1976 03 091 I
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City Council Meeting -Regular Session March 9/1976
City Hall 8:00 P.M.
Members present:-Councilman Bob Hill,Norm Johnson,Kent Jones,Don Swanson,Jim Barney
and Eric Skaug.Councilman Bill Moe was not present.
Invocation -Frank Jackson -United Methodist Church
Mayor Don Swanson called the meeting to order,and called for approval of the minutes of the previous
meeting of February 24,1976.Motion by Jones,second by Johnson,the minutes be approved as
written.Motion carried.
APPROVAL OF BILLS
REGULAR BILLS:AMOUNT PAID *
GENERAL $23,594.84
STREET 5,240.10
FED.REVENUE SHARING 408.63
WATER/SEWER 13/940.19
SANITATION 12,369.01
W/S CONSTRUCTION 1972 49,460.88
EQUIPMENT RENTAL 8,793.89
Motion by Hill,the bills be accepted for payment.Second by Jones.Motion carried.
Warrant No's.4837 through 4930 in the amount of $113,807.54 were approved for payment.
ORDINANCE NO.752 -PUBLIC HEARING -ZONE CHANGE REQUEST -E.T.Ebel (2nd Reading).^
A letter was read from City Planner Stan Bech stating the Planning Commission at their regular
meeting on February 12,1976 recommended to the City Council that the zone change request
by E.J.Ebel be approved.The request is to change Burress Tract No.2,Block 1,Lots Nos.2,3 and
4,located at the corner of Beech Street and Fifth Avenue,from "R-2",Single Family Duplex Residen
tial to "R-3",Multi-Family Residential.The Chaussee Corporation desires to purchase the property r
to construct a three-story apartment for the elderly.This same company constructed the Beech Court
Apartments on Sixth Avenue,only one-half block from this proposed zone change.He recommended
that the second reading of the accompanying ordinance be passed.
Mayor Swanson opened the public hearing and explained the procedure of same to those inthe audience.
Stan Bech was asked to present vicinity map and show the area of the zone change request.
Mayor Swanson called for questions or comments from those in attendance.
Dorothy Guffin,506 S.Beech Street,asked if this building that is going to be erected across the
street from her is going to be set back from the road as required in R-3?Also inquired about off-street
parking?
Mr.Chaussee was present and stated - we are holding all the setbacks as required by the City.
The building is a 30%lot coverage.Also for the 30 units there will be parking for 18 cars on the
north side of the property;will be asking for a variance for the parking.
Bertha Guffin,511 S.Ash inquired what material will be used for the exterior of the building?
Mr.Chaussee stated they have not decided as yet but it will be either brick or stucco.
There were no further questions,nor had written protests been submitted.Therefore,the Mayor
closed the public portion of the hearing and turned it over to the City Council for questions or comments.
Eric Skaug inquired if the Planning Commission is planning to go back with the rest of the area with an
R-3 zoning?Stan stated the Planning Commission proposes to rezone the area between Division and
McCosh Park and 5th &6th Streets from R-2 to R-3.
Eric Skaug asked Fire Chief Russ Beeman whether there is any problem with a 40-foot building regard
ing fire service.Russ Beeman stated that 40 feet is the limit,and we can live with that.
Don Swanson inquired as to the setbacks?Stan Bech stated,in the existing zoning ordinance it is
15 feet front and 25 feet rear yard.The proposed zoning ordinance is allowing 5 feet rear yard.
Bob Hill inquired -Under the proposed ordinance what would be the required beautiflcation for a
situation like this in a R-3 Zone?Stan stated that all their open space besides their parking
would have to be landscaped,including the area along the sidewalk and parking will be screened
landscaping.
\—J . -Bob Hill inquired of Mr.Chaussee whether he had any preliminary drawings with him.Mr.Chaussee
did not have them with him, but stated they are willing to comply with the City requirements.The
drawings took the old or.existing setbacks and drawn up according city ordinances.
Kent Jones commented that he thinks the existing ordinance is a little more restrictive than the pro
posed one.
Motion by Jones,Second by Barney,the public hearing be closed.Motion carried.
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City Council Meeting Minutes:2 March 9, 1976
The ordinance was read by title only.
Motion by Jones to adopt the ordinance granting the zone change.Second by Barney.Motion carried.
nS]RESOLUTION NO.749 -SETTING PUBLIC HEARING DATE -VACATION OF RICHARD STREET
A letter was read from City Planner Stan Bech,addressed to the City Manager for Council consideration
stating that a request has been received from Dr. Richard Penhallurick and Vernon Lett,owners of the
property that would be affected by this proposed street vacation,that Richard Street in its entirety be
vacated.Richard Street is located north of Valley Road and East of Stratford Road.He recommended
the accompanying resolution be approved and that a special meeting be scheduled and public hearing
held on March 30th,1976.
Stan Bech further explained the reason these property owners wish to have this street vacated is that
it will run directly through the K-Mart development in this location,and the developers were not told
about this by the existing property owners.This is the reason they proposed a special meeting in orderthat they may proceed with their plans as quickly as possible.The date of the special meeting is not
a regularly scheduled Council meeting,but there is a 20-day waiting period from the date the Resolution
is passed.
Kent Jones inquired why this couldn't be taken care of along with the platting procedure?Stan saidthey will be platting but the piattincrprocedure may take a longer time, and they want to be sure this
street vacation was completed before that.. They will be presenting a preliminary plat asking the
Planning Commission to schedule a public hearing for the preliminary plat at their next meeting on
March 11th.With only a preliminary plat and no vacation of a street,they would obviously be build
ing on a street;it is a dedicated street but not in use,which was acquired by the city through a prev
ious platting procedure for right of way.
(Jones and Hill)
SeveralCouncil members/questioned the reason fora special meeting,since in several Instances previously
requests to hasten procedures were not granted.by setting special meetings.
City Manager Chet Waggener asked to explain the reason the K-Mart people are asking to hasten
procedures.They are operating under a very tight time line.The building has to be constructed bymid-summer or K-Mart will not accept occupancy until ihe next year.This means the developers,If
they are going with the facility this year,have to move really rapidly on it.
He added,the previous Instances questioned if he recalled,Mr. Eck with the Mini-storage and Carl
Thompson, in both instances though they had requested issuance of building permit prior to platting
and at that time neither of them had filed a preliminary plat.In both instances they did get permission
to proceed with building prior to platting after they filed their preliminary plat.That is the same request
the K-Mart people will have before the Council.They happen to have an additional problem, which is
a vacation of a street.He may be mistaken but that is his recollection of the instances questioned.
Also added,that it might be well worth noting,the Environmental Impact Statement which has been filed
and will be public hefore the Planning Commission March 11th,indicates that when the project is
completed they will have full-time employment for 220 people.
Jim Barney felt that with a situation like this,that it is a big corporation trying to get something
coming to ourcity and benefiting our city that an extra meeting night could be possible.Or we
could change the Council Study Session from March 16 to March 30.Also added,the previous re
quests were by-passing the Planning Commission and coming directly to City Council.
The resolution was read by title only setting March 30,1976 as a date for public hearing to consider
a request for vacation of Richard Street.
Motion by Hill to set the public hearing date for March 30,1976 for the street vacation request,
and defer the regularly scheduled Council Study Session on March 16th until March 30th to correspond
with that meeting.Second by Barney.Motion carried unaniously.
\s\V
FINAL PLAT -DAHLIA REPLAT NO.2
Councilman Jones asked to be excused from voting on this issue for reason of personal interest.
A letter was read from City Planner Stan Bech,stating the Moses Lake Planning Commission at their
regular meeting of February 26,1976,recommended to the City Council that Dahlia Replat No.2 be
grant final approval.This recommendation was conditioned on a $4,000 bond being posted to cover
the cost of completing all minimum utility requirements.A $4,000 cashier's check has been posted
with the City Treasurer in lieu of a bond.He recommended that Dahlia Replat No.2 be granted final
approval.
Stan Bech located the area on the vicinity map as located on Clover Drive,Lots 1,2,3 & 4 and on Hill
Street,Lots 5,6,7,8 &9.The bond is for grading of Clover Drive and Hill Street and locating a
Fire Hydrant.Mr.Jones was granted permission to build on unplatted property in December,1975.
On condition with that request he was required to post a $4,000 bond,and with that bond he has been
granted permission to file a final plat.The Commission recommended the plat be approved.
Motion by Hill the final plat be approved.Second by Johnson.Motion carried.
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City Council Meeting Minutes:3 March 9,1976
CITIZEN INPUT
Bob Hill suggested moving'Citizen Input'right after Item 4 on the Council Agenda,because many /£?cP<A
times when we do not have a public hearing,the people have no input on anything on the agenda.
True,I do not want it moved up there and become a public hearing on every Item,and that is some
thing the Mayor would have to control,both time limit and subject.
Eric Skaug agreed,and added that sometimes we don't have a vehicle or channel for adequate citizen
participation and if people are here oh something that affects them,they would like to make a comment.
Before a motion is made,at the Mayor's discretion,inquire if somebody had something to say on the
subject,and also set certain time limits.Any discussion should be pertinent to the item that is on
the floor.
Mayor Swanson ifelt the results could be complete chaos in a way if we ask for discussion on all
items.
Eric Skaug added that he doubts that,in most cases probably will rot get any response.Think the
Council should give it a try.
Kent Jones commented that "Citizens Input"to him does not mean a debate,and placing it earlier
on the Agenda,it would be easier for the Mayor to limit comments for discussion.
City Manager Chet Waggener added that the concept ofplacing 'Citizens Input'at the beginning
of the agenda has a great deal of merit.Also find a comment or quick request from a citizen that
you may feel important enough to add actually as an agenda item,either at that particular meeting
or a later one.Also it is the prerogative of the Mayor that if a citizen's input would help some
in making a decision,would probably welcome it.
The Council concurred to move "Citizen Input"up to Item No.5 on the Council Agenda.
STATUS/INFORMATION
a.Mayor -Proclamation
Aproclamation to "Employ the Older Worker Week"was read and signed by Mayor Swanson /A**^
endorsing the efforts of our Federal Government on behalf of the older workers and designate
March 8th through March 13th,1976 as National Employ the Older Worker Week.
Resignation:
Aletter was read from Joe Wiley submitting his resignation as a member ofthe Park &Recreation /07J
Commission,and also a letter from Park &Recreation Director Cecil Lee stating the Commission
members will be submitting names of potential Commission members for the Mayor's consideration.
b.City Manager
Census:
Aletter was read from Stan Bech,City Planner,addressed to the City Managerfcr Council Considera-//)yQ
tion, stating the Community Development Department will direct the taking of a city-wide census in /'
Moses Lake.In the past two years there has been a substantial increase in residential construction
within Moses Lake.The demand for this new housing and the existing low vacancy rate makes it
essential to take an actual census this year.The amount received from these revenues is approximately
$25.00 per person,and last year amounted to $289,000.The door-to-door census will begin on
March 24th and should be completed by April 2.
Insurance:
John Rogers,of Rogers &Norman,Inc.,was present and was asked if he hadany comments he would /0<2/.<"
like to make.;He proceeded,stating it is only fair to have the Council brought up-to-date what is going
on in the nation and locally as well as statewide regarding insurance.prices which are going "out of
the sky".Along with malpractice,now are products liabilities,where the auto for instance breaks
down and people sue for injury and claim a faulty product,and in the areas of municipalities,govern
mental and quasi governmental bodies,what is happening is due to liberal awards the courts are giving;
the immunities of cities set aside so they are the same as any individual per se,and also tremendous
public attitudes to sue .Arso double digit inflation,and paying today's losses with yesterday's
premiums,therefore,the companies are having troubles.In 1975 there were more losses In one year
than all of written Insurance history of the United States;the sum of $4,200,000,000.
The Insurance Commissioner has looked at the rating structures of municipalities,and the rates have
been increased around 18%to 30%.In the case of Moses Lake,which had credits built in at about
25%to 26%,have become debits to about 5%to 10%.That is not true across the board;it is true in
the miscellaneous casualties.In the areas of operating vehicles it is good,and have an additional
credit there,but not enough to offset major portions of rate increases everywhere.
Upon inuquiry by Kent Jones regarding coverage for the Council,Mr.Rogers said there is more than
suing for bodily injury or property damage,that coverage for the seven Councilmen,City Manager,
City Attorney and City Clerk is for wrongful acts,alleged or actually occurring mistaken statements,
mis-statements,errors or omissions.Per incident Is $100,000,000 subject to deductible of $1,000.
This Council is named as an insured under the liability policy,false arrest policy,and also named
on what Is called a directors &officers errors and omissions policy.
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City Council Meeting Minutes:4
INSURANCE ESTIMATE REGARDING McCOSH PARK RECREATION CENTER:
March 9,1976
The City Manager had discussed the settlement previously with the City Council and felt more
comfortable if we had a second estimate.We have now a second estimate.The original proposal
was for payment of $11,924.00.The current proposal is for $12,960.18.Need to keep in mind that
takes into account roughly $4,000 on depreciation of the paint,floor finishing,etc.,that was to be
presumably replaced if we were to put the building back in its original condition.In addition to that
we have a $1,000 deductible.The estimate received from the local contractor was $14,247.The
difference between the proposal to us andthe local contractor's figures is $1287.Roughly the insurance
company has done is split the difference between the two estimates,which seems to be more than fair.He recommended the Council accept this proposal of $12,960.18 and that he be authorized to so notify '
them, and attempt to come back by the next Council meeting with a recommendation for disposal of the
building.
Motion by Norm Johnscn to accept the offer of $12,960.18,and have staff bring to Council at the next
meeting suggestions for disposal.Second by Hill.Motion carried.
CETA POSITIONS:
The City Manager informedthe Council, the City has received notification that CETA is accepting
applicationsfor funding new projects.The information came with-a very short time line to return
the applications.It is handled differently than it has been in the past;It is for specific projects and
to justify the projects,not the position just by title.The applications were returned without opportuni
ty to discuss it with the Council.At this point, if our requests are accepted for funding, they will
send back contracts for signature.If accepted,the agreements will brought to Council for approval.
MUNICIPAL AUDIT:
Finance Director,Rick Gagnier reported the City received the final Audit Report for 1974 operations.
They are two documents,one on the Water-Sewer Division and one on the General Operations of the
City.The preliminary report findings that were discussed with the Council concerning FICA for fire
men,that we objected to,has been deleted.We talked to them about it,and they sawit in a different
light.Another area in the final version,in fact involves three areas,'one is the final audit for our IAC
projects out at Larson and Cascade Park.Those are state funded projects for those particular parks.
We received excellent reports en those two.In the Revenue Sharing audit,which is part of the GeneralFundOperation,they did add a comment there concerning the alcoholism referral program.This money
should be paid out of the General Fund instead of out of the Revenue Sharing Fund.
Basically,very well pleased with the audit report.
Eric Skaug commented,for the record,we should commend the staff,and particularly the Finance
Department for the.excellent audit reports we have had.
INTER-GOVERNMENT PERSONNEL ACT GRANT -Don Sv/artz,Consultant
The City Manager reminded the Council of a follow-up meeting with Don Swartz.The IPA grant allows
a few more seminars utilizing a consultant.After discussing this with the Mayor,talked with Don
Swartz to arrange two other dates,and since he has a very tight schedule came up tentatively with
April 27 and April 28.That particular meeting would be to pursue avenues in which we can improve
the way we handle our city government.Not particularly looking at problem areas,but to look at
ways to further improve the operation that we have now, and try to do that in a joint meeting with
Staff and Council.Also scheduled a follow-up meeting on June 28 and June 29. This meeting will
cover identifying specific problem areas,and also get into some policy directives related to the budget.
These are almost the only dates available with Don Swartz,and will reed to confirm them as soon as
f.-.'ssible.Also added that the grant expires July 1.
In order for all Council members to attend the June meeting,it was the consensus of the Council to
possibly move the June meeting earlier in the month.Mr.Waggener will get in touch with Don Swartz
and see what can be arranged.
PROGRESS ON ZONING ORDINANCE:
The City Manager expressed concern about progress being made regarding study sessions to review
the new zoning ordinance.Kent Jones commented that he understood Bob Hill's motion that there was only
one item on the agenda for the meeting scheduled for March 30th.Bob Hill concurred that was his motion.
Kent Jones added that he would like to see the balance of the meeting cf March 30thdevoted to studving
the Zoning Ordinance.
Meeting adjourned at 9:50 P.M.
ATTEST:
MAYOR,Donald E.Swanson
City Clerk,R.R.
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