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2006 05 09o 6350 MOSES LAKE CITY COUNCIL May 9,2006 Council Present:RonCovey,Richard Pearce,Dick Deane,JonLane,Bill Ecret,BrentReese,and Jim Liebrecht PLEDGE OF ALLEGIANCE:Mayor Covey ledthe Council inthe Pledge of Allegiance. MINUTES:Mr.Deane moved that the minutes of the April 25, 2006 meeting be approved as submitted,seconded by Mr.Ecret, and passed unanimously. APPROVAL OF BILLS.CHECKS.AND PREPAID CLAIMS Action Taken:Mr.Pearce moved that the bills,checks,and prepaid claims issued be approved, seconded by Mr.Lane, and passed unanimously. Vouchers audited and certifiedbythe Finance Director as requiredby 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 available to the Council for approval and is retained for public inspection at city hall. Asof May 9,2006 the Council does approve for payment vouchersinthe amountof $930,759.97, and prepaid claims of $37,958.47 and $271,606.65. PROCLAMATION {^J The proclamation declaring May 20,2006 as Kids Day America was read in its entirety. The proclamation declaring May 15 -21,2006 as Get ActiveAmericainMoses Lakewas read in its entirety. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Resolution -Accept Deed -Melvin:Aresolution was presented which accepts astatutory warranty /O c/0 deed from Alta Maxine Melvin for propertyto be included inthe Heron Trail project. Resolution - Accept Donation:A resolution was presented which accepts $300 from Marty /OV6> Utsunomiya and Patricia Rose in memoryof Marlys Reiber.The funds are to be used for the purchase of a tree for the Japanese Gardens or Neppel Park. Resolution -Accept Grant -Quadco:A resolution was presented which accepts a $35,000 grant /&/& from Quadco to upgrade the GPS system. ActionTaken:Mr.Lanemoved thatthe Consent Agenda be approved,seconded by Mr.Liebrecht, and passed unanimously. COMMISSION APPOINTMENTS -None i^J CONSIDERATION OF BIDS -None //JA nyl 6351 CITY COUNCIL MINUTES May 9,2006 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS FAMILY TRI-FOR THE HEALTH OF IT The "Family Tri-For the Health of It"is scheduled for June 10 and 11,2006. A local group is organizing this event and itwill be a fund raiserfor Moses Lake Healthy Communities. One ofthe safety requirements is that certified life guards monitorthe swimming portion of this event. The request is for the Parks and Recreation Departmentto supply these life guards. Spencer Grigg,Parks and Recreation Director,stated that there would be no problemwiththe city supplying the life guards for this event. Deb Miller,representing the "FamilyTri-For the Healthof It"Committee stated that the swimming portion ofthe triathlon will beginat Blue Heron Parkand is less than 1/4of a mileswim. This area is fairly shallow except for a very short distance. There was some discussion by the Council. ActionTaken:Mr.Ecret moved that the request to use the Parks and Recreation Department life guards for this event be approved,seconded by Mr.Lane, and passed unanimously. /Q3Q WALGREENS -BUILDING PERMIT TIME EXTENSION Scott Grainger,representing Walgreens, stated that Burlington Northern Railroad owns a portion ofthe propertythat is critical to this development.Columbia Basin Railroad has been negotiating for the purchase of this property since 2003.He has been negotiating for the purchase of the property afteritsacquisition by Columbia Basin Railroad.However,Columbia Basin Railroad has yetto gain title tothe property.Becauseofthe difficulties ofworking with Burlington Northern,there is nowayto predict when the property transactions will take place.Redesigning the project has been suggested to Walgreens and rejected.Herequested an extension of the existing building permit for 12 to 24 months so thatwhen this property transaction is finally concluded,the project can begin within 45 days. Gilbert Alvarado,Community Development Director,stated thatstaff have approvedthe extension ofthe building permits as muchas they can. The site plan approvedbythe Planning Commission has a 2 year time limit.If nothing is done within that time frame the site plan is null and void. Because demolition has taken place on the property,the site plan approval is still ineffect. The code has been amended since this projectwas approved butstaff is notcomfortablewith granting an additional extension. Joseph K.Gavinski,City Manager,stated that the new regulations allow the Building Official to grant extensions of 180 days at a time ifgood cause is shown and ifthe Council feels that itis appropriate. There was considerable discussion by the Council. Action Taken:Mr.Ecret moved to recommend that the building permit approval be extended 180 days,seconded by Mr.Pearce. There was some additional discussion by the Council. n n n 6352 CITY COUNCIL MINUTES May 9,2006 ^-^The motion passed with Mr.Liebrecht opposed as he felt enough time has been allowed for this development. ORDINANCES AND RESOLUTIONS ORDINANCE -FIREWORKS -2ND READING An ordinance was presented which bans the sale and discharge offireworks within the city limits. The ordinance amending Chapter 8.04 oftheMoses Lake Municipal Code entitled "Fireworks"was read by title only. Jack Childress,2162 Beaumont,pointed outthat fireworks has been a problem for at least 10 years,itisa public safetyissue,and heis in favor ofthe ban. Jack Hughes,owner ofDiscount Fireworks,pointed out that the triathlon being held in Moses Lake is an event that requires extra fire,police,and staff from the city and the 4th ofJuly is also an event that may take extra staff from thecity.He mentioned that about 6,500 people bought fireworks from his three stands last year,sohe feels that people like fireworks.He stated that iftheban is passed, the issue will be placed on the ballot for a vote of the citizens. u Rich Archer,Sand Scorpions,statedthatheisopposedtothe fireworks banasthesaleof fireworks brings in a great deal of money tothe clubs.He felt that more people than not are in favor of fireworks. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Deane, and passed with Mr.Liebrecht opposed as he felt there should be a vote of the citizens of Moses Lake. ORDINANCE -PARKING REGULATIONS -1st READING An ordinance was presented which prohibits parkingon a portionof Dogwood Street except forthe loading and unloading of property or passengers. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"was read by title only. Gary G.Harer,Municipal Services Director,stated that the ordinance would prohibit parking on Dogwood between Third and Fourth during school hours. There was some discussion on the length of the street that needs to have parking prohibited. Action Taken:Mr.Lane moved that the first reading ofthe ordinance be adopted,seconded by Mr. Deane,and passed unanimously. ORDINANCE -SHORT AND MAJOR SUBDIVISIONS -1st READING ^/Of/Ordinances were presented which amend the short and major subdivision regulations relating to bonding to correspond to the recently amended Community Standards. //6 3 /oay 6353 CITY COUNCIL MINUTES May 9, 2006 The ordinance amending Chapter 17.13 of the Moses Lake Municipal Code entitled "Short Subdivisions"was read by title only. Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by Mr.Ecret,and passed unanimously. The ordinance amending Chapter 17.17 of the Moses Lake Municipal Code entitled "Major Subdivisions"was read by title only. Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by Mr.Ecret,and passed unanimously. /Oo/ORDINANCE -AMEND PERSONAL WIRELESS FACILITIES -1st READING An ordinance was presented which reducesthe requirementof a setback from residential structures and school zones to 100\ The ordinance amending Chapter 18.78 of the Moses Lake Municipal Code entitled "Personal Wireless Service Facilities"was read by title only. Gilbert Alvarado,Community Development Director,explained the proposed change. There was some discussion by the Council. Action Taken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr. Reese,and passed unanimously. /Q/(p RESOLUTION -ACCEPT DONATION -MOSES LAKE CLINIC A resolution was presented which accepts an $800 donation from the Moses Lake Clinic.The funds areto be used for the promotion and continuation of the Parks and Recreation Fun Run. The resolution accepting a cash donation of $800 from the Moses Lake Clinic for Parks and Recreation Fun Run was read by title only. Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. REQUEST TO CALL FOR BIDS ///O ICE RINK Staff requested authorization tocall for bids for the 2006 Ice Rink Project.This project will consist of constructing a full size hockey rink and a zamboni building that will be covered bya roofing system. There was some discussion on the proposed ice rink. Action Taken:Mr.Reese moved that staff be authorized to call for bids,seconded by Mr.Lane,and C^\ passed unanimously. o n 6354 CITY COUNCIL MINUTES May 9,2006 ^REFERRALS FROM COMMISSIONS ST.MARIE/FRIDAY ANNEXATION /0^^ The Notice of Intention to Commence Annexation Proceedings for property located north ofHighway17andwestofGrapeDrivewaspresented.The Planning Commission recommended that the property be annexed. Action Taken:Mr.Pearce moved thatthe Notice of Intent and the Petition for Annexation be accepted,seconded by Mr.Ecret,and passed unanimously. KJ OTHER ITEMS FOR COUNCIL CONSIDERATION FIREWORKS The contract with Western Display Fireworks was presented and ratification oftheCity Manager's signature was requested. Joseph K.Gavinski,City Manager,stated that the city had budgeted $10,000 for the fireworks in 2006. After discussion withseveral Council members,the amount was increased to $15,000 in order to provide a better show. Action Taken:Mr.Deane moved that the contract be accepted,seconded by Mr.Reese,and passed unanimously. CASCADE VALLEY ANNEXATION A Notice of Intentto Commence Annexation Proceedings in Cascade Valley was presented. Joseph K.Gavinski, City Manager,reminded the Council that a portion of this property was previously requested to be annexed and the annexation was denied by the Boundary Review Board.The denial is currently under appeal through the courts. There was some discussion by the Council. Action Taken:Mr.Reese moved that the Notice of Intent be receipted and the request be forwarded to the Planning Commission,seconded by Mr.Pearce,and passed unanimously. GUARDIAN INDUSTRIES -DEVELOPMENT AGREEMENT Guardian Industries has requested some additional changes to the Development Agreement pertaining to building permits issued by the county priorto annexation of the property to the city. Joseph K.Gavinski,City Manager,explained the proposed changes to the agreement. Terry Brewer, Grant County Economic Development Council,stated that the process is coming to an end and at some point the project will be inside the city's limits. K*J There was some discussion concerning the zoning process and it was pointed out that the city cannot pre-determine zoning ofthe property priorto a request for re-zoning. /oa<f> /O^xf* /OP<j- 6355 CITY COUNCIL MINUTES May9, 2006 Action Taken:Mr.Pearce moved that the proposed changes be approved,seconded by Mr. Deane,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None //V3 SHORELINE MASTER PLAN Mr.Ecret stated that the Moses Lake Irrigation and Rehabilitation District sent a letter requesting that nothing in the city's Shoreline Master Plan supercede,amend,or repeal any authority of the District as set forth in RCW 87.84 and 87.03.He felt that in essence the District is requesting that they be included in any decisions made regarding the shoreline. CITY MANAGER REPORTS AND COMMENTS j£O0 2006 BOND ISSUE Joseph K.Gavinski,City Manager,presented the Preliminary Official Statement for the 2006 Limited Tax General Obligation Bonds. LANDSCAPING ORDINANCE Joseph K.Gavinski,City Managerreportedthat staff is continuing to work on the changes to the landscaping ordinance. o r^ //<?7 ON-STREET PARKING Joseph K.Gavinski,City Manager,distributed an article from theSeattleTimesconcerning parking in the front yard.The article showsthattheyaredealing with thesametypesofconcerns as Moses Lake. /03OA BUILDING ACTIVITY REPORT The April 2006 Building Activity Reportwas presented. /0Q3 INVESTMENT REPORT The investment report showed thecity earned $76,422.87 in investment income in April 2006. //5^$T SALES TAX/TRANSIENT RENTAL INCOME Joseph K.Gavinski,City Manager,reported that the city received $289,544.53 in sales tax and $17,145.60 intransient rental income in April 2006. /030 MANUFACTURED HOUSING -SENATE BILL 6593 Gilbert Alvarado,Community Development Director,stated that the legislature adopted a bill whichwillrequirethecitytoallowmanufacturedhomesinanR-1 Zone.The city can no longer r ^ differentiate between a UBC homeand a HUD home.He mentioned thatthe city currently allows manufactured homes in the R-2 and R-3 zones. <y CITY COUNCIL MINUTES The regular meeting wasrecessedat 9:20 andthe Council met in an executiverealestatetransactions.The regular meeting was reconvene^!at 9:40^. Ronald C.Coveyjvteyc '/Cl onald R.Cone,Finance Director 6356 May 9,2006 ion to discuss