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2011 08 23u 7194 MOSES LAKE CITY COUNCIL August 23,2011 Council Present: Jon Lane,Dick Deane,Karen Liebrecht,David Curnel,Richard Pearce,Brent Reese, and Bill Ecret The meeting was called to order at 7 p.m. by MayorLane. PLEDGE OF ALLEGIANCE:Mayor Lane led the Council inthe pledge ofallegiance. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Minutes:The minutes ofthe August 9,2011 meetingwere presented forapproval. Approval of Claims, Prepaid Claims.Checks,and Payroll:Vouchers audited and certified bythe Finance Director as required by RCW 42.24.080,and those expense reimbursement claims,certified as required by RCW 42.24.090,havebeen recorded ona listing which has been made available tothe Council forapproval andisretained for public inspection at city hall.AsofAugust 23,2011 the Council does approve for payment claims in the amountof$377,999.45;prepaid claims in the amountsof $183,978.46 and $30,929.34;claim checks inthe amount of $3,2779,834.18;and payroll in the amounts of$438.16 and $368,023.93. Resolution -Abandon Easement -Warwick:A resolution was presented which abandons the utility /O/S easements betweenLots2and 3,Block 3,Woodcrest Major Plat,locatedattheintersectionofMagnolia Drive and Abbey Road. Resolution-AcceptEasement-Bodie/Peterson: Aresolutionwas presented whichaccepts an easementfrom /Q/3IjBodieProperties,LLC and Eric D.Peterson,LLC which grants the City the right to access water meters and V /firehydrants on the Peterson Short Plat No.5, Lot3, located on Randolph Road. Resolution -Set Public Hearing -Alley Vacation -Alanis -Aresolution was presented which sets September /J><f 7 13 as the date to consider the vacation of 3'of the alley adjacent to Lot27 in Broadripple Addition#1. Nuisance Abatements -Set Date for Hearing:Council should set September 13as thedateto consider the //Qy abatement of nuisances at 818 Sage Bay Drive and 1230 W.Broadway. Action Taken:Mr.Pearce moved thatthe ConsentAgenda be approved,seconded byMr.Reese,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES TREE REPLACEMENT PROJECT 2011 ^/nP/f The Cityreceived three bids forthe 2011 Tree Replacement Project. This projects consists of removing 29 trees and tree planters in the downtown paver district and replacing 25 of them,and installing four new accessible parking spaces.There is also an additive for removing and replacing fiveadditional trees and tree planters. Action Taken:Mr.Ecret moved thatthe bid be awarded to McKean Concrete and Construction,seconded by Mr.Deane,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS K^_J MUSCULAR DYSTROPHY ASSOCIATION -REQUEST TO USE CITY STREETS ./(>^ The Muscular DystrophyAssociation requested an amendmentofthe Cityregulations to allowqualifying non-//SJ profit organizations to use city streets for fund raisers. 7195 CITY COUNCIL MINUTES August23,2011 JanaWorthington,Executive Director,MuscularDystrophyAssociation, stated thatthey areawarethatmany >rv cities are dealing with the problem of panhandling and theyare interested in working with thecity tohave an M ) amendment that allows qualifying non-profit organizations to solicit funds from drivers.She mentioned that the City of Spokane Valley has adopted the proposed amendments. Katherine Kenison,CityAttorney,stated thatthere areserious legal concerns aboutopeningthistype of use inthe public streets. She pointedout that the primary use of the streets is for the safe travelof the public. Allowing pedestrians inthe middleof traffic for any reason couldcreate a liability on the part of the city. There was some discussion by the Council but no action was taken. //OS COLUMBIA BASIN WALLEYE CLUB -PIER AT BLUE HERON PARK The Columbia Basin Walleye Club requested self-help funds from the City for the construction of a multi purpose recreational pierat BlueHeron Park.The intentisto have the Walleye Clubraise funds and provide "in-kind"labor,Deleron Manufacturing Company build and install the pier,the City's Parks and Engineering Departmentswill obtainpermits,approvedesign,install walkways,andassume maintenance responsibilities; and the City of Moses Lake will own the pier. DaveSmith from the Columbia Basin WalleyeClubstatedthatthe pier will be for fishing,bird watching,sun bathing and other types of activities but swimming and boat moorage will be prohibited.He gave a presentation on the construction and funding of the proposed pier. Joseph K.Gavinski, City Manager,stated that the Citycannot be involved ina projectusing self-help funds and the self-help funds are a reimbursement after the project is completed. There was some discussion by the Council. Action Taken:Mr.Pearce moved that the City budget the request from the Walleye Club for self-help funds in the 2012 budget,seconded by Dr.Curnel,and passed unanimously. //''"/7 RESOLUTION -SIX YEAR STREET PLAN -PUBLIC HEARING A resolution was presented which adopts the amended Six Year Transportation Improvement Program; The resolution to amend Resolution 2695 Transportation Improvement Program for 2012-2017 was read by title only. The public hearing was opened. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Dr. Curnel, and passed unanimously. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Ecret,and passed unanimously. ORDINANCES AND RESOLUTIONS /03(p ORDINANCE -AMEND 16.36 -FIRE CODE -1st READING An ordinancewas presented which rectifies a conflict between two sections of the Municipal Code concerning connections.One section requires connections to be fittedwith metal,screw-in type caps and another section requires connections to be fitted with Knox locking caps.The Knox locking caps are the preferred requirement so the metal screw-in connection has been eliminated. The ordinance amending Chapter 16.36 of the Moses Lake MunicipalCode entitled "FireCode"was read by title only. <n o u ^ W 7196 CITY COUNCIL MINUTES August 23,2011 ActionTaken:Mrs.Liebrechtmoved that the first reading of the ordinance be adopted,seconded by Dr. Curnel, and passed unanimously. ORDINANCE -AMEND 16.48 -FIRE HYDRANTS -1st READING /D$L> Anordinance was presented which clarifies theownership of fire hydrants for identification purposes as well as for annual testing and maintenance requirements. Theordinance amending Chapter 16.48 oftheMoses Lake Municipal Code entitled "Fire Hydrants"wasread by title only. Action Taken:Mr.Reese movedthatthe first reading ofthe ordinance be adopted,seconded by Mr.Pearce, and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS STONE HOLLOW 1 SHORT PLAT -DEFERRAL REQUESTS Stone Hollow 1 Short Platis located on Central Drive.The developer has requested the deferral of street improvements on Central Drive and a deferral to allow a temporary gravel cul-de-sac attheendof Daniel Street.The Planning Commission recommended the deferrals be granted with the following conditions: 1.The request for a temporary cul-de-sac be granted with the stipulation thata covenantbe required for the improvements within five years. 2. The requesttodeferthe street improvements be granted with the stipulation thatthe sidewalk onthe northside of Central Drive,adjacent to Lot1,Block 1,be extended to Daniel Street and a covenant be required for the improvements in the future. Gilbert Alvarado,Community Development Director,stated thatthe property owner has only platted a small piece of his property and the deferral ofthe cul-de-sac is forfiveyears. He mentioned thatthe developer is only required to make improvements to their platthat abuts the right-of-way,which is only one lot. Gary Harer,Municipal Services Director,stated that deferrals are usually granted for streets that do not abut improved streets.He mentioned that this plat is adjacent to an Central Drive which has curb, gutter, and sidewalk on the north side.The City owns the property to the south and would be responsible for the improvements on the south side of the street.Staff feels that the developer should improve Central Drive fronting their plat. He mentioned that ifCentral Drive is not improved,the improvements on Daniel Street will be extended into the unimproved area.He mentioned that the streetwill need to be torn up to install utilities and that is a good reason to go ahead and improve the street. Action Taken:Mr.Pearce moved that the request forthe deferral on the cul-de-sac be granted,seconded by Mr.Deane,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION SIGN PLACEMENT STANDARDS Staff has requested a change to the sign placement standards by requiring the signs to be at least 6'back of street curb in order to eliminate visibility issues. /teb /oao 7197 CITY COUNCIL MINUTES August 23,2011 Action Taken:Mr.Ecret movedthattheamendedsign placement standards be approved,seconded by Dr. Curnel, and passed unanimously. //Q?£GROUP BWATER SYSTEM -MORGAN TRACTS Columbia Northwest Engineering has requested approval ofa Group B water systemtoservethe Morgan Tracts Unit 1Short Plat,a Replat ofa portion of Lot 8. The Group Bwater systemwould bein lieu ofrequiring the lotsto connect to the City'swater system. The plat is locatedon Morgan Road at its intersection with Potato Hill Road and isin the City's UGA.Each lot in theMorgan Tracts Unit 1hasanindividual exemptwell. There isaQuincy Basin water permit that allows 5.25 acre feetof Bureau irrigation water tobe pumped from theexempt well on Lot 8.however,thisisnota statewaterright for domesticuse. The City's stanceisthat all theexemptwells serving the plat are illegal since only oneexemptwell is allowed ontheoriginal property thatwas platted into the Morgan Tracts Unit #1 plat and thatthe approval of this request would expand the illegal action. Gary Harer,Municipal Services Director,statedthatthisareahasa federal irrigation water permit butthatis nota water right for domestic use, whichis needed for a GroupBwatersystem. Katherine Kenison,City Attorney,pointed outthatthere is a difference between a permit and a certificated water right.The owner hasa Quincy Columbia Basin Irrigation Water Right Permit for irrigation only and is not for domestic use. Eric Huber,propertyowner, pointedoutthatthere isnoCitywaterservice tothisareaand so he does nothave the optionof connecting to Citywater. He mentioned that GrantCounty is still issuing permits for wells for platsand did not see how the Citycould considerthem illegal.He stated that use of the wellon Lot8 forthe new lotshas been approvedbyGrantCounty Health District and he did notunderstandwhyhe hadtocome before the Council forapprovalof the water system.He mentioned that the City provided him with a letter approving the subdivision provided he could supply water. Ms. Kenison pointed out that the letter from theCity was based on the information from Mr.Huber that he had a lawful water right that would entitlethem to a Group Bwater system.A lawful water right would be one for domestic purposes,not for irrigation. Mr.Huberstated thatthe Department of Healthhas determined that hiswater system is legaland has signed off on the plat,so how can the City determine that it is an illegalwater system. Ms.Kenison explained that the County and City have different roles in processing developmentapplications. The issue with the City is that the property is within the UGA and within the City's water system even though there is no City water to that area at this time.In order for the City to authorize a waiver of its requirements, evidence must be supplied that justifies the Group B water system and that information has not yet been received. There was considerable discussion but no action was taken by Council. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS AMERICAN LEGION -POW/MIA EVENT -INVITATIONIW Monty Martin,American LegionRiders Post 209,stated that they are havingan event on September 16 to honor and remember the POW/MIAs beginning at Blue Heron Parkand ending at McCosh Parkand invited the Council to attend. COUNCIL QUESTIONS AND COMMENTS -None T <P n w w 7198 CITY COUNCIL MINUTES August 23,2011 CITY MANAGER REPORTS AND COMMENTS FAIRGROUNDS ANNEXATION Joseph K.Gavinski,City Manager,provided a letter from Grant County which stated that they will pursue testing and monitoring of the current septic system atthis time and will revisit the issue of connecting to the city sewer and annexation ifthe need arises. BUILDING ACTIVITY REPORT The July 2011 Building Activity Report was provided. AMBULANCE REPORT An updated Ambulance Report forthe second quarter was provided. The regular meeting was recessed at 8:40 p.m.and the Council met in a 30 minute executive session with the City Attorney to discuss litigation and labor relations.The executive session was adjourned at9:15 p.m. and the regular meeting was reconvened.The regular meetingwas adjourned at 9:15 p.m. ATTEST JojL-kane',Mayor L '/>fy^ Ronald R.Cone,Finance Director /osf /02&-/I 7/3?