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1976 03 30CITY COUNCIL MEETING - SPECIAL MEETING March 30, 1976 CITY HALL -COUNCIL ROOM 8:00 PM Members Present:Don Swanson,Eric Skaug,Jim Barney,Bob Hill,Bill Moe, Norman Johnson and Kent Jones The meeting was called to order by Mayor Donald E. Swanson at 8:00 p.m. CITIZENS INPUT Mayor Swanson announced that in the Citizens Input portion of the meeting, anyone here having something to speak on that is on the agenda, could do so. Jerry Law, 704 Crest Drive, identified himself and stated that he would like to talk about the spring swimming pool schedule. He hoped that it wasn't the belief of the Council that the swimming team and the school district were the only ones that were going to be using the pool.He understood that the City also has programs set up for the handicapped and the senior _citizens.It was mentioned that the City would be subsidizing a team and ^the school district,and he could not agree with that statement because rmM at the last Council meeting they okayed a proposal for $27,000 for tennis CJ>courts,which would then be subsidizing the people of Moses Lake that play CC tennis. W Mayor Swanson then asked if there were any comments from anyone on items that are not on the Agenda. There were no comments from the audience. PUBLIC HEARING—VACATION OF RICHARD STREET 2336 Stanley Bech,City Planner, presented a request for an Ordinance vacating Richard Street in its entirety.Dr.Richard Penhallurick had requested this street vacation.The owners of all property adjoining Richard Street, which runs east and west and is located North of Valley Road and East Stratford Road have requested that Richard Street in its entirety be vacated. Presently Richard Street which is undeveloped would run directly through the proposed K-Mart development.The adjoining property owners will be required to compensate the City with one-half the appraised value of the vacated street. Mr. Bech had received an appraisal from B.I.Middlebrooks,who had given the appraisal of $7,650.00. Bob Hill had a question regarding the City's involvement in this street vacation.He had understood that the City would not be involved,and he questioned an answer that was made two weeks ago,which he felt was erroneous in stating that there would be no City involvement.Stanley Bech stated that the way the question was stated,it was understood that there had been no City money put into this street and no improvements had been made. City Manager,Chet Waggener,stated that perhaps at the staff level they had misunderstood the question.He thought the question was whether the City had done anything to purchase right-of-way in acquiring the street originally, or if the City had any investment in it. The correct answer to that question would be "No"-the City did not.The reason that the City is proposing that one-half of the value of the street be compensated to the City is that the State Law was changed just two or three years ago, quite recently,that allowed the City on vacation of a street to get reimbursed for one-half of the appraised value.Prior to that upon vacation of a street the property reverted to property owners on either side with no compensation at all to the City.Since that State Law was changed,you have uniformly actually collected one-half of the appraised value of the street,and that amount is $3,825.00 in this instance.It is not that we have any investment at all in the street, we do not, the street land has some value and we have the opportunity to recoup half of that.It is not mandatory that we do so, it is optional with the City, the law says you may do so. Don Swanson asked if this land was acquired from the Penhalluricks. Mr. Waggener answered that the land was dedicated as part of the original platting by the Penhalluricks. J0<P7 2337 CITY COUNCIL MINUTES: 2 March 30, 1976 The Mayor then opened the Public Hearing. Dr. Penhallurick stated that this had come as a surprise to him, he said the developers will be spending alot of money in developing the utilities, and they aren't asking the City of Moses Lake for alot of money for developing these utilities which they had planned,they plan on being a part of Moses Lake.He said he thought they had already made plans with the Elks to work an arrangement so they could have additional utilities into some of the other properties in the area. Since there was no further response from the audience,Norman Johnson made a motion that the Public Hearing be closed,seconded by Jim Barney,and unanimously passed. Kent Jones asked about the Preliminary Impact Statement,and wondered if the proper way to vacate the street would be by virtue of the new plat. He wondered why we are vacating now rather than handling it with the new plat itself.A situation could arise where we have platted property within the City of Moses Lake without public access, in the event the final plat never gets filed. Mr. Waggener stated that there are two ways that the street could be vacated. One is through the platting process and that would have normally been a simpler way to vacate it.The other way is to hold a Public Hearing,and the reason for this is that the K-Mart people wanted to proceed with building before they completed the preliminary plat.They filed their preliminary plat at the last Council meeting and their Environmental Impact Assessment, and they made a request of the Council,which was granted,which allowed them to proceed with building on the basis of platting the preliminary plat.They can't build until the street is vacated,so it was a matter of timing,and they chose to go this route.The other procedure with more time involved would actually have been a simpler procedure for them. Mr. Waggener said he did not want to speak for K-Mart,and he appreciated Mr.Jones'legitimate concern,but there certainly is every indication that this project is going to go,they have purchased the property.The point he made was that if the street is dedicated they can not go ahead and develop the property without either completing the plat for the intended use or come back and dedicate a street at some future time,or they would have to come back and rededicate the street to the City. Eric Skaug stated that since there is no street, there is no property involved that needs access,vacated or unvacated. Kent Jones said there is vacated property there, you could buy a lot there and could conceivably have no public access. This possibility does exist if we grant this tonight. Bob Hill asked Dr.Penhallurick if his mother who lives on the back of that property was going to retain the house,if so,what about the access?Dr. Penhallurick stated that they had in a Deed a complete ingress and egress to and from the property. They also are looking into another access road northernly just south of Highway 11-G,but they would just as soon have all the accesses and traffic control on Valley Road. When Bob Hill asked Dr. Penhallurick about something being arranged with the Elks Lodge. Dr. Penhallurick stated that if the Elks Lodge does build there will be some kind of agreement because the developers of the K-Mart are going to extend the sewer that will put the sewer lines within just a few feet of the Elks property. Eric Skaug asked if the compensation on appraised valuation was something that we have availed ourselves of in the past? Mr.Waggener answered that it was, that in instances in the vacation of alleys where the appraiser said that the property had such little value and it did not really increase the value of the lot by adding another 10'of property,then there was no compensation.In every instance where there was actual value that could be attached to it there has been compensation. 2338 CITY COUNCIL MINUTES:3 March 30,1976 The Ordinance was read in its entirety.Jim Barney made a motion that Ordinance vacating Richard Street be accepted,seconded by Norman Johnson, and voted on.All Councilmen voted in favor of the motion,except Kent Jones, who voted against the motion. Bob Hill asked that further information on the extension of the Elks Club and the agreement at the next meeting. Kent Jones (speaking as a member of the Elks Club)stated that there was no agreement, there has been a proposition made that is under discussion. Mr. Waggener stated that since this has not been presented to the staff, but the staff will get as much information as they can about it. Bill Moe stated he was not at the meeting when this special meeting was called but he understood that it was just for this one particular item, he wondered if other items could be considered under the circumstances. Don Swanson answered that the Council had asked to have some other matters considered at this meeting,and that he had asked that Item #3 be brought up for clarification. 2 BIG BEND MANTA RAY BOOSTERS REQUEST ^/c>oo £_)The Big Bend Manta Ray Boosters have presented a proposal to Mayor Don Swanson CC and the Moses Lake City Council."In belief that the Big Bend Manta Ray W Boosters provide a service to the youth of Moses Lake that would otherwise be unavailable we respectfully request....With the payment of One Hundred ($100)Dollars by the Manta Ray Swim Team,and the purchase of a season pass by each participating swimmer;the City open the pool to the team for practice during the month of May.The swim team would provide all supervision and none would be required by City personnel." Jim Barney stated that since they had paid $200 last year and are now asking -,)for payment of $100,that this request be granted and tried on a one-year basis, so there would be an option in the event this did not work out. Bob Hill recommended that the City Council accept the proposal limited only to the Manta Rays,and any other group which wishes to come in will be subject to Council approval. Don Swanson wanted to clarify if the pool would still be opened to the public.Cecil Lee, Parks and Recreation Director, said that normally it would be opened for summer swim, however, if we are going to have the pool opened in May, I think that we should provide public swimming. Bob Hill said his only contention would be that if any major group, such as the college or the public schools would be interested, that their price would be negotiated.Kent Jones stated that in Mr.Lee's proposal presented the preceeding week, there were the scuba divers, senior citizens, and different organizations that brought income in, from the pool,and wondered what would be done with those? Bob Hill said that he had purposely excluded those. Jerry Law, who was speaking for the Manta Rays, stated that since they are requesting that the pool be opened in May so that they could use it, why not open it up to the public for anyone who wants to use it, otherwise the pool will be sitting there and it will only be used 2%months out of the year.Jim Barney said that if the public would buy their season tickets or buy passes to get in the pool, that it would be open to the public. Kent Jones asked Mr. Lee if he had the additional $1300 in his budget to cover this additional expense.Mr. Lee answered that at the time that we budgeted we did budget in the event that we would have a May program, we did not know at that time whether there would be a May program, but it would mean that the revenue would not be there.We anticipate how much revenue we get in planning the budget. Mr. Hill said there has to be revenue there because last week you recommended that we approve it with no fees, free of charge, so there has to be money there. To clarify this request, Mr.Waggener stated that Mr. Lee merely forwarded a recommendation from the Park and Recreation Commission, rather than it being a staff recommendation. Eric Skaug stated that the cost is going to be there whether we let in one person or 1,000 people and unless it can be pointed out that additional costs are going to be incurred, then it would be wise to have the pool available to other groups too.We don't 2339 X CITY COUNCIL MINUTES: 4 March 30, 1976 want to give the impression that we are in a sense agreeing with the Manta Rays but we are not going to extend the courtesy to other people.Bob Hill answered that the only reason we say the Manta Rays is because they have the request,and secondly the school district did not participate last year because of the failure of the school levy,but this year they saw fit to put $7,000 or $8,000 into the community schools program.If they can afford this amount,they can afford to pay $300 or $400 into this activity. If the college is interested,they should be able to pay their fair share. The motion was then voted on, and unanimously passed. CODIFICATION AND REPRINTING OF MUNICIPAL CODE r Mr.Waggener submitted a proposed contract with Book Publishing Company for codification and reprinting the Municipal Code at the meeting of March 23, 1976, together with a letter from City Attorney,Pat Acres, citing the need for this codification.Mr. Waggener explained that a question was raised about the contract cost of $14.00 per printed page,and the charge is $14.00 per printed page with 75 copies of each page provided. He explained that the $14.00 per page was not strictly a printing cost, that also provides for all of the review,recomendations,and reports on the part of the publishing company,provides for all of the codification actually,the Ordinance analysis review and codification work.Their charge is simply in the cost per page,rather than breaking it down into the different segments.Breaking those costs down,estimating 800 pages,will be $11,200; the cost for binders is about $675;the tab divider pages $195,or a total cost of $12,070.As I indicated last time,we have $12,000 budgeted for this project. Kent Jones stated that this was an awful lot of money,he asked if this f was the only company that does this?Mr.Waggener replied that this is I the only company that does this in the State of Washington. This company _ has virtually done all the codification and printing work for cities in the State of Washington,there are several printing companies in California, but he knows of no cities in the State of Washington who have gone out of state for printing. Eric Skaug asked if this would include the Ordinance that we may be passing, in particularly the Zoning Ordinance.Mr.Waggener answered "Yes"-this provides for actual codification of the present Ordinance and we would propose that the present Zoning Ordinance and Subdivision Ordinance not be included, and we will wait until the new ones are actually adopted by the Council, so that they can be included in the codification. The estimate would include these Ordinances. Eric Skaug made a motion that Mr. Waggener be authorized to sign the contract with Book Publishing Company,seconded by Kent Jones and unanimously passed. BANKING PROCEDURES—BID SPECIFICATIONS R. R.Gagnier,City Clerk,stated that bid specifications had been sent to the local banks. A copy of the letter containing the bid specifications was presented to the Councilmen.Eastern Washington,Peoples National, Rainer National, Seattle 1st National, Columbia Federal Savings and Loan, Community Savings and Loan,and Fidelity Mutual Savings Bank each received the bid specifications. He had met with the bank representatives for the four banks and had discussed the banking services required by the City. The three savings and loan association do not provide this type of banking services and were sent a copy of the letter for informational purposes only in the event that they might be able to provide these services at a later date. The banks have until April 14, 1976, to submit their proposals. Even though the closing date is the 15th of April, the actual effective date would be July 1, in order to give the banks time to print the checks, etc. Kent Jones asked how long this proposal would be in effect, Mr. Gagnier answered it would be three years. He also stated that the bank would have O CO t—< CD CITY COUNCIL MEETING:5 March 30, 1976 the right of cancelation in the event that after providing the service the bank would find that it was not making a profit. After a five minute recess,a clarification of the motion on the request presented by the Big Bend Manta Ray Boosters was discussed.It was agreed that the City Parks and Recreation Department programs could participate in the use of the pool during the month of May,and that this request by the swimming team was for this year only. Kent Jones made a motion that the meeting be adjourned,seconded by Eric Skaug and unanimously passed.The meeting was adjourned at 9:10 P.M. )onald E.Swanson,Mayor ATTEST: R. R.Gagni City Clerk 2340