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2012 06 12^J ^J u 7284 MOSES LAKE CITY COUNCIL June 12,2012 Council Present:Bill Ecret, DickDeane, Karen Liebrecht, DavidCurnel, Brent Reese,and Jon Lane Absent: Jason Aviia The meeting was called to order at 7 p.m. by Mayor Ecret. PLEDGE OF ALLEGIANCE: Mayor Ecret led the Council in the pledge of allegiance. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Minutes:The minutes of the May 22 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 RCW42.24.090, have been recorded on a listing which has been made availableto the Councilforapproval and is retained for public inspectionat the Civic Center. As of June 12,2012 the Council does approve for paymentclaimsinthe amount $759,811.63;prepaid claimsinthe amounts of $16,948.41,$20,213/82.and $9,277.12; claim checks in the amount of $1,227,744.59; and payroll in the amounts of $345,496.75,$4,195.82,and $386,138.71. Accept Work -Blue Heron Sewer Crossing Proiect:Hurst Construction has completed work on the 2010 Blue //6>& Heron Sewer Crossing Project.The project included installation of a new 12" sewer force main and replacement of the existing 10"gravity main in the existing 36"casing under I-90.The work should be accepted and the 60 day lien period entered into. Accept Work -Cascade and Blue Heron Parks Restroom Proiect:Central Washington Excavation has completedworkonthe 2011 Cascade andBlueHeron ParksProject.The workconsistedofdemolishing two existing restrooms,relocating the utility lines and conduits,and preparing a gravel pad for the placement of two prefabricated concrete restrooms.The work should be accepted andthe60daylien period entered into. Resolution -Accept Easement -Castle Farms Enterprises:Aresolution was presented which accepts an ID'3 access easement from Castle Farms Enterprises,Inc.to access any existing or future on-site water and electronic reading devices and/or sanitary sewer meters and electronic reading devices located at the Blackstone OTR facility on Randolph Road. Resolution -Accept Easement -National Frozen Foods:A resolution was presented which accepts an JO/3 easement to access existing or future on-sitewater meters and electronic reading devices and/or sanitary sewer meters at 14406 Road 3 NE. ActionTaken:Dr.Curnel moved thatthe ConsentAgenda be approved,seconded by Mr.Deane, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES WATER METERS The City received one bid for the procurement ofwatermeters.This project includes purchasing 715 meters ranging in size from 3/4"to 4",490 electronic read transmitters for meters ranging in size from 3/4"to 2",and miscellaneous repair parts. ActionTaken:Mr.Reese moved that the bidbe awardedto BadgerMeters,Inc.inthe amount of $250,570, seconded by Mr.Lane, and passed unanimously. /IUpOp 7285 CITY COUNCIL MINUTES June 12, 2012 JJ/7 LONG LINE STRIPER The City received two bids for the long line striper which will replace the existing 1979 striper. Gary Harer,Municipal Services Director,stated that both bids were incomplete and recommended that they be rejected. Action Taken:Dr.Curnel moved thatthe bids be rejected as non-responsive and staffbe authorized to rebid the equipment,seconded by Mr.Deane,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS //5V?STREET CLOSURE -WASHBURN Tina Washburn,Wallace Street,requested the closure of Wallace Street between Sharon Avenue and Turnagin Place in order to hold a Block Party on Saturday,June 30,2012 from 1 to 6 p.m. James Porter,1645 Wallace,explained their request and mentioned that the neighbors have been notified of the party and no objections were received. Christina Washburn stated that information will also be provided on the city's Block Watch Program. Tom Taylor, FireChief,requested that no chairs or barbeques be located on the street incasethere is a need for emergency vehicle access.Having them in the parking strips or sidewalks would be acceptable. Action Taken:Mrs.Liebrecht moved thatthe request be granted with the stipulation that staffs concerns are addressed, seconded by Dr.Curnel,and passed unanimously.S~\ ////SALES ON CITY PROPERTY -VOIGT Stephanie Voigt,Cornfusion Gourmet Popcorn,requested permission to sell gourmet popcorn produces at SinkiuseSquare duringtheCrossroads Pregnancy ResourceCenter's Bluegrass/Gospel Festivalon Saturday, June 30. Ms. Voight stated that she has been asked by Crossroads to provide popcorn at this event.She mentioned that a portion of her profits willbe contributed to Crossroads. There was some discussion by the Council and it was mentioned that the City usually requires 15%of the profitfrom the vendors.If Ms.Voigt agrees to donate 15%of her profits to Crossroads,the City would waive its requirement to receive 15%of the profits. Action Taken:Mr.Deane moved thatthe requestto sell popcorn at Sinkiuse Square on June 30 be granted with the stipulation that insurance is provided and that 15% of the profits be donated to Crossroads in lieu of paying the City 15% of the profits,seconded by Mrs. Liebrecht, and passed unanimously. ORDINANCES AND RESOLUTIONS 119k 'A RESOLUTION -BUILD ON UNPLATTED PROPERTY -DAY WIRELESS A resolution was presented which would allow Day Wireless to construct a 3,600 square foot commercial building on unplatted property located at 417 E.Broadway. Theresolution allowing Day Wireless Systems tobuild on unplatted property owned byAThousand Hills,LLC ^^^ was read bytitle only.(^ Gilbert Alvarado,Community Development Director,stated that Day Wireless has indicated they will be plattingthe property in the near future. n u 7286 CITY COUNCIL MINUTES June 12,2012 Larry Angell,Columbia Northwest Engineering,representing DayWireless, explainedthat with the approval ofthe requestto build on unplattedproperty the sale ofthe propertywill move forward andthe platting process can begin. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Lane, and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -CROP PRODUCTION SERVICES y/j^.^J A resolution was presentedwhich would allow Crop Production Services to constructa 2,130 square foot addition to their fertilizerstorage building on unplatted property at 2624 Road N. The resolution allowing CropProduction Servicesto build on unplatted property ownedbyTri River Chemical Co. Inc.was read by title only. GilbertAlvarado,Community Development Director,explained that the additionto the fertilizer storage was permitted byGrant County butdoes notmeet building code requirements.Staffhasdiscussedthe resolution ofthis problem for several monthsanddetermined that,rather than require the building tobe demolished,a building permit will be issuedwith the stipulation thatnofurther additions canbeaddedtothe building unless the building isbrought upto current code.He mentioned that a plat is required tohaveaccessto dedicated right-of-way and this property does not.For that reason the requirement to plat was not included in the resolution. There was some discussion by the Council. Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Reese,and passed I)unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION APPEAL -GRANT COUNTY SKILL CENTER The Community Development Department received an appeal with regard tothe Planning Commission's decision to approve the Grant County Skill Center.The appeal was filed by Ken Johnson within the appeal period specified under MLMC20.11,entitled Appeals. Sincetheappellant wasnotin attendance there was discussion onwhether ornot tocontinue with theappeal process.Representatives from theSchool District werein attendance andrequested that the appeal process move forward. Action Taken:Mr.Reese moved that the appeal process proceed,seconded by Dr.Curnel. Mark Johnson, Executive Director for Business and Finance for the School District,stated thatthey would prefer the appeal process to proceed becauseofthetime lines related tothe construction ofthe skill center. Brent Harding,NAC Architecture,stated thatthe funding for thebusgarage hasbeenavailable for sometime and the funding forthe skill center has recently been approved. Gilbert Alvarado,Community Development Director,statedthatthecomplete record hasbeen provided tothe \^J Council and all parties of record have been notified. The motion passed unanimously. Mr.Harding pointed outthat theskills center will be about 700'from the residential area rather than the200' mentioned by the appellant. /Dtsa 7287 CITY COUNCIL MINUTES June 12, 2012 Daniel Leavitt,Assistant Planner, provided a site plan of the area showing the Grant County Skills Centerand the residential area.The 200'mentioned by the appellant was from the residential property line on Perch Avenue to the firstdriveway to the east on Yonezawa Boulevard.The property is currently zoned Publicand schools are a permitted use.The adjacentYonezawa Boulevard is designed to handle the traffic and there will be no lowering of the level of service. Katherine Kenison,City Attorney,mentionedthat the only written records introduced by the appellant consists of an April27 letter which was his original notice of appeal followed by an updated addendum on May 10, 2012.The Determination ofNon-Significance on the Environmental Reviewwas issued in January 2012 and therewas no appeal taken on the environmentally related issues such as the traffic impacts,noise,light,and glare.The site plan proposed by the School Districtis consistent with the City's Comprehensive Plan and there isadequate publicinfrastructure to servethe site.Theappeal cited issues of increased trafficwhich was reviewed by theCityand the traffic impacts were adequately addressed.The site plan meets the intent of the Moses Lake MunicipalCode and serves the interest of the public health,safety,and welfare.The Planning Commission considered the testimony ofthe public concerning the impacts but no factual information was provided to support their testimony. Ms.Kenison outlined the factors the Council needs to consider in making its decision on the appeal. There was some discussion on the appeal by the Council. Action Taken:Mr.Reese moved that the decision of the Planning Commission be affirmed,seconded by Mr. Lane, and passed unanimously. ]j£6>DEFERRAL/DEVIATION REQUEST -LOPEZ Benito Lopez requested a deferral and a deviation of the subdivision requirements associated with the (~\ proposed construction of a building at 611 Penn Street, Lot3, Commercial Plat.The existing infrastructure improvements do not meetcurrentcommunity standards as both Penn Street and Block Street aregraveland there are no curbs, gutters, or sidewalks.The request is to defer the street improvements at this time. GilbertAlvarado,Community Development Director,stated that the parcel has been platted for many years but does not meet current city codes.If the request is granted,a covenant would be required for the improvements in the future. Action Taken:Mr.Lane moved that the request be granted with the stipulation that a covenant be provided for future improvements,seconded by Mr.Reese,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS H(f(f REQUEST FOR CITY SERVICES -HOUSING AUTHORITY The Housing Authority of Grant County requested permission to connect Lot 1,Replat of Lot 426, Larson Subdivision,to city sewerwithout annexing the property.While the property iswithinone halfmile of the City's limits, itwould be impractical to annex the property since the portion of Arlington Drive adjacent to the lot would have to be annexed and itwould be very difficult for the City to maintain this short section of street. Gary Harer, Municipal Services Director,stated that there is sufficient capacity in the sewer system. Action Taken:Mrs.Liebrecht moved that it be found to be impractical to annex the property into the City and that the request forCity services be granted with the stipulation that an Extra Territorial Utility Agreement be required,seconded by Mr.Reese,and passed unanimously. COUNCIL QUESTIONS AND COMMENTS -None (^) n 7288 CITY COUNCIL MINUTES June 12, 2012 CITY MANAGER REPORTS AND COMMENTS AWARD -LARSON WASTEWATER TREATMENT PLANT The Department of Ecology has announced that the Moses Lake Larson Wastewater Treatment Plant is receiving the 2011 "Wastewater Treatment Plant Outstanding Performance"award. BUILDING ACTIVITY REPORT The May 2012 Building Activity Report was provided. SALES TAX/TRANSIENT RENTAL INCOME The City received $405,657.25 in sales tax and $25,787.06 in transient rental income in May 2012. DONATION -MUSEUM AND ART CENTER Joseph K.Gavinski, City Manager,stated that Dr.Robert Ruby created a $50,000 endowment for the maintenance of the permanent art collection of the Moses Lake Museum and Art Center.The Citywill receive income from this endowment on an annual basis to assist in the maintenance of the Museum's artifact collection. The regular meeting was recessed at 8:45 p.m. and the Council met ina 30 minute executive session with the CityAttorney to discuss potential litigation.The executive session was adjourned at 9:15 p.m. and the regular meeting was reconvened. COLVILLE TRIBES -TRUST PETITION Joseph K.Gavinski, City manager,advised the Council that the U.S. Dept. of the Interior, Bureau of Indian Affairsdecided to approve the Colville Tribes'request for the U.S. to accept the Tribe's property located on Wanapum Drive into trust. Action Taken:Mr.Reese moved that the City appeal the decision,seconded by Mrs. Liebrecht,and passed unanimously. EASEMENT-FISHER Joseph K.Gavinski, CityManager,advised the CityCouncilthat Joe Fisher requested an easement fromthe City adjacent to his property on Wheeler Road. Action Taken:Dr.Curnel moved that the request be denied,seconded by Mr.Reese,and passed unanimously. The regular meeting was adjourned at 9:30 p.m. W.Ro JOV6? -?rC '0/3