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2015 03 10u 7581 MOSES LAKE CITY COUNCIL March 10,2015 Council Present:Dick Deane,BillEcret,Karen Liebrecht,Jon Lane,David Curnel,Todd Voth,and Jason Avila The meeting was called to order at 7 p.m. by Mayor Deane. PLEDGE OF ALLEGIANCE:Tony St.Onge,teacher,led the Council in the flag salute. PRESENTATION AND AWARDS EMPLOYEES OF THE YEAR -POLICE DEPARTMENT Tina Jewel,Clerk, Curt Ledeboer,Police Officer, and Tyler St.Onge,Reserve Police Officer were presented with Employee ofthe Year awards for outstanding service to the Police Department. CONSENT AGENDA Minutes:The minutes of the February 24 meeting were presented for approval. Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance Director as required by RCW42.24.080,and those expense reimbursement claims,certified as required by RCW 42.24.090,have been recorded on a listingwhich has been made available to the Council forapproval and is retained for public inspection at the Civic Center.As of March 10,2015 the Council does approve for payment claims inthe amountof $577,991.58;prepaid claims in the amounts of $45,674.63 and $15,354.07; claim checks in the amount of $496,802.05;and payrollin the amounts of $312,637157 and $3,878.67. Resolution -Accept Easement -Nichols:A resolution was presented which accepts an easement from the /£)/3 l j Estate of Joan Nichols for municipal purposes as part ofthe Stratford Road Sidewalk Project. Action Taken:Mr.Voth moved that the Consent Agenda be approved,seconded by Mr.Avila, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES CRACK SEAL PROJECT The City received two bids forthe 2015 Crack Seal Project. This project includes sealing approximately 500,000'of cracks in streets,alleys, bike paths, and parking lots throughout the City. Action Taken:Mrs.Liebrecht moved that the bid be awarded to Quality Paving,Inc.in the amount of $138,578,seconded by Dr.Curnel,and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS GRANT COUNTY FAIRGROUNDS -ANNEXATION The Grant County Commissioners requested the GrantCounty Fairgrounds be allowed to connect to City sewer without the requirement to annex the propertyas the Citycould obtain a sewer lineand an interlocal agreement could be signed to address any concerns of the City. Joseph K.Gavinski,City Manager, provided information showing that of 20 fairgrounds,the Grant County Fairgroundsisthe onlyone served bya septic system,a memo fromthe Municipal Services Director outlining I)the problems with accepting a sewer line on private property,andmaps showing the existing septicsystem on the fairgrounds,and the fairgrounds propertyin relation to the City's limits. He mentioned that should the Council consider the request from Grant County, the City's annexation policyshould be amended and that would eliminate any need for an interlocal agreement. /O/A IOI9-/-) /osp 7582 CITY COUNCIL MINUTES March 10,2015 Gary Harer,Municipal Services Director,pointed out that the sewer line being offered to the City is over one f} half mile long and is located on the fairgrounds.The line zigzags between the buildings which would make itdifficultforthe maintenancevehicles to maneuveraround.There have been problems inthe pastwith items being placed on a sewer easement which makes it difficult to provide maintenance or to respond to an emergency.He feltthat sewer lines should be inthe right-of-way so that the City does not have to enter onto private property, and so the public can report any problems in a timely manner. Jon Smith,246 Northshore,encouraged the County and City to work toward a solution that would allow the fairgrounds to receive City sewer without the requirement to annex. Debbie Doran-Martinez,Chamber of Commerce,supported the County's position of allowing the fairgrounds to connect to City sewer without annexation. Action Taken:Mr.Ecret moved that the annexation policy be amended to exempt the Grant County Fairgrounds from annexation in order to connect to City sewer,seconded by Mr.Voth. Mr.Lane read a statement expressing his thoughts concerning the proposal to construct sewer lagoons ina residential area,the problems with abrogating the annexation policy,and the benefits to the fairgrounds with annexation and connection to City sewer. Mr. Ecret felt that the annexation policy could be and should be amended howeverthe Council feels best to address the concerns of the County with annexation. Mrs. Liebrecht stated that she agreed with the statements of Mr.Lane and pointed out that ifan exemption is given to the County other entities will also request the same exemption.She also pointed out that the Municipal Code could be amended to allowthe fairgrounds to continue and that hooking up to City sewer would be the best option in the long run for both the City and County. Mr.Voth stated that he was in favor of amending the annexation policy so that the County can continue to operate the fairground as in the past. Dr.Curnel pointed out that staff has some concerns about the logistics of having a sewer line in private property and the maintenance of that line and that should be considered prior to any decisions about the annexation policy. Mr.Gavinskipointedoutthatany Council member couldrequest thatan amendmenttothe annexation policy be drafted and presented for discussion by the entire Council.He felt that the sewer issue should not be a part of a possible annexation policy change as they are two separate issues. Mayor Deane pointed out that the fairgrounds was included in the City's UGA which meant that it would eventually be annexed into the City and the County approved the UGA. He pointed out that a number of county fairgrounds are inside a city's limits. He mentioned a numberof County offices that are also within the City and felt that the annexation policy should remain intact. There was some discussion and staff was directed to provide an amended annexation policy. The motion and second were withdrawn. ORDINANCES AND RESOLUTIONS /lu?0 ORDINANCE -REPEAL 6.05 AND CREATE NEW ANIMAL CONTROL CHAPTERS - 1st READING Anordinancewas presented whichrepealsChapter6.05,Animal Control,andadopts new chapters dealing with animal control. The ordinance repealing Chapter 6.05 titled "Animal Control"and adopting new Chapters 6.02 titled "Definitions",6.04 titled"License Requirements",6.06 titled"Rabies Control",6.08 titled"Impounds",6.10 titled "Dangerous Dog and Potentially Dangerous Dog",6.14 titled "Miscellaneous Provisions",6.16 titled "Exotic Animals", and 6.18 titled"Penalties and Enforcement"was read by titleonly. n n 7583 CITY COUNCIL MINUTES March 10,2015 I )Joseph K.Gavinski,City Manager,explainedthe changes made to the proposed regulations as follows: 6.04.030 -delete the first sentence and replace itwith "The license fee foralldogs shall be inthe sum often dollars ($10)per year". 6.08.010 D.3.-delete 6.10.120 -include in the penalty - Permitting an animal to bite or injure - first offense (6.14.090)- C-7 -$200 each subsequent offense -C-4 -$500 Failure to obtain an exotic animal license (6.16.090)-C-4 -$500 Mrs.Liebrecht felt that items G and I in 6.04.020 should be deleted as veterinary records and injuryand sickness reports should not be required to obtain a license. Action Taken:Mrs.Liebrecht moved that the ordinance be amended as proposed by the City Manager and delete 6.04.020 G and I,seconded by Mr. Lane,and passed unanimously. ORDINANCE -AMEND 17.12 -MAJOR SUBDIVISIONS -1st READING An ordinance was presented which changes the preliminary platapproval period from 7 years to 5 years to comply with state law. The ordinanceamending Chapter 17.12ofthe Moses Lake Municipal Code entitled "Major Subdivisions"was read by title only. Gilbert Alvarado,Community DevelopmentDirector,gavethe history ofthe preliminary plat review period and [)pointed outthatthe statutedoes givea citythe ability to increasethe one yearextension period. Mel Aho,Aho Construction,explained thatone ofthe reasons forrequesting atime extension for a preliminary plat is the slow recovery of the housing market. There was some discussion about the extension time forthe preliminary plats and itwas the consensus of the Council that a one time three yearextension should be allowed witha provision that ifthe Community Standards change,the platshould have to meet the new standards.. Action Taken:Mr.Voth moved that the ordinance be amended to allow for a one time three year extension period andthe provision thatthe plat mustmeet current development standards,andthatthe first reading of the ordinance be adopted,seconded by Mr.Avila,and passed unanimously. ORDINANCE -CREATE 18.53 - VACATION RENTAL DWELLINGS - 1st READING An ordinance was presented which would permit the rental ofasingle family dwelling for less than thirty days within all residential zoning districts. Theordinance creating Chapter 18.63 oftheMosesLake Municipal Codeentitled "Vacation Rental Dwellings" was read by title only. Gilbert Alvarado,Community Development Director,stated that the Planning Commission considered comments from the Building Official andthestakeholdersgroup concerning vacation dwellings.Hementioned thatthe fire sprinkler system isthe main issue with the vacation dwelling units.Hegave some background onthe requirements ofdifferent jurisdictions with regard tothe sprinkler issue. He mentioned thatitisstaffs position thatthe vacation dwelling units should be required to install a fire sprinkler system buthe contacted the City's insurance carrier to obtain their opinion.The insurance carrier statedthatitisa legal question and [^J they will be investigating the issue. Debbie Doran-Martinez,Chamber of Commerce,provided information concerningthe issue ofthe sprinkler system.She was in favorof allowing vacation rentals. /Of/ /osV //<?D 7584 CITY COUNCILMINUTES March 10,2015 There was some discussion and it was the consensus of the Council that additional discussion is needed on {**} the sprinkler issue and the penalties should be changed to include a written warning for the first offense,a penalty for the second offense,and revocation of the permit for the third offense. Action Taken:Mr.Voth moved that the first reading of the ordinance be tabled,seconded by Mrs.Liebrecht, and passed unanimously. ORDINANCE -HANSEN ZONE CHANGE -1st READING An ordinance was presented which would rezone 20.5 acres of property owned by Mick Hansen from C-2, General Commercial and Business to Light Industrial.The property is located south of I-90 across from the Moses Lake Country Club. Gilbert Alvarado,Community Development Director,stated that the property has been designated Industrial in the Comprehensive Plan and the zone change will bring the property into compliance with the Comprehensive Plan. Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Dr.Curnel, and passed unanimously. /0V6?RESOLUTION -ACCEPT DONATION A resolution was presented which accepts a donation from John Laughery and Pipe Fitters Local Pasco of 51 new bicycles and helmets to be given to designated children in programs sponsored by the Police and Parks and Recreation Departments. The resolution accepting a donation to the Moses Lake Police Department and the Parks and Recreation Department was read by title only.(**} Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mrs.Liebrecht,and passed unanimously. H<?7 RESOLUTION -NUISANCE ABATEMENT COSTS -2003 BEAUMONT -MARKOVA LIVING TRUST A resolution was presented which affirms the Council's prior authorization to staff to collect the funds expended for the nuisance abatement at 2003 Beaumont,owned by Markova Living Trust. The resolution establishing the billingto be imposed against Markova Living Trust as the owner ofcertain real property upon 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.Avila moved that the resolution be adopted,seconded by Mr. Lane,and passed unanimously. REQUEST TO CALL FOR BIDS (ILpCs LARSON WATER IMPROVEMENT PROJECT Staff requested authorization to call for bids for the 2015 Larson Water Improvements.This project includes replacing hydrants,installing valves,installing pads,and associated work on the existing water mains in the Larson area. Action Taken:Dr.Curnel moved that staff be authorized to call forbids,seconded by Mr.Avila, and passed unanimously. n u u u 7585 CITY COUNCIL MINUTES March 10,2015 REFERRALS FROM COMMISSIONS CRAIG'S 1st SHORT PLAT -DEFERRAL Craig Jungers requested a deferral of street and utility improvements for a proposed one lot short plat located at 720 Burgess Avenue.The plat has been submitted but the sidewalk,curb,and gutter do not meet current standards so a deferral has been requested to delay those improvements untilafter construction. Gilbert Alvarado,Community Development Director,explained that an existing garage burnt down and the property owner wished to reconstructthe garage.There was no dwelling unit on the lot and the City requires that a lot have a dwelling unit as a primary use in a residential zone.The owner is in the process of platting the property, which requires that improvements meetcurrent code.The curb and gutter do not meet current standards so a requestfor a deferral has been requested.The Planning Commission recommended that the deferral be granted with the stipulation that the City repair or replace the curb. Kevin Richards,Western Pacific Engineering,on behalf of the owner,stated that in order to comply with existing requirements,the owner had to plat the property and establish a dwelling unit and connect to City utilities. Adeferral of the required improvements is being requested until after the construction is completed. Action Taken:Mrs.Liebrecht moved that the deferral be granted with the stipulation that the City repair or replace the curb,seconded by Mr.Lane,and passed unanimously. OTHER ITEMS FOR COUNCIL CONSIDERATION WESTERN DISPLAY FIREWORKS Authorization was requested for the City Manager to sign a base contract and a supplemental contract with Western Display Fireworks forthe 4lh ofJuly fireworks display. Joseph K.Gavinski, City Manager,reminded the Council that due to budget constraints the Farmer's Market has offered to raise the funds forthe 4th of July fireworks display.The Farmer's Markethas not officially notified the Citythat the funds have been raised but Western Fireworks Display needs the contracts in order to start their planning process.He mentioned that the contracts can be held until contact can be made with the Farmer's Market to check the status of the funding. Action Taken:Dr.Curnel moved that the City Manager be authorized to sign the contracts,seconded by Mr. Lane,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS FIRE DEPARTMENT Mr.Ecret requested information on performance standards of the Fire Department. Brett Bastian,Asst. Fire Chief,stated that the Department has drafted performance standards which could be provided to the Council. He mentioned that the legislature passed a bill in 2005 that provides that local jurisdictions could adopt Fire Department performance standards so that the actual performance could be measured to see how effective a fire department is and report that to the state. Joseph K.Gavinski, CityManager, pointed out that Moses Lake isa code cityand the statutedoes not require a code city to report to the state.He mentioned that performance standards have not previously been adopted. Staffwas requested to provide performance standards for the Fire Department. //•?£ /OJP //39 7586 CITY COUNCIL MINUTES March 10. 2015 //<?.VACANT LOTS Mr.Ecret mentioned thatthe Grant County Conservation District has a program to seed vacant lots with native grasses.The property owner would pay 50%of the cost.He felt this would be a good alternative to spraying or moving the weeds. It was the consensus of the Council that the Grant County Conservation District attend a Council meeting to discuss the program. CITY MANAGER REPORTS AND COMMENTS /^OO BONDS Joseph K.Gavinski,City Manager,provided a reportfrom Standard and Poor's Ratings Service which affirmed the City's rating of AA- for the City's water and sewer bonds. //3J AMBULANCE REPORT The cash report on the ambulance operations for the month of February was provided. BUILDING ACTIVITY REPORT The February Building Activity Report was provided. PROJECTS UPDATE Gilbert Alvarado,Community Development Director,provided a list of current development projects. The regular meeting was adjourned at 9:45 p.m. Dick Deane,Mayor W°Robert Taylor,finance Director ^y ~