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1975 10 14[f 2112 CITY COUNCIL MEETING -Regular Session October 14,1975 Council Room -City Hall 8:00 P.M. Members present:Councilman Bill Moe,Norm Johnson,Mike Boyle,Gordon Ebbert and Otto Skaug. Councilman Bob Hill and Don Swanson were not present. Inovation -Dean Welch,Evangelical Methodist Church Mayor Ebbert called the meeting to order and called for approval of the minutes of the previous meeting of September 23,1975.Motion by Boyle,second by Johnson the minutes be approved as written.Motion carried. REGULAR BILLS AMOUNT PAID GENERAL $9,071.44 STREET 5,039.49 ARTERIAL STREET 28,552.29 FEDERAL REVENUE SHARING 1,513.55 WATER/SEWER 5,948.67 SANITATION 12,460.51 WATER/SEWER CONSTRUCTION 1972 52,294.72 EQUIPMENT RENTAL 6,186.82 FIREMENS PENSION &RESERVE 26.25 Motion by Skaug that the regular bills be paid as presented.Second by Moe.Motion carried. v_ Warrant No's.3851 through 3970 in the amount of $121,093.74 were approved for payment. PRESENTATION OF E.M.T.CERTIFICATES Mayor Ebbert presented Emergency Medical Training Certificates to Regular Police Officers: Sgt.John Sharp,Sgt.David McNabb,Patrolman Ralph Rogers and Patrolman Douglas Edwards,- and to Police Reserve Officer-s:Gaylord Baker,Eugene Hanover,and Calvin L.Baker."Reserves unable to attend,but having qualified for the EMT Certificate,were Frank Timm,Loyd Coen and Ron Thomas. Chief Baker added his congratulations.He commented that the Emergency Medical Training is far more advanced than a First Aid course.They go completely into the functions of the body and diagnose conditions.They require 80 hours of classroom time plus time in the emergency room in the hospital,which the majority of them spent in the emergency room in the hospitals in Spokane.He also noted that the Reserves did this completely on their own time. ORDINANCE NO.733 - STUDY SESSIONS -(second.reading) A letter was read from Mayor Ebbert stating the attached ordinance establishes the third Tuesday }Utf*4. of each month as a regularly scheduled study session.This concept was discussed at the Study Session held on September 10,1975.The ordinance also indicates these study sessions may also be designated as a regular Council meeting,should the need arise.He recommended the Council establish the third Tuesday of each month as a regular study session. The ordinance was read by title only amending Chapter 1.2 of the Moses Lake Municipal Code by adding a section pertaining to Study Sessions. Otto Skaug inquired for a point of information,when would this particular study session be designated as a Council meeting?Will that be at the outset of the calling order of the meeting, or how?The procedure on that,explained Chet Waggener,would be the same as calling any special meeting.There would have to be 24 hours notice to the press so it could be publicized and would have to stipulate the items specifically to be discussed for that meeting.Those would then be the agenda items on which you could officially take action. Norm Johnson was of the opinion that we enjoy that privilege now.We had in the last month extra meetings,say at least three or four,and yet we have here a .long agenda.Somewhere along the line we could have called a meeting and had some of these things disposed of at one of these meetings. Otto Skaug commented that the study sessions the council has held have been open meetings especially called for studying policy and direction from the Council to the Administration. That included no other area of discifssion as far as agenda items.Johnson was of the opinion that any one of those meetings could have been a regular meeting called,and we could have done this throughout the year. Chet Waggener,City Manager,commented on this,that as indicated at one of the first 'Policy' Study Sessions with the City Council that we have been quite concerned at the staff level that we really don't have the opportunity to give the Council the kind of information that you need on which you can base policy decisions.Suggested then,and would suggest again thrt we really can't do that simply by holding regular council -neetings because you need some opportunities to ' ion City Council Minutes:2 October 14,1975 discuss things in study sessions.We held a rather large number of items off this agenda for this meetings,which would have been slatus/information reports on which you should spend quite a bit of time in reviewing them,and felt this agenda was too heavy to put them on.We need a session next week to go over some of those items in review with the Council.Having the ability to meet regularly to discuss some of the items that will be coming up on the Agenda in advance to give you some knowledge about them rather than having them on the Agenda when you come to Council meeting, I think it will help you to expedite the business at the regular Council meeting.We need to bring the Council up-to-date as to what is happening on the administrative level/arid we think .we need an opportunity to do that on a regular basis. Motion by Skaug to pass the ordinance as written, by Johnson. Second by Boyle.Motion carried.Opposed ORDINANCE NO.734 -MAYOR AND COUNCILMEN SALARIES (2nd reading) A letter was read from Councilman Bill Moe for the second time,explaining because of increasing responsibilities and duties being required of the Mayor and Council members,that an adjustment in their salary schedule needs to be made at this time.He had requested City Staff to prepare the accompanying ordinance showing an increase in the Mayor's salary to $300 per month,and each Councilman would receive $100 per month with no requirement as far as attendance is concerned. The Council passed the first reading of the ordinance at the regular Council meeting on September 23rd, The ordinance was read by title only,amending Chapter 1.26 of the Moses Lake MunicipalCode entitled "Salaries"by increasing the compensation of the Mayor and Councilmen. Otto Skaug suggested that Section 2 of the ordinance,as full compensation that this shall be a compulsory attendance of meetings required of the Councilmen.In other words attendance of the three,scheduled meetings be required. Mayor Ebbert read a letter from Bob Hill submitted because he was unable to attend this meeting. He asked the items regarding Study Session and Mayor and Council Salary Structure be delayed. If not,he opposed the third meeting a month by the Council,stating if there is a need for a third monthly meeting the Mayor has the right to call it.He also opposed the salary increase for 'the Mayor.For the Council salary increase-he suggested it Include an attendance requirement and remain at $20 a meeting,not to exceed five meetings a month. Norm Johnson suggested to leave it at four meetings and go $25 per meeting to make the $100 per month for the Incoming council members,and leave it compulsory that way. Motion by Skaug to amend Section 2 of the ordinance that for full compensation of the $100 per month,attendance of the second,third and fourth regularly scheduled meetings be required, and there be a deduction if anyone does not attend any one of these meetings.Second by Boyle. Chet Waggener asked for clarification,if he understood correctly,in order to rewrite the section Skaug wished to amend.'Compensation for service shall be $33.00 per meeting for attendance at regular,study,special and executive sessions,not to exceed three meetings per month1? Otto Skaug stated he meant the three meetings the council has now scheduled,the second,third and fourth Tuesdays,including the third being a study or council meeting as so designated,,shall be the only three meetings compensatory to the incoming council members. That is actually more restrictive than you have at the present time,stated Chet Waggener. Norm Johnson concurred,and again suggested the four meetings at $25 each,and still total the $100 per month. Mike.Boyle felt that meetings that are held where a Councllmember casts a vote,these meetings do have priority as far as importance to being a city councilman,and I would concur with Mr.Skaug's thinking that these meetings and the third meeting that can be designated as a regular:council meet ing should have priority as far as pay. Mayor Ebbert -what you are saying -is attendance is required at the three meetings to earn the $100 per month. Question was called.'Motion carried to amend Section 2 of the ordinance. Motion by Skaug to adopt the ordinance as amended.Second by Johnson.Motion carried. ORDINANCE -WEST BROADWAY ZONE CHANGE (1st reading) A letter was read from Stan Bech,stating the Planning Commission held a public hearing on September 11,1975 to consider zone change requests from the owners of Lakeshore Trailer Park, Irish Meadows Trailer Park and Shorewood Trailer Park,that their trailer parks be rezoned from their present zoning jof R-Is,Single Family Suburban Residential,to R-3,Multi-Family Residential Zoning. n i •&* "•m ^ 2274 Council Minutes:3 October 14, 1975 The Planning Commission also at the same public hearing considered a zone change request from the owners of Central Towing and OK Rubber Welders that their businesses be rezoned from their present zoning of HS,Highway Service,and R-3,Multi-Family Residential,to CM,Community Business. The Planning Commission,after considering both requests,voted to recommend to the City Council the accompanying ordinance.The ordinance calls for a comprehensive rezoning of the area in question. An area 300 feet in depth would be zoned CM,Community Business,along Broadway between Orchard Avenue and the Milwaukee Railroad right of way.The rest of the area fronting on Marina Drive between Orchard Avenue and Gibby Road would be rezoned to R3,Multi-Family Residential,excluding Lots 1-12 of Bennett Addition.He recommended a public hearing be scheduled for October 28,1975 to consider this ordinance. Monte Holm questioned the depth of 300 feet,since Moses Lake Steel Supply has 450 feet on Commerce Way,and that would leave them partly non-conforming. Stan Bech,Associate Planner and Kent Jones,a member of the planning Commission,also concurred that it was not the intent to leave Moses Lake Steel Supply partly non-conforming and will be checked out and corrected. Motion by Johnson to accept the first reading of the ordinance and represent it with amendment for the second reading,and set October 28,1975 as the date of public hearing for the zone change. Second by Boyle.Motion carried. ORDINANCE -(PROPOSED)COMPREHENSIVE ZONING • Aletter was read from Stan Bech,Associate Planner,stating the Planning Commission at their /0^>/ regular meeting on September 25,1975 recommended to the City Council that the accompanying New Zoning Ordinance be approved and that the existing Zoning Ordinance and all amendments to it be repealed.The development of thhs ordinance has involved numerous hours of dedicated work by the Planning Commission,and after three years of study sessions Involving the Planning Commission,City Staff,Moses Lake citizens and City Council,it is now ready for final approval by the City Council.He recommended that a study session be scheduled to review this ordinance so that before its passage they might have a complete understanding of it. Motion by Skaug to have this on the agenda at their third study session this month.Mayor Ebbert commented that we probably have too much on that meeting agenda. The motion lost for lack of a second. City Manager Chet Waggener stated that thinking of the schedule the Council has facing them with continuing review of the policy statements and getting into budget discussion,suggested .that the Counci)set a study session in the near future and get some of the other things out of the way. Motion by Ebbert not to set a date for a study session for the new jzoning ordinance and leave it open.Second by Boyle.Motion carried.„, ORDINANCE - (PROPOSED)ENVIRONMENTAL POLICY REGULATIONS Aletter was read from Stan Bech stating the Planning Commission at their regular meting on /OV/ September 25, 1975,recommended to the City Council that the accompanying ordinance on Environmental Policy Regulations be given final approval. In 1971 the Washington State Legislature enacted into Law the State Environmental Policy Act. The Actrequired that every political subdivision and governmental agency within the State ofWashingtonimplementprocedureswhichwouldprotecttheenvironment.It did notofferany guidelines which local governments could use in developing their own guidelines.This ordinance is an effortto provide Moses Lake with a comprehensive yet easy to follow set of regulations whichcomplywiththe1971StateEnvironmentalPolicyAct. Stan Bech :recommended that a study session be scheduled to review this ordinance in order to have a complete understanding of it before it is given final approval. Motion by Johnson,since this is notas comprehensive as the zoningordinance, to extend this over to the next study session on October 21, 1975. Second by Boyle. Motion carried. RESOLUTION NO.726 and ORDINANCE NO.735 -SALE OFCITY OWNED PROPERTY - Lot 7 &8GARDENHEIGHTSSECONDADDITK5N7—^^' Aletter was read from City Manager ChetWaggener,stating that an .offer has been received from ?iJLandr °2ofnoldri(?gf'husband and wlfe*to purchase Lots 7 and 8,Garden Heights Second™*?/"V100 eac,h iot'which ls ln acc°«*with the appraised value ofthe property by theMultipleListingBoard.This property was acquired by the City,through LID Foreclosure on LID #16Herecommendedthattheofferforpurchase,be accepted.The Resolution &Ordinance were read by title. Motion by Johnson to adopt the Resolution accepting the offer.Second by Boyle.Motion carried. Motion by Johnson to pass the ordinance authorizing the City Manager and City Clerk to executeawarrantydeedconveyingLot7&8,Garden Heights Second Addition to the Aldrldges.Motion carried. 2275 / /o*/ City Council Minutes:4 October 14,1975 RESOLUTION NO. 727 and ORDINANCE NO. 736 -SALE OF CITY OWNED PROPERTY - Lot 6, GARDEN HEIGHTS SECOND ADDITION.~~"~ A letter was read from City Manager Chet Waggener,stating that an offer has been received from United Builders of Washington,Inc.,to purchase Lot 6,Garden Heights Second Addition,for$1400,which is in accord withthe appraised value of the property by the Multiple Listing Board. This property was acquired by the City through LID Foreclosure on LID No.16. He recommended the offer for purchase be accepted.The Resolution and Ordinance were read by title only. Motion by Moe,second by Johnson to adopt the resolution accepting the offer.Motion carried. Motion by Boyle to pass the ordinance authorizing the City Manager and City Clerk to execute a warranty deed conveying Lot 6, Garden Heights Second Addition to United Builders of Washington, Inc..Second by Johnson.Motion carried. ,)D RESOLUTION NO.728 and ORDINANCE NO.737 -SALE OF CITY OWNED PROPERTY|0 'LOTS 22, 23.24 and £of LOT 25.GARDEN HEIGHTS SECOND ADDITION A letter was read from Chet Waggener,stating that an offer has been received from United Builders of Washington,Inc.,to purchase Lots 22, 23,24 and one-half of Lot 25,Garden HeightsSecond Addition. This property had been withdrawn from sale at the suggestion of the Multiple Listing Board until such time as the storm drain was installed to determine its effectiveness.The offer of purchase of $1400 per lot is identical to the Multiple Listing Boards appraisal for Lot 6 of Garden Heights Second Addition.This property was acquired by the City through LID Foreclosure on LID#16. He recommended that the offer for purchase be accepted. Chet Waggener stated the other one-half of Lot 25 had been previously sold with Lot 26. He also added that the value of the other lots involved,that of Lots 21, 22, 23, 24 and one-half of 25 are deeper lots and somewhat more frontage than either Lots 6, 7 &8, and they have a severe drainage problem on them. A storm drain we are putting in goes through the back 30 of the lot*,so the effective area of the lots that is really usable is diminished to approximately the size of the lot we were offered $1400 for, so we felt that it was a comparable appraisal.United Builders iswilling to take the gamble that the stormdrainwill be effective.By accepting the offer, feel we are selling at the highest reasonable value,since we have had appraisals on most of them. The resolution was read by title only.Motion by Boyle to adopt the resolution accepting the offer. Second by Johnson.Motion carried. The ordinance was read by title only.Motion by Johnson and second by Boyle to pass the ordinance authorizing the City Manager and City Clerk execute a deed conveying Lots 22, 23, 24 and one-half- of 25 Garden Heights Second Addition to United Builders of Washington,Inc.Motion carried. RESOLUTION NO.729 and ORDINANCE NO.738 - SALE OF CITY OWNED PROPERTY - Lot 21. JD GARDEN HEIGHTS SECOND ADDITION^'. \w A letter was read from Chet Waggener,stating that offer has been received from United Builders of Washington,Inc.,to purchase Lot 21, Garden Heights Second Addition for $500. Lot 21 is extremely low and is affected more drastically .than any of the lots by the underground drainage problem.There for this lot probably cannot be built upon but could be used to meet sideyard requirements.This proper ty was acquired by the City through LID Foreclosure on LID #16.He recommended the offer for purchase be accepted. The Resolution and Ordinance were by title only.Motion by Johnson,second by Skaug to adopt the resolution accepting the offer.Motion carried. Motion by Moe and second by Skaug to pass the ordinance authorizing the City Manager and City Clerk to execute a deed conveying Lot 21 Garden Heights Second Addition to United Builders ofWashington. Motion carried. *RESOLUTION NO.730 - ACCEPTING CONVEYANCE OF PROPERTY -RESERVOIR NO.5 A letter was read from Public Works Director Jerry Fay submitting the Resolution accepting approximately 1.5 acres of land from the State Board for Community College Education.The purchase price of this property was $2,000. As this property is essential to the completion of the Reservoir No. 5 Project, he recommended the City Council approve the resolution. The Resolution was read by title only.Motion by Moe to adopt the Resolution accepting the quit claim deed for the Reservoir No.5 property.Second by Boyle.Motion carried. RESOLUTION NO. 731 - ACCEPTANCE OF UTILITY EASEMENT -RESERVOIR NO.5 |q|3 Aletter was read from Jerry Fay stating Sidney Hoare has conveyed and warranted aUtility Easement 2276 City Council Minutes:5 October 14,1975 to the City.This Easement was requested to provide access to Canal EL 20 for emergency disposal of overflow waters from Reservoir #5.He recommended acceptance of the Resolution and payment to Mr.Hoare of $50.00 for this Easement. The resolution was read by title only.Motion by Moe second by Johnson to adopt the resolution accepting the easement from Mr.Hoare.Motion carried. RESOLUTION NO.732 -AUTHORIZATION TO SIGN CHECKS Aletter was read from Rick R.Gagnier stating, the resignation of James H.Griffin,Assistant //^^/<7 Finance Director-Accountant effective September 30,1975,created promotions within the Finance Department.This necessitates new signature authorizations with the banking institutions of Moses Lake.He submitted a resolution designating individuals who are authorized to sign checks on behalf of the City of Moses Lake. The resolution was read by title only designating the following people to sign checks: Chester L.Waggener,City Manager;R. R.Gagnier,Finance Director/City Clerk;Jean Burton, Accountant;DarylAnn Leonard,Deputy Clerk-Treasurer;Curtis D.Gjerdevlg,Data Processing Supervisor. Motion by Skaug,second by Johnson authorizing the designated people to sign checks. Motion carried. RESOLUTION NO.733 -REQUEST TO VACATE EASEMENT BETWEEN LOTS 8 & 9 DAHLIA REPLAT #1 David K.Jones has requested that a public right of way easement between Lot 8 and Lot 9 of Dahlia Replat No.1 be vacated.The resolution sets the date of November 11,1975 at 8:00 P.M. in the City Hall for the purpose of determining the advisability of vacating a ten-foot public right of way easement between Lot 8 & 9 of Dahlia Replat No.1. Stan added that in the Subdivision Ordinance,which is one of the ordinances that need to be up dated,states therein that if a subdivision block over 650 feet in length that a public sidewalk or driveway is necessary.-These public right of ways and sidewalks are not the responsibility of the city to keep up,but is the responsibility of landowner himself,and in the past this has never been done,and actually serve no purpose,and that is the reason for recommending this vacation to go through. Motion by Johnson to adopt the resolution setting the date for a public hearing on November 11, 1975.Second by Skaug.Motion carried. i. RESOLUTION NO.734 -ACCEPTING C.B.RADIO FROM KIWANIS CLUB Aletter was read from Police Chief Wayne Baker stating the Kiwanis Club of Moses Lake recently /&/CP donated to the Police Department a Citizens Band Radio for use in monitoring Channel 9,which is considered to be the emergency channel of the citizen band frequencies.This radio allows the Police Department to monitor on a continuous basis the emergency calls on the citizens band frequency. Since installation,this radio has been the means by which several Incidents have been reported to the Police Department by alert citizens who have radios of their own.The Chief considers it an asset to the Police Department and wishes to express his thanks to the Kiwanis Club of Moses Lake. The Resolution accepting the gift was read by title only.Motion by Boyle,second by Johnson to adopt the resolution of acceptance and suggested a letter of thanks be sent to the Kiwanis Club. Motion carried. CITIZENS COMMITTEE -CIVIC CENTER COMPLEX Mayor Ebbert stated that Dave Passey,Chairman of the Ad Hoc Committee,chosen on the first nightly meeting of the group,has done a terrific job in organizing the names,addresses and occupa tions as well as ages and races,etc.,and presented to the Council in a fashion which is easily acceptable and understandable.It covers geographically the whole area of Moses Lake.He asked Dave Passey if he had any comments he would like to make. Dave Passey stated they attempted to do that as an Ad Hoc Committee to the greatest of their ability.There were two considerations that we utilized in soliciting volunteers were the comments of the Council at the meeting of September 23rd,was that we felt the number of individuals to that date were insufficient and also the cross-section of the community.In tapping additional people we tried to meet the criteria of over 40 members totalling to date.Mayor Ebbert complimented him as having done a remarkable Job,and now this group can proceed to meet and select their chairman if the council concurs. Motion by Johnson to accept them and let this committee get on with some action.Second by Boyle. Motion carried.Mayor Ebbert added that the Committee will meet October 20th at City Hall. JO/3 2277 City Council Minutes:6 October 14,1975 fl\0 ACCEPTANCE OF WORK -EASTLAKE OVERJOY A letter was read from Ron Baker,Asst.City Engineer,stating McAtee &Heathe,Inc.has satisfactor ily completed all work under Contract No.75-15 Eastlake Storm Sewer Overlay.He recommended the City Council accept the work and enter into the thirty-day lien period. Motion by Skaug,second by Coyle to accept the work and enter the thirty-day lien period. Motion carried. ACCEPTANCE OF WORK -MARINA DRIVE PAVING J ^A letter was read from Jerry Fay stating McAtee &Heathe,Inc.has satisfactorily completed all work under Contract 75-17 - Marina Drive Resurfacing.He recommended the City Council accept the work and enter into the thirty-day lien period. Motion by Johnson to accept the work and enter into the thirty-day lien period.Second by Skaug. Motion carried. I 0^ FINAL PLAT -GRANT COUNTY GROUP HOME A letter was read from Associate City Planner Stan Bech,stating the Planning Commission at their regular meeting on September 25,19 75 recommended to the City Council that the Grant County Group Home plat be approved as final with the following conditions:1. That a letter be presented by Grant County guarantying that all minimum Improvements as required by the Moses Lake Subdivision and Platting Ordinance be completed prior to September 1, 1976. 2. - That no occupancy permits shall be issued for any buildings on the plat until all minimum improvements have been completed. He recommended the Grant County Home Plat be given final approval. Motion by Skaug to approve the final plat.Second by Boyle.Motion carried. INTERGOVERNMENT USE AGREEMENT - BIG BEND COMMUNITY COLLEGE Park &Recreation Director Cecil Lee submitted a letter with the accompanying agreement,stating that in the past Big Bend Community College and the Park &Recreation Department have exchanged the use of facilities and equipment for the benefit of the general public.The agrement simply sets down good ground rules for future exchange.Such an agreement is essential to the success of any long term Inter-Governmental Cooperation program. He recommended the City Council approve this agreement and full support of any efforts to better utilize existing public facilities. Cecil Lee added that the agreement also sets basic rules for use between other agencies and some good guidelines for some fees and charges.This was also reviewed by Rogers &Norman and it does release each agency and each takes care of their own.Also added that the agreement has been re viewed by the City Attorney.John Calbom,City Attorney,added that this agreement can be terminated within 60 days notice. Motion by Skaug to approve the agreement with BBCC.Second by Moe.Motion carried. INTER-RACIAL COMMISSION -RESIGNATIONS AND APPOINTMENTS A letter was read from Mayor Ebbert requesting Council confirmation to reappoint Darlene Skeels,Hazel Dozier and Margaret Brotherton to two-year terms on the Commission,each term expiring June 1,1977.Appoint Francis Jones as a new member of the Commission,whose term shall also expire June 1, 1977.Accept resignation of Ruben Cedeno,and reappoint Darlene Skeels as Chair person of the Commission. Mayor Ebbert added that Darlene Skeels is in the process of moving to Othello,but it has been in the process for quite a long and she doesn't know how much longer it will be,but she has accepted the chairperson responsibilities for the Commission until such time when she moves and can at that time be replaced. Francis Jones is one of the Supervisors for the Job Corps. He is Indian and very well educated man, added Mayor Ebbert, and that he knows him real well.He is a very likable person.He expressed interest on his own and volunteered to serve on this Commission. Motion by Skaug that these requests by the Mayor concerning the Inter-Racial Commission be confirmed.Second by Boyle.Motion carried. CITIZENS INPUT Eric Skaug addressed Dave Passey,Ad Hoc Chairman of the Civic Center Committee,stating that he thought the listing is conspicously void of those people under the age of 30, and probably leaving outa lot of people that are obviously a largepart of the community,those from 18 to 30, and maybe an effort should be made to incorporate more young people on that committeeif at all possible.Dave Passey responded stating,- to find them or reach them in a group where they can be addressed. \:j)CP 1°\l Meeting adjourned at iO:P.M ATTEST: yt*A^r ccdon M.Ebbert