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2014 08 26u ^J 7522 MOSES LAKE CITY COUNCIL August 26,2014 Council Present:Dick Deane,Bill Ecret, Karen Liebrecht,Jason Avila,Jon Lane, and Todd Voth Absent: David Curnel The meeting was called to order at 7 p.m. by Mayor Deane. PLEDGE OF ALLEGIANCE:Mr.Ecret led the Council in the pledge of allegiance. PRESENTATION AND AWARDS -None CONSENT AGENDA Minutes:The minutes of the August 12 meeting were presented forapproval. Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims,certified as required by RCW 42.24.090, have been recordedon a listing whichhas been made available tothe Council for approval and isretained for public inspectionatthe Civic Center. As ofAugust 26,2014 the Council does approve for payment claims in the amount of $1,427,951.82;prepaid claims in the amounts of $21,226.33 and $250,147.65;claim checks inthe amount of $1,843,382.71;and payroll inthe amounts of $387,797.19. AcceptWork -2013 Sewer Force Main Project:Pegram Construction,Inc.has completed work on the 2013 Sewer Force Main Project. The work should be accepted and the 60-day lien periodentered into. Action Taken:Mr.Voth moved that the Consent Agenda be approved,seconded by Mr.Avila, and passed unanimously. K^_J COMMISSION APPOINTMENTS LODGING TAX ADVISORY COMMITTEE The membership of the Lodging Tax Advisory Committee is to be confirmed on a yearly basis.The current members include Debbie Doran-Martinez,Moses Lake Chamber of Commerce and Tourism Commission, Brenda Teals,Allied Arts,Friends of the Adam East Museum and Art Center,and Tourism Commission,Tim Molitor and MayorDeane is the Chairman. Laura Susserman,who was also on the Committee has leftthe community and Kim Kirkbride,General Manager of the Comfort Inn and Suites, has expressed interest in serving on the committee. Action Taken:Mrs.Liebrecht moved that the Kim Kirkbride be appointed and the current members of the Lodging Tax Advisory Committee be confirmed,seconded by Mr.Lane, and passed unanimously. CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS BUSINESS LICENSE -APPEAL Alan Heroux, on behalf of Brent Heroux,appealed the denial of a business license forThe Hydrofarmer. He provided information on the proposed marijuanabusiness proposed to be located at 1450 Wheeler Road in a Light Industrial Zone. He stated that the City denied the business license based on its definition of agricultural use, whichhe feels conflictswiththe state's definition of marijuana beinga non-agricultural use. He feels that the manufacture of marijuana as a food product fits inthe Light Industrial Zone. KatherineKenison, CityAttorney, reminded the Councilof previous discussions on the definitionofagriculture uses inthe Cityandthe Councildetermined thatthe growing of marijuanawouldbe considered an agricultural use, which is prohibited by the City's existing code.The request from Mr.Heroux is to change the existing code to make allowance for an agricultural use in the Light Industrial Zone. If the Council is inclined to consider a change to the code, the ramificationsof that change should be discussed not only by the Council but possibly by the Planning Commission. /Oo'A //^'/) 7523 CITY COUNCIL MINUTES August26, 2014 Joseph K.Gavinski,City Manager,pointed outthat cities have a great deal of discretion in the interpretations of its codes.He stated that staff is comfortablewith the advice given to Council that this is an agricultural use and is not allowed under the current code. There was considerable discussion by the Council on agricultural uses. Action Taken:Mayor Deane moved that the appeal be denied,seconded by Mrs.Liebrecht,and failed with Mayor Deane and Mrs.Liebrecht in favor and Mr. Lane, Mr.Ecret,Mr. Avila,and Mr. Voth opposed. There was additional discussion by the Council. Action Taken:Mr.Ecret moved that the Light Industrial Zone be investigated as it relates to marijuana producers and that it be brought backto the Council at the next meeting,seconded by Mr.Lane,and passed with Mr. Lane, Mr. Ecret, Mr.Avila,and Mr.Voth infavor and Mayor Deane and Mrs.Liebrecht opposed. BUILD ON UNPLATTED PROPERTY -CRAB CREEK PROPERTIES Richard Penhallurick,representing CrabCreek properties,requested the Council approvean extensionof the 30 day time limitfor the submission of an easement granting access to the property behind Walmart.He statedthat he submitted an easement,but was informed by staffthat since itdid not include a legal description of the access and the 30 days had elapsed,that another requestwould need to be submitted.He felt that he had provided a legal easement according to case law and requested that his request to build on unplatted property be granted. Joseph K.Gavinski, CityManager,stated that the easement included a sketch of the easement but did not includea legal description ofthe easement.Theeasement as providedwould encompass the entire Walmart property. He pointed out that inthe future there isthe possibilityoftheeasementbeing revoked and thatcould leave the City open to a lawsuit by a subsequent owner of the property because the City permitted the development of the property without proper access. There was considerable discussion by the Council. Action Taken:Mr.Ecret moved that the request to buildon unplatted property be granted with the stipulation that an easement be provided within30 days and a buildingpermit is requested,seconded by Mr.Voth, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE - AMEND 13.12 - WATER.SEWER.AND STORMWATER RATES - 2nd READING An ordinance was presented which increases the rate for the delinquent service charge and for turn-ons or turn-offs after 4 p.m and before 8 a.m. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water,Sewer,and Stormwater Rates"was read by title only. Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Avila, and passed unanimously. ORDINANCE - AMEND 2.48 -PLANNING COMMISSION -1st READING An ordinance waspresentedwhich changes the requirements to serve on thePlanning Commission to include the requirement that a voting member reside within the City limits. The ordinance amending Chapter 2.48 of the Moses Lake Municipal Code entitled "Planning Commission" was read by title only. (^) n D 7524 CITY COUNCIL MINUTES August 26,2014 ^/Joseph K.Gavinski,City Manager,stated that requiring members of aplanning commission to reside within a city's limits isa common requirement anditis unknown why that provision wasnotincluded for the City's Commissioners in thepast. Thetwo membersthatmay be appointed from within the urban growth area has never been invoked and those members would not have a vote. Mr.Voth provided information onothercommissions for the City which donotrequire residency.Healsofelt that ninemembers onthe Planning Commission wereenough butperhaps two ofthose should be allowed to reside outside the city limits ifthey own propertyor businesses within the City. Therewas discussion bythe Council onthe proposed residency requirements formembersofthe Planning Commissionand staffwas requested toamend the language to allow a business or propertyownertoserve. ORDINANCE -AMEND 3.30 -UTILITY OCCUPATIONALTAX- 1st READING An ordinance was presented which adds a time limitfor refunds on tax payments. The ordinance amending Chapter 3.30ofthe Moses Lake Municipal Codeentitled "Utility Occupational Tax" was read by title only. Katherine Kenison,City Attorney,explained the reasons for limiting the time a refund could be required for an overpayment on a voluntary tax payment. Action Taken:Mrs.Liebrechtmovedthatthefirstreadingofthe ordinance beadopted,seconded byMr.Lane, and passed unanimously. ORDINANCE - AMEND 8.28 -NOISE CONTROL -1st READING \^/Anordinance was presented whichexempts noise emanating fromtemporaryconstructionsites incommercial zones. The ordinance amending Chapter 8.26 ofthe Moses lake Municipal Code entitled"Noise Control"was read by title only. Joseph K.Gavinski, City Manager,stated that this amendment would address those situations where contractors have requested to work during night hours to facilitate construction work. Action Taken:Mr.Lane moved that the first reading of the ordinance be adopted,seconded by Mr.Avila,and passed unanimously. RESOLUTION -BUILD ON UNPLATTED PROPERTY -PERDUE A resolution was presented which would allow the construction of a 28,000 square foot facility to house a portion of the Sonico,Inc.facilityon property located at the corner of Patton Boulevard and Randolph Road. The resolution allowing William Perdue to build on unplatted property was read by title only. Joseph K.Gavinski, City Manager,stated that there is a requirement for the property to be platted within one year and the owner has no objections to that stipulation. Action Taken:Mr. Avila moved that the resolution be adopted,seconded by Mr.Lane,and passed unanimously. ^J RESOLUTION -NUISANCE ABATEMENT COSTS -2118 SPRUCE -PENCE A resolution was presented which authorizes staffto collect the funds expended for the nuisance abatement at 2118 Spruce.The property is owned by Lorance Pence. /H'u? /&(*-/-) 7525 CITY COUNCIL MINUTES August 26, 2014 The resolution establishing the billing to be imposed against Lorance Pence,as the owner of certain real propertyupon which the City caused abatement of a nuisance to be performed after a failure of the property owner to abate the same was read by title only. Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Voth, and passed unanimously. RESOLUTION -ANNEXATION POLICY A resolution was presentedwhich amends the policy with regard to the provision ofwaterand/or sewerutilities outside the corporate limits ofthe city by eliminating the time limitto connect up to nine residential lots to City services. The resolution repealing Resolution 3396 and adopting a new resolution setting forth a policywith regard to the provision of water and/or sewer utilities outside the corporate limits of the City and setting forth an annexation policy for the City of Moses Lake,Washington was read by title only. Joseph K.Gavinski,City Manager,stated that the change was suggested in order to accommodate those individual residential lots requesting city services.The two year time limit was mainly established for commercial and industrialusers who would request a large amount of the City's water and sewer capacity. The two year time limit prevents those users from essentially reserving that capacity fora long period of time without actually connecting to the City's services. Action Taken:Mr. Ecret moved that the resolution be adopted,seconded by Mr. Avila, and passed unanimously. RESOLUTION -ABANDON EASEMENT -KERANOV A resolution was presented which abandons a portion of the easements located along the rear and interior side lot lines of Lot 9,Block 1,Crossroads Phase 4,1625 E.Filmore Drive. The resolution authorizing abandonment of easements was read by title only. Anne Henning, Senior Planner,stated that the easements are not needed and the owners have requested that they be abandoned. Action Taken:Mr. Avila moved that the resolution be adopted,seconded by Mr.Voth,and passed unanimously. RESOLUTION -NUISANCE ABATEMENT -2404 LAKESIDE -GIBSON A resolution was provided which provides for the abatement of nuisances at2402W. Lakeside Drive,owned by Vona Gibson. The resolution determining that Vona Gibson is the 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 directingthe use of such forces to abate the nuisance found was read by titleonly. Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance violations. There was no other testimony.The hearing was closed. Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Avila,and passed f~\ unanimously. r^ n 7526 CITY COUNCIL MINUTES August 26,2014 ANNEXATION -DESERT GOLF Desert Golf,LLC submitteda Notice ofIntenttoAnnexand a Petition forAnnexation for 7.2acres of property located north of I-90 and off of Road F.2. Joseph K.Gavinski,City Manager,stated that this property is adjacent to the City's limits and the owner requires water service andis willing toannexthe property.He suggestedthatto expedite theannexation the Notice be receipted and accepted and the Petition be accepted. Action Taken:Mr.Lane moved that the Notice be receipted and accepted and the Petition be accepted, seconded by Mr.Avila,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 TRAFFIC CONTROL -IRONWOQD DRIVE Peter Stephens, 836 Plum Street, stated thathe isconcernedaboutthe drag racing that is taking placeon Ironwood Drive. Police Chief Ruffin stated that they would investigate the situation. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS SHORELINE MASTER PLAN UPDATE Anne Henning,Senior Planner, provided the Responsiveness Summary to the comments received on the Shoreline Master Plan Update.Once the Responsiveness Summary is accepted and the Shoreline Master Plan amended,the next step is for the Council to formally adopt the document. There was some discussion by the Council. Action Taken:Mr.Voth moved that the Shoreline Master Plan be forwarded to the Department of Ecology for approval,seconded by Mr.Lane,and passed unanimously. The regular meeting was recessed at 9:15 p.m.and the Council met in an executive session with the City Attorney to discuss labor relations.The executive session was adjourned at 9:45 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:45 p.m. ATTEST /)Dick Deane,Mayor