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1969 05 27COUNCIL MEETING -REGULAR SESSION May 27,1969 8 o'clock PM City Hall 1370 The City Council met in regular session with the meeting called to order by Mayor pro tern Otto Skaug.John E.Jones was absent.Present were:Gordon Ebbert,Monte Holm,Otto Skaug,Jack Eng,Dr.Lindell and Michael Boyle. The first order of business was to clarify the-fact that the motion to appoint Otto Skaug as Mayor pro tern at the last meeting was meant to continue until Mayor Jones returnes.The motion was made again to appoint Otto Skaug Mayor pro tern by Monte Holm.*Second by Michael Boyle.Passed unanimously, Minutes of the previous meeting were approved as-written on the motion of Jack Eng,second by Dr.Lindell.Passed unanimously. BILLS TOTAL AMOUNT PAID GENERAL PARK AND RECREATION STREET EQUIPMENT RENTAL WATER AND SEWER SANITATION 1967 WATER AND SEWER URBAN ARTERIAL Motion by Monte Holm to pay the regular bills.Second by Jack Eng.Passed unanimously. SPECIAL BILLS URBAN ARTERIAL FUND Lewis-Redford Engineers,Inc.$4,099.35 Dorset Building 100 -116 Ave.SE Bellevue,Washington 98004 Urban Arterial -Pioneer Way Phase II -Work through April 30,1969 Motion by Monte Holm,second by Jack Eng to pay this special bill.Passed unanimously. Warrants No.2567 through 2627 in the amount of $9,047.95 were approved for payment. LIONS CLUB -APPLICATION FOR PERMIT TO SELL FIREWORKS A letter was read from Fire Chief Jensen stating that two applications to sell "Safe and Sane"fireworks have been received from the Moses Lake Lions Club.The proposed locations are at the parking lot of Smitty's Pancake House and on the Northeast corner of the parking lot at Vista Village Shopping Center.He requested that the request for permits be denied because it constitutes a Fire Nuisance -the cheat grass growth is heavier than normal this year and the fireworks involved are capable of igniting this grass and a study of the fire alarms in the Moses Lake city limits since 1960 indicates fireworks are a definite fire cause.The reports show 10 fires started by fireworks in the years 1960 and 1968,with only two being started in the years 1961 through 1967.1960 was the last year that firecrackers and other types of exploding fireworks were sold in the State. Chief Jensen defined a "fire nuisance"as any act of any cause that would increase the hazard or menace of fire to a greater degree than normal or which may delay or hinder the prevention of extinguishment of a fire. The law also says that the State Fire Marshal may revoke any license issued $590 .45 837..67: 2,368 .29 265 .48 714 .79 6 .78 117 .84 47 .30 1371 May 27, 1969 pursuant to this chapter if it is because of a fire nuisance,which would cover the local situation.Fireworks are more of a hazard than normal because of the cheat grass growth. Larry Jobin,representing the Lions Club,said that the majority of the safe and sane fireworks are not in a rocket or roman candle type of fireworks.That they are not necessarily used in fields where there is cheat grass.He expressed the opinion that they are not necessarily that potentially dangerous. Gordon Ebbert asked whether or not the Lions Club would bring the City to Court if they were refused the permit.Mr.Jobin replied that they probabl y would.Mr.Ebbert said he did not like to be put under duress in this matter.Michael Boyle asked if any cases have ever gone to Court and Mr.Jobin replied that they have been taken to one court or another.Jack Eng asked the City Attorney for clarification on the city's position should they deny the permit.John Calbom explained that the Code provides that the application is made to the Fire Chief for a permit and he makes his report to the Council with recommendations,which has been done,the council is to consider the report and the application and exercise its discretion as to whether or not the permit should be issued in this particular case. Motion by Michael Boyle that this request be denied on the basis of Fire Chief Otto Jensen's submission of his report.Second by Dr. Lindell.Gordon Ebbert asked if the evidence that the Fire Chief has shown be sufficient if we are brought to Court or is it necessary to provide a more solid case.John Calbom said that the particular procedure suggested is in accordance with the State Code and if the Council exercises its discretion,considers the facts -that is all that can be done;the burden of proof and the degree of evidence has to be presented but it is public record that the Chief's report is here and in writing.Michael Boyle said he based his reasoning on the evidence at hand presented by Chief Jensen. Monte Holm said he does not think children should be denied this pleasure.Michael Boyle said 4,5,6 and 7 year olds should not be out without parents. The vote was taken with Boyle,Lindell and Eng voting Yes;Opposed were:Ebbert,Holm and Skaug. There was a discussion regarding the propriety of the motion as made by Mr.Boyle.It was the opinion of the City Attorney that the motion must be made in the affirmative so that a decision can be made on whether or not to allow the sale of fireworks.Mayor pro tem Skaug suggested that the Roberts Rules of Order be followed in determining what should be done. Motion by Monte Holm to grant the permit to the Lions Club to sell fire works in the city limits of Moses Lake in the two locations requested by the Lions Club.Second by Gordon Ebbert.Ebbert,Holm and Skaug voted "Yes"-Lindell,Eng and Boyle voted "No"Motion not carried. ORDINANCE AMENDING CNS ZONE -FIRST READING \q6 ! Aletter was read from John E.Calbom,City Attorney,suggesting that, in order to amend the CNS zone Item 27 "Restaurant"under 3 .24.140.20 be modified by deleting the words "excluding?cabaret,cocktail lounge or bar or tavern"and that under the heading "Conditions",at page 76 of the y May 27,1969 1372 of the Code the last sentence should be eliminated and the following language added:"Establishments in the CNS zone may dispense beer on the premises under the limitations set forth in RCW 66.24.320 en titled 'Beer retailer's license -Class A' and provided,further,that the establishment dispensing beer pursuant to a Class A Beer Retailer's License issued by the Washington State Liquor Control Board shall not maintain on the premises where beer is dispensed pursuant to said permit, any cabaret,separate bar or separate barroom." The Ordinance was read by title only and motion was made by Monte Holm to accept the first reading of this ordinance and set the next regular meeting of the City Council (June 10)as the date for a public hearing and second reading of this Ordinance.Second by Michael Boyle.Dr.Lindell voted "No".Motion passed. ORDINANCE REGULATING SOLICITORS -FIRST READING This Ordinance was read by title only.Charles Davenport,City Clerk, commented that after review of the ordinance the section was deleted which would require bonds of each solicitor.The provision was also excluded which would require service clubs to report when they are soliciting and added a section which excluded resident solicitors from the investigation fee.They would still need to make application and be run through the Police Department as to their character and obtain a permit.He expressed the opinion that it is a workable ordinance in controlling solicitors. Motion by Monte Holm to accept the first reading of this ordinance and set the second reading for the next regular council meeting.Second by Jack Eng.Passed unanimously. RESOLUTION -ANNEXATION OF CASCADE PARK /06<P A letter was read from Bert L.Cole,Commissioner of Public Lands,stating that it is for the best interests of the State of Washington,Department of Natural Resources,that this Park be annexed to the City of Moses Lake and permission is granted pursuant to RCW 35.13.180. Resolution No.486 was also read.This Resolution authorizes the annexation of the Cascade Park property to the City of Moses Lake for public park purposes. Motion by Jack Eng to adopt the Resolution.Second by Dr.Lindell.Passed unanimously. ORDINANCE No.595 -ANNEXATION OF CASCADE PARK Ordinance No.595,providing for the annexation of Cascade Park property, was read.This Ordinance includes an emergency clause,waiving the pro visions of Section 23,Ordinance No.379 and adopts the Ordinance on its first reading and becomes effective immediately upon publication. Motion by Gordon Ebbert to adopt the Ordinance No.595 on its first reading. Second by Michael Boyle.Passed unanimously. RESOLUTION No.487 ADTUSTING BUDGET APPROPRIATION S<2/£> Resolution No.487 adjusting appropriation within classifications of the 1969 budget required due to a policy change adopted February 28,1969 by the Board of Trustees of the Statewide City Employees Retirement System was read in its entirety.This appropriation adjustment was made necessary due to the fact that the Board of Trustees of Statewide adopted a program of funding a minimum benefit on disability and liability because of the one-half salary continuance to the widow of a deceased member. Motion by Monte Holm to adopt the Resolution.Second by Gordon Ebbert. Passed unanimously. 1373 May 27,1969 INSURANCE CLAIM -STANFORD aQ An insurance claim filed by John A.Stanford and Nellie F.Stanford |for damage allegedly caused to their property in the amount of $2,454.99 was noted by the Council. Mayor pro tem Skaug acknowledged the presence of visitors to the Council meeting and thanked them for coming. Meeting adjourned. %*V6i vorMayor ATTEST: