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1962 05 29May 29,1962 RECESSED COUNCIL MEETING 8:00 P.M.-CITY HALL Recessed meeting of the Regular Council Meeting of May 22,1962,was called to order by Mayor Dietzen.Councilmen present were:Gordon Ebbert,Otto Skaug,Harold Stadshaug,Wm.Hilderbrand,Alex Law, Fred Krueger and John Dietzen. Purpose of the recessed meeting to discuss Vista Village Shopping Center.Mr.Amick's request for building permits. NOTICE OF APPEAL OF DECISION OF PLANNING COMMISSION Received May 28,1962,was read. CITY ATTORNEY -TOHN CALBOM REVIEWED past history of building permits./osf April 19,1954,County issued permit for Retail,Commercial and Gas Station,with this permit plans were submitted. October 11,1954,second permit issued by County for Commercial buildings . September,1955,property annexed into the City. November,1955,James Wright,Building Inspector,put a stop- work order on the building permits,as property had to be platted. November 8,1955,City issued permit to proceed with construction on work that had been stopped.All construction pursuant to this date,issued by building permits. Facts as Attorney Calbom finds,unable to give clear opinion, situation does not fit clearly with any existing statutes or court decisions.Disqualifying himself in this matter,as he has personal clients in the shopping center. Letter submitted by Earl Amick,from his Attorney Darrell Ries, read.Mr.Amick requesting permission to be permitted to proceed. Will comply with Ordinance regarding parking area.Use of build ings flexible.Was never told could only put in certain shops. Mrs.Estelle Wilson,Fabric Shop,needs more space for sewing equipment,etc. Mr.Russell Swanson,of L & S Construction Co.,stated decision made tonight would effect more than just the Vista Shopping Center. Bob Johnson,Columbia Sand &Gravel.Any business or new business coming into town helps.Labor deals with construction, limit construction and you limit one's activity. Mr.Edwards of Coast to Coast Stores.Mr.Amick's construction is not the question.Discussion is who is he going to lease to? Feels he should conform to existing codes as you do in construc tion of homes . Don Williams of Rhodes Variety Store.Realizes problem of down town merchants,but must protect their business,too. . • May 29,1962 Cont'd. & Councilman Krueger,not concerned about expansion,but control of the Zoning Ordinance of the City of Moses Lake.If Mr.Amick wants to expand must conform with zoning ordinance.Feels must have control of the area. Councilman Stadshaug.Not a point of stopping any development. Decision on one shopping center applies on all shopping centers. Agreeable usage. Councilman Hilderbrand,agrees with Stadshaug,but feels it would be wrong to the business people who went in with under standing could expand.Mr.Amick has to expand,to protect him self.Another City could build up elsewhere.Matter should be discussed at a hearing with the Planning Commission. Councilman Krueger.Not to curtail expansion,must control use. Mr.Amick must adhere to N.S.Zone Ordinance.Has right to expand. Ordinance listing existing uses for "CNS"Zone read.Motion by Skaug,seconded by Krueger,table any further discussion on Mr. Amick's request to be allowed to continue development using his county permits.Ebbert,Hilderbrand,against.Skaug,Stadshaug, Law and Krueger for,with Mayor Dietzen not voting.Motion carried. Motion by Skaug,seconded by Stadshaug,public hearing in regards to appeal requested by Mr.Amick,be held June 7,1962.Motion carried. Motion by Skaug,seconded by Hilderbrand,Planning Commission to meet jointly with City Council for a study session on Thursday, May 31,1962,re-evaluate findings and study uses of "CNS"Zone. Motion carried. SALE OF L.I.D.BONDS 90°Explained by Public Works Director,J.Garth Anderson.In order to proceed,must publish notice of bond sale on L.I.D.Nos . 13, 14, 15 , 16 & 17 .Bids to be opened and read June 26,1962 . Motion by Hilderbrand,seconded by Stadshaug,authorize Engineer to publish sale of L.I.D.Bonds Nos.13, 14, 15,16 &17,at 8:00 P.M.on June 26,1962,in accordance with Notice of Warrant & Bond Sale,provided by Bonding Attorney's Roberts,Shefelman, Lawrence,Gay &Moch,municipal bond counsel of Seattle, Washington.Motion carried. Meeting adjourned. ATTEST: ; Mabel Waterman,City Clerk