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1977 02 222498 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING -REGULAR SESSION February 22,1977 CITY HALL -COUNCIL ROOM 8 P.M. Members Present:Eric Skaug,Jim Barney,Kent Jones, Bill Moe, and Bob Hill. Absent:Don Swanson and Norm Johnson Mr.Moe moved that Kent Jones act as Mayor Pro Tern in the absence of Mayor Don Swanson, seconded by Mr. Hill,and passed unanimously. Mr. Hill moved that the minutes of the meeting of Febreuary 15 be approved as submitted, seconded by Mr. Barney, and passed unanimously. APPROVAL OF BILLS REGULAR BILLS AMOUNT GENERAL $45,705.39 STREET 11,146.54 ARTERIAL STREET 1,763.67 FEDERAL SHARED REVENUE 2,061.39 WATER/SEWER 23,388.42 WATER/SEWER CONSTRUCTION 5,121.92 EQUIPMENT RENTAL 12,624.42 LID #29 3.10 LID #30 176.19 LID #31 104.62 LID #33 45.84 TOTAL $102,141.50 Mr.Moe moved that the bills be approved for payment. Mr.Barney wanted to know about the insurance payment to Rogers and Norman. Mr. Waggener stated that this payment was for the third year on a three year contract. Mr. Barney felt that local companies should be given the opportunity to bid on this service.Mr.Waggener stated that at the end of this contract local companies would be invited to present their bids on insurance services as per the agreement with the City Council last fall. Mr.Barney stated that he would like to look at the three year contract with Rogers and Norman. Mr.Skaug seconded the motion.After some discussion Mr.Waggener suggested that the warrants to Rogers and Norman be held for payment for two weeks. Mr. Moe withdrew his motion and Mr.Skaug withdrew his second. Mr. Hill moved that the bills be paid with the exception of the bill to Rogers and Norman,seconded by Mr. Barney, and passed with Mr. Moe opposed and Mr. Hill abstaining from voting for that portion of the bills to Pacific Northwest Bell.Warrants 1552 to 1657 except for warrants 1624 and 1625 in the amount of $75,972.42 were approved for payment. I.CITIZENS INPUT None II.CONSIDERATION OF BIDS None III.PETITIONS,COMMUNICATIONS,OR PUBLIC HEARINGS PUBLIC HEARING -ZONE CHANGE REQUEST -MARINA DRIVE Stan Bech,City Planner,stated that a petition had been received that was signed bys/&2 11 of the 16 property owners along Marina Drive requesting that the zone be changed to R-l.He stated that 73% of the property owners,representing 59% of the property, had signed the petition. He stated that on two previous occassions the Council had elected to leave the property R-3. 2499 CITY COUNCIL MINUTES:2 February 22,1977 The Public Hearing was opened. Mr. and Mrs. Cliff Hochstatter, 2928 Marina Drive, lots 118 and 119; Mr. and Mrs. LeRoy Friday,1810 South Hunnington Place,Kennewick,Lot 99;Mervin Dexter,Lot 95; David Oman,and Mr.and Mrs.Dorse Oman,Lots 93,94,and 96;George Goltz,Lot 105, represented by Dorse Oman;Hal Ebel,Lot 120;Mr.and Mrs.Fred Paul,Lot 100;Mrs. Robert Wallenstien,Lots 115 and 116;Mr.and Mrs.Jay Chapman,Lots 106,107,and 108;and Mr. and Mrs. Mac McCullough, Lot 103;all spoke in favor of the R-l zone. Mr.and Mrs.Neil Lucke,Lots 102 and 104;Don Worley,Lots 109,110,111,112,and 114;Mr.Peterson and Mr.Bodie,represented by Don Worley;Mr.and Mrs.Harvey Allison 723 Margaret Street,Lots 117 and 117A;Jim Schmidt,930 Skyline Drive,representing Mr.Bodie,Mr.Peterson,and Mr.Worley,Lots 97,98,109, 110,111,112,113,and 114,all spoke in favor of the R-3 Zone. Ken Earl,a lawyer representing those home owners requesting the R-l zone presented his case for the R-l zone to the Council.He went over the letter that he had sent to the Council regarding this area. Glenda Allison,daughter of Harvey Allison,Lots 117 and 117A,stated that the area from Interlake to the Hallmark Inn was already R-3 and she favored the entire area staying R-3. Harvey Allison,117 and 117A,stated that he would like to know how the Pancake House, the Potato Commission,the Hallmark Inn,and the trailer court obtained permits to build if the zone was not R-3. Mr. Jones stated that he could not answer for what went on in the past and that the main concern tonight was to determine the zoning along Marina Drive. Curly Mills, at Interlake,stated that he was in favor of the R-l zone. There being no further comments from the audience,the discussion by the public was closed. Mr. Jones asked for comments from the City Council. Skaug:Mr.Mayor,a question for Mr.Earl.The points that you have raised Mr. Earl regarding the illegality,perhaps,or certainly the questions raised about the appearance of fairness doctrine with regard to our November 9 meeting.How would you suggest that this situation be remedied.What I am not suggesting is to make it right is to change the zone,as is implied in,I think,the final page of your letter.But,how do we right this situation as a technical question which has been brought up by several individuals tonight. Earl: I would suggest that you vote on what you're going to do and then turn it over to your city attorney to put it in the right form. Skaug: I would ask this question then of both Mr. Earl and Mr. Acres - regarding the appearance of fairness, I think you cannot help but construe what our attempt has been by holding two additional public hearings on this as a definite attempt to be open and fair about this topic, as opposed to the November 9th meeting. Earl:Our reaction to that was whatever those attempts were in both of those meetings, that you misconstrued whatever the information you had that you were working with. The Council misconstrued that. I don't know whether you were purposely misled or what but you misconstrued that information.In both meetings you talked about -well we must getting about 50/50 now.And at no time has it ever changed. Jones: Mr.Acres do you have any comments as far as where we stand on that. Acres: Ok.Let's first start out with the concept of zoning. The concept of zoning is certainly not this many land owners say this -this many land owners say that. I think the concept of the Council I recognized that they were dealing with the night we had the hearing was here was the island of an R-l in relationship to R-3 all around it. At least that's what I thought that it was all concerning because the map pretty clearly pointed that out as it went through. The second comment I might make on this matter is that I think Mr.Skaug has the right idea in this matter. Mr. Earl, I mean,let's look at it in this view point.You represent these people and they feel they haven't had a fair and adequate hearing as I hear you taking issue with it tonight. Is that essentially your position? r*\ n 2500 CITY COUNCIL MINUTES:3 February 22,1977 Earl:State that again. Acres: Well, are you stating that these people you represent have not had a fair and adequate hearing before the City Council? Earl: I said they did not have a fair and adequate hearing at the City Council meeting on November 9 when the comprehensive map was changed from R-l to R-3. Acres:What about tonight. Earl:Tonight is fine. Acres:So you would have no objection to having the Council take action on the matter tonight.Is that not correct? Earl:Well,I don't like the numbers in here tonight.I wish all the Councilmen were here.But I can't help that. Jones: Mr. Acres, I don't know that we need to get in to a . . . Acres:Well,I think it is helpful Mr.Jones. Jones:Well, you are probably right, but I think when we boil it all down, unless there is something different than I am aware of,the six of us remaining are going to sit on this hot seat until we do something about getting off it. I realize when you listen to that two months from now that isn't going to sound that way it's supposed to,but that's the way I feel.Unless that is essentially wrong,I think we need to dump this back in the Council's lap. Acres:I have no objection to that. Jones:Motion to close the public hearing.Second by Mr.Barney,motion by Mr.Hill. All those in favor say aye. Motion carried. Hill:I will move the city staff be directed to draft an ordinance changing this from an R-3 to an R-l as I previously requested two months ago. Jones:You heard the motion.Do we have a second.We need a second or we need to go someplace else. Motion died for lack of second. Skaug:I'm suggesting that before a motion is made on this particular request that all Councilmen be present when we act on this, in the appearance of fairness. Now it may be a moot question in that it might be 4 to 3 or 5 to 2 which is a very distinct possibility.I would maybe ask Mr. Acres to respond to that.Requirements of full Council or just a quorum. Acres: Well, I don't think there is any requirement that a full Council be here, but I think what the question your asking is really a Councilmatic decision and that is should you defer action to have everyone on record on this matter;and it really isn't a legal question Mr. Skaug. Skaug: I would like to have everybody on record on this. Hill: To me I feel an overwhelming 73%of the property owners,whether there happen to be 5 of us, 7 of us,or it could be 4 of us, I think it is time that we stand up and be counted on the issue. Jones:Maybe that's my cue to make a comment.I guess I feel like,and not everybody sitting here has had a chance to read the 12 pages of oratory.Granted,I would not win contests with you Mr.Earl in oratory and standing up here and debating I'm sure you would win all those.And taking my comments off the tape, I am sure you can do with them as you wish.That is your perogative.My basic feelings have not changed. I guess,taking a look at this thing,based on what we changed on November 9, I pull out on my map five lots.Doesn't make a big difference in terms of percentages because on my map three of those people say they would like it to stay R-l and two of them say they want it R-3.But,I can't work,Mr.Hill,with the 73%of the people although it is probably the most popular thing to do.We don't do it on anything else.We do it in terms of the properties affected and I guess I just can't feel that we need to do it here.I guess I feel like,personally,that there has been some question ,qJ\°' 2501 CITY COUNCIL MINUTES:4 February 22,1977 as to whether or not I've done the right thing based on 12 pages of oratory and comments that maybe I met with somebody previous to the meeting and had my mind made up by some thing other than what happened at the meeting.I feel like somebody is taking a shot at me, and I don't like the feeling,but I guess that's what I'm getting the big pay for.Anyway,I go back, Mr. Hill, to what I have said a number of times. I said it before I got on the Council,when I was on the Planning Commission,I know you don't like to hear that,but that's what I said when I was on the Planning Commission,that in looking at it on a zoning map it looks like R-3 property to me.L,know that it is not the popular thing to say,but that's my opinion and it's Council's turn. Moe: Mr. Mayor, I just wonder if there was deferred action on this what the reaction of the audience would be.Defer action until all Council is here.Maybe that would be a long time from now. Maybe it would be next Council meeting. How do you get back into this thing again and advise everybody that all Councilmen will be here tonight and we want you to come down so that you can see what is going to happen. That's going to be very difficult to do. Barney:Mr.Mayor,I,like I said,am fairly new at Moses Lake and as a Councilman but I looked at the map, I drove down numerous times and looked at the property and looked at the lay of the land and the way it is. To me, everybody can get what they want out of it in an R-3 zone.People that want to build their homes can build a nice home there.People that want to build a four-plex,duplex,they can build a nice duplex there. It's not going to change the lay of the land or the panorama that I can see; and this is the reason that I voted my conviction of an R-3. Jones: Does anybody else have any comments. We need to do something with this, we can't sit on it all night. Moe: I feel that the property in question was zoned in properly when it was zoned R-3, which it is now, and I didn't play any percentages with respect to who owns what. There seems to be a lot of conjecture about that. I based my decision on the fact that the way it is developing and has developed and also based it on the hearing that was presented to the Planning Commission. Even though there was some departure from what the Planning Commission had recommended. I'm going to move to retain it as R-3 tonight. Jones:Motion to retain the R-3. Barney:Second Jones:Seconded by Mr. Barney.Any further discussion. Skaug: My basic concern is,particularly since Mr.Earl presented us with this document, I am quite concerned about the appearance of fairness and will agree that there is definitely an area of contest regarding the November 9 meeting. I do feel, however, we have acted in good faith and in all appearance of fairness with the two following public hearings that we have held and I think they have been quite open and quite fair. I have heard an awful lot of good arguments on both sides but do not feel compelled to change to R-l with regard to this zoning. Question. Jones:Question's been called for.The motion is to retain the R-3 zone. All those in favor of the motion say aye.Those opposed.Mr.Hill is opposed.Four votes,the motion is carried. PETITION -SEWER L.I.D.-MARINA DRIVE A letter from Jerry Fay,Public Works Director, was read which stated that a petition has been received for a sewer main on Marina Drive from Gibby Road to a point approximately 1450 feet south of Gibby Road.The petition was signed by 73% of the property owners in the area which represent 65% of the lineal front footage. Mr.Skaug moved that the City staff be authorized to prepare a resolution establishing March 22 as the date for the Public Hearing on this L.I.D., seconded by Mr. Moe, and passed unanimously. 2502 CITY COUNCIL MINUTES: 5 February 22,1977 IV.ORDINANCES AND RESOLUTIONS ORDINANCE -WATER AND SEWER CONNECTIONS -SECOND READING A letter from Jerry Fay,Public Works Director,was read which stated that the ordinance would amend Chapter 9.2 of the City Code entitled "Water and Sewer Connections"allowing for easy inclusion of additional sections for reimbursement of future installations. The ordinance amending Chapter 9.2 of the Moses Lake City Code,entitled "Water and Sewer Connections"was read by title only. Mr. Hill moved that the second reading of the ordinance be adopted,seconded by Mr. Barney,and passed unanimously. ORDINANCE -CRIMINAL CODE -SECOND READING //6'3 A letter from Pat Acres,City Attorney and Wayne Baker,Police Chief,was read which stated that the ordinance would bring the Criminal Code for the City up to date. 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. Moe moved that the second reading of the ordinance be adopted,seconded by Mr. Skaug,and passed unanimously. ORDINANCE -PAWNBROKER'S REGULATIONS -SECOND READING /OCpAAletterfromPatAcres,City Attorney,was read which stated that the ordinance would conform with the State regulations for pawnbrokers. 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.Barney moved that the second reading of the ordinance be adopted,seconded by Mr. Hill,and passed unanimously. ORDINANCE -KNOLLS VISTA L.I.D.#36 -FIRST READING A letter from Jerry Fay,Public Works Director,was read which stated that the ordinance would establish L.I.D. #36, for the Knolls Vista Resurfacing. Mr.Fay stated that protests in the amount of 28.4%have been received. The ordinance ordering street improvements in the Knolls Vista area adjacent to Lot 1 of Knolls Vista #7 Addition;Lots 1 through 29 of Knolls Vista #12 Addition;Lots 1 through 82 of Knolls Vista #13 Addition; Lot 5 of Knolls Vista #11 Addition; and Lot 1, Lots 7 through 12, and Lots 14 through 17 of Knolls Vista #15 Addition by resurfacing with asphaltic concrete pavement,repairing concrete curbing and storm drainage in accordance with Resolution No.796 of the City Council of the City of Moses Lake, Washington;establishing Local Improvement District No.36 and providing the method of assessment in said district;providing that payment for said improvement be made by special assessments upon property in said district payable by the mode of "Payment by Bonds"; and providing for the issuance and sale of Local Improvement District warrants redeemable in cash and Local Improvement District Bonds, was read by title only. Mr. Moe moved that the first reading of the ordinance be adopted,seconded by Mr. Hill. Mr. Hill wanted to know how long the 1"overlay would hold up. Mr. Fay stated that the 1"was the minimum and that much of it would be more and the life span would be approximately 15 years. 2503 CITY COUNCIL MINUTES: 6 February 22,1977 The motion passed unanimously. Dick Whaley, 404 Dale Road, stated that there were people in Knolls Vista that did not receive notice of the meeting on February 8 until the 10th or 11th and he felt any action taken prior to February 11 should be considered null and void.He also felt that 1 inch of asphalt would not be sufficient. Mr.Jones stated that the property owners have 30 days after the passage of the second reading of the ordinance to protest the L.I.D. Jerry Fay,Public Works Director, stated that Mr. Whaley's protest was dated February 4 and was received on February 7 by the City. Mr. Fay then went over the procedures used in notifying the property owners. ORDINANCE -AMENDING GARBAGE ORDINANCE -FIRST READING A letter from Mr. Waggener, City Manager, was read which stated that the attached ordinance would amend Chapter 5.2 of the City Code by authorizing City staff to make exceptions to compulsory garbage collections in the case of a storage or similar type facility under specific circumstances. The ordinance amending Chapter 5.2 of the Moses Lake City Code,entitled "Garbage Collection" was read by title only. Mr.Skaug moved that the first reading of the ordinance be adopted,seconded by Mr. Barney, and passed unanimously. .RESOLUTION AND ORDINANCE -SALE OF CITY OWNED PROPERTY -GILMAN \\)A letter from Mr.Waggener,City Manager,was read which stated that the City has received an Earnest Money Receipt and Agreement from Jeffrey F.Gilman to purchase Lot 22,Garden Heights Addition #2. The resolution authorizing the sale of real estate to Jeffrey F.Gilman,a single man,was read by title only. Mr. Hill moved that the resolution be adopted,seconded by Mr.Barney, 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. V.REQUESTS TO CALL FOR BIDS r\\IA letter from M.G.McLanahan,Assistant Public Works Director,was read requesting \permission to advertise for bids for the replacement of the three reel riding lawn mower used by the Park Department. Mr. Moe moved that permission be granted for the City to advertise for bids,seconded by Mr.Barney,and passed unanimously. VI.REFERRALS FROM COMMISSIONS \s \\A letter from Stan Bech,City Planner,was read which stated that all required minimum utility improvements have been completed and approved by the City Engineer on the Franz Plat. Mr.Barney moved that the Franz Plat be approved as final,seconded by Mr. Hill, and passed unanimously. FINAL PLAT -FRANZ v PRELIMINARY PLAT -JONES TERRACE ADDITION\8 «»A letter from Stan Bech,City Planner, was read which stated that the Planning Commission recommended that the Jones Terrace Addition be granted preliminary approval with the following minimum utility improvements: 2504 CITY COUNCIL MINUTES:7 February 22,1977 1. A 30 foot right-of-way dedication for Keifer Drive along the easterly boundary of the plat which will require the installation of curbs,sidewalks,and the grading and graveling of the street. 2. A 30 foot right-of-way dedication for the extension of Plum Street along the southerly boundary of the plat which will require curbs,sidewalks,and paving. 3. A 10 foot utility easement for the sanitary sewer main on the south boundary of the plat. 4.Water and sewer mains are existing and adequate to serve the subdivision. 5.The sewer main running parallel to Keifer Drive shall become the owners sewer lateral. Ron Baker,engineer representing the plat,stated that he objected to the 30 foot right-of-way dedication for the extension of Plum Street as it would have an off-set of center lines by about 45 feet and the property is not owned by Mr. Jones.After some discussion with the City staff it had been his understanding that Plum Street would not be extended. Mr.Hill moved that March 8 be set as the date to consider this preliminary plat, seconded by Mr.Barney,and passed unanimously. PRELIMINARY PLAT -REPLAT OF PARK ORCHARD TRACT #35 A letter from Stan Bech,City Planner,was read which stated that the Planning Commission recommended that the Replat of Park Orchards Tract #35 be granted preliminary approval with the following minimum utility requirements: 1.Dedication of a 60 foot right-of-way to serve the interior of the plat which will require curbs,sidewalks,and paving. 2.Installation of an 8 inch water and sewer main. 3.Dedication of an 80 foot right-of-way on the south boundary of the plat which will have to be improved as 60 feet of it was dedicated on a previous plat and the other 20 feet is being requested for the possible location of Ring Road. Mr.Moe moved that the preliminary plat be considered on March 8,seconded by Mr. Skaug,and passed unanimously. C.Duane Van Beek,256 Earl Road,stated that the property owners on Earl Road object to the proposed Blanchet Avenue,which would be an 80 foot arterial on the rear of their property.He stated that the property owners would like time to discuss this item. Mr.Hill moved that a Public Hearing be set for March 8,seconded by Mr.Skaug,and passed unanimously. VII.OTHER ITEMS FOR COUNCIL CONSIDERATION REQUEST FOR RECONSIDERATION OF L.I.D.#35 (KNOLLS VISTA -SIDEWALKS) Jerry Fay,Public Works Director,stated that protests in the amount of 60.5%have been received and that this voids the L.I.D.at this point in time. Mr.Fay stated that property owners on individual streets can petition for sidewalks if they so desire. RING ROAD TRANSPORTATION STUDY -CONSULTANT SELECTION 'JO/9 A letter from Jerry Fay,Public Works Director,was read which recommended that CH M-HILL be selected as the consultant to complete the Ring Road transportation study. 2505 CITY COUNCIL MINUTES:8 February 22,1977 Mr.Fay stated that the Ring Road has two elements;one is concern about the congestion at Broadway and Alder Intersection and the other is to develop alternate routes of traffic.He stated that the consultants would be contacted tomorrow,if the Council decided to proceed tonight,and that they would negotiate a contract and tie down the scope of work very specifically.He stated that the cost would be in the neighbor hood of $30,000 to $40,000 and the study would be completed within 5 to 6 months. Mr. Hill moved that Mr. Fay proceed with the Ring Road study,seconded by Mr. Barney, and passed unanimously. VIII.COUNCIL QUESTIONS AND COMMENTS None IX.CITY MANAGER REPORTS AND COMMENTS YEAR END REPORT -PUBLIC WORKS j \\J Jerry Fay, Public Works Director,went over the year end report for the Council. //# YEAR END REPORT -FIRE Russ Beeman,Fire Chief,went over the year end report for the Council. Mr.Waggener,City Manager,stated that there is a workshop for Policy Development for Local Government Elected Officials in the Hallmark Inn on Saturday,March 19 from 8:30 a.m. to 4:30 p.m. He stated that this workshop is limited to 4 elected officials from the City. Mr.Waggener stated that he would make the reservations and the Council could decide who would go. Mr.Waggener stated that he wanted to call to the Council's attention a letter to the editor regarding dog control. He stated that he did not feel the letter presented the incident in its true light. The meeting was adjourned at 11:10 p.m. < Kent Jones,Mayor/Pro Tern ATTEST: y/^0?sC&-^ R. C.Bierma,City Clerk H