1977 02 082487
CITY OF MOSES LAKE
MOSES LAKE,WASHINGTON
CITY COUNCIL MEETING -REGULAR SESSION February 8,1977
CITY HALL -COUNCIL ROOM 8 P.M.
Members Present:Eric Skaug,Jim Barney,Kent Jones,Don Swanson,Norm Johnson,Bob
Hill,and Bill Moe.
The meeting was called to order at 8 p.m. by Mayor Swanson.
Mr. Jones moved that the minutes of the meeting of January 25 be approved as submitted,
seconded by Mr. Hill, and passed unanimously.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL
STREET
$5,348.55
STREET 5,765.56
ARTERIAL STREET 22,449.68
FEDERAL SHARED REVENUE 1,883.20
WATER-SEWER 5,531.16
SANITATION 18,126.88
EQUIPMENT RENTAL 1,137.74
FIREMEN'S PENSION 57.13
L.I.D.#29 2,038.54
WATER-SEWER CONSTRUCTION 1972 7,059.41
L.I.D.#30 2,696.67
L.I.D.#33 869.81
TOTAL $72,964.33
Mr.Hill moved that the bills be approved as submitted,seconded by Mr.Barney,and
passed with Mr.Hill abstaining from voting for that portion of the warrants to
Pacific Northwest Bell.Warrants 1459 to 1551 were approved for payment.
I.CITIZEN INPUT
None
II.CONSIDERATION OF BIDS
None
III.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS
PUBLIC HEARING -KNOLLS VISTA L.I.D.(SIDEWALKS ONLY)
Jerry Fay,Public Works Director,explained the L.I.D.process to the audience,and
explained the L.I.D.itself.He stated that a 60% protest would defeat the L.I.D.
but at this time there is less than 50%.
The Public Hearing was opened.
The following persons stated that they were opposed to this sidewalk L.I.D.:
Dale Hooks, 509 Dale Road;Margaret Jenson, 334 North Clark; Jay Brizendine, 403
North Dale Road; Mr. and Mrs. Ed Schmaning, 530 Earl Road; John Taylor, 525 Dune;
Mr. and Mrs.William Huff, 614 Meridian; Don Morgan, 429 Dale Road; James Fisher,
515 Earl Road; James Parsons, 531 Dune Road; Mr. and Mrs. Bob Hicks, 551 Dune;
Marie Reiber,708 West Loop;Jean Whaley, 404 Dale Road; John Anderson 427 Earl
Road; Mrs.Lewis Campbell,541 North Dune Road;Carol Winters,544 Dune Road; Mel
Olson, 515 West Pine;Delisle Lester, 552 North Clark Road;Loren Engles, 345 North
Dale; Richard Ragan, 344 North Dale; Jack Michaels, 418 North Dale; Lynn Dorris,
422 North Earl;Dennis Williams, 421 North Earl; and Marjorie Ellestad 431 North
Earl.
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CITY COUNCIL MINUTES: 2 February 8, 1977
The following persons stated that they were in favor of this sidewalk L.I.D.:
Faye Maslen,719 West Loop;Joe Wilson,525 North Earl; Mr.and Mrs.Harold
Thompson, 725 Loop; Alan Quenelle, 439 North Dale Road; Anita Vasquez, 803 Loop
Drive;Betty Pippins, 713 Loop Drive;Barbara Martinsen,528 Dune;Harold Lepsche,
535 North Dale Road; Mr. and Mrs.George Johnson, 722 West Loop;Marvin Greenwalt,
536 North Dale;John Ferguson,333 Earl;Guerrero Oscar,702 Loop Drive;and Mel
Engel,415 North Earl.
There was some discussion about the various problems that the installation of the
sidewalks would cause.
Mr.Fay explained the costs of the L.I.D.to the audience.
There being no further comments from the audience, the public response was closed.
Mr. Fay stated that the protests received represented 42.7% of the property in question.
Mr.Hill moved that the Public Hearing be closed,seconded by Mr.Skaug,and passed
unanimously.
Mr.Skaug stated that he felt sidewalks should be considered in this area.
Mr. Hill moved that sidewalks not be included in the Knolls Vista L.I.D., seconded
by Mr. Barney, and passed with Mr. Hill, Mr. Barney, Mr. Swanson, and Mr.Johnson
voting for,Mr. Skaug and Mr. Moe voting against,and Mr. Jones abstaining.
PUBLIC HEARING -KNOLLS VISTA L.I.D.(STREET IMPROVEMENTS ONLY)
fy Jerry Fay,Public Works Director,stated that L.I.D.#36 is a street resurfacing
\project but not a total reconstruction of the street.It will be a full width
improvement with asphalt one inch in depth.He stated that at the present time
protests are running around 20%.
The following persons stated that they were opposed to the L.I.D.:Karen Huff, 614
Meridan;Bob Hicks,551 Dune; Mrs.Jerry Winters,544 Dune;Delisle Lester,552 North
Clark Road;Jack Michaels,418 Dale;and Helen Worley,422 North Dale.
The following persons stated that they were in favor of the L.I.D.:Faye Maslen,
719 West Loop;Joe Wilson 525 North Earl;Dale Hooks, 509 Dale;Margaret Jenson,
334 North Clark;Nancy Thompson,725 Loop;Jay Brizendine,403 North Dale;Alan
Quenelle, 439 Dale; Mr. and Mrs. Ed Schmaning,530 Earl;Anita Vasquez, 802 Loop;
James Fisher,515 Earl;Betty Pippins,713 Loop;Harold Thompson,725 Loop;Marie
Reiber,708 West Loop;Harold Lepsche,535 Dale; Mr.and Mrs.George Johnson,722
Loop; Mrs.Lewis Campbell,541 Dune;Marvin Greenwalt,536 North Dale;John Ferguson,
333 Earl;Mel Olson,515 West Pine;Lynn Dorris,422 North Earl;Deborah Engel,
415 Earl;Dennis Williams,421 Earl,and Marjorie Ellestad,431 North Earl.
There being no further comments,the discussion by the public was closed.
Mr.Fay stated that 20.8%by assessed valuation have protested and on a lot basis,
23 lots out of 130 have protested.
Mr.Johnson moved that the Public Hearing be closed,seconded by Mr. Barney, and
passed unanimously.
Mr.Hill moved that the L.I.D.for streets in the Knolls Vista area be approved,
and the staff be directed to draw an ordinance to that effect,seconded by Mr.
Johnson, and passed with Mr. Jones abstaining.
PETITION -ZONE CHANGE REQUEST -MARINA DRIVE
A letter from the citizens residing on Marina Drive was read which requested a zone
change from R-3 to R-l.
Mr. Bech stated that there are 12 lots favoring R-3, 15 lots favoring R-l, and two
lots on which there is no response.
Mr.Hill moved that a Public Hearing be set for February 22, 1977,seconded by Mr.
Johnson,and passed unanimously.
m
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CITY COUNCIL MINUTES: 3 February 8, 1977 '
COMMUNICATION -GARBAGE ASSESSMENT -STAN AND ROSE AECK
A letter from Mr.and Mrs.Stan Aeck was read which stated that they objected to
paying for garbage service as there is no garbage at their mini-storage facility
at 401 Fig Street.
A letter from Pat Acres,City Attorney,was read which stated that it was his opinion
that the City of Moses Lake has the right to charge an indiviudal or firm for garbage
collection even though the service may not be used.
There was some discussion by the Council on this matter.
Mr.Skaug moved that the staff be directed to prepare an amendment to the garbage
ordinance which would state that only in the event that a business did not have
either water or sewer,then they would not be required to pay for garbage, if they
did not have any garbage. An affidavit that is notarized will be required to be
signed by the individual or business,stating that they do not have any garbage.
In the event that it is noted that there is garbage,then they would have to pay
for the garbage.Seconded by Mr. Hill, and passed unanimously.
IV.ORDINANCES AND RESOLUTIONS
ORDINANCE -PAWNBROKER REGULATIONS -FIRST READING
A letter from Pat Acres,City Attorney,was read which requested adoption of the
ordinance to up-date the pawnbrokers ordinance.
/Ob^
The ordinance repealing sections 6.26.12, 6.26.16, 6.26.24, 6.26.28,6.26.32 and
6.26.40 of chapter 6.26 of the Moses Lake City Code,entitled Pawn Brokers, and
enacting new sections 6.26.12, 6.26.16, 6.26.24, 6.26.28 and 6.26.40 to said chapter
was read by title only.
Mr.Skaug moved that the first reading of the ordinance be adopted,seconded by
Mr.Barney,and passed unanimously.
ORDINANCE -CRIMINAL CODE -FIRST READING
A letter from Pat Acres,City Attorney,and Wayne Baker,Police Chief,was read
which requested adoption of the ordinance to update the criminal code.
The ordinance repealing portions of Title 7 of the Moses Lake City Code entitled
"Offenses",excepting existing chapters 7.15,7.18 and 7.24,and amending certain
portions of chapters 7.15 and 7.18, and enacting the Moses Lake City Criminal Code,
enumerating criminal offenses and prescribing punishment therefore, not to exceed
ninety (90)days in jail or a fine of five hundred dollars,or both was read by
title only.
Mr.Acres stated that this provides for a code for violation of the laws of Moses
Lake and provides that the laws be enforced in Municipal Court.
Mr. Hill moved that the first reading of the ordinance be adopted,seconded by Mr.
Jones,and passed unanimously.
ORDINANCE -WATER AND SEWER CONNECTIONS -FIRST READING
A letter from Jerry Fay, Public Works Director, was read which requested an amendment
to the reimbursement section of the Water Sewer Connections ordinance.
The ordinance amending chapter 9.2 of the Moses Lake City Code, entitled "Water and
Sewer Connections"was read by title only.
Mr. Barney moved that the first reading of the ordinance be adopted,seconded by
Mr.Johnson,and passed unanimously.
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CITY COUNCIL MINUTES:4 February 8,1977
RESOLUTION AND ORDINANCE -SALE OF CITY OWNED PROPERTY -CONGDON
Pfh
,tf0°A letter from Jerry Fay,Public Works Director,was read which requested an amendment
to Resolution No.661.
The resolution amending Resolution No. 661 establishing general rental rates at the
Moses Lake Municipal Airport was read by title only.
Mr.Johnson moved that the resolution be adopted,seconded by Mr. Barney, and passed
unanimously.
$
A letter from Mr.Waggener,City Manager,was read which stated that the City had
received an Ernest Money Receipt and Agreement from Roger and Barbara Congdon to
purchase Block 4,Lot 10,Larson Addition.
The resolution authorizing the sale of real estate to Roger Congdon and Barbara
Congdon,husband and wife was read by title only.
Mr.Hill moved that the resolution be adopted,seconded by Mr.Skaug,and passed
unanimously.
The ordinance providing for the conveyance of certain land of the City of Moses
Lake pursuant to resolution heretofore entered was read by title only.
Mr. Hill moved that the ordinance be adopted,seconded by Mr. Skaug, and passed
unanimously.
RESOLUTION -AIRPORT TIE-DOWN RATES
RESOLUTION -UTILITY EASEMENT -HOLM
A letter from Jerry Fay,Public Works Director, was read which stated that a utility
easement for a water main was needed in connection with the Franz Plat.
The resolution accepting an easement to the City of Moses Lkae,Washington,for
utility purposes was read by title only.
Mr.Moe moved that the resolution be adopted,seconded by Mr.Jones,and passed
unanimously.
RESOLUTION -UTILITY EASEMENTS -BODIE AND PETERSON
O*-'A letter from Jerry Fay,Public Works Director,was read which stated that easements
were need for utility installations on Marina Drive and Orchard Avenue.
The resolution accepting an easement from Leon M. Bodie and Eric D.Peterson for
the purpose of construction, repair and improvement of utilities was read by title
only.
Mr.Hill moved that the resolution be adopted,seconded by Mr.Johnson,and passed
unanimously.
The resolution accepting an easement from Leon M. Bodie and Eric D. Peterson for
the purpose of construction,repair and improvement of utilities was read by title
only.
Mr. Hill moved that the resolution be adopted,seconded by Mr. Johnson, and passed
unanimously.
V.REQUESTS TO CALL FOR BIDS
None
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CITY COUNCIL MINUTES:5 February 8,1977
VI.REFERRALS FROM COMMISSIONS
RESOLUTION -CASCADE PARK CAMPING FEES
A letter from Cecil Lee,Park and Recreation Director,was read which requested ''
the establishment of new fees for the camping at Cascade Park.
The resolution establishing new fees for camping at Cascade Park was read by title
only.
Mr. Moe moved that the resolution be adopted,seconded by Mr.Skaug,and passed
unanimously.
CONDITIONAL USE PERMIT -MOSES LAKE ALLIANCE CHURCH
A letter from Stan Bech,City Planner,was read which stated that the Planning
Commission had recommended that the Moses Lake Alliance Church be granted a Condi
tional Use Permit for the construction of a church on Grape Drive just north of
the site of Well #9.The property is zoned R-2,Single Family Duplex Residential,
which permits churchs as a conditional use after a Public Hearing has been held
before the Planning Commission.
Mr. Moe moved that the Conditional Use Permit be granted,seconded by Mr. Hill,
and passed unanimously.
VII.OTHER ITEMS FOR COUNCIL CONSIDERATION
ARCHITECT CONTRACT
A letter from Mr.Waggener,City Manager,was read which requested authorization j/3O
from the Council to sign the agreement between the City and architect for the
Police-Justice Court-Council Room facility.
—Mr.Hill pointed out that any major changes would have to also have the agreement
of the Mayor's committee.
. /Mr.Jones moved that the City Manager be authorized to sign the agreement with the
architect, seconded by Mr. Johnson, and passed unanimously.
AIRPORT MANAGEMENT CONTRACT
/&0&
Mr.Waggener,City Manager,stated that Mr.Hanson was concerned as to whether or
not he would be required to pay leasehold tax.A meeting was held in Olympia with
Representative Hanson,Mic Hanson,the City Manager,and the Director of the Department
of Revenue and it was decided that Mr.Hanson would not be required to pay a lease
hold tax.
Mr.Acres went over the airport lease for the Council.
There was some discussion by the Council.
Mr.Barney moved that the airport lease agreement be accepted,seconded by Mr.
Johnson,and passed unanimously.
REQUEST FOR ANNEXATION -DR.RICHARD PENHALLURICK
A letter from Mr.Waggener,City Manager,was read which stated that a request had'
been recived from Dr.Richard Penhallurick for annexation of that property he owns
which lies east of Alder Street,north of East Broadway,and south of State
Route 17. He suggested that the Council consider using the petition method of
annexation and also various other property in the area for annexation.
There was some discussion by Council.
Dr. Penhallurick presented his proposed plan for Penn Vista, which is being proposed
to be built on the proposed annexed property.He stated that it was a 10 to 20 year
project.
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CITY COUNCIL MINUTES:6 February 8, 1977
After some discussion it was the consensus of the Council that if Dr.Penhallurick
wished the annexation,that he should present a petition to the Council with the
signatures of the property owners indicating if they desire to be annexed, and
present the petition to the Council for consideration.
ACCEPTANCE OF WORK -WELL #8 PUMP AND METER AND WELL #11 PUMPHOUSE
A letter from Jerry Fay,Public Works Director, was read which stated that Leonard
Plumbing Co.has completed all work prescribed under Contract 76-01,Well #8 Pump
and Motor and Well #11 Plumbing and Transmission Main, and recommending that the
Council accept the work and enter into the 30-day lien period.
Mr. Johnson moved that the work be accepted and the 30-day lien period be entered,
seconded by Mr. Jones, and passed unanimously.
$
FACILITIES PLAN
Jerry Fay, Public Works Director, reviewed the background of the Facilities Plan
for the Council.The cost of the project will be provided by a 90% grant from the
Department of Ecology and the Environmental Protection Agency,with the remaining
cost provided by the City with in-kind services.This project will involve three
phases,physical survey,inspection,and Sewer System Evaluation Survey report
preparation.
Mr.Jones moved that the Council authorize Mr.Fay to proceed with the project and
that the City Manager be authorized to sign the necessary documents,seconded by
Mr. Barney, and passed unanimously.
REQUEST TO DECLARE EQUIPMENT SURPLUS -COIN COUNTER/SORTER
A letter from R. C.Bierma,Fiance Director, was read which stated that the use of
the Coin Counter/Sorter has been discontinued since July 1976 and recommending that
the Council declare it as surplus for sale.
Mr.Johnson moved that it be declared surplus and that bids be obtained informally,
seconded by Mr. Skaug, and passed unanimously.
VIII.COUNCIL QUESTIONS AND COMMENTS
None
IX.CITY MANAGER REPORTS AND COMMENTS
.3 Jerry Fay,Public Works Director,stated that the petition that was submitted on
\\the Business Improvement District is invalid.It was decided to hold the public
hearing as this would be indicative of what the merchants wanted.If it was found
that this is what the merchants want the Council could use the initiation resolution
process.
\&1
The meeting was adjourned at 10:30 p.m.
Donald E%Swanson,Mayor
ATTEST:
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R. C.Bierma,City Clerk