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2008 11 25u <J u 6789 MOSES LAKE CITY COUNCIL November 25,2008 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 November 11,2008 meeting be approved, seconded by Mr.Lane,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. As of November 25,2008 the Council does approve for payment claims in the amount of $229,498.98; prepaid claims inthe amounts of $18,486.35 and $25,353.03; claim checks in the amount of $1,286,166.60;and payroll in the amount of $43,540.45. Action Taken:Mr.Pearce moved that the bills,checks,prepaid claims,and payroll issued be approved,seconded by Mr.Liebrecht, and passed unanimously. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Accept Work -2008 Seal Coat Project:Granite Northwest,Inc.,dba Basin Asphalt,has completed /Q/9'A the work for the 2008 Seal Coat Project. This project consisted of chip sealing approximately 206,400 square yards of street surface inthe Wheeler Corridor and Lakeviewarea. The work should be accepted and the 45 day lien period entered into. Crittenden Comprehensive Plan Amendment -Findings of Fact:The Findings of Fact for the /UL/b Crittenden Comprehensive Plan Amendment were presented. ActionTaken:Mr.Ecret moved that the Consent Agenda be approved,seconded by Mr.Pearce, and passed unanimously. COMMISSION APPOINTMENTS PLANNING COMMISSION Mayor Covey mentioned that John Daschel hasresigned from the Planning Commission ashehas <* moved outside the city's limits.He requested Council confirmation of the appointment of Steve Schield to the Planning Commission. Action Taken:Mr.Deane moved that the appointment of Steve Schield to the Planning Commission be confirmed,seconded by Mr.Liebrecht, and passed unanimously. CONSIDERATION OF BIDS AND QUOTES -None 6790 CITY COUNCIL MINUTES November 25,2008 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS jQSft ORDINANCE -OLIN ANNEXATION -2nd READING An ordinance was presented which annexes property located adjacent to Ramm Road and establishes the zoning as C-2, General Commercial and Business. The ordinance annexing property commonly knownas the Olin Developmenttothe Cityof Moses Lake,Washington,andincorporating thesame within the corporate limits ofthe City ofMosesLake was read by title only. Gilbert Alvarado,Community Development Director,stated thatthe Boundary Review Board has indicated they will notbe taking jurisdiction andthatthe ordinance establishes the zoningas C-2, General Commercial and Business. The public hearing was opened. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Ecret, and passed unanimously. ActionTaken:Mr.Pearce moved that the second reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously. IQIQ ORDINANCE -ADOPT 2009 BUDGET -2ND READING ^. An ordinance was presented which adopts the 2009 budget. The ordinance adoptingthe budget for the Cityof Moses Lake, Washington for the year of 2009 was read by title only. The public hearing was opened. Action Taken:Mr.Ecret moved that the public hearing be closed,seconded by Mr.Lane,and passed unanimously. my Action Taken:Mr.Ecret moved that the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed unanimously. PAXSON PLAT WATER MAIN PROJECT -BLOCK GRANT -PUBLIC HEARING The U. S.Department of Housing and Urban Development and theWashington State Community Development Block Grant Program provided a grant to construct a city water main along Virginia and Luta Streets.This allowed the adjoining property owners to connect to this water main and abandon their failing private water system. Gary Harer, Municipal Services Director,explained that the water line was constructed at the request ofthe property owners.No action is needed from the Council other than to hold the public hearing. The public hearing was opened.There were no comments. n (T) 6791 CITY COUNCIL MINUTES November 25,2008 {^_J Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Lane,and passed unanimously. SIGN -AG PARADE The Moses Lake Business Association requested permission to place one banner sign on Neppel Landing toadvertisethe Ag Parade.The sign would be erected on November23andcome down on December 8. There was some discussion by the Council and itwas pointed out that another sign is proposed on West Broadway. Action Taken:Mr.Ecret moved that permission for the sign on Neppel Landing and on West Broadwaybe granted,seconded by Mr.Deane, and passed unanimously. GRANT COUNTY HEALTH DISTRICT Dr.Alex Brzezny, Grant County Health District,reported on their activities in the public health sector.He mentioned that the Health District is underfunded and understaffed for the responsibilities theyhave.He statedthattheyaredealing with measles,whooping cough,chicken pox,TB,influenza,adult obesity,andotherdiseases and chronic conditions.He mentioned that because of funding shortages,the cities andtowns in Grant County havebeen contributing tothe Health District. ^J There was some discussion by the Council. No action was taken. ORDINANCES AND RESOLUTIONS ORDINANCE -BLANCHET AVENUE - 2nd READING Western Pacific Engineering,onbehalf ofRick Penhallurick,hassubmitted a petition tovacate that portion of Blanchet Avenue adjacent to Park Orchard Tract 23. The ordinance vacating a portion of BlanchetAvenue was read by title only. ActionTaken:Mr.Lane moved that the second reading of the ordinancebe adopted,seconded by Mr.Pearce, and passed unanimously. ORDINANCES -ANIMAL CONTROL -2NP READINGS Ordinances werepresented which amend the animal control regulations and establish regulations for hazardous dogs. Mayor Covey explained the proposed changes to the animal control regulations and the additional regulations thathave been drafted concerning hazardous dogs. /ojo //?? /QF7 I ItsJ 6792 CITY COUNCIL MINUTES November 25,2008 Veronica Medina brought pictures of her son,Alex,who was attacked by apit bull,and stated that ([) she would not want anyone else to have to go through such an experience. Susan Mann stated that she has some concerns about the requirement fora pen,where the $150 license fee would be used for,whether there is a fee break for spayed and neutered dogs,and whether the insurance is required for each dog. Brooks Mann pointed outthata dog needs to be socialized and penning a dogdoes notallow for socialization.He felt that training should be required for the dog owners and no one under 18 should be allowed to own a powerful breed. Healsowas concerned about the consequences ifa pit bull defends itselforitsownersince that would still be consideredan attack by a pit bull. Carol Dawson,Jay Vaness,Karen Herrold,Julie Russell, Alissa Startweather,Daniel Alvarado, Rich Archer,Stephen Speed, NancyBanks, Sandy Kramer,Jerry Ford,Linda Nyberg,Bill Waits, Stacy Lang,andScott Lang spoke and indicated theywereopposedtobreed specific legislation but felt thatdog owners should be held responsible,dogobedienceclasses should be required in orderto licensea dog,the need for education in the schools,and enforcementof existing leash laws. Garth Dano felt that dog owners should be held responsible for the actions of their dogs and insurance should be required. There was some discussion by the Council and itwas pointedout that the ordinances do not ban specificbreeds butareanattemptto hold theowners responsible.Therewas some minor changes to the ordinances. The ordinance amendingChapter6.05ofthe Moses Lake Municipal Codeentitled"Animal Control" was read by title only. Action Taken:Mr.Pearce moved that the ordinance become effective on January 1,2009 and the second reading of the ordinance be adopted,seconded by Mr.Liebrecht,and passed with Mr. Reese opposed. The ordinancecreatingChapter6.06 ofthe Moses Lake Municipal Code entitled"HazardousDogs" was read by title only. There was some discussion and it was felt the ordinance should be amended to require owners ofhazardous dogs be over 18 years ofage, delete Akitaand Chow from the definition of hazardous dog,and clarify the fencing requirements. Mr.Reese felt that the section specifically listing breeds of dogs as hazardous should be eliminated. Action Taken:Mr.Lane moved that Section 3 under definitions be eliminated,seconded by Mr. Reese,and failed with Mr.Reese and Mr.Lane in favor and Mr.Pearce,Mr.Ecret,Mr.Deane,Mr. Liebrecht,and Mayor Covey opposed. Action Taken:Mr.Ecret moved that the ordinance become effective on January 1,2009,be ^-^ amended as follows,and the second reading beadopted:(|) A.Eliminate Akita and Chow in 6.6.010 A.3. n 6793 CITY COUNCIL MINUTES November 25,2008 Vs )B.Include in 6.06.020:Provided,however,a hazardous dog is permitted to be in a secure, fully enclosed fenced yard or pen on the owner's premises,adequate to prevent escape, so long as the owner is present and providing supervision of the dog's activities. Said fenced enclosure shall not include an invisible fence,but shall mean an above-ground fencing structure. C. Include new section 6.06.050:Age Requirement to Own a Hazardous Dog:Owners of hazardous dogs must be at least eighteen (18)years old. seconded by Mr.Liebrecht,and passed with Mr.Reese and Mr.Lane opposed. RESOLUTION -BUILD ON UNPLATTED PROPERTY -STUMP James and Rosemary Stump have requested permission to construct a pole barn on Tax #13783 located at 8654 Broad Street. The resolution allowing James A. and Rosemary J.Stump to build on unplatted propertywas read by title only. Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Ecret, and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -THE GREENS ^J Lee/Norman Development,LLC has requested permission to construct amodel home on Lot 1in Phase 1 and the community center forThe Greens on the open space adjacent to Lots 1 - 3 in Phase 1 of the preliminarily approved The Greens Planned Unit Residential Development.The property is in the process of being platted along with the construction of all street and utility improvements.Lee/Norman Development would like to construct a model home and the communitycenter prior to filing the final plat.Because ofthe difficulty in obtaining a performance bond for the completionof the improvements, they areasking permissionto build the model home and community center on propertycurrentlyinthe platting stage of development. The resolution allowing Lee/Norman Development,LLC to build on unplatted propertywas readby title only. Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. Gilbert Alvarado,Community Development Director,stated thatthe cityreceived a memo from the Fire Department dated 11/25/08 outlining their requirements. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION -None \^J NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None //ttevV W 100 J393 6794 CITY COUNCIL MINUTES November 25,2008 CITY MANAGER REPORTS AND COMMENTS NON-CONFORMING USES Gilbert Alvarado,Community Development Director,distributed a memo concerning the termination of non-conforming uses.He reported that the Planning Commission is in the process of terminating a mobile home park.Because ofthe attention this possible termination has created, the Planning Commission would like to visit with the Council during the Council/Staff Retreat regarding this matter.He pointed out that these non-conforming uses absorb a great deal of staff time from Planning,Fire,and Code Enforcement. COUNCIL/STAFF RETREAT Mayor Covey reminded theCouncil thatthe Council/Staff Retreat will be held in Moses Lake atthe ATEC building at Big Bend Community Collegeon March 6 and 7, 2009. The regular meeting was adjourned at 11 p.m. ATTEST Ronald C.Covey,Mayor -hRonald R.Con£,Finance Director ~ ~ P u U U BEFORE THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON IN THE MATTER OF THE CRITTENDEN COMPREHENSIVE PLAN AMENDMENT REQUEST NO.08-1 FINDINGS OF FACT,CONCLUSIONS,AND DECISION TO DENY 1.HEARING:A publichearing was held upon propernotice before the CityCouncilon October 14,2008.The matter before the City Council was: 1.1 Consideration of a request froma landowner, OdellCrittenden, to amend the city's land use comprehensive planto change the designated use of certain land, a portion of parcels 170542000 and 190681000,from light industrial to mediumdensity residential, an area of approximately 160 acres specifically identified in the application (the Crittenden Property). 1.2 The parties providing testimony or submitting written comments were: A. Odell Crittenden through his representative Ed Greer. B.Brig Temple on behalf of Columbia Basin Railroad. C.Lynn Garza on behalfofthe Grant County Economic Development Council. D.Terry Brewer,Director ofthe Grant County Economic Development Council. E.Craig Baldwin on behalf of the Portof Moses Lake. F.Megan Murphy,attorney representing Columbia Basin Railroad. G.Bill Gilman of JR Simplot Company. 1.4 Evidence. The CityCouncil considered the following written materials: A. The application ofthe proponent and the proponent's submission in support ofthat application. B. The letter from the GrantCounty Economic Development Council. C.The letter from the Port of Moses Lake. D.The letter from Columbia Basin Railroad. E.The letter from the Moses Lake Airport Commission. F. A recommendation from the Planning Commission. G. The current comprehensive land use planof the city. CRITTENDEN COMP PLAN AMENDMENT PAGE 2 FINDINGS OF FACT November 25,2008 2.FINDINGS OF FACT:Based upon the testimony and evidence provided, the City Council makes the following findings of fact: 2.1 The Crittenden Property iscurrentlyclassified as industrial propertyand is zoned light industrial. 2.2 To meet the standards of the comprehensive plan for an amendment,the proponent must establish that: A. A detailed statement of what is proposed to be changed and why. B. A statement of anticipated impacts to be caused by the change,including geographic area affected and issues presented. C. A demonstration of why an existing Comprehensive Plan goal, policy, or recommendation should not continue to be in effector why an existing goal, policy or recommendation is no longer valid. D. A statement of how the amendment complies with the Comprehensive Plan's goals,objectives,and policy directives. E. A statement of how facility plans and capital improvement plans support the change. F.A statement of how the change affects land use regulations (i.e.,zoning,^-^ subdivision,etc.).and the necessary changes to bring the land use regulations into ([) compliance with the plan. G. A demonstration of public review of the recommended change. 2.3 The proponent has met the requirement of 2.2.A inthe submission made in support of this request. 2.4 The proponent has not metthe requirement of 2.2.B in the submission made in support ofthis request as there are additional impacts identified by the existing comprehensive plan and from testimony at the public hearing.The submission failed to note the Crittenden Property is one third of the existing light industrial land within the city.The Crittenden Property is adjacent to the city's municipal airport and is within the Wheeler Industrial corridor.The Crittenden Property is only adjacent to existing residential use along a portion of its northern boundary.Such residential use is outside the city's limits. 2.5 The proponent has not met the requirement of 2.2.C in the submission made in support of this request in failing to identify an existing Comprehensive Plan goal, policy, or recommendation that should not continue to be in effect or why an existing goal,policy or recommendation is no longer valid.The Crittenden Property is a large portion ofthe Wheeler Industrial Corridor lands.Segregating the Crittenden Property from the other industrial zoned lands and insertion of residential uses impacts adjacent industrial lands and uses. <n O CRITTENDEN COMP PLAN AMENDMENT PAGE 3 FINDINGS OF FACT November 25, 2008 2.6 The proponent has not met the requirement of 2.2.D inthe submission made in support I,J of this request because the proposed amendment does not comply with the Comprehensive Plan's goals,objectives,and policy directives,in that itis inconsistent with the existing land uses and industrial zoning. 2.7 The proponent has not metthe requirement of 2.2.E inthe submission made in support of this request because the proposed facility plans and capital improvement plans do not support the amendment.The existing infrastructure supports industrial uses and is not built out for residential uses. 2.8 The proponenthas notmet the requirementof2.2.F.Howthe proposed change affects land use regulations(i.e.,zoning, subdivision,etc.). andthe necessary changes to bring the land use regulationsintocompliance withthe planis not consistent withthe goals of the Comprehensive Planorthe existing land uses orzoning. There is adequate R-2 zoned propertyavailable.The impact of this proposed change on the existing lands uses and the inconsistencies that would be created by this proposed change are not consistent with the existing comprehensive plan. 2.9 The proposed change has met the requirement of 2.2.G in the conduct of a review beforethe Planning Commissionand the public hearing conducted beforethis body. 3.CONCLUSIONS:From the foregoing findings of fact the City Council makes the following conclusions: 3.1 The city's comprehensive land use plan mayonlybeamendeduponthe determination \)that certainconditionsexist. 3.2 The proponent has notsustainedhis burden as respects all required elements ofthe city's comprehensive planas identified in2.2 above. 3.3 On the basis of the foregoing,the request should be denied. 4.DECISION:On the basis of the foregoing findings and conclusions, itisthe decision of the City Council ofthe City of Moses Lake that the request ofOdell Crittenden toamend the city's comprehensive land use plan as respects the Crittenden Property to change itsdesignation from light industrial to R-2 residential is denied. U Ronald C.Covey Mayor 2008.