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2006 12 266464 MOSES LAKE CITY COUNCIL ()December 26,2006 Council Present: Ron Covey,Richard Pearce,Brent Reese,Jim Liebrecht,Bill Ecret, Jon Lane, Dick Deane,and Brent Reese PLEDGE OF ALLEGIANCE: Mayor Covey led the Council in the pledge of allegiance. MINUTES:Mr.Reese moved that the minutes of the December 12,2006 meeting be approved, seconded by Mr.Lane,passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Reese,and passed unanimously. Vouchers audited and certified by the Finance Directoras required by RCW 42.24.080,and those expense reimbursement claims, certifiedas 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 December 26,2006 the Council does approve for payment claims in the amount of $917,740.19; prepaid claims in the amounts of $713,790.50 and $2,415,455.71;checks in the amount of $4,562,573.65;and payrollin the amount of $40,016.79. ^J ^J PRESENTATIONS AND AWARDS -None CONSENT AGENDA BluffWest Final Plat/Findings of Fact: Michael Bickler,representing Smart Homes,submitted a 33 lot final platlocated off of Westshore Driveand adjacent to the Cove West development.The site is zoned R-1,Single FamilyResidential, and the Comprehensive PlanLandUse DesignationisLow DensityResidential. The Planning Commission recommended thatthe final platbe approvedwith the stipulation that the comments of the Development Engineer be addressed,all fees and reimbursements to be paid priorto recording of the plat, and the developer shall comply with the mitigation measures in the MDNS.As no appeal was taken from this decision of the Planning Commission,the Council's approval of this decision incorporates and adopts the Findings, Conclusion and Decision of the Planning Commission. Leanne Terrace Final Major Plat/findinas of Fact:AHO Construction has submitted a 36 lot final plat on 9.16 acres. The majorplatislocatedapproximately 140'west ofthe intersection of Monroe and Jones Avenue.The final plat has been increased as a result of the conditions on the preliminary platthat allowed the inclusionof additional property . The site is zoned R-1,Single FamilyResidential, and the Comprehensive PlanLandUse Designation is LowDensity Residential whichcorresponds withthe existing zoning.The Planning Commission recommended thatthe final plat be approvedwith the stipulation thatthe comments ofthe DevelopmentEngineerand Planning Department be addressed and all fees and reimbursements areto be paid prior to recording ofthe plat.As no appeal was taken from this decision of the Planning Commission, the Council's approval of this decision incorporates and adopts the Findings,Conclusion and Decision of the Planning Commission. fj£(* j;jc> 6465 CITY COUNCIL MINUTES December 26, 2006 //e?&?Resolution -Accept Improvements -Bluff West Maior Plat:A resolution was presented which () accepts the street and utility improvements constructed as part of the Bluff West Major Plat. Ill0}Resolution -Accept Funds -Department of Justice:A resolution was presented which accepts $4,733.59 from the Department of Justice for the purchase of nine bulletproof vests for the Police Department. Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Ecret,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS I05?ORDINANCE -KUNZE FARMS -2nd READING/PUBLIC HEARING Kunze Farms requested the annexation of approximately 180 acres of property located north and south of I-90 and west of Fairway Drive. The ordinance annexing property commonly known as Kunze Farms to the City of Moses Lake, Washington,and incorporating the same withinthe corporate limitsofthe Cityof Moses Lake, and which provides for the assumption of existing indebtedness was read by titleonly. The public hearing was opened.There were no comments. Action Taken:Mr.Dean moved that the public hearing be closed,seconded by Mr.Liebrecht,and passed unanimously. Action Taken:Mr.Reese moved that the second reading ofthe ordinance be adopted,seconded by Mr.Lane,and passed unanimously. ORDINANCES AND RESOLUTIONS JQ/D ORDINANCE -AMEND 2006 BUDGET -2nd READING An ordinance was presented which amends the 2006 Budget The ordinance amending the 2006 budget for the City of Moses Lake,Washington was read bytitle only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. I08&ORDINANCE -STIPENDS FOR COUNCIL -2ND READING An ordinance was presented which increases the stipends for the Mayor,Deputy Mayor,and Council members. n n 6466 CITY COUNCIL MINUTES December 26, 2006 ^\^J The ordinance amending Chapter 2.60 of the Moses Lake Municipal Code entitled "Stipends for Mayor and City Council Members"was read by title only. Action Taken:Mr.Liebrecht movedthatthe second reading ofthe ordinance beadopted,seconded by Mr.Deane,and passed with Mr.Peace and Mr.Lane opposed. ORDINANCE -AMEND BUDGET -SINGLE READING An ordinance was presented which amends the 2006 budget. The ordinance amending the 2006 budget forthe City ofMoses Lake,Washington was read by title only. Action Taken:Mr.Pearce moved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Ecret,and passed unanimously. ORDINANCE -AMEND PLANNED DEVELOPMENT DISTRICT ZONE -1st READING /OS/ An ordinance was presented which amends the Planned Development DistrictZone to bringitinto compliance with the regulations of Title 20. The ordinance amending Chapter 18.67 of the Moses Lake Municipal Code entitled "Planned Development District Zone"was read by title only. t )Action Taken:Mr.Ecret moved that the firstreading ofthe ordinance be adopted,seconded by Mr. ^"""^Lane,and passed unanimously. RESOLUTION -INTER-FUND LOA^J \10/0-/4 A resolution was presented which provides foran inter-fund loan of $600,000 fromthe Sanitation Fund to the Equipment Rental Fund. The resolution authorizing an inter-fund loan to the Equipment Rental Fund 519 from the Sanitation Fund 490 was read by title only. Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Lane,and passed unanimously. RESOLUTION - ACCEPT DONATION - CENTRAL BASIN TRAFFIC SAFETY TASK FORCE /OYC A resolution was presented which accepts a donation of $3,000 from the Central Basin Traffic Safety Task Force. The funds will be used to purchase equipment to enhance traffic safety in Moses Lake. The resolution accepting a donation fromthe Central Basin Traffic Safety Task Forcewas read by title only. U Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Lane,and passed unanimously. /o/o 6467 CITY COUNCIL MINUTES December 26, 2006 ,0^^RESOLUTION -ACCEPT DONATION -S.L.DARLING FAMILY f) A resolution was presented which accepts $400 from the S. L. Darling Family.The funds will be used for emergency medical training. The resolution accepting a cash donation of $400 from the S. L. Darling Family was read by title only. Action Taken:Mr.Liebrecht moved that the resolution be adopted,seconded by Mr.Lane,and passed unanimously. /0/3 RESOLUTION -ABANDON EASEMENT -MOSES LAKE TRAVEL PLAZA A resolution was presented which abandons an easement located on Parcel 6 of the Moses Lake Travel Plaza Second Addition.Abandonment of the easement is needed to accommodate the construction of a new motel on the site. The resolution authorizing abandonment of an easement was read by title only. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS /OS<P ENGLE ANNEXATION Columbia Northwest Engineering,on behalf of Paul and Madonna Engle,submitted a Notice of Intent to annex approximately 44 acres of property located east of Highway 17 and north of the Lakeland development.The Planning Commission recommended that the Notice of Intent be accepted. Action Taken:Mr.Ecret moved that the Notice of Intent be accepted and staff be directed to draft the petition,seconded by Mr.Lane,and passed unanimously. n /OoP OTHER ITEMS FOR COUNCIL CONSIDERATION APPEAL -SITE PLAN REVIEW -CITY The Community Development Department received an appeal of the Planning Commission's decision to deny the Site Plan Review for the temporary portable building proposed by the City of Moses Lake. Gilbert Alvarado,Community Development Director,pointed out that the other parties of record were notified of this hearing. Mayor Covey stated that this is a closed record hearing and explainedthe process./"""N 6468 CITY COUNCIL MINUTES December 26, 2006 i )None of the Council members have afinancial interest in the matter and none of them have had any communication with anyone on this matter. No party of record objected to any Council member's participationin the closed record hearing. AllCouncil members indicated they could hear and consider the matter in a fair and objective manner. Mayor Covey stated that no new evidence may be introduced. Council members may ask questions ofthe partiesduringtheir arguments and may askquestions of staff afterthe close ofthe arguments.At the conclusion of the arguments and Council questions,the Council will take the matter under consideration.At the end of the meeting the Council will adjourn to an executive session to deliberate the matter. Mr.Alvarado stated that the project is consistent with the Comprehensive Plan and will not be detrimental to the downtown area.Some ofthe findings were subjective on the part ofthe Planning Commission.He felt that the Planning Commission was notin favor ofthe look ofthe building and took exception to the temporary status.He felt that the findings by the Planning Commission did not support the conclusions leading to the denial of the site plan. Joseph K.Gavinski,City Manager,representing the appellant City of Moses Lake, felt that the decision of the Planning Commission was in error. He pointed out that the intent of the site plan review is to ensure that development of a site will provide the features necessary to protect the health,safety,and general welfare of the citizens of the city.The testimony of Phil Bloom,Gene Bouma,and Douglas Gorden Jr.were opinions that were not supported by any factual testimony. The conclusions were reached in order to supporta decision regardless ofthe facts.The city's site plan meetsthe requirements.There is nothinginthe conclusions that are contraryto the facts. He I J stated that the conclusions that were drawn are not supported by any facts and that the city has ^~*^meet all the relevant statutory codes,it is compatible with the surrounding buildings and it is compatible withthe city's Comprehensive Planwhich usesthe words encourage,identifyand help, and should. The city is requesting that the Council reverse the decision of the Planning Commission and approve the site planand allow placement of the buildingon the site. There was some discussion by the Council. Mayor Covey stated thatthe Council will discuss the matterinan executive session atthe close of the regular session. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS RESOLUTION -GRANT COUNTY ALL HAZARD MITIGATION PLAN Joseph K.Gavinski, City Manager,stated that on July 25, 2006, the Council adopted the Grant County All Hazards Mitigation Plan as the Official Hazard Mitigation Plan for the city. This plan includes a buffer zone in the Wheeler Corridor which will restrict development within that buffer. Part ofthe property includedinthis buffer zone was intended to be includedinthe city's UGA for residential development.The mitigationplanadopted bythe Councilis notyet complete and isonly a strategy at this time. The concern is that there is going to be an effort to adopt rules or regulations restricting the developmentofthe landswithin the bufferarea. Staffrequested direction^J //3f 6469 CITY COUNCIL MINUTES December 26,2006 from the Council on whether or not to retain the previously adopted mitigation plan,request clarification of this issue,or rescind the previously adopted mitigation plan.Staff is unclear about what the mitigation plan means and what the intentions are with regard to the area inside the buffer zone.There seems to be a desire to restrict development inside the buffer zone and if so,there is no point in including the property in the city's UGA. There was some discussion by the Council. The resolution rescinding the adoption of the Grant County All Hazards Mitigation Plan as the official Hazards Mitigation Plan for the City of Moses Lake,Washington was read by title only. Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Ecret,and passed with Mr.Pearce opposed as he felt the city should first discuss the issue with the Grant County Office of Emergency Management. /Q/J LAKESHORE AND PENINSULA DRIVES Joseph K.Gavinski, City Manager,stated that the city was not successful in obtaining a grant from the Transportation Improvement Board for the Lakeshore/Peninsula Drive project.The city scored low because these streets are not arterials and do not carry a lot of traffic.The city will continue working on this project and will again submit grant applications. The regular meeting was recessed at 9 a.m.and the Council met in an executive session to discuss personnel matters and to deliberate regarding the appeal ofthe denial ofthesite plan review.The ^^^ executive session was adjourned at 9:45 p.m.and the regular meeting was reconvened. /03O APPEAL- SITE PLAN REVIEW -CITY There was some discussion by the Council. Action Taken:Mr.Pearce moved that the decision of the Planning Commission to deny the site plan for the temporary portable building proposed by the city to be located at the corner of Fourth Avenue and Balsam Street be reversed because the conclusions reached by the Planning Commission were not supported by the facts,seconded by Mr.Ecret,and passed unanimously. 109&CITY MANAGER SALARY REVIEW There was some discussion by the Council regarding an increase in salary for the City Manager. Action Taken:Mr.Reese moved that the City Manager be given the same 4.3%salary increase given most other city employees,seconded by Mr.Liebrecht,and passed unanimous] The regular meeting was adjourned at 10 p.m. ATTEST:Ronald C. Covey,Mafor