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1976 02 24u City Council Meeting -Regular Session City Hall February 24,1976 8:00 P.M. Members present:-Councilman Bob Hill,Bill Moe,Norm Johnson,Kent Jones,Jim Barney and Eric Skaug.Mayor Donald E.Swanson was not present. Due to the absence of Mayor Swanson,Norm Johnson was unanimously elected to serve as Mayor ProTem. Invocation -Dave Passey,Missionary Church Pro Tem Mayor Johnson opened the meeting by announcing the"Boy Scouts are in attendance in observance of Boy Scout month,and that Scouts had been assigned to different City Departments, and spent the afternoon learning the functions of those departments.Also in conjunction with Scout City-Government Day,Boy Scouts were assigned to Councilmen positions.Pro Tem Mayor Johnson asked those boys to come up and be seated with their respective assigned positions,including City Manager and City Attorney. He thanked the Scout Masters for bringing the Scouts and hoped they would find it informative. APPROVAL OF MINUTES: Motion by Hill to approve the minutes as written,second by Jones.Motion carried. APPROVAL OF BILLS: REGULAR BILLS GENERAL STREET ARTERIAL STREET FEDERAL SHARING REVENUE WATER/SEWER WATER/SEWER CONSTRUCTION 1972 EQUIPMENT RENTAL FIREMEN PENSION &RETIREMENT AMOUNT PAID $6,962.02 5,937.64 696.83 896.46 5,597.49 7,301.47 5,172.74 24.00 2321 //<?? Motion by Jones to pay the bills as submitted.Second by Skaug.Motion carried. Warrant No's.4759 through 4836 in the a'mount of $32,588.65 were approvedfor payment.. BROTHERHOOD WEEK -Guest Speaker -Vivian Caver -Office of Civil Rights,Seattle. Jesle Castro,Chairman of the Moses Lake Inter-Racial Commission for Human Rights introduced Ms.Caver who is acting Director for the Department of Human Rights for the City of Seattle. Ms.Caver stated it is a pleasure to attend the Council meeting to participate with the City in celebration of Brotherhood Week.She has been active in the field of Civil Rights professionally for the last ten years,but has been committed to the field for some years,having been the past president of the National Organization of Official Human Rights agencies of State and Local govern ments throughout the United States and Puerto Rico. She proceeded,stating that Human Rights has a key role in Brotherhood Week,and commissions such as the Inter-Racial Commission for Human Rights in Moses Lake,is a change agent to make brotherhood work Io guarantee equal opportunities for minorities and women in employment,educa tion,housing and public accommodations.She and all her colleagues in the field sometimes find It very hard to discern and hold a tight line between outright advocacy of human rights and the government policy in the field of civil rights.Those of us who are concerned with equal opportunity must realize that the mere opportunity to be hired and trained is not enough.The struggle is played out against a litany of court decisions;the implementations which are keenly felt today.The courts have kept these documents alive,reviving them in response to demands of modern time. The reason for discrimination has been analyzed and investigated,but the saturating problems con tinue to attract considerable attention,even though strides have been made by governments,both by the federal,local and state to remedy the matters of discrimination.State and local commissions, including rer own,and also the State Human Rights Commission in the Federal level Title VII Civil Rights Act,1964 of the National Executive Orders have all produced and are products of the past 15 years of attention to the situation of discrimination.If laws could change people and the institutions, the conditions of emplpyment discrimination,and discrimination in general,there would be little need of subsequent action today and commitment to Brotherhood Week.We are beginning to start trying to deal with reality of discrimination in the area of being sure the citizens of our cities and our states ore raving an equal share of the pie,but besides these efforts we still are suffering such institutional discrimination that remains wide-spread.A part of even greater significance-is the consequences cf years such as discrimination in the past remains.Therefore,as long as the consequences of past discrimination exists it is necessary to redress the imbalances,and it lies with the decision makers /OO^' 2322 0 /DlO City Council Meeting Minutes:2 February 24,1976 of state,local and federal government. The prime purpose of state and local commissions is to create a balance of power between the have nots and those who have,and between those local persons who discriminate and thoselocal complainants who suffer from discrimination*.The persons who discriminate already have a solid base for power, but those who are disciminated against have less base cf power.They suffer discrimination for the most part because of their nationality,their sex their religion or their economic base.They have very few interests in power.Commissions must help the decision-making bodies to equalize this powerof-imbalance by providing the forms and expertise to the complaining party so that he or she can protect his or her best interests on an equal basis with a respondent who discriminates. In closing,Ms.Caver stated that the point to be considered is the prime function of a civil rights commission or agency is to enforce the civil rights laws of this country and to insure the bill of rights of this country is equal to all.Legislative bodies of state and local government have got to establish a commitment to equality of all citizens in their communities -and re-affirm their commitment from time to time to provide a climate of equality and a feeling of brotherhood,and a commitment by thoseof you who are decision making bodies to insure that you are not part of the problem and that you insure brotherhood. Mayor Pro Tem Johnson thanked Ms.Caver for her presentation in conjunction with Brotherhood Week. Ms.Caver is being sponsored by the Moses Lake Inter-Racial Commission for Human Rights and is scheduled to appear at various 'Brotherhood Week1 functions for the next few days. PUBLIC HEARING -ORDINANCE NO.751 -ZONE CHANGE REQUEST -Amick and Cochran A letter from City Planner Stan Bech was read stating the Planning Commission recommended Council approval of the zone change request of Earl Amick and Howard J Cochran.Mr.Amick's request is to change the existing site of Vista Village Shopping Center from Neighborhood Comm ercial to Community Business;and also the Easterly 2/3 of ParkOrchard Tract No.8 from Multi- family Residential and Single Eamily Suburban Residential to Community Business.Mr.Cochran's request is to change the property fronting on Valley Road between Vista Village Shopping Center and Stratford Road from Multi-Family Residential to Community Business.Stan pointed out the area Involved on the vicinity map projected on the screen by the overhead projector. Pro Tem Mayor Johnson explained the procedure of a public hearing and then called for comments or questions from those in the audience pertaining to this zone change request. Lyle Vandervelden,715 Ironwood Drive,inquired if the zone change Includes John Lee's property. Stan Bech answered that it does;John Lee requested that it be included. There were no further questions,nor had written protests been submitted.Therefore,Kent Jones moved the publie.'portion of the hearing be closed.Second by Eric Skaug.Motion carried. Bob Hill inquired,if this were to be approved by the Council,what would be the proposed East/West entry/exit to that.Recognize that it would have to be replatted.But what would you plan? Stan answered there is a dedicated road which has been vacated,and it would be in the same loca tion in Mr.Lee's property.It would need to be replatted and the road rededicated. The ordinance was read by title only incorporating the changes described along Valley Road and Vista Village Shopping Center. Motion by Jones and seconded by Barney to pass the ordinance.Motion carried unanimously. ORDINANCE -ZONE CHANGE REQUEST -E.T.Ebel (first reading) A letter addressed to City Manager for Council consideration by Stan Bech,City Planner,was read, stating the Planning Commission at their regularmeeting on February 12,1976 recommended Council approval of the zone change request by E.J.Ebel.The request is to change Burress Tract No.2; Block 1,Lots Nos.2,3,and 4,located on the corner of Beech Street and Fifth Avenue,from "R-2" Single Family Duplex Residential to "R-3"multi-family residential.The Chaussee Corporation desires to purchase the property to construct a 3-story apartment for the elderly.This same company constructed the Beech Court Apartments on Sixth Avenue,also for the elderly,only one>half block from this proposed zone change. The ordinance-was read by title only.Motion by Jones and seconded by Hill to adopt the first reading of the ordinance and set March 9,1976 as the public hearing date for the request.Motion carried. RESOLUTION NO.748 -POLICE INVESTIGATION FUND A letter was read from the Police Chief,Wayne Baker,along with a resolution for Council considera tion authorizing an increase in the Police Department Investigative Revolving.Fund. The resolution was read in its entirety,stating there is a need to Increase the Police Investigative Fund to meet current operational requirements,recommending the increase from $900 to $10,000 with the provision that these funds in excess of $900 will be retained by the Finance Director in the City's designated depository except when actual investigations are in progress,and that a detailed set of accounts will be maintained by the Police Chief and audited periodically by the Finance Director to insure the safe keeping of these funds.Further,that the City will provide fidelity bond coverage u- 2323 City Council Meeting Minutes:3 February 24,1976 of $20,000 on the Police Chief. Bob Hill concurred with the provisions of the resolution and moved to adopt the resolution. Second by Barney.Motion carried. FINAL PLAT -HANSEN ADDITION,PLAT "A" Aletteraddressed to the City Manager for Council consideration by Stan Bech,City Planner,was read,//<?<^r stating the Planning Commission,at their regular meeting on February 12,1976,recommended tothe City Council that Hansen Addition Plat "A"receive final approval.This is a very simple plat be cause there are no dedications nor is extension of utilities required.All platting fees have been paid.,added Stan Bech.Also this is the proposed location of the 'Fogcutter'. Motion by Hill,second by Skaug to accept the plat.Motion carried. REQUEST TO CALL BIDS -DIVISION STREET SIGNALS Aletter addressed to the City Manager for Council consideration from Jerry Fay,Public Works Director,was read requesting authorization from the Council to call for bids on the above project. The construction cost is estimated to be approximately $60,000. Jerry Fay presented sketches which were color-coded to show the different traffic flows and the features of the proposed signal system for Fourth.and Fifth Streets on Division Street. Police Chief Wayne Baker urged installation of these signals stating,these two particular Intersections for the last five or six years have had more vehicle accidents with injuries sustain ed than any other intersection in town.It is money well spent for this particular project. Motion by Barney,second by Jones,to approve the call for bids.Motion carried. SWIMMING POOL FEE STRUCTURE Aletter was read from Cecil D. Lee, Park &RecreationDirector, stating that after considerable /&^ study and discussion regarding differing swimming pool fee structure philosophies,the Park and Recreation Commission unanimously agreed to reconfirm their previously submitted fee structure. Several citizens expressed their concerns and opinions to the Commission before Dick Philen's motion was made ="We return this to the Council;stating that we have reviewed it and continue to support it". Pro Tem Mayor Johnson stated there was considerable discussion on this at the last meeting,and the rates are posted here once again.Would Council have any more questions answered by the Park &Recreation Director? Bob Hill Inquired,if we were to take some of these other proposals,what would be the cost of administration compared to what the Park &Recreation Commission recommended,and how would you administer it? Cecil Lee answered,the only real problems with the multiple family rate would be an administration function to cope with,as to how do we really know how many people in a family.That kind of structure would almost need positive identification which would mean problems for the Department, which would mean photographs,and no doubt,take more man hours. Eric Skaug again questioned the equity of just the one flat family rate.His point of view Is to make sure we treat families equally.The $25.00 family rate as proposed can only be taken ad vantage of by a large family,and the proposed rate fails to recognize that there is a smaller family that is asnuch a part of this community as a larger one. He added, we are not trying to penalize the larger family,but then on the other hand should not be in a position to be saying we are penalizing the small family.A small family includes two people with no children,and a family also incudes ten people with eight children -they are all families.We are trying to en courage family participation in recreation.Therefore,suggested for consideration an alternate family rate setting as a line of five-person family being charged $25.00 and a four-person family and less,being charged a fee of $20.00,which would maintain that we are trying to encourage family recreation,giving an equal break to a large as well as a small family.He asked for comments on his suggestion,.if anyone felt necessary to discuss it.Jane Ham asked to comment regarding this. Bob Hill commented that he didn't think the Council should get into a public hearing on this. I ted some feelings on this myself and agreed with sending the schedule back to the P & R Commission.But Looking at administration costs to which Mr. Lee alluded,and.secondly I think we have the expertise of a Commission thatjwe the Council have appointed.After they reviewed it for the second time at least,I would go along with the present Park &Recreation Commission proposal. //// 2324 l< II l\ City Council Meeting Minutes:4 February 24,1976 Kent Jones commented,that no matter which way you go somebody is going to feel they are being dealt with a little unfairly.Probably the best way would be to put it on a pay as you go basis and forget about any season passes.I would have to go along though withthe Park and Recreation Commission proposal. EricSkaug asked Mr.Heikel,Chairman of the Park &Recreation Commission,whether that pro posal in itself conflicts with the Commissions'philosophy ?./""-1 Mr".Heike11,commented that we do have a one-half million dollar facility that sits idle eight months out of the year.We want to make maximum use of that,of course.The split rate fee would be difficult to handle for administration with the personnel we have.That would be my reaction.There is also a policing problem as to whether people,in some instance,would be dishonest in stating their family size,and how can 'you prove it? Eric Skaug commented that we should still consider a break for a small family,and administrative additions I think could be handled,therefore,moved to adopt the swimming pool fee proposal with the amendment of $20.00 for families of four or less. The motion died for lack of a second. Bill Moe moved that the proposal the Park &Recreation Commission submitted for the coming season be adopted.Second by Bob Hill. Jane Hammade an effort to be heard before the Council voted and also stated there are others here that would like to be heard on this issue. Pro Tem Mayor Johnson stated that he would like this motion be voted upon,since this has come up before and sent hack to the Commission,and feels there has been ample opportunity at previous meetings for the people to comment.If he recalled,this issue was opened up for discussion previously. The question was called.Motion carried.Opposed by Skaug. CITIZEN INPUT fcp jane Ham commented on the swimming pool fee structure,that the Council has voted for it,bu.t that she is in favor of giving the smaller family a break,'how many people are going to cheat for $5;00'? A number of people present expressed their opinion regarding the swimming pool fee structure stating they were in favor of it or against it. Pro Tem Mayor Johnson again stated that we have a Park &Recreation Commission consisting of seven people,who as citizens have been appointed after volunteering and have held their meetings and put in a lot of time without any compensation.The Council has sent the pool fee structure back once,and In due respect to these people in what they are doing,when it comes back the second . time around and they had studied it again,think we have to take the recommendation of these people. Eric Skaug added that his proposal was not aimed to rebut or confront the Commission.I appreciate the work they do,and the input the input they do make to Council.My proposal in fact was a compromise to me to the best of all issues,plus those who were concerned about the family rate structure.I can appreciate Council's consideration for the recommendation by the Park &Recreation Commission. STAT US/INFORMATION Concession Operation at Cascade Park: Letter from Park &Recreation Director for Council information stating the Park &Recreation Advisory Commission received a request by PaulBrassfield to set up a food concession operation at Cascade Park.The Commission unanimously agreed on the general principle of a privately operated concession at Cascade Park with the reservation that it be set up with the proper controls. There may not be sufficient time before Summer to allow a concession'operation this year.However, Cecil Lee stated that he will proceed to work up the necessary agreements and guidelines to bring back to the Council for final consideration. City Manager:Funding for Lake clean-up work City Manager Chet Waggener stated the Moses Lake Irrigation &Rehabilitation District have submitted an application for funding for Lake clean-up from the DOE.They are working through the consulting firm of Brown &Caldv/eil in Seattle.The first phase of the grant application would be for continued studies and the second phase for clean-up.Clint Connelly,Chairman of the Irriga tion and Rehabilitation District,informed the City Manager that Moses Lake is considered as one of the top*five lakes in the Northwest to be considered for possible rehabilitation work,and re quested on behalf of the City to send a letter to DOE endorsing the project,since they plant to sumbit a s upplemental request for grants to the Federal government.The grant is a 50%match and they would like to ask for a 40%grant from the federal government,which would leave only 10%for local .match. Motion by Hill,second by Jones -the council concur with the endorsement..Motion carried unanimously, Meeting adjourned at 9:45 P.M. MAYOR PRO TEM/-JSfofman W.Johnson ATTEST: City Clerk,R.R n N • / i