1977 04 122520
CITY OF MOSES LAKE
MOSES LAKE,WASHINGTON
CITY COUNCIL MEETING -REGULAR SESSION April 12, 1977
CITY HALL -COUNCIL ROOM 8 P.M.
Members Present:Don Swanson,Kent Jones,Robert Hill,Jim Barney,and Eric Skaug.
Absent:Norman Johnson and Bill Moe.
The meeting was called to order by Mayor Don Swanson at 8 p.m.
Mr. Jones moved that the minutes of the meeting of March 22 be approved as submitted,
seconded by Mr. Barney, and passed with Mr.Skaug abstaining.
APPROVAL OF BILLS
REGULAR BILLS AMOUNT
GENERAL $68,410.68
STREET 6,328.19
ARTERIAL STREET 4,043.86
FEDERAL SHARED REVENUE 1,827.13
WATER-SEWER 6,696.57
SANITATION 18,409.65
WATER-SEWER CONSTRUCTION 18,744.42
EQUIPMENT RENTAL 1,417.57
LID #29 93.16
LID #30 28,491.22
LID #31 4.54
LID #33 22,623.99
LID #34 4.54
TOTAL $177,095.52
Mr.Hill moved that the bills b.e approved as submitted,seconded by Mr.Jones,and
passed with Mr.Hill abstaining from voting for that portion of the warrants to
Pacific Northwest Bell.Warrants 1874 to 1983 were approved for payment.
I.CITIZEN INPUT
None
II.CONSENT AGENDA
Mr.Barney moved that the following items under the Consent Agenda be approved:
1.Acceptance of Work -Division Street Signals //'/'/
2.Request to Call for Bids on Pick Ups and Water/Sewer Mains /O/7///&&
3.Resolution -PUD Easement -Municipal Airport /O/J?
4.Resolution -Utility Easement -Stierlen /O/S
seconded by.Mr.Skaug, and passed unanimously.
Ill.CONSIDERATION OF BIDS
None
IV.PETITIONS,COMMUNICATIONS OR PUBLIC HEARINGS
COMMUNICATION -BARBARA CONGDON
A letter from Barbara Congdon,Home and Family Life Coordinantor at Big Bend Community
College, was read which requested that the Council designate April 11 to 16 as "Week of
the Young Child".
Mr. Hill moved that April 11 to 16 be designated as "Week of the Young Child",seconded
by Mr. Jones,and passed unanimously.
2521
CITY COUNCIL MINUTES:2 April 12,1977
h PETITION - PROTEST OF ZONE CHANGE
I'A petition was read protesting the zone change request of Dean Ford and Ken Garman on
Battery Orchard Tracts #51,#52,#55,and a portion of #54.The petiton was signed by
46 people representing 28 households.
PUBLIC HEARING -ORDINANCE -ZONE CHANGE REQUEST -KEN GARMANN -SECOND READING
| A letter from Stan Bech,City Planner,was read which stated that the Planning Commission
recommended that the Council approve the zone change on Battery Orchard Tract #51 and f"~]
Tax Number 1828 from Agricultural Zoning to "R-2,Single Family Duplex".Ken Garmann,
who is requesting the zone change,is proposing to develop a sixty-three unit mobile I !
home park on Battery Orchard Tract #51.
Ken Garmann gave a presentation on his proposed mobile home park.
Barry Ziegler, 717 Gaylord Place,wanted to know if there would be sufficient water
pressure if this development was added.
Jerry Fay,Public Works Director,stated that there would be sufficient water for both
Ken Garmann and Dean Ford but that any further development would require an additional
supply for the area./
There being no further comments, the public response was closed.
Mr.Hill moved that the Public Hearing be closed,seconded by Mr.Jones,and passed
unanimously.
The ordinance amending chapter 3.24 of the Moses Lake City Code by changing the official
zoning map on the following described parcel of land was read in its entirety.
Mr.Barney moved that the second reading of the ordinance be adopted,seconded by Mr.
Hill, and passed unanimously.
PUBLIC HEARING -ORDINANCE -ZONE CHANGE REQUEST -DEAN FORD -SECOND READING i
A letter from Stan Bech,City Planner,was read which stated that the Planning CommissiL*
recommended that the zone change on Battery Orchard Tracts #52, #55, and a portion of
#54 from an Agricultural Zone to an "R-2,Single Family Duplex Zone" be approved.Dean
Ford is proposing to construct a ninety-unit mobile home park on this property.
The Public Hearing was opened.
There being no comments,the public response was closed.
Mr. Hill moved that the Public Hearing be closed,seconded by Mr. Jones, and passed
unanimously.
The ordinance amending chapter 3.24 of the Moses Lake City Code by changing the official
zoning map on the following described parcel of land was read by title only.
Mr. Hill moved that the second reading of the ordinance be adopted,seconded by Mr.
Barney,and passed unanimously.
\PUBLIC HEARING - MARINA DRIVE/GIBBY ROAD L.I.D.qH '
y-'Jerry Fay,Public Works Director,went over the L.I.D.procedure for the citizens and
the Council. He stated that approximately 1400 feet of 8 inch sewer line would be laid.
Also,the L.I.D.has a somewhat higher cost because of limited right-of-ways and the r—^
deep cuts.He stated that protests amounting to 46% of the property owners have been !
received.-i>
The Public Hearing was opened.
Bert Noble, 506 Ash,stated that he had signed the original petition under the assumption
that the L.I.D.would cost around $5,000 and now the preliminary assessment shows a cost
of nearly $12,000, and he is protesting as he thinks it is an exorbitant amount.
Allie Abbs,1603 West Marina Drive,stated that he was protesting also because he felt
the cost was too high.
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CITY COUNCIL MINUTES:3 April 12,1977
There being no further comments, the public response was closed.
Mr.Barney wanted to know why there was such a difference in the cost figures. M. G.
McLanahan,Assistant Public Works Director,stated that they might run into what is
called Black Sand and this causes problems and extra expense.
Mr.Barney moved that the Public Hearing be closed,seconded by Mr. Skaug, and passed
unanimously.
Mr.Hill moved that no further action be taken.The motion died for lack of a second.
Mr. Jones moved that the staff be instructed to draw up an ordinance to implement this
L.I.D. and bring it back to Council,seconded by Mr. Barney.
After some discussion the motion passed unanimously.
PETITION -GAYLORD AND TAMARACK L.I.D.
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A letter from Jerry Fay, Public Works Director, was read which stated that petitions
had been received requesting L.I.D.'s on Tamarack Lane and Gaylord Place for storm
drainage, curbs, and asphalt paving. Sixty-seven percent of the residents on Gaylord
Place have signed the petition and sixty-two percent have signed on Tamarack Lane.
He is requesting that the two petitions be combined into one L.I.D. and a resolution
be prepared establishing May 17, 1977 as the date for the Public Hearing.
Barry Ziegler,717 Gaylord,stated that 100% of the residents signed the petition and
67% of the property owners signed.He stated that they specifically did not want
sidewalks on Gaylord Place.
Elton Potter, 2229 West Lakeside,stated that the people on Tamarack Lane do not want
sidewalks either.
Mr. Hill moved that May 17, 1977 be set as the Public Hearing for these petitions.
There was some discussion by the Council on whether or not to require sidewalks on
Tamarack Lane.
Mr.Skaug seconded the motion with the amendment that sidewalks be required on Tamarack
Lane. Mr. Hill stated that he would not accept the amendment.Mr.Skaug withdrew his
second.
Mr.Barney seconded the motion.Don Swanson,Bob Hill,and Jim Barney voted for the
motion and Mr.Skaug and Mr. Jones voted against.
V.ORDINANCES AND RESOLUTIONS
ORDINANCE -MAYOR/COUNCIL POWERS AND DUTIES AND COUNCIL MEETINGS -SECOND READING
The ordinance relating to the Mayor and Council powers, duties, and meetings and
repealing Chapter 1.2 of the Moses Lake City Code was read by title only.
/«#
Mr. Jones moved that the second reading of the ordinance be adopted,seconded by Mr.
Skaug, and passed unanimously.
ORDINANCE -CITY MANAGER AND CITY DEPARTMENTS -SECOND READING
The ordinance relating to the administration of the city,creating departments,offices,
and positions of employment,determining the powers and duties thereof and repealing
certain inconsistant chapters of Title 1 of the Moses Lake City Code was read by title
only.
Mr.Hill moved that the second reading of the ordinance be adopted,seconded by Mr.
Jones, and passed unanimously.
ORDINANCE -EMERGENCY SERVICES -SECOND READING
An ordinance repealing Chapter 1.8 of the Moses Lake City Code entitled "Municipal
Defense Commission"and enacting a new Chapter 1.13 entitled "Moses Lake Division of
Emergency Services" was read by title only.
Mr.Barney moved that the second reading of the ordinance be adopted,seconded by Mr.
Jones,and passed unanimously.
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CITY COUNCIL MINUTES:4 April 12,1977
ORDINANCE -POLICE RESERVES -SECOND READING
An ordinance repealing Chapter 1.19 of the Moses Lake City Code entitled "Reserve Police"
and enacting a new Chapter 1.19 entitled "Police Reserves"was read by title only.
Mr.Hill moved that the second reading of the ordinance be adopted,seconded by Mr.
Jones, and passed unanimously.
ORDINANCE -EQUIPMENT RENTAL FUND -SECOND READING
The ordinance repealing existing Chapter 1.21 of the Moses Lake City Code entitled
"City Shop Department",and enacting a new Chapter 1.21 entitled "Equipment Rental j [
Fund" was read by title only.
Mr.Jones moved that the second reading of the ordinance be adopted,seconded by Mr.
Barney, and passed unanimously.
ORDINANCE - AMENDING CHAPTER 1.10 (PLANNING COMMISSION)AND REPEALING CHAPTERS 1.5 AND{nk*1*11 ~SECOND READING —_mmm
The ordinance amending existing Chapter 1.10 entitled "Planning Commission"and repealing
Chapter 1.5 entitled "Museum Commission"and Chapter 1.11 entitled "Beautification Advisory
Commission"was read by title only.
Mr.Jones moved that the second reading of the ordinance be adopted,seconded by Mr'.
Barney, and passed unanimously.
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/ORDINANCE -CONSTRUCTION AND INTERPRETATION OF ORDINANCES -FIRST READING
The ordinance relating to construction and interpretation of ordinances of the City
of Moses Lake and the Moses Lake City Code was read by title only.
Mr.Skaug moved that the first reading of the ordinance be adopted,seconded by Mr.
Jones, and passed unanimously.
\\o*ORDINANCE -PENALTY PROVISIONS -FIRST READING
The ordinance repealing and/or amending existing penalty provisions of the Moses Lake
City Code and enacting a new general penalty provision applicable to the ordinances of
the City of Moses Lake and the Moses Lake City Code in its entirety was read by title
only.
Mr.Hill moved that the first reading of the ordinance be adopted,seconded by Mr.
Barney, and passed unanimously.
ORDINANCE -RETIREMENT SYSTEM -FIRST READING
The ordinance repealing Chapter 1.34 of the Moses Lake City Code entitled "Pension,
Relief,Disability,and Retirement"and enacting a new Chapter 1.34 entitled "Public
Employees Retirement System" was read by title only.
Mr.Barney moved that the first reading of the ordinance be adopted,seconded by Mr.
Jones, and passed unanimously.
ORDINANCE -COMMUNITY STREET AND CONSTRUCTION STANDARDS -FIRST READING
\v\'The ordinance repealing Chapter 2.1 of the Moses Lake Municipal Code entitled "Uniform
*Community Standards"and enacting a new Chapter 2.1 entitled "Community Street and
Utitlity Standards",by adopting by reference the Standard Specifications for Municipal
\°
Public Works Construction of the Washington State Chapter of the American Public Works
Association,published in 1977 and making amendments thereto was read by title only.
Mr.Hill moved that the first reading of the ordinance be adopted,seconded by Mr.
Jones,and passed unanimously.
2524
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CITY COUNCIL MINUTES:5 April 12,1977
ORDINANCE -REPEALING CHAPTERS 3.36 and 3.38 (FIRE HAZARDS)-FIRST READING /OBG
The ordinance repealing Chapter 3.36 entitled "Fire Hazards - Nuisance" and Chapter
3.38 entitled "Transporting Flammable Liquids" was read by title only.
Mr. Barney moved that the first reading of the ordinance be adopted,seconded by Mr.
Skaug, and passed unanimously.
ORDINANCE -REPEALING CHAPTER 3.6 AND AMENDING CHAPTER 3.15 (GRADES)-FIRST READING /O7o~
I The ordinance repealing Chapter 3.6,entitled "Grades",and amending Chapter 3.15,
entitled "Sewer -Construction and Use" by repealing those sections having the subchapter
^—'reading "Private Use"was read by title only.
Mr. Hill moved that the first reading of the ordinance be adopted, seconded by Mr.
Jones, and passed unanimously.
ORDINANCE -REPEALING CHAPTER 9.1 (GAS SERVICE)-FIRST READING l£>7$"
The ordinance repealing Chapter 9.1 of the Moses Lake City Code entitled "Gas Service"
was read by title only.
Mr. Jones moved that the first reading of the ordinance be adopted, seconded by Mr.
Barney, and passed unanimously.
ORDINANCE -CIRCUSES AND CARNIVALS -FIRST READING
/o&*
The ordinance repealing certain sections of Chapter 6.12 of the Moses Lake City Code
entitled "Circuses and Carnivals" and enacting certain new sections was read by title
only.
Mr. Jones moved that the first reading of the ordinance be adopted,seconded by Mr.
Barney, and passed unanimously.
I ORDINANCE - ROADS AND BRIDGES - FIRST READING .,
The ordinance relating to Title 4 of the Moses Lake City Code,entitled "Sidewalks and
Streets"repealing Chapter 4.4 "Road and Bridges -Standard Specifications"and amending
Chapter 4.10 "Excavations and Obstructions" was read by title only.
Mr.Jones moved that the first reading of the ordinance be adopted,seconded by Mr.
Hill, and passed unanimously.
ORDINANCE -AMBULANCES -FIRST READING
The ordinance repealing Chapter 6.6 of the Moses Lake City Code entitled "Ambulances"
was read by title only.
Mr.Barney moved that the first reading of the ordinance be adopted,seconded by Mr.
Jones,and passed unanimously.
ORDINANCE -SECOND HAND DEALERS -FIRST READING
The ordinance repealing Section 6.28.08,6.28.16,6.28.32,and 6.28.36 of Chapter 6.28
of the Moses Lake City Code entitled "Second Hand Dealers", and enacting a new Section
6.28.16 and 6.28.32 and amending Section 6.28.12 was read by title only.
Mr. Hill moved that the first reading of the ordinance be adopted,seconded by Mr.
Jones, and passed unanimously.
RESOLUTION -SETTING DATE FOR FINAL HEARING -BEAUMONT L.I.D.
A letter from Jerry Fay,Public Works Director,was .read which requested a Public
Hearing for the final assessment roll on Beaumont L.I.D. #29.
The resolution of the City Council of the City of Moses Lake,Washington,establishing
a hearing assessment roll for the Local Improvement District No.29,fixing the time
and place for hearing upon said roll and providing for the giving of notice in the matter
prbvided by law was read by title only.
Mr.Jones moved that the resolution be adopted,seconded by Mr.Hill,and passed
unanimously.
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CITY COUNCIL MINUTES:6 April 12,1977
VI.REFERRALS FROM COMMISSIONS
I CONDITIONAL USE PERMIT -KEN GARMANN
\1 A letter from Stan Bech,City Planner,was read which stated that the Planning Commission
recommended that a Conditional Use Permit be granted to Mr.Ken Garmann for his proposed
development of a sixty-three unit mobile home park.
Mr.Hill moved that the Conditional Use Permit be granted with the following stipulations:
1.A 10"sewer main to be extended from Wanapum Drive along Peninsula Drive to the f
southeast boundary of the plat and an 8"water main.J
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2.Two entrances onto Peninsula Drive
3.A sight-obscuring type of landscaping to be planted along Peninsula Drive
seconded by Mr. Jones, and passed unanimously.
PROPOSED LEASE OF LOWER PENINSULA PARK
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A letter from Cecil Lee, Park and Recreation Director,was read which stated that the
Park and Recreation Advisory Commission has reviewed and approved,in concept,the
leasing of ten acres of the presently unused Lower Peninsula Park for five years.
The letter stated that IAC approval would be needed because of the grant funds used to
acquire the property.
Mr.Jones moved that the Council support the Park and Recreation proposal,seconded
by Mr. Skaug, and passed unanimously.
VII.OTHER ITEMS FOR COUNCIL CONSIDERATION
WATER/SEWER RATES
\3>P Jerry Fay,Public Works Director,stated that he was requesting Council authorization pn
'to prepare an ordinance for an increase in the water/sewer rates.
Mr.Hill wanted to know why an increase was being asked if money was being spent to
extend a water line out to Highway 17.
Mr.Fay stated that a water line was not being extended but that a franchise was
being asked by the city for Airway Drive so that service could be provided,if Council
so desires to grant it, for areas outside the city limits.
Mr. Hill moved that the water/sewer rate ordinance be tabled until after April 18, 1977.
The motion died for lack of a second.
Mr. Fay stated that no money was being spent in the county except that which was
authorized by Council for participation by the city in the oversize of the line for
Mrs.Jones property.
Mr.Skaug moved that staff be instructed to bring back an ordinance for Council
consideration,seconded by Mr. Jones, and passed with Mr. Swanson, Mr. Jones, and Mr.
Skaug voting for, Mr. Hill voting against, and Mr.Barney abstaining as he was not
at the study session.
SANITARY LANDFILL RATES
no"A letter from Jerry Fay,Public Works Director, was read which stated that the Grant
\County Board of Commissioners has requested an increase in the rates for disposal at
the Grant County Landfill.This increase would be $.90 a yard for compacted waste,
$.55 a yard for uncompacted waste,and a minimum charge of $.55.The County has also
requested that the city participate in the deficit incurred over the past 6 months of
operation which would amount to $1,276.99.The letter requested Council authorization
for the City Manager to enter into a new agreement with Grant County on the new rate
structure and pay the pro-rated portion of the deficit incurred prior to the new rate
going into effect.
"N
2526
CITY COUNCIL MINUTES: 7 April 12,"1977
Mr. Fay presented information to the Council showing the background for the increase.
Mr.Hill moved that approval be granted to authorize the City Manager to enter into a
new agreement with the County, seconded by Mr. Barney, and passed unanimously.
AGREEMENT FOR LEGAL SERVICES -PAT ACRES
A letter from Mr. Waggener, City Manager, was read which requested that Pat Acres, City
Attorney, be paid $40 per hour,over and above his base monthly salary for the time
he will spend on the case involving Evergreen Construction Company.
Mr.Barney wanted to know if this would be for this case alone. Mr.Waggener stated
that it would;that each time a case came up, the request for additional compensation
would be brought before the Council.
Mr.Skaug moved that authorization for additional payment to Mr. Acres be granted,
seconded by Mr.Barney,and passed unanimously.
REQUEST TO USE SWEDBERG POOL -MANTA RAYS
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A letter from Cecil Lee,Park and Recreation Director,was read which stated that the
Park and Recreation Advisory Commission recommended to the City Council that the Big
Bend Manta Ray swim team be allowed to use Swedberg Pool for the 1977 swim season.
The Big Bend Manta Rays would pay $200 for the use of the pool during May and each
child who participates would be required to purchase a season ticket.
Mr. Lee stated that along with the Manta Ray swim team he would like to negotiate with
other groups that might be interested in using the pool during May.
Mr.Skaug stated that he was in agreement with Mr.Lee and felt that other groups should
be contacted to see if they are interested in using the pool during May.
Mr.Barney moved that the Manta Ray swim team be allowed to use the pool during May
and pay $200, and that each child who participates be required to purchase a season
ticket, and the Park and Recreation Director is authorized to solicit participation
by other groups and present their request to Council,with preference given to the
„)Manta Ray swim team,seconded by Mr.Jones,and passed unanimously.
REPORT FROM CONSULTANT -LYLE STEWART
Mr.Waggener,City Manager,stated that the report by Lyle Stewart on the rehabilitation
and rejuvenation of the downtown area was a very detailed one. He suggested that the
program could be done for an amount somewhere between the $31,000 and the $106,300.
He suggested that input from the Retail Merchants be sought to find out if they are
interested in this type of program and also, that the program not be done at all unless
the Retail Merchants would be willing to provide some heavy cash contributions. He
suggested that a meeting be held on Friday,April 21 with Mr. Stewart, the Council,
and the Retail Trade Merchants.
Mr. Hill felt this program should be paid for by the Retail Merchants and not by the
city.
There was some discussion by the Council and it was felt that the Retail Trade Merchants
should be contacted concerning this program.
No further action was taken.
VIII.COUNCIL QUESTIONS AND COMMENTS
NO SMOKING
Mr.Hill pointed out that it was state law that there be no smoking in public places./6/<P
Mr.Hill moved that no smoking signs be placed in the Council room,seconded by Mr.
Swanson,and passed with Mr.Skaug opposed.
2527
CITY COUNCIL MINUTES: 8 April 12, 1977
IXZ CITY MANAGER REPORTS AND COMMENTS
1976 ANNUAL REPORT -POLICE DEPARTMENT
a<\
y A letter from Wayne Baker,Police Chief,was read which presented the 1976 Annual
Police Report.
Mr.Baker went over the report for the Council.
The meeting was adjourned at 11 p.m.
Donald E.Swanson,Mayor
ATTEST:
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R. C.Bierma,City Clerk
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