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1977 02 15L 2493 CITY OF MOSES LAKE MOSES LAKE,WASHINGTON CITY COUNCIL MEETING - REGULAR SESSION February 15,1977 CITY HALL -COUNCIL ROOM 8 P.M. Members Present:Eric Skaug,Jim Barney,Kent Jones,Norm Johnson,Bob Hill,and Bill Moe.Absent:Don Swanson. Mr.Barney moved that Bill Moe be appointed Mayor Pro Tern in the absence of Mayor Swanson, seconded by Mr. Hill, and passed unanimously. The meeting was called to order at 8 p.m. by Mayor Pro Tern Bill Moe. Mr.Hill moved that the minutes of the meeting of February 8 be approved as submitted, seconded by Mr. Jones, and passed unanimously. I.CITIZEN INPUT Harold Thompson,725 Loop,presented a letter signed by 26 property owners in the /Dty£ Knolls Vista area requesting that the Council reconsider the decision on the Knolls Vista Sidewalk L.I.D. Male Citizen, stated that he was requesting that the City Council withdraw the whole action on L.I.D.'s 35 and 36 because some of the people in the area did not receive notification of the Public Hearing in time to attend the meeting. The letter presented by Mr.Thompson was read. Mr. Hill suggested that the sidewalk question in the Knolls Vista area be discussed at the next Council meeting. Mr.Johnson moved that the letter concerning the Knolls Vista Sidewalk L.I.D. be entered into the minutes and the question be discussed at the next Council meeting, seconded by Mr.Barney,and passed unanimously. Mr. Hatfield, 332 Ridge Road, stated that the Retail Trade Commission would like to ///^>~ request a no parking time limit for Thursday,Friday,and Saturday,February 17, 18, and 19.This would tie in with the Washington Birthday promotion. Mr.Johnson moved that permission be granted for free parking for the George Washington celebration,seconded by Mr.Barney,and passed unanimously. II.CONSIDERATION OF BIDS None III.PETITIONS,COMMUNICATIONS OR PUBLIC HEARINGS PUBLIC HEARING -BUSINESS IMPROVEMENT DISTRICT -PARKING The letter that was sent to the merchants from Jerry Fay was read.._ Jerry Fay,Public Works Director,went over the procedure that is involved in setting up a Business Improvement District.He stated that this district is bounded by Alder Street,Broadway,Beech Street,and Fifth Avenue and encompasses all business within that area.He stated that there were 73 business in the area at the time the resolution was drawn,and that at the present time he has received protests in the amount of $949 or 36.5%. Mr.Fay suggested that because of some of the problems involved with the actual initiation petition and initiation resolution procedure that,he would suggest that the Council reissue an initiation petition and a resolution of intention and go on with the ordinance and another Public Hearing.He stated that if protests are not received prior to the passage of the ordinance,then they are not valid. The Public Hearing was opened. 2494 CITY COUNCIL MINUTES:2 February 15,.1977 Bud Jones,Carl's Shoe Store, 114 East Third Avenue,wanted to know why the stores on the north side of Broadway were not included in the Business Improvement District as he felt they would be benefited by this District.He also wanted to know how the two proposed parking lots would be policed to keep out the employees. Jack Hatfield,Hatfield's Department Store,stated that Broadway was a state highway with a lot of traffic and people do not like to cross it if they don't have to. He stated that he thought that from Alder to Ash the north side of Broadway was already paying on an L.I.D. for improvements behind their businesses.He stated that an enforcement plan has not yet been worked out. Fred Reiber, 208 West Third Avenue,wanted to know if the new building going up on Beech Street would be assessed, although they are outside the bounds of the district. Mr. Moe stated that they would not be assessed if they are outside the boundaries of the district. Jack Eng, Elmers Restaurant, stated that he felt that parking is needed but that he objects to the rate that is being charged. Because of the fact that he works three shifts he would be paying about $160 per month and he felt that was too much. Ken Heimbigner, Moses Lake Furniture, stated that he was in favor of the district but felt the rate schedule was out of line. Jack King, 205 West Broadway, Moses Lake Muffler, stated that he had a large parking area already and felt he could gain nothing from this parking plan and he is opposed to it. He wanted to know if the city had considered removing all the parking meters in this area. Clint Connelly, 213 West Broadway, stated that he did not see any advantage to the businesses in his block from this district.He felt there should be an alternative plan. Don Goodwin,owner of the building on the corner of Broadway and Alder,stated that about three years ago he had bought two lots on Broadway to use for parking.He stated that he was not against the parking L.I.D.but felt there should be some exceptions if people already have sufficient parking. Norma Hicks,Dairy Land,stated that they had their own parking for employees and since this is a drive-in business that they would not receive any benefit from the project. She also wanted to know how they would be assessed for their part-time employees. Jerry Fay stated that the assessment is based on a 40-hour work week and that perhaps some reduction could be made. John Moberg,law office on Beech Street,stated that he did not see how his business could benefit from this district.He stated that he did not feel the letter spelled out how the protests should be made and on what basis they would be made. He wanted to know what the proposed parking lots are now being used for as he felt they were being used as parking lots at the present time. He felt this district would benefit those businesses on Third Avenue and no where else. He did not feel the assessments were fair when based on the benefit that would be received from the district. He wanted to know what type of protest would be recognized to defeat this, and what this property is presently being used for,and the method of enforcement for payment of the assessment. Gene Humbolt,Gene's Bi-Rite Drug, stated that he was in favor of the district. Phil Herman,Phil's Chevron,101 West Broadway,stated that he was against the whole thing as he had sufficient parking for his business and that he did not have any walk in trade;He felt that businesses who want parking should buy lots themselves and establish their own parking. Norm Statt,224 West Third Avenue,stated that he was against the district.He stated that if the Post Office,the liquor store,and the Sherriff's Office would be included he would go for it.He also wanted to know how €!he parking meters could be taken out. n 2495 CITY COUNCIL MINUTES:3 February 15,1977 Janet Noga,Basin Travel Service,stated that she was against the parking even though she felt the parking was needed.She felt it should be set up in a different type of assessment,as there has been no consideration given to the professional people who do not need the downtown foot traffic.She felt that one business should have one vote and she also wanted to know what would happen if a businesses does not pay and how the taxes on the property would be collected and what happens if a business moves out. She wanted to know how often payments would be made and who would make the payments. Ralph Kennison,Ries and Kennison,404 Division,stated that he was opposed to it. He stated that on Fourth Avenue almost every business has their own parking. He wanted to know where the $270,000 is going and why land is not being bought that is not now used for parking. He felt the $270,000 was exorbitant. Dr.Arlo Dunning,218 West Third,stated that he was in favor of parking but he felt he had to protest this district because it takes in too small an area, too small a group, and he questions the legality of assessing businesses and not property. He stated that he did not like turning the land over to the city. Barbara Larsen, Merle Norman, 210 South Division, stated that she felt everyone would benefit and wanted to know why there has to be a set boundary. Curt Anderson, Shoe Box, 110 East Third, stated that he felt that everyone agreed that more parking was needed downtown.He stated that he was in favor of it because this was the first step toward getting more parking even though this may not be the correct way to go about it. Pat Acres,City Attorney,stated that the law in question has never been tested in court and several articles have been written by the Association of Washington Cities questionning the legality of this statute. He stated that the bonding attorney, who is specialized in this area,stated that the City would have to issue Councilmatic bonds as opposed to L.I.D.bonds because there is a question of whether this ordinance and the means of collecting the money is lawful.He stated that the ordinance could be declared to be invalid and the city could end up picking up the complete tab. The discussion by the citizens was closed. Mr.Skaug stated that the staff had requested that the Council backtrack by passing another resolution of intention and establishing another Public Hearing. Mr.Waggener,City Manager,stated that perhaps the Council would like to consider the method of assessment. Mr.Johnson felt some of the items needed clarification before this project was acted on./ Mr. Waggener stated that he felt Council should be aware that the City could not issue revenue bonds but instead would have to issue limited General Obligation Bonds which would make it a debt of the entire city. He stated that in states other than Washington, cities had gone ahead in the downtown areas with beautification projects,malls,etc. at city expense.He felt the Council should be aware that there is a possibility that part of it would have to be paid for out of the general revenue of the city. Mr.Moe asked about the official protests. Jerry Fay stated that written protests should be received prior to the Public Hearing. If 50% of the total assessment protests the Business Improvement District,then the Business Improvement District shall automatically be rejected. Mr.Moe asked about the use of the proposed lots to be considered in this L.I.D.He wanted to know what the lots are being used for now. Jerry Fay stated that the lots being considered are being used for parking at this time. Jack Hatfield stated that the lots are now on a month to month lease and if it is sold and a business put in there the businesses downtown will be hurt. 2496 CITY COUNCIL MINUTES:4 February 15,1977 Mr. Moe wanted to know about the method of enforcement as far as parking and collecting. Mr.Hatfield stated that tires could be marked to eliminate all day parking by employees. He stated that, if necessary,a fee system could be set up. Mr. Moe asked about the method of collecting the assessments. Mr. Hatfield stated that it was tentatively set up on an annual billing basis to help keep administrative costs down. Mr.Skaug wanted to know the legal standing on the enforcement of the assessment. Mr.Acres stated that every portion of the ordinance would be subject to test in court. If a business refuses to pay, it could be taken into small claims court. Mr. Hatfield stated that in Longview the assessment district has been in four years and they have had a few instances when small claims court was necessary for collection and it was successful. Mr.Moberg stated that he felt the letter sent to the merchants did not spell out what needed to be done if they wanted to protest and he felt it should be resubmitted to the public. Mr. Acres suggested that if the manner of assessment is going to be changed,a new initiation resolution should be initiated. Mr.Johnson wanted to know if a study session could he held. Mr.Skaug also felt a study session should be held. Mr.Barney stated that Mr.Kennison brought up the question of where the $270,000 is going and he wanted to know how much it would cost with no beautification or any extras. Bud Jones,Carl's Shoe Store,wanted to know what would happen if a businesses did ^^ not pay the assessment.If it was taken to small claims court and he was directed to pay the assessment and still refused. Mr. Acres stated that he would be subject to legal proceedings. Mr.Johnson wanted to know where the legality of the project ties in to the land owner, since most of the people are managers or rent the buildings. Mr.Acres stated that the land owners have the same opportunity to object to the ordinance in a Public Hearing as anyone else. Mr.Johnson felt that the Council should move on this project but that a lot of clarification was needed on it. Mr.Skaug stated that he felt a study session was needed and he would suggest that Mr.Hatfield or other proponents of it and those in opposition to it be present at the study session along with the City Attorney and the City Manager and City Staff. Mr. Moe wanted to know if the Council would like to continue the Public Hearing. Jerry Fay stated that it was his understanding that another resolution of intention would be initiated and another Public Hearing would be held, so there would be no need of continuing this Public Hearing. Mr.Johnson moved that the Public Hearing be closed,seconded by Mr.Barney,and passed with Mr. Jones and Mr. Hill abstaining. Mr. Barney moved that Resolution 797 be cancelled, seconded by Mr. Skaug, and passed with Mr. Hill and Mr. Jones abstaining. Mr.Skaug suggested that March 1 at 8 p.m. be set for a study session on the Business Improvement District.This was agreeable to the rest of the Council. 1 f 2497 CITY COUNCIL MINUTES:February 15,1977 IV.ORDINANCES AND RESOLUTIONS None V.REQUESTS TO CALL FOR BIDS None VI.REFERRALS FROM COMMISSIONS None VII.OTHER ITEMS FOR COUNCIL CONSIDERATION None VIII.COUNCIL QUESTIONS AND COMMENTS Mr.Barney wanted to know if the City Manager had heard anything about the gambling mecca.Mr.Waggener stated that the only thing he is aware of is the bill before the legislature for a bazaar type operation for gambling somewhere in Central Washington, Mr.Hill stated that he had received some calls on the vandalism and break-ins within the community during the last 60 days and wanted to know if Mr.Baker could give any information on it. Wayne Baker,Police Chief,stated that he thought they had a suspect for the individual who is going into the homes at night and taking the women's purses or money and //7^ leaving.They have not been able to tie the suspect to this man as yet because he wears a cover over his face which makes it hard to identify him. The burglaries apparently hitting the Knolls Vista area right now, he feels is the work of young people..Patrols have been concentrated in that area. Mr.Baker stated that the reserves were out almost every night but the man power varies each night. The crime prevention unit is working this area. Shift adjustments have been made to more adequately cover the late night shift. Mr. Barney wanted to know how Moses Lake rates with other cities of comparable size. Mr.Baker stated that Moses Lake rates favorable with the others.He stated that the total number of thefts,for example,was down. IX.CITY MANAGER REPORTS AND COMMENTS None The meeting was adjourned at 10 p.m. j£Phr\^t?C Bill Moe,Mayor Pro Tern ATTEST: C£4>*&~*l~ R.C.Bierma,City Clerk