REGULAR MEETING MINUTES
JUNE 5, 2006
1. CALL TO ORDER
Mayor Norm Childress called the regular meeting to order at 7:30 p.m. in the Council Chambers at City Hall.
Present were: Mayor Norm Childress and Councilmembers Helen Darr, Bill Flory, Pam Horner, Javier Rodriguez and Joan Souders. Councilmembers Rick McLean and Robert Morales were absent.
Staff present were: City Administrator Scott D. Staples, City Attorney Jack Maxwell and City Clerk Anita Palacios.
2. FLAG SALUTE
Alejandra Padilla, Student of the Month at McClure Elementary School led the flag salute.
3. CONSENT AGENDA
On motion by Councilmember Darr, second by Councilmember Souders, Council unanimously approved the Consent Agenda consisting of the following:
A. Minutes of the May 15, 2006 study session
B. Minutes of the May 15, 2006 regular meeting
C. Claim Warrant Nos. 76024-76133 in the amount of $88,753.28
D. Payroll Warrant Nos. 40594-40712 in the amount of $165,998.39 (June 1, 2006 payroll)
E. Bid Award RE: Garbage Truck Awarded bid to Western Peterbuilt, Inc., for $203,816.32
F. Bid Award RE: Well No. 13 Drilling, Casing and Testing Awarded bid to Schneider Equipment Inc., for $344,999.46
G. Resolution No. 2006-16; Authorizing Interlocal Agreement with Yakima County RE: Federal Surface Transportation Program Funding
4. CLOSED RECORD PUBLIC HEARING AMENDED PRELIMINARY PLAT FOR MEADOWLARK VIEW ESTATES PHASE II & III
Mayor Childress opened the closed record public hearing to consider a preliminary plat amendment for Meadowlark View Subdivision submitted by Michael Johnson by reading the public hearing procedure.
There was no one in the audience who objected to his participation as Mayor or any of the Councilmembers participation in these proceedings. None of the Councilmembers had an interest in this issue nor did any stand to gain or lose any financial benefit as a result of the outcome of this hearing and all indicated they could hear and consider the issue in a fair and objective manner. The purpose of the hearing was for the Council to review the record and consider the pertinent facts relating to this issue.
No new public testimony was allowed.
Staff provided the following review of the record. On June 11, 2003 and June 16, 2003, the Planning Commission and City Council respectively held public hearings on a preliminary plat application for an 11.25 acre site located south of West Fifth Street and west of Cherry Lane submitted by Peter Fricke. Mr. Fricke requested to subdivide the property into 47-single family residential lots with construction to commence in two phases: Phase I consisting of 21 lots and Phase II consisting of 26 lots. On June 23, 2003, Council adopted Resolution No. 2003-40 approving the preliminary plat known as Meadowlark View and authorized the Mayor to sign the Development Contract with Mr. Fricke. On August 23, 2004, Michael Johnson, acting on behalf of Mr. Fricke, submitted a request to amend the Development Contract to revise the construction to three phases: Phase I consisting of 9 lots, Phase II consisting of 12 lots and Phase III consisting of 26 lots. Council approved the request on October 4, 2004. On October 31, 2005, staff approved a short plat for Phase I consisting of 9 lots. On April 11, 2006, Mr. Johnson submitted a preliminary plat amendment for Phase II & III of the Meadowlark View Subdivision to remove the access to Cherry Lane. This will make Meadowlark Drive end in a cul-de-sac with the remainder of the 8.6 acres of undeveloped land subdivided into 37 single-family residential lots.
The Planning Commission held a public hearing on May 31, 2006 to receive comments on the amended preliminary plat. Following the public hearing, the Commission unanimously adopted the following findings and conclusions:
1. The 8.6 acre subdivision is unoccupied residential land located in the City of Grandview.
2. All proposed lots meet the minimum dimensions and minimum lot size for their zoning designations.
3. Residential development of the subdivision is consistent with the Grandview Comprehensive Plan.
4. Extension of municipal sewer and water lines is proposed for each lot and adequate sewer and water facilities exist to serve the development of the subdivision.
5. The public use and interest will be served.
6. Environmental (SEPA) review has been conducted and a Determination of Non-significance issued.
7. The following statement shall be affixed to the amended filed subdivision. "Purchaser(s) and lessee(s) are hereby notified that this plat is situated in an agricultural area, and the lots are therefore subject to noise, dust, smoke, odors and the applications of chemicals resulting from usual and normal practices associated with nearby agricultural uses."
and recommended that City Council approve the preliminary plat amendment for Meadowlark View Subdivision.
Council requested clarification of the record as follows (transcribed verbatim):
Darr - One question, on lot 1 that Mr. Johnson answered that he would love to make a park out of it and turn it over to the City. I have hope that that happens. I think anytime we get these large developments of 47 lots we need some green space. We need some place in that development for just green space for children to go and just get away. Also, I have a question and maybe Jack Maxwell would help me on this. This letter that was written to Anita where Pete Fricke authorizes Mike Johnson to act in his capacity, the letter was not notarized and I have a great deal of problem with that if something was go come down the road. I think that it should have been notarized.
Maxwell - Well it would be easier and better to have power of attorney rather than just a letter.
Darr - But it should have been notarized.
Maxwell - Well, yeah.
Darr - In my opinion anytime you give your entire, you authorize someone to act in your capacity, I think the letter should have been notarized.
Maxwell - Thats something Anita probably could contact Mr. Fricke to ask him to send a power or attorney rather than just a letter of authorization, but I think its serve the purpose as long as were sure thats Mr. Frickes signature and we dont know.
Darr - Thats why Im saying, if it was notarized, we would have no problem if its ever challenged down the road that Pete Fricke actually did sign it. Those are the only two questions that I have. I think its a great design (inaudible).
Childress - Jack, do you have any problem with this, the way that its . . .
Maxwell - Well I think its sufficient. I think the City knows Mr. Johnson and also knows Mr. Fricke so I dont think theres any problem, but it would be nice to have something notarized by Mr. Fricke indicating that he has given the authority to Mr. Johnson, so if you want to contact him and just get something in the file. I dont think thats a problem, but.
Childress - Okay. I have to agree with Helen, I like the design.
Darr - Oh, its very nice.
Childress - And I didnt have a problem eliminating the access to Cherry Lane. I wasnt real excited about where that came out any ways where that reverse curve is there and the alignment. Plus, it serves as a good traffic control for local neighborhoods. Its local neighborhood traffic. Its not going to get a lot of cut through traffic so, I think theres a lot of positives to that approach.
Rodriguez - I had a question for Mike there that one what is it like 16 feet, pardon.
Palacios - You need to clarify your question with Jack first.
Childress - Right.
Maxwell - Whats that?
Rodriguez - Can I ask Mr. Johnson a question?
Maxwell - I think you can ask him a question although its a closed hearing, I think you can ask him a question.
Rodriguez - Okay, just on that 16 feet from your subdivision going to Larson, its a City easement. Whats going to happen to that? Is that still going to be fenced off or?
Johnson - I dont really, I dont really know what will happen to that other than it will be fenced off, but we have talked about it several times, a lot of people wanted it fenced off to stop traffic going in and out.
Rodriguez - But right now, I think its fenced off isnt it, its going to stay.
Johnson - Well, its now been torn down.
Rodriguez - Oh, has it.
Johnson - And a new fence is going up.
Rodriguez - Okay, I was just wondering if that was part of.
Johnson - Its a problem area.
Rodriguez - Yeah.
Johnson - You know, when I started out with Vista Villas, I had the envision of putting a jogging trail all the way around it so that people could walk and jog. The first thing that happened was a woman got robbed and so its, unfortunately its not good to have those accesses. You dont think about it until . . .
Darr - Something happens.
Rodriguez - Okay, thank you.
Darr - I do like the idea of the roundabout in there (inaudible), if there really works, may be we should put those on some our streets in town.
Childress - Yeah, theyre pretty spendy if you dont put them in initially. The retrofit one is pretty spendy, but they do work and if youre traveling to the Tri-Cities theres a lot of them down there.
Darr - Yes, weve been around.
Childress - They are pretty prudent for traffic calming, is what they call it and it does calm traffic.
Darr - I think its great.
Childress - Okay, do we have any other comments about the record, the open hearing, do you have any questions or comments about that?
The public hearing was declared closed.
On motion by Councilmember Horner, second by Councilmember Rodriguez, Council unanimously accepted the Planning Commission recommendation and findings and conclusions as presented and approved the preliminary plat amendment for Meadowlark View Subdivision.
5. CDBG PLANNING-ONLY GRANT TO UPDATE PARKS & RECREATION COMPREHENSIVE PLAN RESOLUTION NO. 2006-14; ADOPTS POLICY PROTECTING INDIVIDUALS ENGAGED IN NONVIOLENT CIVIL RIGHTS DEMONSTRATION AND RESOLUTION NO. 2006-15; ESTABLISHES A RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN UNDER SECTION 104(D) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED
City Administrator Staples explained that the Citys application to the Washington State Department of Community, Trade and Economic Development (CTED) for a $12,000 Community Development Block Grant (CDBG) Planning-Only Grant to complete an update of the parks and recreation portion of the Citys Comprehensive Plan was awarded. Costs to be covered by the grant cannot be incurred until the date that all parties have signed the contract. Prior to entering into a contract with CTED, the City must approve Resolution No. 2006-14 adopting Policy Protecting Individuals Engaged in Nonviolent Civil Rights Demonstration and Resolution No. 2006-15 establishing a Residential Anti-Displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act of 1974, as amended.
On motion by Councilmember Darr, second by Councilmember Souders, Council unanimously approved Resolution No. 2006-14 adopting Policy Protecting Individuals Engaged in Nonviolent Civil Rights Demonstration and Resolution No. 2006-15 establishing a Residential Anti-Displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act of 1974, as amended.
6. COUNCIL RESIGNATION
Mayor Childress read a letter of resignation submitted by Councilmember Rick McLean, attached hereto and incorporated herein as part of these minutes.
On motion by Councilmember Darr, second by Councilmember Horner, Council unanimously accepted the resignation of Councilmember Rick McLean.
Council instructed staff to proceed to advertise for letters of interest to fill the Council vacancy with a deadline of June 30, 2006.
7. COUNCILMEMBER MEETING REPORTS
Community Standards & Neighborhood Pride - City Administrator Staples reported that he and Councilmember Morales have made plans to meet to work on the Community Standards & Neighborhood Pride Task Force once school was out for the summer.
Country Park Concert Series - The Country Park Concert Series have been well attended with the last two concerts to be held on June 6th sponsored by the Kiwanis Club and June 13th sponsored by the Rotary Club.
Carriage Square Block Watch Party - The Carriage Square Block Watch party will take place on June 29th at Councilmember Souders residence.
Employee Appreciation Picnic - The Employee Appreciation Picnic has been scheduled for Friday, June 16th at the Fire Department.
8. ADJOURNMENT
The regular meeting was adjourned at 8:20 p.m.