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2011 01 117114 [^J MOSES LAKE CITY COUNCIL January 11,2011 Council Present: Jon Lane,Bill Ecret, Dick Deane,Karen Liebrecht, Brent Reese,David Curnel, and Richard Pearce The meeting was called to order at 7 p.m. by Mayor Lane. PLEDGE OF ALLEGIANCE: Mrs.Liebrecht led the Council in the pledge of allegiance. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Minutes:The minutes of the December 28,2010 meeting were presented for approval. 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 whichhas been made available to the Council for approval and is retainedfor public inspectionatcity hall.As of January 11,2011 the Council does approve for payment claims inthe amount of $772,143.91;prepaid claims inthe amounts of $100,949.10 and $15,696.02;claim checks inthe amount of $754,150.04; and payroll inthe amounts of $1,368.76,$1,416.93,and $26,578.67. \j Maiers Industrial Park 2nd Preliminary Major Plat:Maiers Industrial Park Inc.has submitted an /Mip ^~^application for a one-lot plat of 5.41 acres.The site is located directly east of 13184 Wheeler Road, and is zoned Heavy Industrial,which corresponds withthe Comprehensive Plan Land Use Designation of Industrial.A deviation for the scale of the plat and deferral of street and utility improvements to Wheeler Road were requested.The Planning Commission recommended that the preliminary platand the deviations and deferrals be approved withconditions.Attached arethe Findings,Conclusions and Decision ofthe Planning Commission.As no appeal was taken fromthis decision of the Planning Commission,the Council's approval of this decision incorporates and adopts the Findings,Conclusion and Decision of the Planning Commission. Action Taken:Dr.Curnel moved that the Consent Agenda be approved,seconded by Mr.Deane, and passed unanimously. COMMISSION APPOINTMENTS PLANNING COMMISSION Mayor Lane requested Council confirmation of the re-appointment of Mitch Molitor,Steve Schield, and Vicki Heimark to the Planning Commission. Action Taken:Mr.Ecret moved that the re-appointment of Mitch Molitor,Steve Schield,and Vicki Heimark to the Planning Commission be confirmed,seconded by Mr.Peace,and passed unanimously. \J CONSIDERATION OF BIDS AND QUOTES -None 7115 CITY COUNCIL MINUTES January 11,2011 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS -None ORDINANCES AND RESOLUTIONS /03Ce ORDINANCE -AMEND 16.02 -BUILDING PERMITS -2nd READING An ordinance as presented which corrects an inconsistency between the city code and the State Building code. The ordinance amending Moses Lake Municipal Code Chapter 16.02 entitled "Building Permits" was read by title only. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Ecret,and passed unanimously. /Od2/ORDINANCE -CREATE 17.56 -REIMBURSEMENT AGREEMENTS -2nd READING An ordinance was presented which creates regulations with regard to reimbursement agreements for developer installed improvements.The regulations were mandated by the city's insurer,WCIA, as part of the city's land use audit. The ordinance creating Chapter 17.56 ofthe Moses Lake Municipal Code entitled "Reimbursement Agreements"was read by title only. Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted, seconded by Dr.Curnel,and passed unanimously. /Off ORDINANCE -AMERICOLD ANNEXATION - 1st READING An ordinance was presented which provides for the annexation of approximately 38.27 acres of property located adjacent to Randolph Road and north of Wheeler Road. The ordinance annexing property commonly known as the Americold annexation to the City of Moses Lake,Washington,and incorporating the same within the corporate limits of the City of Moses Lake was read by title only. Gilbert Alvarado,Community Development Director,pointed out that the property will be zoned Heavy Industrial. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by ^Mr.Ecret,and passed unanimously. OSJ>ORDINANCE -NATIONAL FROZEN FOODS ANNEXATION - 1st READING An ordinance was presented which provides forthe annexation of approximately 2.67 acres of property located north of Wheeler Road. The ordinance annexing property commonly known asthe National Frozen Foods annexation to C^\ the City of Moses Lake,Washington,and incorporating the same within the corporate limits of the ' City of Moses Lake was read by title only. o O u 7116 CITY COUNCIL MINUTES January 11,2011 Gilbert Alvarado,Community Development Director,pointed out that the property will be zoned Heavy Industrial. Action Taken:Mr.Deane moved that the first reading of the ordinance be adopted,seconded by Mrs.Liebrecht,and passed unanimously. ORDINANCE -GRANT COUNTY PUD ANNEXATION -1st READING An ordinance was presented which provides for the annexation of approximately 23 acres of property located north of Kinder Road and east of Wenatchee Drive. The ordinance annexing property commonly known as the PUD annexation to the City of Moses Lake,Washington,and incorporating the same within the corporate limitsof the Cityof Moses Lake was read by title only. GilbertAlvarado,Community Development Director,explained that this annexation was proposed several years ago by the PUD.The PUD subsequently requested that the annexation be put on hold.They are now ready to continue with the annexation.The property will be zoned Public. There was some discussion by the Council on the fact that an island of unincorporated property will be created by this annexation. Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by ^J Mrs.Liebrecht,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS WELL 31 SHORT PLAT -DEFERRALS The Municipal Services Departmentsubmitted a requesttowaivethe requirementtodedicateand build Davy Street to the west along the south side of the Well 31 Short Plat.Since there are wetlands and likely habitat of the Northern Leopard frogs to the south and west of the plat,the Municipal Services Department felt a street to these areas would not be appropriate.A request was also submitted to defer street and utility improvements to Montana Street since itis currently constructed without sidewalks, curbs, gutters, stormwater infrastructure or sewer main.These improvements arenot needed for the current plat and will be constructed in the future when the whole street isimprovedto Community Standards. The Planning Commission recommended that the request to deferthe street improvementson Montana be granted.Aftersome discussionthe Planning Commission recommended that the request to waive the extension of Davy Street be denied and instead the street improvements be deferred. Gilbert Alvarado,CommunityDevelopmentDirector,explained thedifferencebetweenawaiver and a deferral.He pointed out that the adjacentwetland isthe habitat ofthe Northern Leopard Frog, whichis a protected species and is now only found inMoses Lake inWashington State. I I Gary Harer,Municipal Services Director,mentioned that because of the wetlands,Davy Street ^^could only be extended the length of one lot,which could be served by Montana Street. JOSf //£(? 7117 CITY COUNCIL MINUTES January 11,2011 Action Taken:Mr.Deane moved that the waiverto the requirement to dedicate the right-of-way for Davy Street and the deferral for the requirement to improve Montana Street be approved, seconded by Mr.Pearce, and passed unanimously . OTHER ITEMS FOR COUNCIL CONSIDERATION //<?&'A BUILD ON UNPLATTED PROPERTY -DART Betty Dart requestedthe Council rescind the covenant for the installation ofimprovementsonTax #6807 in BOT 41 which was required in 1992 with the approval to buildon this unplatted property. Northing was ever constructed on the property andthere are no plansatthis time to build on the property. Joseph K.Gavinski,City Manager,stated thatthe request is unusualbut he mentionedthatifthe covenant isreleased, the citywouldincludethis pieceof propertyonthe reimbursement ordinance. The property would notbe exempt from paying for the improvementswhen they areconstructed. There was some discussion by the Council. Action Taken:Mr.Ecret moved that the request be granted,seconded by Mrs.Liebrecht, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS |H/3 MOSES LAKE IRRIGATION AND REHABILITATION -DREDGING GilbertAlvarado,Community Development Director,provided a copy of the staff report for the Moses Lake Irrigation and Rehabilitation District's proposed dredging of Parker Horn.The Planning Commission will consider this shoreline permit at its next meeting.He explained the process and different agencies involved in the granting of a permit forthis project. There was considerable discussion by the Council. AMBULANCE SERVICE MayorLane requested a study session for6 p.m. on January 25 to discuss the ambulance service. CITY MANAGER REPORTS AND COMMENTS /03O/j BUILDING ACTIVITY REPORT The December 2010 Building Activity Report was presented. JIS^/j GAMBLING REPORT The city received $76,381.22 in gambling tax income for the fourth quarter of 2010. O O o w CITY COUNCIL MINUTES INVESTMENT REPORT The city received $12,441.30 in investment income for December 2010. SALES TAX/TRANSIENT RENTAL INCOME 7118 January 11,2011 US The city received $394,167.42 in sales taxand $30,765.44 in transient rentalincome in December 2010. RETREAT Joseph K.Gavinski,City Manager,remindedthe Council thatthe Council/staff retreat isscheduled for February 25 and requested any concerns be submitted as soon as possible. '&•£, The regular meeting was adjourned at 8 p.m. JonU-afie,MayorATTEST Ronald R.Cone,Finance Director w w