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2008 08 26u o ^J 6751 MOSES LAKE CITY COUNCIL August 26,2008 Council Present: Ron Covey,Richard Pearce,Bill Ecret, Brent Reese,Jon Lane, Dick Deane,and Jim Liebrecht PLEDGE OF ALLEGIANCE:Mayor Covey led the Council in the pledge of allegiance. MINUTES:Mr.Ecret moved that the minutes of the August 12,2008 meeting be approved, seconded by Mr.Liebrecht,and passed unanimously. APPROVAL OF CLAIMS.PREPAID CLAIMS.CHECKS.AND PAYROLL Vouchers audited and certified by the Finance Directoras 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 which has been made available to the Council for approval and is retained for public inspection at city hall. AsofAugust26,2008 the Council does approve for payment claims in theamountof $554,875.84; prepaid claimsinthe amounts of $1,282.59, $852,433.67,$510,038.96,and $16,847.90;claim checks in the amount of $3,865,111.48;and payroll inthe amount of $75,199.30. Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Reese,and passed unanimously. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Thieme Annexation:Roger Thieme and Harvey Ottmar submitted a Notice of Intent to Annex /os<f approximately 5.6acresof property located southofWheeler Road andwest of Road L. Ordinance -Amend Ordinance 2356 -Adiust Corporate Boundaries -Single Reading:An IO^J ordinance was presented which corrects grammatical and typographical errors in the legal description of the ordinance adjusting the corporate boundaries. Resolution -Accept Improvements -Crossroads Phase 1 Major Plat: A resolution was presented which acceptsstreetandutility improvements constructed as part oftheCrossroads Phase1Major Plat. Resolution -Accept Improvements -Crossroads Phase 2 Maior Plat: A resolution was presented which acceptsstreetandutility improvements constructed as part ofthe Crossroads Phase2 Major Plat. Resolution -Accept Improvements -Pelican Wav 2 Maior Plat: A resolution was presented which acceptsstreet and utility improvements constructed as part ofthe Pelican Way 2 Major Plat. Resolution -Set Public Hearing - Alley Vacation: A resolution was presented which sets a public hearing for the vacation of the alleyadjacentto Lot 11,Parkhill-Scea Addition. ActionTaken:Mr.Pearce moved thatan emergency be declared for the ordinanceamending the corporate boundaries,that it be adopted on a single reading and that the Consent Agenda be approved,seconded by Mr.Ecret,and passed unanimously. //C-'-yf '/aJ :*J> /or 7 6752 CITY COUNCIL MINUTES August 26,2008 COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS /0$~f ORDINANCE -CARROLL ANNEXATION -2nd READING/PUBLIC HEARING An ordinance was presented which provides for the annexation of approximately 20 acres of property ownedby Patrick Carroll located southofthe proposed Lakes Manufactured Home Park at the end of Hamilton Road. The ordinance annexing property commonly known as the Pat Carroll annexationto 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,explained the annexation request. He mentioned that the property will have a split zone with the north halfof the property zoned R-3, Multi-family Residential,andthe south halfof the property zoned R-1,Single Family Residential. There was some discussion on the proposed zoning of the property. The public hearing was opened. Action Taken:Mr.Deane movedthatthe public hearing be closed,seconded by Mr.Lane,and \) passed unanimously. Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht, and passed unanimously. /Q23 DOGS-TEMPLE Rebecca Temple,requested that she be allowed to keep four dogs as she feels they provide comfort to her and her family.She pointed out that there is nodefinitionof disabled orcomfort dog inthe Municipal Code and she stated that she does have a disability and to remove the dogs would be of great detriment to her. Action Taken:Mr.Pearce moved that the request be denied,seconded by Mr.Deane, and passed unanimously. JOYS'SIDEWALK - CITY PARTICIPATION Mike Hamilton,owner of the old Lucky Break building on Ash Street,requested the city adjust the sidewalk on Ash Street as it was constructed about 3"below the grade of the building.This 3" difference creates a problem in remodeling the doorway and the exterior face lift of the building. Gerry McFaul,City Engineer,stated that the sidewalk is not below grade. He pointed out that the sidewalks have been in the same location for up to 16 years.He mentioned that the city has been ^^^maintaining the pavers at the grade they were installed.He did not feel the city is responsible for (f ^ changing the sidewalk so that the building can meet ADA requirements. o 6753 CITY COUNCIL MINUTES August26,2008 [)Joseph K.Gavinski,City Manager,stated thatthe building was probably originally constructed 3" higher thanthe sidewalk because atthe timeofthe construction ADA was nota consideration. There was considerable discussion by the Council. Mr.Hamilton stated that he wouldlikethe cityto participate inbringing the sidewalk intocompliance with the ADA requirements sothatthe building would notneedtobe retrofitted.He alsorequested the city's participation in fixing the area ofthe sidewalk onAshStreetwhere an additional door will be added to the building. There was considerable discussion by the Council. Action Taken:Mr.Reese moved that staff work with Mr.Hamilton on raising the pavers in the areas of the two doorways for this building and thatthe citypaythe cost to upgradethe doorway on Ash Street and Mr.Hamilton paythe cost forthe additional doorwayon Ash Street,seconded by Mr.Liebrecht,and passed with Mr.Deane opposed as he felt that it is not the responsibility of the city. THIRD STREET CLOSURE -ALL THATS LEATHER Keith Townsend,All Thats Leather,requested the closure of Ash Street between Broadway and Third for the grand opening of the business on August 30, 2008. ^Mr.Townsend stated that he has contacted the businesses inthe area and only one objected to [J the closure of the street.He submitted a letter with signatures of those businesses who had no objection. Richard Engleman,President of MLBA,stated that theyare interested in having new businesses come to town andthe MLBA suggested thatthe streetbe closed for safety reasons during this grand opening.He felt that any event that will draw people tothe downtown isa plus. Action Taken:Mr.Liebrecht moved that the request be granted,seconded by Mr.Lane, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 12.40 - STREET CONSTRUCTION OR IMPROVEMENT /J& REIMBURSEMENT CHARGES -2ND READING Anordinance was presented which establishes the reimbursement charges for the improvements at Ninth Avenue and Garden Drive. The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Construction or Improvement Reimbursement Charges"was read by title only. u Action Taken:Mr.Ecret moved thatthe second reading ofthe ordinance be adopted,seconded by Mr.Pearce, and passed unanimously. /jy^ 6754 CITY COUNCIL MINUTES August26,2008 108^ORDINANCE -AMEND 2.46 -TOURISM COMMISSION -2nd READING An ordinance was presented which amends the Tourism Commission to allowa person who manages a business within the cityto be appointed to the Tourism Commission. The ordinance amending Chapter 2.46 of the Moses Lake Municipal Code entitled "Tourism Commission"was read by title only. There was some discussion concerning the make up of the Commission. Action Taken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht, and passed unanimously. jQ^j ORDINANCE -AMEND 10.12 -PARKING REGULATIONS -1st READING An ordinance was presented which relocates the Grant Transit Authority transfer center from Fourth Avenue to Third Avenue. The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking Regulations"was read by title only. Joseph K.Gavinski,City Manager,statedthatthereissome concern on staffs part aboutchanging the transfer center to Third Avenue because of the proximity of Frontier Middle School and the amount of traffic on Third Avenue. Garry McFaul,City Engineer,statedthataconcernofthe Parks and Recreation Department isthat people park in the aquaticcenter parking lotanduse the bus,whichreducesthe numberof parking spaces available for the aquatic center patrons. Mr.Deanewas concerned that the GTA buses would blockthe view ofAhlers Park and that parking is at a premium in the area because of the middle school. GregWright,Transit Manager,stated thatthe shelteratthe aquaticcentertakes upthree parking spaces and the bus zone takes up another five spaces.In an effortto free up those spaces atthe aquatic center, GTA looked foranother location for the transfer center. The Third Avenue and Dogwood Street intersection meets all the needs.He mentioned that the location of the transfer station is actually on Dogwood Street rather than Third Avenue. There was some discussion by the Council and itwas determined to discuss itat the next Council meeting. /OY(p RESOLUTION -ACCEPT DONATION -BUDU RACING A resolution was presented which accepts a donation of $3,000 from Budu Racing.The funds are to be used for the Trails and Paths Program. The resolution accepting a cash donation of $3,000 from Rory and Deanna Muller of Budu Racing was read by title only. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Lane,and passed unanimously. O o o 6755 CITY COUNCIL MINUTES August26,2008 I j RESOLUTION -ACCEPT DONATION -JAPAN AIR LINES A resolution was presented which accepts a donation of a statue inthe form of a hawk valued at $30,000.The statuewas erected on Yonezawa Boulevard nearits intersection with Division Street. The statue was donated byJapan AirLines,JALPak,Inc.,JALTours,Inc.,JALUX,and Yonezawa Press/Yukio Seino. The resolution accepting the donation of a statue of a hawk valued at $30,000 was read by title only. Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Lane, and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY-MAIERS INDUSTRIAL PARK.INC.//;^•/) A resolution was presented which requested permission for Maiers Industrial Park,Inc.toconstruct an office and storage area for North Central Construction on unplatted property located at 13184 Wheeler Road. The resolution allowing Maiers Industrial Park,Inc.to build on unplatted property was read bytitle only. Gilbert Alvarado,Community Development Director,described the location and the proposed project.He pointed out that the resolution requires that the property be platted within one year. 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 NUISANCE ABATEMENT The Council previously directed city staff to abate nuisances on three separate properties.The Council should set atimeanddatetohearthe reports onthe abatementofthe nuisancesandany objections thereto.Atthat time the Council may order that the charges incurred by the city for abating the nuisances bemade a personal obligation ofthe property owner or assesssuch charges against the propertyinvolved. Action Taken:Mr.Lane moved that September 9 be set as the date to hear the nuisance abatement reports,seconded by Mr.Reese, and passed unanimously. PARKS AND RECREATION -COMPREHENSIVE PLAN UPDATE Authorization wasrequested forthe City Managerto sign theagreement with AjO Consulting/Arvilla I J Ohlde for the update to the Parks and Recreation Comprehensive Plan. <J //?? 1019 6756 CITY COUNCIL MINUTES August 26,2008 Joseph K.Gavinski,City Manager,statedthatitisa requirement to periodically updatethe Parks and Recreation Comprehensive Plan.The update will be started in 2008and completed in2009. Action Taken:Mr.Lane moved that the City Manager be authorized to sign the agreement, seconded by Mr.Liebrecht, and passed unanimously. 11 (pip REQUEST FOR CITYWATER/SEWER Columbia Northwest Engineering requested permission to connect the Peterson Short PlatNo.5 tothe city'swaterand sewer mains. The plat islocatedatthe intersection of RandolphRoad and Road 7. Larry Angell,representing Columbia Northwest Engineering,stated that the developer will be responsible forthe infrastructureto connect the site to the city's utilities. Action Taken:Mr.Deane moved that the request be granted with the stipulation that an Extra Territorial Utility Agreement be required,seconded by Mr.Pearce, and passed unanimously. Hialp REQUEST FOR CITY WATER -PORT OF MOSES LAKE The Port of Moses Lake requested permission to connect property located at 22nd Avenue and Chanute Street to the city's utilities. Action Taken:Mr.Pearce moved that the request be granted with the stipulation that an Extra ^. Territorial Utility Agreementbe required,seconded by Mr.Ecret,and passed unanimously.(]) O q5<*SKILLSOURCE SITE PLAN APPEAL -FINDINGS OF FACT The Findings of Fact,Conclusions, and Decision on the appeal by SkillSource of the Planning Commission's decision to deny their request to alter their approved site plan in order to place a used modular building on the site rather than construct a stick-built building as shown on the approved site plan. Joseph K.Gavinski, City Manager,stated that the Findings of Fact have been drafted as well as a letter to SkillSource outlining the Council's concern about the placement of a modular building at their site on Fifth Avenue. Action Taken:Mr.Lane moved that the Findings of Fact,Conclusions,and Decision be adopted, seconded by Mr.Reese. Mayor Covey stated that even though the majorityof the Council would liketo support the decision of the Planning Commission,according to state law, that is not a viable option. The motion passed with Mr.Lane,Mr.Deane,Mr.Reese,and Mayor Covey in favor and Mr. Pearce,Mr.Ecret,and Mr.Liebrecht opposed. The letter to SkillSource was read in its entirety. Mr.Deane stated that the only reason the building was allowed is because oflegal requirements (]) and not the architectural or aesthetic quality of the building. 6757 CITY COUNCIL MINUTES August 26, 2008 IJ There was some discussion andthe Council was not in favor of the placement of the modular building at the site but itwas the consensus that the drafted letter was appropriate.It was pointed out that the city also received letters from neighbors who were opposed to the placement of the modular unit at the SkillSource site. There was some discussion by the Council and staff was requested to research architectural standards for the community. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS GRANT COUNTY ASSETS AND OPPORTUNITIES Mayor Covey stated that he had been contactedbyJohn Hite concerning anotherbookaboutthe Columbia Basin but he is requesting payment in advance if the city wishes to participate.He pointed out that the citycannot legally pay for anything inadvance. He mentioned that the city participated in this project in 2006.- There was some discussion by the Council on whether or notto participate inthis new book. Action Taken:Mr.Pearce moved that the Mayornegotiate with Mr.Hiteconcerning his proposed book fora cost not to exceed $3,000,seconded by Mr.Liebrecht, and passed unanimously. [^_J CITY MANAGER REPORTS AND COMMENTS GAMBLING TAXES -PORTERHOUSE RESTAURANT Joseph K.Gavinski,City Manger,statedthatthe Porterhouse Restaurant owes the city pastdue gambling taxes.Theyhavewithdrawn the petition for bankruptcy and the city has requested that the unpaid taxes be paid.The city has provided them with the total amount owning,including penalties.They have proposed paying $2,100 per month for five years.This will only cover the actual taxes due and does not take into account the penalties imposed,nor the accrued interest. Mayor Covey statedthat he is not in favor ofthe proposal from the Porterhouse. Mr.Liebrecht feltthat the taxes,penalties, and interest should be paidat this time. Larry Larson,attorney representing the Porterhouse Restaurant,stated thattheyare requesting some consideration for the unpaidgambling taxes for the third and fourth quartersof2005andthe first andsecond quarters of2006. Taxes havebeen paid sincethat time.He pointed outthatthe language in the Moses Lake Municipal Code allows for a compromise ifit is in thebest interest of the city. Mr.Gavinski stated that there were additional problems since the Porterhouse also made only partial payments in some of the laterquarters. ^J There was considerable discussion by the Council concerning the issue. Bruce Russell,LakeBowl,wasopposedtoallowing theextratime for Porterhouse topaytheir back gambling taxes. ir( r /I 6758 CITY COUNCIL MINUTES August 26,2008 Action Taken:Mr.Reese moved that the Porterhouse Restaurant be given 10 days to pay the back gambling taxes,including penalties and interest,seconded by Mr.Liebrecht. Dick Lowry,Sportsman Tavern,stated that the new owner has already applied for a gambling license and ifthat is granted the current owners will have nothing to give the city. The motion passed with Mr.Pearce opposed as he felt they should be given additional time to pay the funds to prevent them from declaring bankruptcy and the citycollecting nothing. j03O BUILDING ACTIVITY REPORT The July 2008 Building Activity Report was presented. /03 CIVILSERVICE COMMISSION Joseph K.Gavinski, City Manager,stated that there are two vacancies on the Civil Service Commission and requested the names of anyone interested in serving. The regular meeting was adjourned at 10 p.m. Ronald C.Covey,Mayor ATTEST: Ronald R.Conef Finance Director O n ^J U U BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE APPEAL OF THE SKILLSOURCE SITE PLAN AMENDMENT NO.06-3 AMENDMENT FINDINGS OF FACT,CONCLUSIONS,AND DECISION TO REVERSE 1.HEARING BEFORE THE CITY COUNCIL: 1.1 Date:A closed record hearing was heldupon proper noticebeforethe CityCouncil on August 12, 2008.The matterbeforethe City Council was: 1.2 Purpose:Appeal of the Planning Commission's decision to deny a site plan amendmentto SkillSource for its property located at309 E.5th Avenue.The appeal by SkillSource isof the denial of its application to amend itssite plan for the 309 E.5th Avenue property.SkillSource alleges thatthe denial is notbased upon provisions of the Moses Lake Municipal Code and is not made in conformity with the requirements of the municipal code. Such denial of the site plan amendment prevents SkillSource from obtaining a building permit to locate a modular building atthe 309 E.5th Avenue property. 1.3 Parties:The parties to this appeal are: SkillSource,the appellant,party with standing,and City of Moses Lake,respondent 1.4 Evidence.The City Council considered the following evidence and arguments. A.The record from the open record hearing before the Planning Commission held on June 12,2008,consisting of the audio recordings of the hearing, all written materials submitted to the Planning Commission and all exhibits entered by the Planning Commission. B.The written appeal and argument of SkillSource in support oftheir position on this appeal set forth in the notice of appeal. C.The written findings and decision of the Planning Commission and the presentation of city staff in response to the appeal. 2.FINDINGS OF FACT:Based upon the evidence in the record,the City Council makes the following findings of fact: 2.1 The action ofthe Planning Commission indenying the SkillSource site plan amendment is not supported by the record below. 2.2 The appellants have provided evidence in the record that: FINDINGS OF FACT AUGUST 26,2008 SKILLSOURCE SITE PLAN PAGE2 A.The decision ofthe Planning Commission to deny the binding site plan amendmentfortheSkillSourcepropertyat309E.5th Avenue is not supported by the record (T**) produced below.' B.The record below establishes that the modular building proposed by SkillSource to be placedon the propertyat 309 E.5th Avenue is not consistent withthe overall plan for the property nor is it compatible with the other buildings on the lot and the proposed modularbuilding willdetract from the overall design ofthe campusbeing built on the property,however,the building is permitted under city zoning and building code provisions. C.The Planning Commission's decision to deny the amendment appears to be arbitrary and capricious as the reasons stated forthe denial do notcomplywith the requirements ofWashington law and are insufficient to sustain the decision of the Planning Commission. 2.3 The decision of the Planning Commission to denythe SkillSource site plan amendment is not supported by the evidence submitted and that decision should be reversed. 3.CONCLUSIONS:From the foregoing findings of fact the City Council makes the following conclusions: 3.1 The Planning Commission is vested with the authority to consider site plan amendments. 3.2 The SkillSource site plan amendment for 309 E.5th Avenue was properly before the fT^\ Planning Commission for consideration.This closed record hearing is properly before ' the City Council. 3.3 The denial of the site plan amendment is not supported by the record below. 3.4 The decision of the Planning Commission should be reversed. 4.DECISION:Onthe basis ofthe foregoing Findings of Factand Conclusions, itisthe decision of the City Council of the Cityof Moses Lakethat the decision of the Planning Commission todenythe SkillSource site plan for 309E.5th Avenueisreversed and a building permit may be issued for the placement of a modular building as proposed by SkillSource. Approvedbythe City Ronald C.Covey Mayor O