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2015 06 097621 MOSES LAKE CITY COUNCIL I J June 9,2015 CouncilPresent:DickDeane,Bill Ecret, Karen Liebrecht,DavidCurnel,Todd Voth,Jon Lane,and Jason Avila The meeting was called to order at 7 p.m. by Mayor Deane. PLEDGE OF ALLEGIANCE:Mayor Deane led the Council in the flag salute. PRESENTATION AND AWARDS EMPLOYEE OF THE YEAR -FIRE DEPARTMENT Tasyia Oliver,Clerk,was presentedwith a MosesLake Fire Department Employee oftheYearaward for her outstanding support and dedication to the Fire Department. EMPLOYEE PRESENTATION Building Maintenance Division:KristenTarakai and Alana Vega, janitors, were introduced to the Council. Fire Department: Robert Hecker, Firefighter/Paramedic,was introduced to the Council. Finance Department:Tanyaa Haines, Accountant, was introduced to the Council. Police Department:Tyler St.Onge,Police Officer, was introduced to the Council. CONSENT AGENDA I)Minutes: The minutes of the May26 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 recorded on a listingwhich has been made available to the Council for approval and is retained for public inspection at the Civic Center.As of June 9,2015 the Council does approve for payment claims in the amount of $374,749.17;prepaid claims in the amounts of $40,056.02;claim checks in the amount of $1,394,040.21;and payroll in the amounts of $332,118.16 and $4,180.01. Mr. Voth questioned the payment to Richard Teals. GilbertAlvarado, InterimCityManager,stated that Mr.Teals attended a conference for the Trails Planning Team but is not a member of the staff,commission,or council and the appropriateness of such reimbursements are being discussed with the City Attorney. Action Taken:Mr.Voth moved that the bills and checks be approved except for the claim of Richard Teals, seconded by Mr. Avila,and passed unanimously. Accept Work -Crack SealProject:Quality Paving,Inc.hascompleted the2015 Crack SealProject.The work /O/<?-/-/ should be accepted and the 60 day lien period entered into. Resolution -Apply for Grant -Municipal Airport:A resolution was presented which supports a grant /OOi? application to the Department ofTransportation,Aviation Division.The funds will be used toforengineering design services for a security fence and camera project. u ActionTaken:Mr.Voth moved that the Consent Agenda be approved,seconded by Mr.Avila,and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None /o/<% 7622 CITY COUNCIL MINUTES June 9, 2015 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS CONCESSIONS Daniel Rodelo requested permission to sell hot dogs at softball games on Tuesdays and Thursdays from his 3'x 5'cart for 2015 and 2016 at Larson Playfield and Lauzier Playfield. Spencer Grigg,Parks and Recreation Director,stated that the Cityis not operating its concession stands this year but have contracted to have concessions on the weekends.The request to sell hot dogs on Tuesdays and Thursdays would not conflict with any other concession sales at this time. There was some discussion and it was pointed out that the City may be operating the concession stands in 2016 and it was recommended that no action be taken for 2016. Action Taken:Mr.Ecret moved that permission be granted to Mr.Rodelo to sell hot dogs at Lauzier Athletic Field and Larson Playfield on Tuesdays and Thursdays during tournaments in 2015,seconded by Dr.Curnel, and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE - AMEND 8.14 -NUISANCES DEFINED -2ND READING An ordinance was presented which amends Chapter8.14,Nuisances Defined, to bring itinto compliance with the recently adopted Chapter 1.20,Civil Code Enforcement. The ordinance amending Chapter 8.14 ofthe Moses Lake Municipal Code entitled "Nuisance Defined"was read by title only. Action Taken:Dr.Curnel moved that the second reading of the ordinance be adopted,seconded by Mrs. Liebrecht,and passed unanimously. Jq$y ORDINANCE -CREATE 18.63 -VACATION RENTAL DWELLINGS -2nd READING An ordinancewas presented which creates Chapter 18.63,Vacation Rental Dwellings,which would permit the rental ofa single-family dwelling forless than thirty (30)days within all residential zoning districts. TheordinancecreatingChapter 18.63oftheMosesLakeMunicipal Codeentitled "Vacation Rental Dwellings" was read by title only. Gilbert Alvarado,Interim City Manager,stated that the ordinancehas been amended to include the person occupying theresidence as well as the property owner will receive a citation for anyviolations atthe property. Chris Ries,730 Laguna,stated that he is opposed to the vacation rentals in residential zones since the purpose ofthe residential zones isto preserve thoseareas for residential uses and vacation rentals would degradethose residential areas. Hefelt thatthe ordinance does notprotect the adjoining properties from any possible nuisanceand there is no remedy foranyviolation ofthe nuisance regulations. Ken Jorgensen,1016Laguna,pointed outthatzoning ordinances are intended tobe protective and allowing a commercial use in a residential zone creates a conflict. He felt that allowing vacation rentals would negatively impact the residential areas. Hequestioned whowas promoting theideaofvacation rentalssince residential property ownersare notin favor.Herequested that the Council notpass the ordinance. Debbie Doran-Martinez,Chamber of Commerce,stated that the stakeholders group discussed the issue of vacation rentals and felt that the pros outweighed the cons. Jonathan Smith, 1604 E. Truman, Grant County Economic Development Council,stated that the proposed ordinance does provide protections to the neighbors of a vacation rental and some commercial uses are allowed in residential zones.He was in favor of allowing the vacation rentals. n n r^ 7623 CITY COUNCIL MINUTES June9,2015 I)Jason Hall,471 Karl Road, stated that he operates vacation rentalsin Moses Pointeand the local manager ^**^has addressed the few concerns from the neighboring property owners.He mentioned that there is more demand than they can meet. Mrs.Liebrecht was concerned about the vacation rentals in a residential area and was opposed to this ordinance.She felt that it should be confined to a commercial area. Mr.Voth pointed outthatthe issue has been discussed for overa yearand hewas in favor ofthe ordinance. Mr.Lane feltthat the regulations address the majorityof the issues raised. Gilbert Alvarado,Interim City Manager,provided background on the development of the ordinance and explained the elements of the ordinance as proposed. MayorDeane requested clarification on the sprinkler systems and publicinput. BrettBastian,Acting Fire Chief,explainedthe different sprinkler and fire alarm system requirementsbetween hotel and motels and a residential dwelling. Mr.Ecret pointed outthatthe Council has discussed vacation dwellings at retreat and thatVision 2020 has been promoting the idea for several years and a greatdeal of work has been put into the drafting of this ordinance. Action Taken:Mr.Ecret moved that the ordinance be amended to include the following Add to 18.63.010,Definitions:I."Violation"means any violation by the owner orany occupant of any provisionof this chapter, any provisionof the Moses Lake Municipal Code, or any violation of state [^j law." and the second reading of theordinance be adopted,seconded by Mr.Voth, and passed with Mrs. Liebrecht, Mr.Lane,and Mayor Deane opposed. ORDINANCE -AMEND 3.62 -UTILITY SYSTEM DEVELOPMENT CHARGES -1st READING An ordinance was presented which increases the utility system development charges. The ordinance amending Chapter 3.62 of the Moses Lake Municipal Code entitled "Utility System Development Charges"was read by title only. Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Dr.Curnel, and passed unanimously. RESOLUTION -NUISANCE ABATEMENT -2004 LEANN AVENUE -WESTERMAN A resolution was provided which provides for the abatement of nuisances at 2004 Leann Avenue,owned by Garrett Westerman. The resolution determining that Garrett Westerman 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 directing the use of such forces to abate the nuisance found was read by title only. Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance violations. ^_J There was no other testimony.The hearing was closed. Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr. Avila, and passed unanimously. t/YLLf 119'/ 7624 CITY COUNCIL MINUTES June 9, 2015 REQUEST TO CALL FOR BIDS /03jf SEWER GENERATOR PROJECT ]£u^staff requested authorization to call for bids for the 2015 Sewer Generator Project.The project includes the replacement of standby power generators and automatic transfer switches at6 lift stations invarious locations and installation of a standby power generator and automatic transfer switch at the Sand Dunes Treatment Plant Lab building. Gary Harer,Municipal Services Director,stated that the existing generators are over 50 years old and replacement parts are no longer available. Action Taken:Dr.Curnel moved that staff be authorized to call for bids,seconded by Mr. Avila,and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION /13J FIRE DEPARTMENT -PERFORMANCE STANDARDS AND TRANSPORTS Gilbert Alvarado, Interim City Manager,stated that additional information on Fire Department performance standards was provided along with a map of the coverage areas and current response times and requested Council direction on how to proceed regarding the performance standards for the Fire Department. BrettBastian,Acting Fire Chief, provideda map showing the response times fordifferent areas ofthe Cityand provided the call data for 10,000 incidents.He pointed out that the Fire Departmentis able to meet the recommended performance standards amajority ofthe time.(~^ Katherine Kenison,CityAttorney,pointedoutthatthe intentofthe legislation on performancestandards isto set objectives and goals for the performance of the fire departmentand ambulance service and is not a standard by which liability is to be measured. There was considerable discussion on the response times and staffing needs of the Fire Department. Ryann Leonard,7662 Chanute,provided a Summary of the legislation concerning Fire Department Performance Standards and an except from the Comprehensive Plan dealing with fire and emergency facilities. It was the consensus of the Council that the performance standards provided by the Acting Fire Chief be broughtback to the Council for considerationof adoption. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS //39 AMBULANCE SERVICE Bill Foxley,1026 Garden Drive,felt that becauseofthe City's financial shortfall,perhaps the City should eliminate the ambulance service and allowa private company to provide that service. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS /o 9 FIRE DEPARTMENT Gilbert Alvarado,Interim CityManager,provided ananalysisofthe costs for outoftowntransportsbythe Fire Department. o r^ u CITY COUNCIL MINUTES 7625 June 9,2015 Bob Taylor,Finance Department,explained the information provided. There was considerable discussion on the maintenance costs,elimination of the day car,overtime costs,and the ambulance fee. VACANT LOTS GilbertAlvarado, InterimCityManager, provided information previously discussed on the clean up of vacant lots and pointed out the difficulties in addressing the weeds on vacant lots. Mr.Ecret feltthat the existing ordinance dealing withweeds and other nuisances does not have enough force behind it and felt that a field trip and a study session on the issue would be helpful. Mr. Alvarado explained the difficulty with enforcing the current nuisance ordinance and the need to shorten the time frame for enforcement. Katherine Kenison, CityAttorney,stated that sending code enforcement cases through the Superior Court system rather than having the Council deal withthem would shorten the time for the violatorto comply. There was some discussion on the numberofcode enforcement cases and the difficulty indealing without-of- town property owners. Itwas the consensus of the Council that information be provided on how well the city matches with othercities of the same size with regard to code enforcement. BUILDING ACTIVITY REPORT The May Building Activity Report was provided. The regular meeting was adjourned at 10 p.m. ATTEST Dick Deane,Mayor 1/97 /Q&Q-d