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2007 12 186640 MOSES LAKE CITY COUNCIL [)December 18,2007 Council Present:RonCovey,Bill Ecret,Dick Deane,Richard Pearce,Brent Reese,Jon Lane,and Jim Liebrecht PLEDGEOF ALLEGIANCE:MayorCovey led the Council inthe pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the December 11,2007 meeting be approved, seconded by Mr.Deane,and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Action Taken:Mr.Reese moved that the bills,checks,prepaid claims, and payroll issued be approved,seconded by Mr.Pearce, and passed unanimously. 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 available to the Council for approval and is retained for public inspection at city hall. As of December 18,2007 the Council does approve for payment claims in the amount of $398,142.39;checks in the amount of $1,121,792.35;and payrollin the amount of $49,600.79. ^J U PRESENTATIONS AND AWARDS CONSENT AGENDA Resolution -Accept Improvements -Glenmoor Reach 3 Maior Plat:A resolution was presented //£b which accepts the street and utility improvements for municipal use to serve Glenmoor Reach 3 Major Plat Crossroads Final Maior Platand Findings of Fact: Columbia Northwest Engineering, on behalf of j/£(p Hayden Homes,submitted a final plat for a 29 lotmajor plat. The proposed 25.99 acre major plat is located east of SR-17 and at the end of Lakeland Drive.The site is zoned R-1,Single Family Residential,and the Comprehensive Plan Land Use Designation is Low Density Residential which corresponds withthe existing zoning.This plat was originallystarted inthe county and was given preliminary platapproval by the county. The Planning Commission recommended that the final plat be approved with conditions. Energy Industrial ParkPreliminary Major Platand Findings of Fact:Vic Jansen submitted a60-acre //£Cp one-lot preliminaryplatinthe Heavy Industrial Zone.The site is located northofWheeler Road and east of Road N.The site is proposed to be furtherdivided administratively through the binding site plan process into 22 parcels,including a private street. No buildings or other development is proposed on the site atthis time. The applicant has also submitted a request to defer street and utility improvements to Road Nand Wheeler Road. The Planning Commission recommended that the preliminary platbe approved withconditions. As no appealwas taken from thisdecision ofthe Planning Commission,the Council's approvalofthisdecision incorporates and adopts the Findings, Conclusion and Decision of the Planning Commission.The Findings of Fact were also presented for approval. 6641 CITY COUNCIL MINUTES December 18,2007 ifi Pheasant Point #1 Short Plat -Deviations:Smart Homes applied for permits to subdivide 1.71 acres through the short plat process into 4 residential lots west ofthe Marina Shores Planned Unit Development at 1300 Marina Drive.Platting waivers to lot standards have been requested for the shape of Lot 1,to lot lines within 20%of perpendicularto the street,and to the requirementthat lots front on a public street.A deferral of the required landscaping has also been requested.The Planning Commission recommended that the waivers and deferrals be approved with conditions. ii ^(jp Alderbrook Estates Preliminary Maior Plat and Findings of Fact:Olin Development submitted an application for a 42 lot residential subdivision on 9.47 acres located on Lakeshore and Wapato Drives.The site is zoned R-1,Single Family Residential,and R-3,Multi-Family Residential.The Comprehensive Plan Land Use Designation is Low Density Residential and High Density Residential which corresponds with the each parcel's existing zoning.The Planning Commission recommended that the preliminary plat be approved with condition.As no appeal was taken from this decision of the Planning Commission,the Council's approval ofthis decision incorporates and adopts the Findings,Conclusion and Decision ofthe Planning Commission.The Findings of Fact were also presented for approval. jQQ^p Resolution -ICMA-RC Deferred Compensation -Appointment of Trustee:A resolution was presented which appoints Vantage Trust Company as the successor trustee for the city's deferred compensation plan with ICMA-RC. Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr. Ecret, and passed unanimously. COMMISSION APPOINTMENTS (f^) 1(93 COUNCIL APPOINTMENTS Dick Deane was re-appointed to serve on the board forthe GrantTransit Authority. Jon Lane was appointed to serve on the Grant County Board of Health. Richard Pearce was appointed to serve as liaision to the AirportAdvisory Commission. CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS /Oa/HEALY -ANIMAL CONTROL Brian Healy,1221 S. Jefferson requested time beforethe Council to discuss keeping of morethan three animals at his residence. Gilbert Alvarado,Community Development Director,stated that the residents have more thanthree household pets and have been given a Notice to Correct within 30 days.He mentioned that they have 30 cats. Mr.Healy stated that they have 29 cats. Most of them were either strays or given to them.They have had many ofthe cats for years and all ofthem have been fixed and have had their shots.He {T*\ requested that they be allowed to keep the cats until they die of natural causes or have to be put ' down.Most of the cats are over 10 years old. rn u 6642 CITY COUNCIL MINUTES December 18,2007 There was some discussion by the Council. Action Taken:Mr.Pearce moved that Mr.Healy be given until January 17 to remove all but 3 of the cats from his residence,seconded by Mr.Lane, and passed withy Mr.Reese abstaining as he felt more than 30 days should be granted to reduce the number of cats. NUISANCE-ADAME The owner of Lot37,Westlake Tracts 2nd Addition,4013 Windy,was sent a Notice of Violation and Orderto Correct orCease Activity. No appeal wastaken fromthat notice and the violation was not corrected,so a hearing before the Council was scheduled. GregNavarez,Code EnforcementOfficer was sworninandgavetestimony regarding the nuisance violation. There was some discussion by the Council. Mr.Whitaker stated that based on the photographs and the testimony that the inoperable vehicles and other items remain.The time to correct has passed.The Council is requested to adopt the resolution finding that Mr.Adame is the owner of the property based on the testimony of Mr. Navarez; that Mr.Adame was served with a notice of violation; that a hearing has been held at which Mr.Adame had anopportunitytoappear butdid not;andauthorizethe CityManagertoclean up the property. The resolution determiningthat David Adame isthe contractowner of certain real propertywithin t j the city;that a nuisance requiring abatement by city forces or forces contracted by the city exists ^•^on such property;and directing the use of such forces to abate the nuisance found was read by title only. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Liebrecht,and passed unanimously. NUISANCE -WIDDIS The ownerofTax #1615 in Battery Orchard Tract17,1514 Peninsula Drive,,was sent a Notice of Violation and Orderto Corrector Cease Activity.No appeal was taken from that notice and the violation was not corrected,so a hearing before the Council was scheduled. Greg Navarez,Code EnforcementOfficer was swornin andgavetestimony regarding the nuisance violation. There was some discussion by the Council. Mr.Whitaker stated that based on the photographs and the testimony an inoperable vehicle and debrisis still onthe property.The timeto correct has passed. The Council is requested to adopt the resolution finding that Mr.Adame isthe ownerofthe property based on the testimonyof Mr. Navarez; that Mr.Adame was served with a notice of violation;that a hearing has been held at which Mr.Adame hadanopportunitytoappearbutdidnot;andauthorizethe CityManagertoclean up the property. o )/?7 /t?7 lib' /V5 6643 CITY COUNCIL MINUTES December 18,2007 The resolution determining that Jason Widdis is the contract owner of certain real property within the city;that a nuisance requiring abatement by city forces or forces contracted by the city exists on such property;and directing the useof such forces to abate the nuisance found was read by title only. Action Taken:Mr.Pearce moved thatthe resolution be amended to includethe existing debris piles and be adopted,seconded by Mr.Reese,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 12.40 -STREET CONSTRUCTION OR IMPROVEMENT REIMBURSEMENT CHARGES - 2nd READING An ordinance was presented which establishes the street reimbursement charges for the construction of the right hand turn lane at Grape Drive and Highway 17. The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Construction or Improvements Reimbursement Charges was read by title only. Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. /0/O ORDINANCE - AMEND 2007 BUDGET - 2nd READING An ordinance was presented which amends the 2007 budget.(jj The ordinance amending the 2007 budget for the City of Moses Lake,Washington,was read by title only. Action Taken:Mr.Reese moved that the second reading ofthe ordinance be adopted,seconded by Mr.Peace,and passed unanimously. IO/6 ORDINANCE -AMEND BUDGET -SINGLE READING An ordinance was presented which amends the 2007 budget. The ordinance amending the 2007 budget for the City of Moses Lake,Washington,was read bytitle only. Action Taken:Mr.Reese moved that an emergency be declared and the ordinance be adopted on a single reading,seconded by Mr.Lane,and passed unanimously. ORDINANCE -AMEND 18.23 -MULTI-FAMILY HOUSING TAX EXEMPTION - 2nd READING An ordinance was presented which amends Chapter 18.23,Multi-Family Housing Tax Exemption, by increasing the number of years the tax exemption is allowed. The ordinance amending Chapter 18.23 of the Moses Lake Municipal Code entitled "Multi-family Housing Tax Exemption"was read by title only. n O v-y w CITY COUNCIL MINUTES 6644 December 18,2007 Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht, and passed unanimously. RESOLUTION -PERFORMIX NUTRITION SYSTEMS -BUILD ON UNPLATTED PROPERTY j^./j A resolution was presented which allows PerforMix Nutrition Systems toconstructa 30'x 40'steel sided pole building tostoredry ingredients at 3146 Road NNE,Tax #12429 in a heavy industrial zone. The resolution requires that the property be platted within one year and a covenant be required for installation of infrastructure inthe future. The resolution allowing PerforMix Nutrition Systemsto build on unplatted properytwas read by title only. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Ecret, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION -None NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS OATH OF OFFICE Ronald R.Cone,Finance Director,administered the Oath of Office to the newly elected Council members,Dick Deane,Jon Lane,and Richard Pearce. The regular meeting was recessed at 8:15 p.m.and the Council met in an executive session to discuss real estate issues and litigation.The executive session was adjdurned at 9:30 p.m.and the regular meeting was reconvened.The regulax-meeting^was adjourned aJ/TO p.m. ATTEST:Ronald C.Covey,Ma^Z^r Ronald R.Cone,Finance Director 0Oc,