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2015 06 237626 MOSES LAKE CITY COUNCIL I)June 23,2015 Council Present:Dick Deane,Bill Ecret, Karen Liebrecht,David Curnel,ToddVoth,Jon Lane,and Jason Avila The meeting was called to order at 7 p.m.by Mayor Deane. PLEDGE OF ALLEGIANCE:Conner Johnson led the Council in the flag salute. PRESENTATION AND AWARDS -None CONSENT AGENDA Minutes:The minutes of the June 9 meeting were presented for approval. 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, certifiedas required by RCW42.24.090,have been recorded on a listingwhich has been made availableto the Council forapproval and is retained for public inspection at the Civic Center.As of June 23,2015 the Council does approve for payment claims inthe amount of $439,128.98;prepaidclaims inthe amounts of $9,751.52 and $76,115.15; claim checks in the amount of $1,073,240.05;and payroll in the amount of $352,793.17. Resolution -Abandon Easement -Penn Plaza:Aresolution was presented which abandons an easement /0/3 located on the Penn Plaza #4 Short Plat. Resolution -AcceptEasement-Crittenden 2nd Addition Maior Plat:Aresolution waspresented which accepts /O/^ a utility access easement from Odell and Sandra Crittenden for Parcel C,Crittenden 2nd Addition Major Plat, Lot 1,Block 3, Industrial Binding Site Plan. <J Action Taken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Avila, and passed unanimously. COMMISSION APPOINTMENTS -None CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS REQUEST TO USE CITY PROPERTY -TRILLIUM WAY _-_ Jolene Gruver, 505 S.Trillium Way,requested the closure of Trillium Way betweenWapato Driveand Everett Place on Saturday,July 4 from 3 p.m. to midnight. Danielle Svilar,504S.Trillium,statedthattheyare planning a neighborhood block party to celebrate the 4th of July. Action Taken:Dr.Curnel moved that the request be granted,seconded by Mrs.Liebrecht, and passed unanimously. VACATE RIGHT-OF-WAY -GRANT In 2014 Boyd Grant requested the vacation of the right-of-way on Lot6, Replat of Lots 8 and 10,Block4, Moses Lake Industrial Park Plat.He objected to the amount of the appraised value of the propertyprovided in June 2014 and requested reconsideration of the appraised value. ^J Gilbert Alvarado,Interim City Manager,stated that staff did an analysis ofthe value ofthe adjacent parcels and determined the value of the vacated property was $1.50 a square foot.The City required one half of the value of the property which came to $9,065. toe? /111? 7627 CITY COUNCILMINUTES June 23, 2015 Kevin Burgess,representing Mr.Grant,stated that the price ofthe lot when purchased was $.90 asquare foot /""^ and the value placed on the right-of-way by the City was $1.50 asquare foot.Mr.Grant did not feel he should ' have to pay more for the vacated area than the rest of the property. He pointed outthat the vacated area will be used as an access between the two lots owned by Mr.Grant and no development will take place because of the 150'canal easement to the west. There was some discussion on the proposal. Action Taken:Mr.Voth moved that the cost ofthe vacated property be set at $.45 per square foot,seconded by Mr.Lane, and passed with Mayor Deane opposed as he felt the cost should be one half the value as determined by the City. ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 3.62 -UTILITY SYSTEM DEVELOPMENT CHARGES -2ND READING An ordinance was presented which increases the utilitysystem 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.Avila moved that the second reading ofthe ordinance be adopted,seconded by Mr.Lane, and passed unanimously. /O&Y ORDINANCE -AMEND 18.40 -INDUSTRIAL ZONES -1ST READING An ordinancewas presentedwhich would allowtowing servicesand vehicle impound yards inthe Moses Lake Industrial Park Zone.(**} The ordinance amending Chapter 18.40 of the Moses Lake Municipal Code entitled "Industrial Zones"was read by title only. Gilbert Alvarado, Interim City Manager,explained the background of the request for the amendment.He pointed out that the change only affects the Moses Lake Industrial Park Zone because towing and impound yards are already allowed in the lightand heavy industrial zones. Action Taken:Mr.Lane moved thatthe first reading ofthe ordinance be adopted,seconded by Mr.Avila,and passed unanimously. //39 RESOLUTION -FIRE DEPARTMENT PERFORMANCE STANDARDS A resolution was presented which adopts performance standards for the Fire Department.The adoption of standards for the Fire Department are mandated by the legislature but in establishing the performance measures the legislature did not intend to modify or limitthe authority of cities to set levels of service. The resolution adopting the performance policy,standards,and objectives outlined in Revised Code of Washington (RCW)35A.92 as Moses Lake FireDepartment's emergency responsetime objectives was read by title only. Katherine Kenison,City Attorney,mentioned that the criteria adopted by the Council is to be evaluated on an annual basisto determine whether or not they are being metand what modifications may be necessary.She mentioned that to date there has been no formal complaint or challenge to any jurisdiction's performance criteria that has resulted in a court finding thatthere is a legal responsibility to maintain and meetthe adopted performanceobjectives.Itwas not the intentofthe legislature to create any additional liability forjurisdictions. 7628 CITY COUNCIL MINUTES June 23,2015 M Brett Bastian,Acting Fire Chief,stated thateventually a third fire stationwill beneeded atthe north end ofthe City because itis difficult to meetthe response time criteria.At thistimethe call volume is low in thatarea so there is time to research the best location for an additional station. Mr.Ecret pointed out that performancestandards are a partofthe City's ComprehensivePlan as well as required by the legislature. Action Taken:Mr.Ecret moved that the resolutionbe adopted,seconded by Dr.Curnel,and passed with Mr. Laneopposed as hefeltthe newCity Managerand newCouncil membersshouldbe involved inthe decision on the performance standards. RESOLUTION -ACCEPT DONATION -BUDU RACING Aresolution was presented which accepts a donationof$800 from Budu Racing.The funds will be used by the Parks and Recreation Department for recreational programs. The resolution accepting a cash donationof$800 from Rory and Deanna Muller of Budu Racing,LLC was read by title only. ActionTaken; Dr. Curnel moved that the resolution be adopted,seconded by Mrs. Liebrecht, and passed unanimously. RESOLUTION -NUISANCE ABATEMENT -2404 LAKESIDE -GIBSON Aresolution was presented which providesforthe abatement ofnuisances at 2404Lakeside,ownedbyVona M.Gibson Estate. i^J The resolution determining that Vona M.Gibson Est is the is the owner of certain real property within the City; that a nuisance requiring abatement byCityforces or forces contracted bythe City exists on such property; and directing the use of such forces to abate the nuisance found was read bytitleonly. 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.Voth moved that the resolution be adopted,seconded by Mr.Avila,and passed unanimously. RESOLUTION -NUISANCE ABATEMENT -814 FAIRBANKS -JANKE Aresolution was presented which provides fortheabatement ofnuisances at814 Fairbanks,ownedbyMark A.Janke. The resolution determining that Mark A.Janke isthe isthe ownerofcertainreal property within the City;that a nuisance requiring abatement byCity forces orforces contracted bythe City existson such property;and directing the use ofsuch forces to abate the nuisance foundwas read by title only. Katherine Kenison,City Attorney,requested thatthe hearing be continued tothe next meeting because the Code Enforcement Officer involved in this case is not in attendance due to an illness. Action Taken:Mr.Voth moved thatconsideration of the nuisance abatementbe continued to the nextCouncil meeting,seconded by Mr.Lane, and passed unanimously. ^J REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None /€></(? //9 7 //?7 7629 CITY COUNCIL MINUTES June 23, 2015 OTHER ITEMS FOR COUNCIL CONSIDERATION lOOl RESIDENTIAL ZONING CODE -AMENDMENT Paul Klingeman on behalf of Vern's Meats,requested permission to use cargo containers as storage units at 2721 Peninsula.This property is in a residential zone which prohibits cargo containers. Gilbert Alvarado, Interim City Manager,gave the background on the use of cargo containers in the City. He pointed out that Vern's Meats is a non-conforming use and is reviewed every two years for compliance with the conditions placed on this non-conforming use.Currently they are using 7 old commercial trucks for storage and they are basically trying to clean up that area.Staff is not infavor of amending the zoning code because itwould affect all residential zones and not just this property.IfCouncil is in favor of this request, a public hearing would be held in front of the Planning Commission on the issue of improving this non conforming use. Paul Klingeman,2916 Road 12.8,Ephrata,owner of the property,stated that he would like to remove the storage boxes and pour a 48' x 38'concrete slab to house 3 cargo containers which will be used for storage. Action Taken:Mr.Voth moved that it be remanded to the Planning Commission,seconded by Mr. Avila,and passed unanimously. //£[?PLATTING DEEMED INSUFFICIENT -SUNCREST RESORT MAJOR PLAT Mitchand Marilyn Molitor submitted a buildingpermit application forSuncrest Resort MajorPlat located at 303 Hansen Road,which is a legally platted parcel and requested a waiver of the required improvements. Gilbert Alvarado,Community Development Director,mentioned that property platted years ago was not required to install municipal improvements that are now required with current plats.In order to rectify the f^\ deficiencies,staffcannot issue a building permitfor improvements on insufficiently platted property unless the properties are brought into conformance withthe current codes or the CityCouncil grants a waiver,deferral, or deviation from the requirements to install the deficient plat improvements.He mentioned that ifthe Council approves a waiver,covenant additional improvements would be required of the owner. Mitch Molitor,4101 W.Peninsula,mentioned thatthe only improvements notinstalled at the time the property was platted was sidewalks,curb,and gutter.He pointed out that the closest sidewalk is over one and half miles away and would a waiver is being requested rather than a deferral because with a deferral a covenant for future improvements is placed on the property which makes it more difficultto sell. No action was taken by the Council. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS //39 FIRE DEPARTMENT Troy Hesse,Firefighter,stated that the EMS Task Force has recommended four changes to further address theissues regarding the City's Fire Department.The first one was the adoption of the performance standards, which was done.The other changes include adding to MLMC 2.30 three definitions with regard to transports and including an exception to provide that Moses Lake's Fire Department willprovide out-of-town emergent transports undercertain conditions;elimination of the day car and thetwo single role positions associated with it;and elimination of the out-of-town transports.He mentioned that the out-of-town transports contribute to the overtime costs at the Fire Department.He explained the advantageous of the proposed changes. Gilbert Alvarado,Interim City Manager,gave some background on the issue for the Council. There was considerable discussion about the costs and benefits of the changes.f) o 7630 CITY COUNCIL MINUTES June23,2015 ^)Staffwas directed to review the Memorandum of Understanding with the Fire Department for the elimination of the day car service and to report to Council at the next meeting.. MOSES LAKE YOUTH HOCKEY Debbie Talbot, Moses Lake Youth Hockey Association,requested that the ice rinkbe opened again forthe coming season. COUNCIL QUESTIONS AND COMMENTS CODE ENFORCEMENT Mayor Deane requested the back ground on the code enforcement program. GilbertAlvarado,Interim CityManager, stated thatthe Code Enforcement Officers handle about 3,600 cases a year.Atone timethe Code EnforcementOfficerswould patrol the neighborhoodslooking for violations but because of the concern of the residents the policywas changed to respond on a complaint basis. Mayor Deane felt thatCity employees shouldbe encouragedto report any violations they noticein the course of their regular work. Mr.Alvaradostated that he would discuss the issuewiththe Department Directorsto see howsuch a program would impact their staff. CITY MANAGER REPORTS AND COMMENTS CITY MANAGER RECRUITMENT ^J u Gilbert Alvarado,Interim City Manager,statedthatasa result ofthe interviews by Prothman with Council and staff,aschedule has been drafted for the recruitment ofa new City Manager.He pointed outthatthe Council hasyetto review thedraft ofthe profile and felt that another weekmaybe needed before the profile is ready and advertising can begin. There was considerable discussion and itwas the consensus of the Council to add an additional week and have two community meetings. FINANCIAL UPDATE Gilbert Alvarado,Interim City Manager,reported onthe City's finances for the first half ofthe year.He also pointed out that the Grant County Assessors Office did not include certain new construction projects and values within the tax reporting period so the City did notreceivethe property taxes for those project. Bob Taylor,Finance Director,stated that the City is in contact with the County Assessor about this issue and should receive some information by mid-August. It was the consensus ofthe Council thata letter,signed bythe entireCouncil,be sent tothe Assessor about this issue and thatthe junior taxing districts should also be made awareof the issue. FIREWORKS Gilbert Alvarado,Interim City Manager,statedthatthe Farmer's Market has provided the25%down payment for the4th of July fireworks display butthere isstill about $12,000 that is owing.The Farmer's Market is still soliciting funds buthave provided noinformation tothe City no how much hasbeen raised.He pointed out that the City will be required to cover any shortfall. //?<? /J 97 /O/x //3b /&?cP /O o i*39 /003 7631 CITY COUNCIL MINUTES June 23,2015 WCIA OPEN PUBLIC MEETINGS TRAINING Gilbert Alvarado,Interim City Manager,stated that WCIA will provide Open Public Meetings Act training at a cost of between 33,500 to $4,000.The training would be a study session with a WCIA attorney. It was the consensus of the Council to hold the training after the new Council members are elected. AMBULANCE REPORT The cash report on the ambulance operations for the month of May was provided, INVESTMENT REPORT The City received $16,311.31 in investment income for May 2015. SALES TAX/TRANSIENT RENTAL INCOME The City received $471,251.00 in sales tax and $37,172.22 in transient rental income in May. The regular meeting was recessed at 9:40 p.m.and the Council met in a 10 minute executive session with the City Attorney to discuss an employee performance evaluation.The executive session was adjourned at 9:50 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:50 p.m. ATTEST SBc^/^ Dick Deane,Mayor TjUM W.Robert Taylor,Fipanbe Director ~ ' n