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2010 06 08u 7023 MOSES LAKE CITY COUNCIL June 8,2010 Council Present:Jon Lane,Bill Ecret,Dick Deane,David Curnel,Karen Liebrecht,Brent Reese, and Richard Pearce The meeting was called to order at 7 p.m. by MayorLane. PLEDGE OF ALLEGIANCE:Mr.Pearce led the Council in the pledge of allegiance. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Minutes:The minutes of the May 25,2010 meeting were presented forapproval. Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance Director as required by RCW 42.24.080,and those expense reimbursement claims, certified as required by RCW 42.24.090,have been recorded on a listing which has been made available to the Council for approval and is retained for public inspection at city hall.As of June 8,2010 the Councildoes approve for paymentclaims inthe amountof $518,126.26;prepaidclaims in the amounts of $50,523.54 and $7,668.41;claim checks in the amount of $997,794.88;and payroll inthe amounts of $2,028.59 and $49,163.06. EKA Chemicals Preliminary Maior Platand Findings of Fact:Eka Chemicals submitted a one lot j/c preliminary plat for 27.69 acres fortheir existing plant site located at 2701 Road N NE.The site is zoned Heavy Industrial, which corresponds with the Comprehensive Plan Land Use Designation of Industrial.Waivers and deferrals were requested for street and utilityimprovements to Road N. The Planning Commission recommended that the preliminary plat be approved with conditions. K^J As no appeal was taken from this decision ofthe Planning Commission,the Council's approval of this decision incorporates and adopts the Findings,Conclusion and Decision of the Planning Commission. Crossroads Phase 4 Preliminary Maior Plat and Findings of Fact:Hayden Homes submitted a /^/ preliminary platto subdivide 11 acres into41 single family lots. Deviations to lotand street design standards were requested.The site is located east of Highway 17,approximately halfway between Wheeler Road and Nelson Road.Most ofthe site is zoned R-1,Single Family Residential,and the remainder is zoned R-3,Multi-family Residential.The Planning Commission recommended that the preliminary plat be approved with conditions.As no appeal wastaken from this decision of the Planning Commission,the Council's approval ofthisdecision incorporates and adopts the Findings, Conclusion and Decision ofthe Planning Commission. Action Taken:Mrs.Liebrecht moved that the Consent Agenda be approved,seconded by Dr. Curnel,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None KJ 'c3 i& 7024 CITY COUNCIL MINUTES June 8, 2010 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS I03.Q VISION 2020 -OVERPASS ART WORK (T\ Richard Teals,Vision 2020,mentioned that they have met withthe Department of Transportation, a bridge designer,a landscape designer, and a safety engineer concerning the proposed artwork on the overpasses adjacent to Moses Lake. He mentioned that the previous design does not meet the requirements of the Department of Transportation since any artwork on the overpass needs to be incorporated at the time t he overpass is constructed.He stated that the proposed silhouettes would have to be placed along the off-ramps so as not to distract drivers on 1-90,the water related symbols cannot be placed on the overpass but the city's logo could be used,and the landscaping could be altered.Because Vision 2002 will need to consult further with the Department of Transportation about this project, and the Department of Transportation has no funding forthis project, it is requested that the City establish a fund to pay travel costs for any Department of Transportation employees who travel to Moses Lake for consultations with Vision 2020 on this project. There wassomediscussion and itwas pointed out that the DepartmentofTransportation personnel will be traveling to Moses Lake for a Vision 2020 project and not a Department of Transportation project. Action Taken:Mr.Pearce moved that $3,000 be set aside in a fund for travel expenses for Department ofTransportation personnel,seconded by Mr.Ecret, and passed unanimously. -y/l IMMIGRATION Ed Stubington stated that the State of Arizona recently passed alaw concerning illegal immigrants.ff^) The City Council ofSeattle has condemned theStateof Arizona and herequested the Moses Lake ' City Council support Arizona's position rather than the City of Seattle. There was some discussion but no action was taken by the Council. ORDINANCES AND RESOLUTIONS /DVU?RESOLUTION - ACCEPT DONATION -WAL-MART A resolution was presentedwhichaccepts a $1,000donation onbehalfofthe Central BasinTraffic Safety Task Force.The funds will be used to purchase bike helmets and provide varioussafety programs during the spring and summer. The resolution accepting a cash donation of $1,000 from Wal-Mart was read by titleonly. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Dr.Curnel, and passed unanimously. fclb'/l RESOLUTION -BUILD ON UNPLATTED PROPERTY -M.E.MAYFLOWER A resolution was presented which allows M.E. Mayflowerto construct a covered unloading area for recyclablematerialson unplatted property located at 2000 West Broadwaywiththe stipulation that the property be platted within one year. n 7025 CITY COUNCIL MINUTES .June 8,2010 The resolution allowing M.E.Mayflower to build on unplatted property was read by title only. Gilbert Alvarado,Community Development Director,explained the reasons for requiring platting^J and pointed out that the infrastructure is in place but there are issues with curb cuts and sidewalk. Bob Bernd,representing M.E.Mayflower,stated thatthe water and sewer hasbeen extended through the property and thesidewalks are existing.He pointed out that the square footage ofthe building will only be increased by 11 %and that it takes months togeta plat though the city and many thousands of dollars. There was some discussion by the Council. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Ecret,and passed with Mr.Lane opposed. RESOLUTION -GRANT APPLICATION -HERON BLUFF TRAIL A resolution was presented which authorizes the City Manager to apply for a grant from the Recreation and Conservation Office to construct the Heron Bluff Trail.The Heron Bluff Trail will be an constructed along the shoreline of Blue Heron Park and the adjacent park property to connect to Bluff West Drive which will create a continuous bike path from Moses Pointe through town to Big Bend Community College.The developerof the Bluff West Major Plat was required to construct a path between Bluff West Drive and the City owned property to the south in anticipation for this connection. The estimated total cost of the path is $400,000 and the grant would pay 50%of the cost. The resolution authorizing application(s) for funding assistance for a Washington Wildlife and M Recreation Program (WWRP)project tothe Recreation and Conservation Office as provided in Chapter 79A.15 RCW,Acquisition of Habitat Conservation and Outdoor Recreation Lands to construct the Heron Bluff Trial was read by title only. Gary Harer,Municipal Services Director,stated that the Trails and Paths Team feels that this is a good project and the path will be well used.This path will connect the existing bike path from Moses Point all the way through town out to Big Bend College. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Pearce,and passed unanimously. There was some discussion on the funding and it was pointed out that if funds are not available at the time of grant award, the city can determine whether to accept the grant. RESOLUTION GRANT APPLICATION -LOWER PENINSULA PARK A resolution was presented which authorizes the City Manager to apply for a grant in the amount of $500,000 from the Recreation and Conservation Office for development of the Lower Peninsula Park. The resolution allowing authorizing application(s)forfunding assistance for a Washington Wildlife and Recreation Program (WWRP)project to the Recreation and Conservation Office (RCO) as provided in Chapter 79A.15 RCW,Acquisition of Habitat Conservation and Outdoor Recreation Lands was read by title only. /a? 7026 CITY COUNCIL MINUTES June 8,2010 Spencer Grigg,Parks and Recreation Director,stated that the funds will be used to develop the 17 acre Lower Peninsula Park with a multi-purpose sports field and a playground area.This is a 50%matching grant. Action Taken;Dr.Curnel moved that the resolution be adopted,seconded by Mr.Deane,and passed unanimously. REQUEST TO CALL FOR BIDS ///5 MAE VALLEY WELL PROJECT I'^Lp Staff requested authorization to call for bids for the 2010 Mae Valley Well Project.This project includes the construction of a pump house and a main structure with electrical,control, and telemetry systems at Well 31 and a pump house at Well 19. Gary Harer,Municipal Services Direction,stated that the west end of town is short of water and these wells will rectify that lack and provide flexibility on the operation of the water system. Action Taken:Mr.Pearce moved that staff be authorized to call forbids,seconded by Mr.Reese, and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION //yCf NATIONAL NIGHT OUT Staff requested the Council authorize the city to participate in National Night Out on August3. This activity is designed to heighten crime and drug prevention awareness,strengthen neighborhood spiritand police community partnerships, and send a messageto criminalsthat neighborhoods are organized and fighting back. The Police Department will be asking the community to keep their outdoor lights on all night. Dean Mitchell, Police Chief,stated that the Police Department has recognized National Night Out as the nightagainstcrime for manyyears. This yearitwill bea specialevent underthe supervision of the Police Specialist. Bob Carpenter, Police Specialist, gave the background on the National Night Out,outlined the different activities planned, and the effectiveness of the efforts of block watches and increased awareness of residents. Action Taken:Mr.Ecret moved that the Councilsupport the National NightOut,seconded by Dr. Curnel,and passed unanimously. //cT<*REQUEST TO USE CITY PROPERTY -GRANT TRANSIT AUTHORITY Greg Wright, Transit Manager,requested the use of city property for a GTA bus shelter. The shelter would be located behind the sidewalk on Alder Street near Fourth Avenue. Gary Harer,Municipal Services Director,stated that since this bus shelter will be adjacentto the community gardens,no smoking signsanda garbage receptacle will be installed. 'P O n 7027 CITY COUNCIL MINUTES June 8,2010 Action Taken:Mr.Deanemoved thatthe request be granted,seconded by Mr.Reese,and passed unanimously. [^_J WATER EFFICIENCY GOAL In orderto maintain compliance withthe Water Use Efficiencyrequirements of the Washington State Department of Health,a water reduction goal must besetthatismeasurable andhasa time frame.Staff recommended a goalbe set for reducing the average single family water usage by 2%before 2015.The purpose istoconservewater andto maintain compliance with theWaterUse Efficiency requirements. Gary Harer,Municipal Services Director,stated thatthe conservation of water is a requirement from the Department of Health.The goal will be met through public education. Action Taken:Mrs.Liebrecht moved thatthe goalof reducingwaterconsumption by 2% by 2015 be endorsed,seconded by Dr.Curnel, and passed unanimously. WAIVER -IMPROVEMENTS -FOOD BANK Gene Clasen, ownerof 1075West Marina Drive,the location ofthe Food Bank,requested awaiver tothe requirement for a covenant for the construction of improvements inthe future. Gilbert Alvarado,CommunityDevelopment Director,stated thatthe cityhas a requirement for plats that are deemed insufficient so that when construction is proposed, a covenant is required forthe infrastructure improvements that have not been constructed. A handicapped ramp has been proposed forthe Food Bank. This ramp requires a building permit whichtriggersthe requirement for a covenant since the infrastructure will not be installed.Currently in the regulations for plats (J deemed insufficient there isno provision for a waiver ofthe requirements. Jim Whitaker, CityAttorney, reminded the Council that the idea was to deal with platted property that does not have currently required improvements.The request to install a ramp triggers the requirement to install the required improvements or a covenant can be granted forthe installation in the future. Joseph K.Gavinski,City Manager,pointed out that during platting,required infrastructure can be installed, a deviation of the required improvements can be granted,or a waiver ofthe installation of the improvements can be granted.With the insufficiently platted property,when a building permit is requested,the property owner is requested to put inthe currently required improvements. Those improvements can be deferred through the use of a covenant but there is not authority for the Council to grant a waiver or deviation. Mick Hansen provided a drawing of the proposed handicapped ramp which they would like to donate to the Food Bank. Upon applying for a building permit, it was discovered that a covenant would be required forthe needed improvements.He stated that ifthe land owner is required to sign this covenant,the handicapped ramp would be dropped. Gene Clasen,owner of the property, pointed out that the building was constructed in 1980 with a loading area for truck deliverieswhich is accessed by the public from a stairway. The Food Bank has been at this location for many years and a ramp has been considered fora long time. //<*£ mo> 7028 CITY COUNCIL MINUTES June 8, 2010 Penny Archer,Assistant Executive Director of the Food Bank,stated that they oversee a total of 10 food banks in Grant,Adams,and Lincoln Counties.There are between 1600 and 1700 families that use the Moses Lake Food Bank every month.There are many elderly people that use the Food Bank and the stairs are dangerous. There was some discussion and staff was directed to amend the ordinance dealing with insufficiently platted property. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS IpO SIGNS ON CITY PROPERTY -WALKER DaleWalker requested permission to place political signs on city property located at FiveCorners, Kwicky Corner, and the grass area along East Broadway. The signs will be 4'x 8'. Action Taken:Mr.Pearce moved that the request be granted,seconded by Mr.Deane, and passed unanimously. /MO SIGNS ON CITY PROPERTY -JONES Tom Jones requested permission to place political signs on city propertylocated at Grape and Highway 17,Five Corners, KwickyCorner,and Division and Yonezawa.The signs are 4'x 8',18" x 24",and 3'x 5'. Action Taken:Mr.Ecret moved that the request be granted,seconded by Mrs.Liebrecht, and passed unanimously. /£b?0 SIGNS ON CITY PROPERTY -BERND Bob Bemd requested permission to place political signs on city property located at Kwicky Corner, Grape and Highway 17,Divisionand Yonezawa,FiveCorners, and East Broadway.The signs are 48"x 30"and 18"x 24". Action Taken:Dr.Curnel moved that the requestbe granted,seconded by Mr.Pearce,and passed unanimously. -JYL FARMER'S MARKET Rob Cox stated that he would like to speak about free speech at the Farmer's Market. On two occasions he was distributing religious material at the Farmer's Market and was informed by the manager that he could not do that in any part of McCosh Park while the Farmer's Market is operating.He wanted to know what is allowed inthe park. Joseph K.Gavinski,City Manager,stated that Mr.Cox has a right to be in the park and the Farmer's Market will be contacted about the situation. COUNCIL QUESTIONS AND COMMENTS -None T o n <J <y 7029 CITY COUNCIL MINUTES June8,2010 CITY MANAGER REPORTS AND COMMENTS BUILDING ACTIVITY REPORT The May 2010 Building Activity Report was presented. INVESTMENT REPORT The city received $14,100.05 in investmentincomefor May 2010. SALES TAX/TRANSIENT RENTAL INCOME The city received $402,951.97 in sales tax and $40,994.90 in transient rental income in May 2010. The regular meeting wasrecessedat 9:05 p.m.and the Council met in an executive session with the City Attorney todiscuss potential and current litigation and real estate issues. The executive sessionwas adjourned at 9:30 p.m.andthe regular meeting was reconvened.Theregular meeting was adjourned at 9:30 p.m. ATTEST JBfvLane,Mayor Rbnald R.Cone,Finance Director JO^O