinance.Second by Boyle.Motion carried. REQUEST TO PURCHASE CITY-OWNED PROPERTY - LYLE &GEORGE WIXOM (Tx.#3872,Tract #23, Park Orchard Tract)/Oi^O A letter was read from Chet Waggener,City Manager,that an offer has been received from Lyle Wixom and Georgia Wixom to purchase Tax #3872 in Tract No.23,Park Orchard Tracts at the price of $600,which is in accord with the appraised value of the property by the Multiple Listing Bureau,Inc.This property was acquired "by the City through a transfer of property when acquir ing right-of-way on Grape Drive.He recommended the offer for purchase be accepted. He further recommended the remaining.city-owned property as listed and not as yet sold,be with drawn for re-appraisal by the Moses Lake Multiple Listing Bureau,Inc. Resolution No.70 7 was read by title only authorizing the sale of the real estate to the Wixoms. Motion by Boyle to adopt the Resolution authorizing the sale.Second by Swanson.Motion carried. Ordinance No.719 was read by title only authorizing the City Manager and City Clerk to execute a Warranty Deed conveying the property to the Wixoms upon payment for same. Motion by Hill to pass the ordinance ard concur with Section 2 to waive the second reading. Second by Skaug.Motion carried. Motion by Moe that the request by City Manager to withdraw the unsold city-owned property to have it re-appraised,and brought back to the Council at a convenient time.Second by Hill. Motion carried. Chet Waggener added the Multiple Listing Bureau,Inc.,will do the re-appraisal at no cost to the City. LARSON PLAYFIELD CONCESSION AGREEMENT A letter was read from Cecil Lee, Park &Recreation Director,submitting the Concession StandAgreementforCouncilapprovalat this time in orderto begin operation during the High SchoolandCommunityCollege baseball season.The agreement with Moses Lake Youth Baseball,Inc., is basically the sameas the 1974 Agreement with the exception of some changes betweenYouth Baseball,Inc.,andthe designated operator.The changes are as follows:(1.)The designatedoperatorwillreceive100%ofthe net profit ofall operation during league play.(2.)We haveeliminatedthe statement that restricts Youth Baseball, Inc. to a set formula distribution of anynetprofitsderived.(3.)During tournament play the operator shall receive 50%,the sponsoring 2188 //9# ///> ^.ja^a^a*si'xrry ^.r^.Ktirr'i&ia^:*"*********- City Council Meeting Minutes:4 March 25,1975 league shall receive 40%and the Corporation shall receive 10%of the net profits. Cecil lee added that 1974 season was a success in terms of service;not necessarily financially.Mr &Mrs Hauff did a good job,and the changes we worked out with Youth Baseball and the Hauffs should be a better year in terms of finances as well as services. Bob Hill questioned Item #5 of the Agreement regarding insurance -"with limits of insurance to-be determined by the City."Felt the amount ofthe liability insurance should be specified In the agreement itself. City Attorney Calbom stated that would be satisfactory,if you want toset a specific amount. Bill Moe concurred that a specific amount should be included in the agreement. Motion by Moe that the City Manager be authorized to sign the agreement with the specificexceptionofstipulatingtheamountofinsurancerequiredtobesame.as City coverage.Second by Boyle.Motion carried././&^^*Jt>GirT)REQUEST FOR ZONE CHANGE -RECOMMENDATION FROM PT.ANNTNG COMMISSION -f &nr*^M*4-*f**J Aletter was read from Stanley Bech,Associate City Planner,statingthe Planning CommissionheldapublictearingonMarch13,1975,to consider a zone change request.The request was intheformofapetitionsignedbyresidentslivingneartheIntersectionofDivisionandNelsonRd.The petition requests that lots 7-11 in the Broad Ripple Addition #1 be rezoned from R-3 to R-l. This rezone could stop a proposed apartment complex from being built on the land.AfterhearingfromthemanycitizensDresentand also from the developer, the Planning Commission voted5 - 2 In favorof granting the zone change request and recommended further action on the request be taken by City Council. Stan pointedout the location on the map of the land In question as being on the Northwest corner of Division and Nelson Road.The lots are surrounded by single family homes . Bill Moe asked what would be the purpose of the zone change? Stanreplied that when thepeopleinthearearealizedthisparticularareawaszoneR-3 (Multi-family)it was their in tention to keep apartment complexes from being built there. Since it was a petition from the residents the Planning Commission felt it was a valid request.Also the only access to thispropertyisbywayof analley because ofthe topography off of Division.The alley access mentioned is a true alley but not developed. Bill Moe asked if a zone change would negate the action proposed by-the builders of.a 24-unitapattmentcomplex?Stan replied that at this time it would not;inthe interim the dfeverp;p,e£has submitted working construction drawings to the Building Department and has submitted an applica tion for a building permit,and that would give him all rights to go on the property. City Manager Chet Waggener added that before a building permit can be issuedthe Environmental Assessment that has been submitted by the developer win need to be reviewed by the PlanningCommission. If they should determine that there would'an adverse affect upon the environment,then they can deny the building permit application.The Planning Commission will be reviewing the Environmental Assessment this coming Thursday evening. Mayor Ebbert asked why wasn't the Environmental Assessment made before this to the Planning Commission,or didn't they know it was coming? Chet Waggener said the Planning Commission had a request before them for a zone change andprettymuchsimultaneously with that an application was made for building permit. I think the Planning Commission's attitude apparently is that the zone should logically be changed to R-l and they have so recommended.If the developer can clear his environmental Impact statement to their satisfaction then this development can go ahead,if not,then he can be stopped from proceed-, ing and the zone would be R-l and anyone in the future -cannot come in and request an apartment building. Wayne Rimple,Chairman of the Planning Commission,said the request is not a building permit for the developer,but a zone change by property owners.I would suggest not getting out of context; you are putting two items into one.The question of the developer should not be tied into the zone change. Norman Johnson added - You already made your recommendation to it,and I would so move that we accept the zone change.Second by Hill. Otto Skaug stated he thinks the Council is embarking on a course of spot zoning.Wayne Rimple pointed out that it is not spot zoning but tying into a zone existing and merely making a zoning continuation. Hill added that if the Developers E.It Statement Is approved and correct,I object to utilization of egress or ingress by way of an.alley.Who is going to pay for the alley;can we require access? :S*.t *•• A i' £•• r. I a *TtrLiT+JXQKffVKflp.ltm m*tilp-%i,.-^^-^^^^pj-.^<^^^m^9^mjf^Hffiw»^ w^^ttS*^ 2190 M£»-v^:*V«Y,-.;»^ti^^l^Uui.Ji^:fcii^^?ir^»UMiS^«jj(^^«tA^,^JjAa^ City Council Meeting Minutes:5 March 25,1975 Bob Kimball commented that we felt there should some access provided off of Division other than coming through Chuckle Lane and the back alley.I have working drawings from the developer of the apartment complex at this time. Chet Waggener added that perhaps related to that and perhaps for clarification,although not related to zone change.The staff comments on the environmental assessment that has been submitted at this point,and it amounts to several pages,and these basically are questions that we have about environmental assessment and/or the development plans that have been submitted, and the alley access is one of the major ones that has come up several times. Bob Hill asked If anyone in the neighborhood has seen the Environmental Impact Statement? Stan Bech replied that they have and have drawn up their own comments to present to the Planning Commission. Mike Boyle asked,wasn't anyone aware that this area was changed and could be utilized? Ed Ebel,a property ovner in the area,stated that the.area originally was zoned R-l (single family)and in 1960 the developer came In and requested one of these spot zone changes which is causing the problem today. Chet Waggener commented that probably he can clarify what happened In 1960 or 1961.It has been pretty well recognized that areas immediately adjacent to arterials are not prime single family residential property. I think when Ms. Longstoncame in and requested this zone change it was with that in mind,that the grade was steep off Division and it was not going to be easypropertyto develop for R-l. I amonly guessing,but I would surmise that probably she did not anticipate at that time nordid any of the residents living in the area surmise that anyone would be talking about a 24-unit apartment complex. They were probably thinking more of tri-plexes or something going which would be quite different in terms of affecting the environment. This I think will become one of the factors in disu6sing the environmental assessment,is how will traffic flow be handled,what kind of congestion will there be and these sort of things as a re sult of 24 units going in. That again is off the subject of zoning, but think that is the reason it hasn't been really called to anyone's attention as perhaps being a problem area in these inter vening 14 years.The zone change will have no affect on the complex, it will be in the E.I.Statement. Bob Hill inquired whether they alluded to the fact of the low water pressure In the area, and Chet Waggener stated it had been taken underconsideration bythe staff in reviewing the E.I. Statement. The question was called onthe motion to accept the recommendation ofthe zone change by thePlanningCommission.Motion carried.Skaug opposed.An amending ordinance willbe prepared. MERCHANT POLICE LICENSE Aletter was read from Police Chief Baker stating the Merchant Police Business,formerly conducted /OOP^within the City of Moses Lake by Richard Simmons,has been purchased by Richard L.Haer.Mr. Haer has made application for a business license to conduct a Merchant Police business under the-new name of 'Moses Lake Security Patrol'. City ordinance requires that appointment of MerchantPolicemenwithintheCitybemadebytheChiefofPolicewiththeapprovalofCityCouncil.MrHaerhascompletedproperapplicationwiththePoliceDepartmentandmeetsbackgroundandbondrequirements.Chief Baker respectfully requests Council approval to appoint Richard L.Haer as Merchant Policeman within the City of Moses Lake. Motion by Johnson that the request be granted.Second by Swanson.Motion carried. 1973 AUDIT REPORT The 1973 State Audit report was submitted to the Council for their perusal.It re Presents acompre-JJ3(t>henslve and complete audit ofthe entire financial system.R.R.Gagnier added that he is»verypfeasedwithItthataftertwofullmonthsofintensivescrutinytherewasnotasingleauditfinding. He also added that a great deal of credit for the good report should be given to the Staff of the Finance Department. Mayor Ebbert commented that the report recommended that bars be placed on the-wi n£ows has «"£been taken care of?Rick commented that we have not taken action on that as yet,we are investigating prices at the present time. BUI Moe inquired as to how much weight does a statement like that carry as far as thf auditor'sresponstollltiesaretotheStateardtotheCity.What significance does he attach to.the fact that volved in and it has been in the last year or so they have even addressed themselves to the lVre«twW»'^*^V'^v7fffre!f1ciy'T f^<gi8$M?!*^&^5P. 2191 ll City Council Meeting Minutes: 6 March 25,1975 computer ins.a.lation.But as far as the ^Sn'ficance «£'^»)lJ^^£?$%5t?tiZsignificanceItwouldbecontainedIna,vaud t «^^Jt^"'!."Xre were some generalro^^br^K^l^^-ii.^CwS^'^s^iflcance of an audit 'finding.. Bill Moe added that he recognl.es that but he Just wanted to dig into it a little bit deeper for the public's sake and for other Councllmen possibly. Mayor Ebbert asked -what are they trying to protect,the computer itself? Rick added thatis correct.In private industry there has been over the last five orten yea™substantial inteisfexhiblted in the Importance of the operation of '"-^STtemSoas ardrz"aao there were a number of bombings of computer centers in the Eastern Coast anaMiaweysetaarea9s0bysome"'the radica.groups have found that av^»*«™^^puterroroorationsHowever,an operation like ours,frankly we are not that large,ii the computerIZTptoSmvdestroyedtomorrowwewouldstillbeabletofunction.It would be ^rdensomeb^orobablv having to revert to some hand ledgers,but it would not in any way disrupt the opera-uonofhVcty A o one of the other comments they had,was the location of the Xerox machineInthecomputerroomAndagain,it is a convenient place to have it in order to concentrate thenoiseleveUnoneariafI'm not really too concerned about those particular comments.We will pursue the comments though and take whatever action appropriate. Mavor Ebbert commented that in view of these two reports the staff has done a very remarkable job,Slcufarly nRespect to some of the audits that are known to happen in towns surrounding us;thetroublestheyhave.I would certainly like to give them a vote of confidence at this timeBiU1MoeaddedtothatandparticularlypointouttoMr.Gagnier's capability and the fact that we have people working for the city of this high calibre. REFERENDUM #27 GRANT OFFER -RESERVOIR NO. 5 Aletter was read from Jerry Fay,Public Works Director,and submitting a copy of the Offer andAcceotanceAgreementfromtheDepartmentofSocialandHealthServicesforconstructionofESS,*"mount offered ?.$212,498 which is 40%of the eligible portions f the project.The total project cost, as estimated in our application dated September 30,1974 is $587,656,of which the City portion is $375,158. Construction of Reservoir #5 is an integral partofthe improvements proposed inthe 1970 Moses LakeWater Plan and the 1974 Water SystemOperational Analysis.Reservoir #5 is necessary toproviderequiredstorageandpressureintheLakeviewTerracearea.,East of SR 17.(correct to: AseCity funds'have been allocated for this project and itis necessary and consistent with the plannedwatersystemdevelopmentfortheCityofMosesLake,Jerry Fay recommended the City Council accept the grant offer. The Offerand Acceptance Agreement must be signed and returned to the Department of Social and Health Services before April 17, 1975, or the grant offer will be withdrawn. Motion by Hill to accept the grant and proceed. Second by Boyle. Motion carried. PHASE III -SHORELINE MANAGEMENT CONTRACT ,. A letter was read from Stanley Bech,Associate Planner,stating the Department Ecology has sub mitted,for review,a contract offering the City of Moses Lake $1,100 in 50%matching monies. This contract is written under Phase III of the Shorelines Management Act. We have completed Phase II of the Shoreline Management Act which terminated with DOE's approval of the Moses Lake Shoreline Management Master Plan.-Phase III involves the refinement of this master plan.We arenot required bythe act to undertake these actions.Specifically the contract calls for (I.)Revising and updating the master program by expansion of regulations governing recreation,transportation, and marina development;(2.) Updating existing ordinances and regulations to bring them into compliance with the master plan,and (3.)Updating of our shorelines inventory. Stan Bech added that at this time he felt the city would not have the staff time to properly carry out the scope of work as stated in the contract.Therefore,recommended this contract proposal be turned down unless the Council wished to ask for outside assistance. Motion by Hill not to accept the grant and not get involved with Shorelines Management any further. Second by Johnson.Motion carried. >J° M 2192 City Council Meeting Minutes:7 March 25,1975 APPOINTMENT TO PLANNING COMMISSION -SHIRLEY KVAMME s/)OJl' Aletter was read from Mayor Ebbert requesting City Council confirmation to the appointment of Shirley Kvamme to the Moses Lake Planning Commission to complete Walt Roth's term,which expires December 31,1979.•,s Mayor Ebbert added, as far as I know this will be the first female on the Planning Commission for Moses Lake. I see no particular problems from that angle.I highly recommend her. I thinkshe is very level-headed person;probably can give some good suggestive ideas forthe Commission. I talked to some of the Commission people and they are accepting here on the same basis. Motion by Skaug that the request be granted. Secondby Johnson. Motioncarried. OPTIONAL CITY CODE Aletter was read from Councilman Mike Boyle,stating he would like to have placed on the Agenda JO/ for Council discussion March 25th,the "Optional Code"form of city government.Certain aspects of the "Optional Code" and Council involvement demand clarification. Mike Boyle stated that at this time he would like to make a statement and I would appreciate anycomments being teld until I get through with the statement.I have written out my thoughts so as not to forget anything.The typewriter and paper used are my own and not city property. First, it is not my intention to defend or sing praises of Optional Code form of government tonight, but do feel it is necessary to set the record straight. Secondly, I donot feel that it is necessary to defend the City Manager or Department Heads. Their record and achievements speak for themselves.However, the City Councilmen are ultimately responsible for the action of the City Administration of Moses Lake.Anything implied questioning their integrity or capability reflects directly back to us. Thirdly,- Last Wednesday it came to my attentionthat a hand-out pamphlet was being distributed on a somewhat door to door basis.I did feel a little bit slightly as my home was not one of the homes that received the pamphlet. The title of the pamphlet Is "CODE CITY,HOME RULE WILL RULE YOUR HOME". I would now like to read this pamphlet In its entirety and answer some veryquestions it raises as to whatthe City of Moses Lake is considering withthe Optional Code. Itmaytake a few minutes of your extra time, butI feel the implications contained in this piece of paperare extremely serious.I ask for yourattention and indulgence.At this timeI will be quoting from a handbill that was mimeographed and put out to the citizens of Moses Lake last week.* (A COPY OF THE PAMPHLET REFERRED TO "CODE CITY,HOME RULE WILL RULE YOUR HOME"IS ON FILE IN THE LEGISLATIVE HISTORY FILEAT CITY HALL.) . After reading the pamphlet in its entirety he stated he would like to make some comments. Now that is quite acollection of so-called facts,insuations quoti ng out ^^^S*1"misinformation placed before the citizens of Moses Lake as gospel truth.Let s set the record straight on this informational document. First there is no connection or relationship between Optional Code and Metropolitan Government.Quoto from the pamphlet -"An inclusion of Code Cities in Metropolitan Municipal Corporation(METRO^Ppears in 35A.57 when it states any code city may become acomponent city of a Metro- politan Corporation." Now let's look at Moses Lake realistically and see ifthefunctions authorized by the State ofWashingtontoaMetrogovernmentaresuitableorapplicable.There are six things a Metro govern- ment can do,and I quote: 1.Metropolitan water pollution abatement 2.Metropolitan water supply 3.Metropolitan public transportation 4.Metropolitan garbage disposal 5.Metropolitan parks and parkways 6.Metropolitan comprehensive planning Water Pollution Abatement;-I really don't feel this applies to Moses t^to'-f,^"^illv^s farspecificstateandfedeTaYlawsforbiddingpollutionofanybodyofwater.This .also is silly as faraswatersupplyIsconcerned.I do not picture water being pumped from Ephrata or Quincy to or from Moses Lake in the near future. Public Transportation:-As the Columbia Basin Herald points out,we can't even come upjJa24-hour tTxlTervlce.Ido not foresee Mass Transit from Moses Lake or Quincy or Warden during my lifetime.M»tm narbaoe Disposal:-The Solid Waste Management Act precludes this, as we already have been included in the Grant County Solid Waste Disposal System. C: 2193 City Council Meeting Minutes:8 March 25,1975 Metro Parks and Parkways:-Now REALLY!Moses Lake has a tremendous park system and we nowareIntheprocessofdev~ek>plng some of the areas of recreation best suited to these parks.Example - - -Larson Playfleld,which probably has the best lighted and the best maintained balldiamondsintheStateofWashington.There is no logical reason why we would want some remote area of sagebrush for more parks. Metro Comprehensive Planning:-We have enough problems with our own planning;present zoning,ordinances,etc.,without trying to worry about any other city in Grant County,which would be Included?ifa Met ogovernment.As it states in 35.58.060 and I quote:"All functions of local governmentwhicharenotorizedasprovidedinthischaptertobeperformed^^.^"jf1corporationshallcontinuetobeperformedbythecounties,cities,and special districts within the metropolitan area as provided by law." So as I said,let's be realistic.There is nothing authorized for a Metro form of government that wouldo?'could even remotely do anything for the citizens of Moses Lake.Metro is designed to function as RCW 35.58.010 states and I quote In part:•'_„_i_"It is hereby declared to be the public policy for the State of Washington to provide for the peopleofthepopulousmetropolitanareasintheStatethemeansofobtainingessentialservicesnotadequate ly provided by existing agencies of local government." This is not intended for Moses Lake.This IS intended for areas in the State of Washington having large populations,such as Seattle. "Secrecy is a part oftheir strategy."=•NOTHING IS KEPT SECRET about the City of Moses Lake.Wehaveastate-wide open meeting law and all the city files,whether flnancia records or any otherdocumentsarepublicinformation- -available for any citizenof Moses Lake to examine. "The people were promised that under home rule taxes would be decreased!"=Optional Code doesnotmakeanypromisestolowertaxesortogiveusasmallerbudget,or to even keep taxes fromgoinghighe/.The only thing,and I repeat,the only thing Optional Code does is provide the legis lative body of a city a larger degree of input in setting local policy. "No lonqer could they elect their own officials,such as judges,and the chief of PO^e,nor evennhoo.eTelrown citv manager."=There is NO,and I repeat NO city in the State ofWashington that hastheprerogativeoflocallyelectingacitymanager,a municipal judge,a police chief,a fire chief,orevenpublicTwoksdirector.That means Seattle,Ephrata,Spokane or any size city "doesn't mattewhetheritisgovernedbyaMayor-Council or a Council-City Manager form of government.These appoint ments are made by the city's chief executive officer. "With reference tothis training center.Mr.Carr,states:"The policy in 1313 is to get agents trainednnrWthemin"as citv managers.These cTtv^rTanagers then appoint other graduates of 1313 as reads ofvariousdepartment^These In turn bring others trained in 1313 as they build up control at the top over municipal government."-Now,a-s to the location or the institute of City MANAGEMENT ..(NOT MANAGER)ASSOCIATION It is not locatedat 1313 East 60th Streetin Chicago,but 700 miles away in Washington,D. C. andhasbeenfor8years.I do not picture any of our city administration,including the City Manager,theCityFinanceDirector?the Public Works Director,the Park &Recreation Director the Chle of Policeor the Fire Chief as a "conspiring"group.They hold degrees respectively in Civil EngineeringMastersDegreeinBusinessAdministration,a BA in Civil Engineering and a Degree in _RecreatlonTheChiefofPoliceandtheFireChiefhaveworkedtheirwayupfromtheranks.I do not look for an overnight take-over of your homes by these people. "Some have said 'we can trv it and if we don't like it we can vote it out.'What they fail to realizethatonceitIsvotedin.each person has been deprived ofhis right to vote and it can never be voted nut Anv attempt to vote it out would be treated as anarchy.Residents of Moses Lake cancheqkTitle_35A-the official laws^tlonal code cltv and learn whit an octopus this form of city government can become bv reguestlng a copy from the city."=.,..;,y>•- Nothing could be farther from the the truth!..-35A.06.039 abandonment of p^iof government of a non-barter code city states,and Iquote in.par*"Any City is authorized,to adopt-.any^an of governmentprovidedIfornon-charter,code cities anytime after one year from the^ate of becoming*non-charter code?Uy,"So if,tnd I.repeat if,the City of Moses Lake becomes an Optional Code City,we Can vote It out. "TT Is also very Interestingto note in 3*a 13.12(1 the power of the city manager which states '"eitherthgcouncil,mr any of Its committees shall direct the appointment of anv personto, or his removal from office bv the cltv manager or anv of his subordinates.Except forthe purpose of inquiry the council and its members shall deal with the administrative service solely through the manager . - Let's finish the RCW.-''And neitherthe council nor any committee or member thereofshall give orderstoanys^either publicly or privately.The provisions of this section do not \l City Council Meeting Minutes: 9 March 25,1975 prohibitthe council, while in open session,from fully and freely discussing with the city manager anything pertaining to appointments and removal of city officers and employees and city affairs. " Let's get the facts straight.The city manager's duties and powers are exactly the same now as they would be under the optional code form of government. The council may, at any time,dismiss the city manager for sufficient reason as provided in the R.C.W. of the State of Washington. The powers of taxation, submissionof records for state audit, and ouraccountability forouractions would be exactly the same under optional code as they are now. I have received several phone calls and inquiries from people whom I know in Moses Lake askingwhytheMosesLakeCityCouncilIsconsidering(AND ALSO INDIVIDUALLY,ME)a new Metro formofgovernmentwhichis"COMMUNIST-inspired".This leads me to believe,that either intentionally or unintentionally,(I hope,the latter,)information such as contained in this "venom-filled paper" has been given to people who both trust my integrity and respect my loyalty.Now,if anyone herewishes to question my integrity or loyalty, I would be happy to accommodate them oneither subject. I would .conclude by asking this question,'- "Was this paper put out to the public as an attempt to inform them of yourinterpretation of Metro and OptionalCode,which in the latter is completely erroneous, or was it a deliberate attempt to smear the City Administration and members of the CityCouncil in the public's eye ...to create enough suspicion,without producing facts,...to helpanother and perhaps the same group, secure enough signatures on a petition to change the form of City government which is now being circulated in Moses Lake? Mayor Ebbert stated - The chair at this time is open to receive questions from the floor on this, or move on to the next item -"Citizens Input"time. Bob Hill said,I think this should be withheld for the Public Hearing scheduled two weeks from tonight. I don't think we should get into this.As you well know,I objected it being on the Agenda tonight because I think it precedes the Public Hearing which we have set for April 8th. I can put that Into a form of a motion Mr.Mayor,if you wish. MayorEbbertreplied since Mike Boyle placed it on the Agenda and still has the floor for a minute, do. you Mike at this time wish to keep this open for question and answer or would you prefer it public hearing tonight ? Boyle stated that I don't feel that is my prerogative I will have to relinquish that right to the Chair. Mayor then asked if there are other comments whether we open it up now or save it for publichearing. Otto Skaug stated - I concur with Mr. Boyle and I think the main tenor of the matter impunes the integrity of all of us here on the Council, that we are not capable of rendering a just and honest decision that will be of benefit to all citizens of Moses Lake rather that of a detriment„.,..•,..•••,..The letter has been put out under a box holders address and the contents apparently have been copied from a national or a widely circulated magazine of a given groupand imparted here. I don't think I am being duped; I think I am as capable as any Individual here in the audience in ascertaining the truth and knowing where it lies.I think the whole article deals with 'Code City' and think it well we bring it under public discussion at the public hearing and bring it out. Motion by Skaugto move on to the next item on the agenda. Second by Hill. Motion carried. CITIZEN INPUT Mike Boyle said he had some Input here.He said,Mr.May or,..I.think for public information andnot for any means of.trying to say that no one has a right to do what'they want to do,everybodyhas the right to do want they want to do,but think this"should be a matter of public record. I have a copy of the Columbia Basin Daily Herald of Tuesday, October 30, 1973, and would like to quote from it in part: This was at a forum fof candidates for election at that particular year and a quote from Councilman Hill at that time - - Hill said,"Over the past few years I have studied many of the different governments in the State of Washington, and it is my firm belief that the only kind of city government in the townthe size of Moses Lake or larger is a city manager form of government. Acity's business is big business and youneeda man withthe trainingand expertise to run a city business."Now, Bob Hill - thank you for that fine comment Boyle - I haven't finished yet Mr.Hill,I am sorry. Hill-boy,you'reonone tonight aren't you?Boyle - Yes, I am -this is 'show and tell time'andItsmyturnforshowandtell.He continued - I have no quarrel with that statement Mr.Hill andI concur with if..Only I think it should be made public Mr. Hill,maybe youcan inform us,and IwouldliketopuWnformof a question. If this is what you believe in,why is your wifeactivelycampaigningto secure signatures ona petition for change of form ofcity government ? Bob Hill- Honestly,What I doand my wife does is completely our own business and I don't see it is any of yours.Secondly,over a period of what- three years? -As a matterof fact 2194 2195 IV City Council Meeting Minutes: 10 I think it was about five years ago that I made that first statement. my mind too. Pat Liohtel =Iwasn't going to say anything tonight -but I will say one thing as far the optional codeIndVhethnqsthathavebeenhandedaround,this has nothing to do with the petitions.You bringonepersonforwardthathashadapetitionhandedalongwiththearticlethatyoureadoutoftonight.--?here tev^be?n petitions circulating for over a year,not just the last couple ^^l^nt WeTn'in tht petition -so there was not enough.We feel that we want a change of government.We don t thTeifnobo^WZ hVmWwe are asking is let th'fpwffdScide -put it on the ballot-theresZtoneo?Vocoun lmen up there that should be ashamed to sign our petition,not one of jo..•There is not one city employee should be ashamed of losing their jobs or anything,-_they should be able to sign the petition as a citizen of Moses Lake. Ac:f*r aq Mrs Hill - I think its wonderful,she is one councilman's wife that's got guts - sheis anfndvldualwoman-what she does on her time is her business She is not sitting up there and IIhTnkitisnettleunfairtobringMrs.Hill's name out here -she has gone door to door -she is not hiding,she didn't hide behind nothing. As far as the home rule or optional code thing or the metro thing -Mike,nobody has gone around withBly^titions^ShiS^tome mle thing.You are insinuating this is in with the petition -it is not. Tohnson -Mr Mayor don't you think we are going far afield here tonight from where we belong - it has t^ri-in^e^rwsTapIfs^comes,the people will not know which way they^re coming or going,is why this is Drougnr up. Johnson -All right Mrs.Lightel people will judge pretty much for themselves.Lightel - Ihope so. bring this back to normal. Lightel -I feel insulted that Mrs.Hill was insulted.Johnson -Well,he'll handle that. Boyle -Mrs.Lightel,there was no insult intended for Mrs.Hill -I have a lot of respect for her. Mrs. Hill has her own perfect right to do whatever she wants. Hill - I agree with Mr.Johnson - lets move onto the next Item. Mayor Ebbert -asked if anyone had any other questions regarding items on the agenda? Harold Hochstetter =•I would like to ask Mike -From whom did you get that pamphlet - I didn't get one? with the same context but it doesn't have anything to do with Moses Lake outside of the fact that it was exactly the same thing. Jac.Hatiield^Z^eRoaa =Iprobab,y^ SJSS^^^^c^i^M^r^r.some immediate business problems of some individuals - do you know what happened to that? Chet Waggener -Jack I wasn't aware that there was any intent of that kind of urgency lor that be on the agenda two weeks hence. STATUS/INFORMATIONAL REPORTS a.February Financial Report -Finance Director l\fl Aletter was read from R.R.Gagnler,Finance Director,attaching the financial report for1February1971?AsShould be expected all funds are In line with our 1975 estimates of revenuesandexpenditures.The report is submitted as an informational Item only with no Council action being required. March 25,1975 I think I have a right to change U- City Council Meeting Minutes:11 March 25,1975 JU_Pj?rk_&_Kccrcatlon Director =Larson Playfield Fencing Additions Cecil Lee said - A couple of months ago the Big Bend Baseball requested that we look at a proposal to move out the outfield fence at the Baseball field at Larson about 30 feet from center field.After ,'ooking closely •as to what it would do to other participating teams, and after meeting with Big Bend's administration,we came up with a proposal to: 1. Move the center field fence out about 30 feet to extend that same outfield fence another 4 feet so we would have an 8-foot fence instead. 2. To extend the wing fencing from like first base to home plate to first base by 6 feet,and 3.Also to add a 20-foot section of hood on this same side. At the Big Bend Board meeting which is coming soon,the administration I believe will ask their board to work with us on this'project and buy the materials,and hopefully we can get installed this Fall.Just wanted the Council to know what we .are working on. Meeting adjourned at 10:20 P.M. ^-r /&- MAYOR,Gordon M.Ebbert ATTEST: City Clerk,R. R.(Ga^nier 2196 //'