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1975 04 082197 CITY COUNCIL MEETING -Regular Session April 8,1975 Council Room -City Hall a'uu r*M* Members present:Councilman Robert Hill.Bill Moe,Norman Johnson,Michael Boyle,Gordon Ebbert, Don Swanson and Otto Skaug. Mayor Ebbert called the meeting to order.The Invocation was given by Leigh Nygard,Free Methodist Church. Mayor Ebbert then called for approval ofthe minutes ofthe previous meeting on March 25,1975.Motion by Johnson to approve the minutes as presented.Second by Boyle.Motion carried. REGULAR BILLS AMOUNT PAID GENERAL $\%'M STREET 2 284 98 ARTERIAL STREET inqfi 39 FEDERAL REVENUE SHARING •9 703 53 WATER/SEWER ii'fiig 79 SANITATION 4n 014 35.1972 WATER/SEWER CONSTRUCTION 4''EQUIPMENT RENTAL ^"^ Motion by Skaug that the regular bills as presented be paid.Second by Hill.Motion carried., Warrant No's 2692 through 2796 inthe amount of $80,433.03 were approved for payment. NO.708 RESOLUTION/OF SUPPORT -LETTER FROM COUNCILMAN BILL MOE rminellman Bill Moe read his letter addressed to the Moses Lake City Council along witha^solution of Support In his letter he stated that,="During the past several months there has beenmoreandmorecriticismbycertainmembersofthecommunityonawidevaretyof«*!•«•d*^a •atthe Council and its members.There also has been a large amount of criticism directed at managementregardingtheoperationsoftheCity.In every instance the Council and Management has doneeverythingthatitcouldtoanswerthesechargesandtoberesppnsiveandtoactinaresponsiblewaytowefforttfindsolutionsinwhateverareastheywerecriticizedforIbelievethatwe.have.doneaverygoodjobofteepinganopenCouncilmeetingandconductedtheCity's busmess in full view ofthepublic.We have listened to all complaints directed to Council and Management and in most cases found these complaints to be without foundation. Since the City of Moses Lake has been operating under the Council-Manager plan of government since1960manythingsthatbenefiteveryoneinthecommunityhavebecomea.reality.I should Uke to mention Just a few of these at this time.1.Continued improvements have been made to our Water and Sewer System 2. All major entrances to the City have been improved and beautified. 3.Upgraded Police and Fire equipment and Communications Systems.4. Parkand Recreation facilities have been expanded and Improved. Allthese things have been done at very little expense to the citizens of Moses Lake, since a large por-tion of Improvements havebeen financed by outright grants and matching funds from bothState and FederalGovernment.We all pay State,Federal and Local taxes andthere is no 'free money',but Moses Lake has received more than its share in most cases of the total funds available for specific projects that it elected to do. We have been able to accomplish these things and much more because of the capabilities of those selected to manage and direct the business affairs of this city. Since we have all been on this Council for some time and have had an opportunity to suggest changes in all areas, and specifically in the form of local city government that you think would do the best for Moses Lake, I think now is the time to demonstrate to all our position with respect to the Council- Manager form of government as it applies to our City.I,therefore,ask for your.support in passing, the following Resolution at this time." Councilman Bill Moe then read Resolution No.708 supporting.the Council-Manager Form of Govern ment wherein it states that by Special Election on November 4,1959 it was determined that the City • Government of the City of Moses Lake would be changed to the Council-Manager Plan,and accord ingly Ordinance No. 400 was passed by the City Council and approved by its Mayor on April 4, 1960, and the Council-Manager plan has provided the City with the capability for expert administrative supervision,and has proven responsive to the needs of the citizens of Moses Lake. Also the Council- Manager plan has demonstrated itself to be a functional and highly sensitive format by providing significant improvements to the level of service for the citizens of Moses Lake,and that the present City Council of the City of Moses Lake expresses its dedication to and the support of the Council- Manager form of government. Motion by Bill Moe for adoption of the resolution and that all be required to vote in accordance with Ordinance No.474 passed by the City Council in 1962.Second by Otto Skaug. Hill: Mr. Mayor, I think this resolution is very senseless.Everybody obviously knows people are going to have a chance to make their selection known*and I think we should leave it to the voters to make their choice. 2198 Council Meeting Minutes:2 April 8,1975 Boyle:-Mr.Mayor,I completely agree with Mr.Hill's statement that we should definitely leaveitLthevoterstomaketheirchoice,but in making that choice,I think that we as City Councllmen,indfvdSa^y and collectively have a responsibility to let the public know exactly what our views are.If our views influences their voting in any way,so be it.But I think that we as a Councl man haveanobligationtoletthepublicknowwherewestandasmembersofthisCityCouncilofthisformof government. Johnson:I agree with both people,but at this point the resolution should be upon the Council asIndividualscollectively.It is not the right thingto do;you are asking us to takea resolution,Imightchangemymindnextweek.'Who is going to the polls to see how I vote,if this comes toavote,soI will have to abstain from this. I think we should not have this thing up here,it is not morally right. Skaug:I move for the question.The motion carried.Hill fend Johnson abstained. Skaug:- I think in Roberts Rules of Order,a vote of abstaining is equivalent of being an affirmative vote. Johnson:-This being your privilege to acceptit that way,thats fine with me. Skaug: - Is that the way youwant to be recorded? Johnson:- I abstained from voting....Moe:-My motion included the city's business be conducted according to Ordinance No.474 whichIn-Essence is the way we operateas far as voting procedure is concerned.I think Otto you hit it rightonth"heawhen y^questioned position of abstaining.Ithink all members should be required to votev2aornavunlesspriorapprovalisgivenbyvoteoftheCouncilandthenonlyonconflictingofinterestitems'So,I[think'that thSse ?hat do abstain are putting their position on the side of the majority at this time. Tohnson--I'm not sure I follow you Mr.Moe.When we are merely abstaining we are not saying we areforthetypeofgovernmentthatwehave,nor are we saying we are against the type of 9WBtsau^tflMtwehave!I am saying I am abstaining from voting for a resolution that forces me ^.°^^^fJfn anydirectionrightatthispointatanopencouncilmeeting.When the time comes,will commit iWseU,when the public thinks I shall,I shall.But I think I have a privilege of not having to be forced nto thisP^siUon at Council.I don't thirk aresolution is called for to force Council to do anything at this point inregardsto a private matter, and that is a private matter. ^nV^^also individuals We H-^dividual rightsasou?belief.We can be of different politics;do Ihave to commit my po itics,»^?Ww^then do Ihavetobeforcedtocommitmyselfbyresolutiontothisparticularsubject?Do you think this is thepropermethodtoforceyourfellowcouncilmantocommithimselfbyresolution? Bovle-- I think the point that Mr.Moe has brought up and that Mr.Skaug has brought up,that accord-?n0 to conduct of the Council meeting,which is in our Ordinance Guide,that we are required to voteKsV^Ithink this is the point that is being made. Johnson-- I have a conflict of interest then and abstain,will that help you? Skaug:-Aconflict of interest,Mr.Mayor,is one that should be decided by the Council and to grant that privilege of abstaining. Hill-- Ithink we have more important things on the agenda tonight rather than to quibble over this. In order to move this silly resolution along , I will change my vote to a no . Johnson:- I will follow and do the same. Moe--Mr.Mayor,then how does the vote stand at this time? ?ohn£n:S F^lrtttcaUon?^lldnofvote against the form of government;Ivoted against the resolution as proposed tonight." Mayor Ebbert:- It will berecorded as such. B,nrr.mmm -Q°™™™MO.720 -GRANT COTmW MMT 7QNF fiHMOTB (2nd reading) A,etter was read fro,Gary L.Pow.es.andI.Mall ™%i£itf%Z£^^+£^that It has been brought to his attention^thathey have °«rlooRea req ^on behalf of Malls Aletter was also read from Stan Beoh,Associate^anne,gating^^^S^tt!^" * i. \I 2199 April 8,1975CouncilMeetingMinutes:3 . until an environmental impact statement had been prepared and approved. Itenfe^reclmmended final approval by the Council to the zone change request submitted by the Planning Commission on February 28,1974. &i™rr with his review letter - -Stan Bech pointed out the area on the map regarding the zone2S5£Tf£rrant Countv Mall Inc.?Phase II,as Wheeler Road to the North,the former Laurel In the southern portion of the area. Mayor Ebbert explained the procedure of a public hearing and asked for comments from those attend- ing the hearing. r*.rv Thrnop.2062 So.Crestmont:This Is supposed to be a shopping area?What happened to thelawthatyouhavetobeamileawayfromoneshoppingareatoanother? ^waf,rnBr.Cltv Manager:That part of the ordinance applies to neighborhood shopping centers. This would be considered part of the downtown shoppingarea. Jessica Longston:I am very much in favor of it. The ordinance was read by title only rezoning the real estate described from R-3 Multi-Family Residential to CM - Community Business. Motion by Hill that the second reading be approved.Second by Skaug.Motion carried. PUBLIC HEARING -RESOLUTION OF TNTENT -OPTIONAL CITY CODE /O /s t^WVeryl^^^^ to control. Also mentioned that it wouldn't require any change in the City Council;that he saw at that pointnoapparentdisadvantages,and also indicated that neither didtesee any urgent need for it,and•one ofthe reasons that because the optional code cities discovered that they could do thingsb2tte7th\n fhey coTld operate under 2nd,3rd or 4th class city laws,that the Legislature generallySramended^?Ctalatton for other ciiies in the following legistive session.So many of theXlnafadvantagesoftheoptionalcodetolocalgovernmentreallynoongerexistbecause.ofAe?ht?H class citv law under which we operate has been amended to comply with it.One of the changesttefhepointedou^wTre thTsweeplng"change in the budget code,when the optional code^was ftotenactedMostofthecitiesthatadoptedtheoptionalcodedidsoimmediatelyandoneofthemajorreasonswassimplytotakeadvantageofthatbudgetlaw.The next session,t^^rshence fteentirebudgetlawwaschangedfor2nd,3rd and 4th class cities to coincide exactly with that which was in the optional code. *There are some changes still at this point he added.For clarification regarding status:of professionalser^fcls ifbeingExempt from bidding,one the state examiners has continually ignored,but whichtechnicallywecould^called In violation,because the attorneys,consulting engineers,architects,etc. will not bid on projects as being against their code of ethics. Another example of change in legislation -originally the optional code allowed the C"y Council tosetItsownsalaries.City Council salaries were set by State law for 2nd,3rd and 4th Class cities.In the la^session of the Legislature in 1974 amended that to allow this City Council to determine its own salary. 2200 City Council Meeting Minutes:4 April 8,1975 Afewother points he added, is that It would allow underthe Planning laws fora public hearingto beconducted by either the Planning Commission or by the City Council. Currentlyare required to hold a public hearing before both. We would be allowed to issue bank checks in terms of handling the financial affairs,rather than the current warrant procedure which is then redeemed by checks.Certain kinds of agreements, such as cited regarding Pullman for the recycling center under city control would be possible. Also there would be no Immediate changes,in fact have no changes to suggest as a result of the change to the optional code should it occur. He again stated - "There are some advantages,so are no apparent disadvantages,but also neither was there any great urgency in changing to the optional code",and concluded his review. Mayor Ebbert then opened the public hearing and called for comments andquestions from those attending the meeting. Norma Zurlck.539 Dale Road: We absolutely oppose this Code City.As voters in Moses LakeI feel youhave absolutely no right to push this down the throats of citizens,and I feel that is Just what you are doing.I want to put my vote -'no'. Mayor Ebbert noted- we can't give you any comments back, all wecan do is make notes during a public hearing. Toan Nichols.1116 So. Ash: I became aware of Code City long before it was brought up here.I notice on television they had something there about the Land Use Bill in our State Legislature,andinlookingintoit I found that there were4 bills that would affect ourland.One is the Senate Bill 2438, Senate Bill 2620 and Substitute House Bill 168,andSubstitute House Bill 32432.There alsois a bill sponsored bySenatorJacksonin the 94thCongress forthe Land Use Bill, and Senator Udall of Arizona has sponsored another bill.The4 bills that are in our State Legislature have been sort of tabled because of so much controversy for the last three years.But after understanding and worryingandworkingonthisproblemof land use I got ahold of the Municipal CodeCity from our City Government,which bythe way I was very pleased to get.As I read it through,it didn't seemtoo badon the surface; it seemedto facilitate a lot of business that is to get done.But in-between the lines it isnot what you read, it is what you don't read.There seemsto be in Chapter 35A .63.061 -Compre hensive Planning - and it tells Code City shall by ordinance direct Planning Agencies to prepare a Comprehensive Plan foranticipating the influence of orderly and coordinated development of land, to be building use of the Code City and its environments.-* No. 1- Aland use element that is designed to propose general distribution,general location in its sense and of the uses of land. Now this is directly coordinated to the land use bill that are here in the State Legislature and there is a hassle about,and in our 94th Congress. I would liketo quote from Senator Udall whose bill is in Congress now.He says,"The quiet revolu tion in land use Is real and is energizing more and more communities." I would like to say I amopposedto it. I think it is being pushedby the Land Use,Local Planning Acts and all these different things. Virginia Hill.343 Northshore Drive: We have had some comments about competitive bidding and its effect in the Optional Code. If we refer to our Third Class city ruling now 35.23.352 -'Contracts,Purchasing and Advertising';it relates here inthe very beginning ina very long section about Public Works and PublicWorks Maintenance and of the necessity of bidding these whenthey exceed §5000. It continues in a very long section all of the portions that goalongwith this,which is veryright.It also continues, underourthird class city: -Any purchase of supplies, materials,equipment orservices, otherthan professional services,except for Public Works for improvements where the costthereof exceed $2000 shall be made upon call for bid in the same manner and under the same conditionsasrequiredthereinona call for bid for Public Works or Public Work improvement.It also goes onmentioningtheannualforpublicworksannualbid.This you will remember is under ourthird classcity,under which we operate now..Under 35.23.353-Contract,Purchases and Advertising - it goesonthento sayabout our garbage disposal and gives further municipal credence tothat,and we agree with that,and we have that today. Now -35A which is our Optional Municipal Code.In this area regarding competitive bidding in ourbusinesstheyareusingthegenerallawrelatingtoPublicWorksContracts.It relatesto the 35.23.352asrelatedtoCompetitiveBidding,and that would bethat portion that relates to Public works andpublicworksmaintenance.This will still be Intact.Itis the absence of this that draws onr attention Now fronTa letter from the State Attorney Generals office,I would Uke to relate to one portion.InXesummationhewenttogreatdetailtosaythatwhatisleftoutofCodeCityisthat:whet-we mustnoticeTheearliernotedabsenceofanyreferencetocontractsforservicesinRCW35A.40.200acauiresgrLtsignificance..Because of this absence the provisions of this statute simply do not reachSS^t^aiKVof acode city to execute such contracts.Even though the powers of a second u t City Council Meeting Minutes:5 April 8'1975 t«*fourth class cltv is so limited,instead ofthese limiting provisions as In this case,the require-^^^MS£^W^9 to the extent that the code city is engaging in public works and public works maintenance. I will vote against It. «„ia u«ohe+a*t*r ?104 Marina Drive-Mayor, you said we have to have a public hearing,you mean^%*^&^^^*»^™*Robinson.Dick says we are probably too^umb we gei w "","•..t think f have to agree with Dick that we have a lot of preponderance of ignoranceTJu^S^^^J£^^n?&£«Bd to talk to the people.Ihave been hasseling£uhthisThing - I w^s at the pubUc deal when the City Attorney explained it to the Council.I haveSengofngoverandolerit,and it is still pretty greek to me.On the first page it says thejpvposeandpoUcytfthUUtoconferuponoptionalcodecitythebroadestpowersoflocal"^J?™^*^nn^tent withthe constitution.Now ifI buy a hunting license,it gives me the permission to shootSr^ttdStfuSTi duck's permission.Now this gives you people the Permissionto tion says -"Governments derive their just powers from the consent of the governed I guess,thata fakes 200Tor 300 s^rson a petition will refer it to the people,and then we could talk it ,W.***.in the newspaper^and we would all know something about itand make a decision to ™to ««^™«*.ltchoiceTnthefomofourcitygovernment.Also we could have a code city ifthe people wantit by directPetitionThispTrScuS-forVis also available in the Optional Code.If the people want to vest theseSwersnyoupeopletheycoulddoitbythismanner.Now,I want to Persuade^youjpeople not^to actSResolutionLetthethingfallonitsownweightandletthepeople,if they want this code city,to ag tate for U f would like toseea few legislators ard you people who are elected Jo office feedSesfquLtfonnairerratherthanChetdoingthat,because Ithink that is politics,and Idon't think that Chet should be in politics. P~w>vnnps.2128 W.Peninsula Drive:In Mr.Waggener's original statement he said that thereIsnoreason'to be in a hurry about this.I think that is sound advice,especially in view of tte petitionsthataregoingaboundtown.If for no other reason,and in view of that,why not put it off for a while.I would vote against it. W.H.Scheele.1128 S.Skyline Drive:I heard about Code City several months ago,and then IheardaboutHomeRuleandpuzzledwithboth, so I began to research,and I found out what it all.meant Code City is adopting the Metro System ofgovernment.Indefining the Metro system of^L^^U £1^wi?h an appointed President,through his appt^crt^*JftM**to their appointed northwest region,to their appointed representative in the city itself,and througfci thisthereisanorganizationthatpreparesalldirectionstodirectallofthepeoplewhoareinvolvedinmetro-pol tan government and this is located on the grounds of the University of Chicago,J^**"^^^1313 West 60th Street. I will also bring up Seattle.Seattle is a,metropolitan form of government and ifisYowonderfu?why are all the propertyowners combating this type of ^^MSkS£S£JRinametropolitangovernmentwhetherwehaveamayororacitymanager,it^all dlrected &°"i 1313West60thStreet,and that means nothing more than a complete consumption of County,State and Citylines,it makes no difference.I am against metro,code city,home rule cities,any other typejofcitythatcomesunderthedirectionofanappointedpresidentandhisappointedcabinetandappointedregionaloffices,and the Northwest Region of this State.Their capitol is in Seattie,and 1engulfsAlaska,Oregon,Washington and Idaho.It was located in the Arcade Building in Seattle and I understandtheyhavenowaFederalbuildingthathousesthem.In 1313 West 60th Street there are 23 organizationsinvolvediOneofthemis the Association ofthe City Managers,and the whole organization also is tied In with the New York Municipal League. EricSkaug.982 Tunlper:I too would like to concur with Mr. Hochstatter In the remarks that the Council should,upon Mr.Waggener's advice, go into this thingslowly.There seems to be much discussion and a lot of different opinions about it.However,It seems to me that this period of timeof post Watergate typeof atmosphere that seems to still be lingering onand people now are ascertain-ing themselves;like the school levy here In Moses Lake,and now a proposal brought to the City CouncilbyMr.Waggener In good faith for you to look into.I think that was his only suggestion that they didlookintotheOptionalCodeCity.Why all ofa sudden it is suggested to us that this Optional Code City'brought before the City Council by the City Manager is part ofa grandiose scheme for some revolutionary type of force to come in and completely undermine ourlocal governments,ourState and Federal government and create sometype of world-wide governmentalsystem that Is goingto oppress all of us.It seems rather ironic to me that we attack the people who are the closest to us in terms of our direct repre sentation,in terms of the government that we do have the most control over;trapse are city electedofficialsbyoneattackingaproposalthatperhapsmeans,as faras I can see,would give them morepowerto be responsive to us.It also seems to me to be somewhat more than coincidental that In association with this attack on the proposal of Optional Code City that there is also a submitted peti tion to change our form of government.It has beenassociated before, andit has again tonight, but I thinkthose people that do have faithIn the people that they have electedthat dobelieve that they havesomethingmorethan just being your neighbors andfriends, andthen being elected to the City Council 2201 2202 City Council Meeting Minutes:6 April 8,1975 all ofa suddenturn them Into conspirators to completely subvert your rights, I think that is completely far fetched.I think with the Resolution tonight,that those who in favor in association with Mr. Waggener and concurring withthe way the City has been run, I think there Is an awful lot should be said in favor of the direction and leadership this city does have. I think it should be recognized,and it Is time forthose peoplethat feel that way make It be known as loudly as those who feel they're completely oppressed by some imaginary force. H.W.Scheele:I would ask this gentleman to research and prove what I have said Is wrong."(Mayor Ebbert used his gavel - saying he had his turn, there were others had not) Erick Skaug:I would suggest he prove it right. Charles Waldo.201 Ashley Way: I have heardvery Interesting discussions this evening. I don't know where 1313 W. 60th Street is,but it is quite interesting.Maybewe should know more about it.But nevertheless we have elected the city officials,and in a waywe are all stockholders, and I think theyaredoinga darngood jobin trying to leadus in the right direction.Now,if we have any faultsto find,we have an open quorum,we come down here anddiscuss it and let's get it offour chests.But I think we should give them a vote of confidence. Natalie Scheele,1128 S.Skyline Drive:Contends we are entering Metro Government by accepting Code City. Pat T.tnhfftT.9.426 Peninsula Drive:Read an article from the Wenatchee Daily World being a letter to theEditor,signed by J.Zlckler,of Moses Lakeexpressing his opinion about Code City resulting inconsoli dation of State,City and County governments under one Region. Therewere nofurther comments or question from the public, therefore,Mayor Ebbert closed the public portionof the hearing, and turnedthe public hearing overto the City Council. 'Otto Skaug inquired if the Council members tacitly'appointed possiblya month ago,although notformallyappointed,in fact that of Mr. Hill, Mr.Johnson and Mr.Swanson,were to obtain some informa tion back from those cities that are nowexisting underthat particular Code City operation. I would think they may have progressed in their attempt to do that*.---'-Thus we have had no comments backfromthem,otherthanwhatMr.Waggener received to some questionsthat he prefaced to the operation in various cities,of which we were informed. I am wondering if you gentlemen had information back and would be relevant at this time ? Johnson:I don't feel wecan speakas a committee appointed to look into this thing, becausewe werenotformallyappointed.But we have checked as best we can,and we are still floundering around.We hada study herewithourCity Attorney,andwe learned nothing that particular evening otherthan we had before.Maybe legislation would be faster. So, I don't see why, if weare not needing this particular thing, why worry about it too much. Skaug:(Answering Mr.Scheele)For your Information about Metro operation.The City of Seattle is .underMetrowiththegovernmentof the.County thereand they have performed a wonderful task andaccomplisheda sewer systemthat •otherwisethey would havebeen unableto be accomplished hadthey operatedsingularlyas a County ora City.So it has a proven benefit,it is not all bad for that particular Metro.Metrodoesn't necessarily imply that we as anOptionalCode City would be immediately thrust into a metrosystem,because it takes two to make a marriage,and thereis no one else around here to marry,as tar as a metro system Is concerned. Scheele asked forrebuttal and got permission:- Mr. Skaug, in Seattle why are so many propertyownersunhappyandformanassociationandtheyare still in combat with thecity management whichisengulfing:- -We can engulf here too.There are plans to engulf the Base,Westlake,and it also takes over Counties and combined county and city management all into one. May I point out something that is interesting.Over*InWestport their City Manager moves from town to town as acircuitjudgedid, so he is also given many jobs.Now I am not talking for or against City Managerformofgovernment,Mayor type,Commission type orany other type,but all metro systems - in your Code 35 it says specifically the metro system will become part of a code city. Skaug:- ACode City could become part ofa Metro,not the reverse,that is a vast difference.The property owners are unhappy with Seattle city government,why?I don't know,you tell me.You say we are being engulfed,or we are engulfing people.We are still trying to mast cate Westlake.We surely haven't been engulfed nor are we engulfing the Port out here.That was an initiative startedbypeoplethatarepeculiartotheBaseoutthere.We know that,and you know that too. Jessica Longston:-Metro Is not a part of the city government inSeattle.Itis Just an organization that takes care of the Sewer and Water and Busses, and it is not part of the City. Moe asked Mayor Ebbert if any written protests had been submitted?There were none. Motion by Boyle that the Public Hearing be closed.Second by Johnson.Motion carried. H 2203 N April 8,1975CityCouncil Meeting Minutes:/ Motion by Skaug -In vle«r of the stated Ije.:oMmme^^t^ft^'^^o^econsideredhere,I would move that we /uft oeiay tne cons u d th Public feel you to know what we are doing allthe time." The question was called.Motion carried unanimously. npnTNANCE -COMPREHENSIVE WYOMING PLAN -WESTLAKE-(1st reading) Aletter was read from Stan Bech,Associate.Planner,^^o^to ^.cSS^S prisedpublichearingonMarch13andagainonMarch20197iinorderto«Kea heari .A^r ,/(\^ to City Council is that whichwas recommended for adoption Dy me namui.y Z^ne?which would allow public parks and some type of public recreation,schools,etc. »;^K2L«;^§^=s^^ Skaug:-If It was the water table then It could preclude its use for some things unlesssome immediate steps be taken. Boyle asked -Has any question been brought up by the people living out:there^regarding £e <ta»lna9eP^fblem as far as reJnlng is concerned?Has ^^"^T^S^ijXT^been some feel- at which time it was tabled. field where the water surface elevation is within 6 feet ofthe ground elevation. The ordinance for rezoning was read in its entirety.Motion by Hill that the first reading be approved.Second by Swanson.Motion carried. Motion by Johnson to set apublic hearing for this ordinance April 22,1975.Second by Moe. Motion carried. ORDINANCE -BROAD RIPPLE ADDITION ZONE CHANGE -(1st reading) R-l Sfngte Family ResldenTial!Spon .request of approximately 60 property owners in the area. The petitioners asked for only these5lotsto berezoned. lohnson -Wouldn't it be logical to go all the way down to the corner and not have spot zoning?Swanson -Tfeel we are defeating the purpose of going ahead.If we change one section of the block,why not change all of It. Wayne Rlmple,Chairman of the Planning Commission,stated ^^^^"^^5^probably as ageneral the whole block should have been rezoned R-l but the Pe^onefs statedonl7forthose5lots.We are in the process of studying arezone,so we thought at that time•gS ahead with the lots In question.He pointed out that they don't take the consideration of spot zoning in question because thatis really notspotzoning,It ties into one. Tesslca Loncston owner ofthe property,stated one reason that was zoned R-3 Multiple Housingifbecausethati^s very Impractical for asingle family because of the topography and also becauseofthetrafficonDivfsion.If you zone it single dwelling,you are the same as confiscating property,because itwoJldbe out of reason to build asingle family dwelling on that property;it would be out of the question because ofthe expense,and of course,the traffic. 2204 (Q& I- April 8,1975City CouncilMeeting Minutes: 8 sicaua - I think that the house Immediately across Division they all having their fronts on Baker ?htpden«a.l^STS w?y""*££?SUeet^ThoufdtuS&why we effectively almost precluded the use of the sale of that property forany single dwelling property. mmmmm§m. parking off-street. Motion by Skaug to table the ordinance.Second by Moe.The motiont failed.Skaug,Moe andslyansoninfavoroftablingandEbbert,Boyle,Johnson and Hill opposed. The ordinance was read in its entirety.Motion by Hill to adopt the first reading of the ordinance as presented.Second by Boyle. The motion carried. Opposed by Skaugand Moe. Motion by Johnson to have a.publlc hearing on May 13,1975 for this zone change ordinance. Second by Moe.Motion carried. REQUEST FOR EASEMENT -GR&MT COUNTY -RESOLUTION NO.709 and the U.S.Postal Department ConstrucUon costs win be *>rne by the oo^CouncU tenance of the aforementioned roadway. %e Resolution was read by title only.Motion by Moe.second by Johnson to grant the easement. Motion carried. -TniTPOT TO SELL PLANTS AT McCOSH RECREATION CENTFR -GARDEN GRO CLUB vO^Aletter was read from Cecil D.Lee,Park &Recreation Director ^^fn^^Tu°n service In a public park must be authorized by the City Council. Motion by Swanson to give the Garden Gro Garden Club the go-ahead and rent the place.Second by Boyle. Motion carried. SELECTION OF CONSULTANT FOR SEWEP FAOTLTTIES PLAN .<#Aletter was read from Jerry Fay.Public Works £^^£S3&S%Z TfiSLZfT9ITusthattheawardofagrantIntheamountof.90^.of.^en^,sA,ot S£Department of Ecology has advised1oVdertoexpeditethegrantaward™*J^ee^tih tee ^f^^election afsoon as possible.As theusthatIfwearegoingtouseaconsultant,we should makejuseie engineering expertise 'The letter continued stating that for the past two months^^PI?he Facilities Plan with various consultans one of which provided an unsollclte ^i^and g reviewed the qualifications of four consultants who are cap"Jf ^aQr be^er qualified than the otherresultconsidersStevens,Tho»p8on &^^of the Plan offirms.Their existing knowledge of °«^^"A™^requested authorization to enter into aStudyisanaddedadvantagetotheCity.He t!?£totol^is estimated to be $60,000,however,SSTSSSS ^on^City Staff,the consultant contract should be a lesser amount. 2205 City Council Meeting Minutes:9 pr , Mayor Ebbert added,the 90%of the $60,000 to be in aform of agrant from the Department of Ecology? jerry Fay replied the basic plan cost Is $62,900 as requested for agrant from the EPA/DOE,and 90% of that would be grant helpful. 8S?.^«ftt8MK*tXlime^w^rega'dl to sewag'e treatment with regards to munlcl- pallties. s?i?rss^a&-.»^see how lnthe wor,d dumping at this time into Moses Lake. Hill:-This plan we have here Is quite detailed and surely ^ey are always throwing new rules at us, but I can't seethat we need that much updating ofa five-year old report. T«rr«r«w.-The study was gone over inquite some detail and it was pared down in fact from its^Itl'^hlMmm^^^^h higher than this amount,and what we are fitting onasforastitDOEhasconsideredamountrightnowtoaccomplishtherequirementsofthefacilitiesplanbasedontheexistinginformationavailableInourpreviousplans. Mayor Ebbert inquired if we have a deadline on this?Jerry Fay replied that we have roughly six months or sometime early Into next year to accomplish. ^SiiSStplStoT^ti a9maJorupgrade in the plant.This could mear.tertiary^^^^STS ffalmostclear water it would be relatively nutrient pure waterinto the Lake,or as one alternate jo recS^^V^Mbe to Pipe the water out to the south of the Lake andto•&lntoth.^n1«- S^a iS^^S.cr It would have to be treated to the point where,ttnc»^"a£l9B^level in it.This goes into the kind of detail that was not embodied inthat original report In 197U. c-wanqnn inrruired--Mr Fay,approximately what percentage of work would the staffbe doing ?£Fay%^™*h*£Z^with the DOE and EPA agency on the 24 th to diecuss;thUParticularproject.At that time we will discuss the particular aspects.When we have resolved?his with them thenTwewillmove on toa discussion with the consultant Involved with the City,•EPA atd DoI?'so,thYs i.anundetermined amount right now;Iwould like to have the City staff** as much as possible, but I cannot putan amount on it at this time. Moe-Ifwe don't do this,where are we now as far as the EPA and DOE are concerned ?Jeny"-WetaEa.discharge permit now that says that we have certain time elements invoked toaJSmpllIhthfsfacilityplan.We have in our Plan of Study given them a date early next year whirfi would apply. Skaug:Is there no one else besides Stevens,Thompson &Runyan?They are a recognized firm, I am sure,but let some other consulting firm in. Fay:I looked at it atthe"standpoint of the ability of doing the work Of the'firms,one was ques&nable.and the others were all equally qualified to do the work,but STR had the prerexisting knowledge xS Moses Lake-. 2206 City Council Meeting Minutes:10 April 8,1975 Hlll:_To follow up Mr.Skaug's comment, I think some of us on the council are not overly endowed with STR both in our own city and elsewhere,plus I think some of the problems we have at Larson Treatment Plant can be directed to poor consulting engineer.So,if we do go into this,I strongly recommend we choose someone other than STR. Skaug:-I think that perhaps some consideration should be given to other firms that are equally qualified.I grant that we do have some rapport with them because of previous jobs,but I would hesitate to authorize to go right back with the same firm that we have employed here'for-perhaps allof our work for the past years. Swanson:-If they are all the sameprlce,maybe we should let another firm start from scratch. s Fay: - We are pretty much on a fixed dollar amount,because the City has established a scope of work.We have reviewed the Plan of Study or scope of work with the DOE and this is how the dollar amount was arrived at.We know pretty much as to how much it is going cost,regardless of consultant use. Boyle: -Would there be any loss of timeor would it be more costly if another consultant were chosen and could they utilitze the studies that have been done as far as the background,or is it necessary to have a background for this particular type of study?Could they utilize this material as readily as STR could? Fay:-Definitely. Moe: Could youstudy this situation a little bit more and bring it back to us next meeting, and see what your opinion is at that time regarding STRor somebody else? Fay: - I would appreciate the consensus of the Council,if that is your wish to go to a consultant selection procedure.This will give me the mechanism to go into some detail,with actually bring ing firms in to present their qualifications. \\& / \\& Motion by Skaug,that permission be granted.Second by Hill.Motion carried. ACCEPTANCE OF WORK -LARSON SEWAGE TREATMENT PLANT A letter was read from M. G.McLanahan,Asst.Public Works Director,stating that McMillin Brothers has completed.:the final installation of the plastic liner on activated lagoon #2 regardingtheLarsonSewageTreatmentPlant, Contract #72-14.He recommended the City Councilaccept /*} the work and enter the thirty-day lien period,contingent upon DOE /EPA approval. Mike Boyle Inquired if there is any critical period of time as far as after the lagoon has been filled as to whether it is going to leak again or not?Mac replied that the lagoon has satisfactorily passed ' the test. Motion by Skaug to accept the work and enter into a 30-day lien period.Second by Boyle. Motion Carried. CITIZEN INPUT p Dona Kelly:- I brought this upabouta year ago, but I think it's timeagain to remind you as Council\0r howand why you are sitting in those chairs.You were elected by the citizens of the people of Moses Lake to represent us,and I feel that earlier this evening when you were asked for a personal vote,that was not representing the City.I think sometimes your personal feelings conflict with what the citizens opinion is.So,I just want to call to your attention again that you are representing us the citizens in how we feel in any of the things that are brought before.you,not your personal opinion. Ben Carpenter:-Questioned Councilman Moe's presentation of the Resolution of Support,"even before discussion in a public hearing called for this purpose to enter into.Who were you representing at the time to motivate you to this particular thing?" Bill Moe:- If you are asking me specifically,I think the people have the right to know where we stand regarding any issues.I think since we have been operating under the present form of govern ment for 15 some odd years which was in fact elected by the people,and might add by a landslide at that time some 150 opposed and some 700 for the present system of government.Obviously if we have been doing business in this fashion for 15 years,we surely have an opinion as to what we think is f^> correct for the City of Moses Lake.It clearly indicates who is for and what,and now we can go on from there. Mike Boyle:-He has one question for information probably.Mr.Waggener could you give a brief synopsis of what the duties of Mrs.Burton are at City Hallln relation to her job? Chet Waggener asked Rick Gagnier as Finance Director to explain,but hi reneged.Therefore,Chet Waggener proceeded.Mrs.Burton serves as City Treasurer,and she handles much of the financial affairs of the City;she has responsibility that has been delegated to her to have basic responsibility for handling the city's investments.One of the things we came to you in the budget was an invest ment program that would'yield a very high return rate with our money,to try to keep a maximum amount of our moneyinvested.Mrs.Burton has been charged with that responsibility.She has full responsi bility to take care of the banking,deposits,redemption of warrants,etc.for the City.There are other responsibilities,but that is a brief summary. Boyle:-The point I am making here is that she has Important responsibilities.-Dave Rea*please take note of that. 2207 City Council Meeting Minutes:11 APr11 B>1975 STATUS/INFORMATIONAL: a. Letter from Grant County Community Action Council.-^?XfAletterwas read from Russell Kasperek,PLS Volunteer Coordinator,stating that April 19,1975 // there will be a gathering of PLS volunteers in Moses Lake.PLS stands for "Program for LocalSer vices",and is funded by ACTION.The volunteers work in all types of non-profit agencies. April 19th has been named "One Day in April"and has been chosed for PLS Volunteers to meet andperformvoluntaryservices forthis community.The main projectis to be a food drive for Community Services. McCosh Park will be the center of all activities.'Cecil Lee, Park &Recreation Director,has been contacted,an application submitted and accepted,for the use of the park and the large meeting room in the Recreation Center . The Moses Lake Police Department and the Sheriff's Department has also been informed of the up coming events that will include from 350 to 650 PLS volunteers. Starting around 10:00 A.M.and ending around 3:00 pm,PLS volunteers (with identification tags^will travel to most homes in and around the community asking for donations of food and clothing.There will also be PLS booths set up outside of stores who choose to participate. Entertainment by PLS and Senior Citizens will be provided at McCosh Park, and there will be a PLSpicnic.There willalso be awards given to PLS volunteers,and hopefully Governor Dan Evans and/or his aides will appear with the Mayor of Moses Lake and PLS Staff to give short speeches.The day will end with clean up of McCosh Park. If morevolunteers show up"than anticipated,(the EcologyDepartmentof the Columbia Basin)is supplying litter bags, and they will be assigned to clean up parks within the city limits.Also, a needs assessment will be taken in conjunction with the food drive. All rules and regulations are,and will be strictly enforced by PLS staff and volunteers. b.City Manager: The City Manager stated the City has received a letter from the State of Washington Traffic Safety Commission dated March 19,1975,and this is related to the traffic safety work program that was presented to the City Council for your approval and then was presented on to the Traffic Safety Commission.He referred to the last paragraph of the letter,which was addressed to Jerry Fay, and signed by Clifford Aden,Director of the Traffic Safety Commission. - "My compli ments are out to the City of Moses Lake for developing the best fiscal year 1976 annual work pro gramreceived so far by the Washington Traffic Safety Commission. Congratulations on a job well done." Certainly commendable that our department has done that good a job in presenting the programfor us,and I thought the Council should be aware of it,added Chet Waggener. Skaug:-That's not unique,it's characteristic of all the departments heads. Fay: - Only wanted to say all the work was done by the Engineering Division. Meeting adjourned at 11:00 P.M. •^_2ez_c?^_^~—5 City Clerk,R. R.^Gagnier AUrtd/rxn fUc. MAYOR,Gordon M.Ebbert ATTEST: