2015 10 277672
MOSES LAKE CITY COUNCIL
()October 27,2015
Council Present:Dick Deane,Bill Ecret,Karen Liebrecht,Todd Voth,David Curnel,JonLane,and JasonAvila
The meeting was calledto orderat 7 p.m.byMayor Deane.
PLEDGE OF ALLEGIANCE:Dr. Curnel led the Council inthe flag salute.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes ofthe October 13 meetingwere presented forapproval.
Minutes:The minutes ofthe October 22 special meeting werepresentedforapproval.
Approval ofClaims.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 listing which has been made available to the Council for approval
and is retained for public inspection atthe Civic Center.As of October 27,2015 the Council does approveforpaymentclaimsintheamountof$331,116.41;prepaid claims in the amount of $214,456.48 and
$17,640.70;claim checks in the amount of $1,431,542.52;and payroll in the amount of $305,459.06.
Parkview PUD Major Plat and Findings of Fact:Smith Martin LLC submitted an application for afinal planned //P^
unit development and plat for 21 townhouses,garages,and redevelopment of the existing building for offices
on the ground floor and apartments on the second floor.The site is located at922/928 Division Street and
is zoned R-3.Multi-Family Residential,which corresponds with the underlying Comprehensive Plan Land Use
M Designation of High Density Residential.The Planning Commission recommended that the final plat and
planned unitdevelopment be approved with conditions.
Resolution -Accept Easement -Dept.of Natural Resources:Aresolution was presented which accepts a ZO/3
municipal easement on Road Nfrom the Dept.of Natural Resources for a public road and adjacent storm
water retention pond.
Accept Easement -Upper Columbia Corp of 7th Dav Adventist:Aresolution was presented which accepts an /O / 3
access easement for municipal purposes on Lot 1,Crestview Christian School Major Plat.
Resolution - Accept Improvements -Crossroads Park: A resolution was presented which accepts the //^^~
improvements constructed in Crossroads Park.
Action Taken:Mr.Ecretmovedthatthe ConsentAgendabe approved,seconded byMr.Lane,and passed
unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ORDINANCES -TAXATION -1st READINGS/PUBLIC HEARING
Ordinances were presented which fix theestimated amount tobereceived by theCity from property taxesand
sets the tax levy rate.
^J The public hearing was opened.There were no comments.
Action Taken:Mr.Ecret moved that the public hearing be closed,seconded by Dr.Curnel,and passed
unanimously.
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CITY COUNCIL MINUTES October 27,2015
Bob Taylor,Finance Director,explained the ordinances for the Council./"^
The ordinance fixing the amountto bereceived for municipal purposes from taxations on assessed valuations
on property within the City of Moses Lake,Washington for 2016 was read by title only.
ActionTaken:Mr.Lane moved that the first reading of the ordinance be adopted,seconded by Mr.Avila,and
passed unanimously.
The ordinance fixing the estimated amount to be received for municipal purposes from taxations on assessed
valuations on property within the City of Moses Lake,Washington for 2016 was read by title only.
Action Taken:Mr.Ecret moved that the first reading ofthe ordinance be adopted,seconded by Mr.Voth,and
passed unanimously.
APPEAL -CODE ENFORCEMENT -SKAUG
Eric Skaug,Skaug Brothers Investment Co.,has appealed the Notice to Correct forthe repair of the sidewalk
at 223 E. Third Avenue in order to provide a temporary fix.
Mr.Skaug stated that there is a small amount of the sidewalk that is in need of repair at this time but the City
is requiring the sidewalk on Third Street and Balsam to be repaired.Since this is in the paver district, a
permanent fix would include pavers,landscaping,and irrigation. He pointed out that originally the property
ownerwould pay fora concrete sidewalk and the City covered the cost of the pavers.Currently the property
owners are expected to cover the entire cost.He felt that the downtown paver project as a whole needs to
be re-evaluated.
Gilbert Alvarado,Interim City Manager,reminded the Council that the paver project as a whole is not under
consideration at this time and that there is a need to repair this area ofthe sidewalk.The staff feels that the /*~^
request to do a temporary repair is reasonable.
Action Taken:Mr.Ecret movedthat the requestto usea temporary fixon thesidewalkbeapproved,seconded
by Mr.Avila, and passed unanimously.
COMMUNICATION -DALLUGE
Elisia Dalluge,211 E.7th Avenue #18,stated thatshe has been reviewing the City ordinanceswith regard to
gender neutral languageand Council stipends. She suggested thatthe languageinthe Municipal Code be
changedtobecome gender neutral.She also felt thatthe stipends for the Mayor and Council members need
to be reviewed to allow for reimbursement forallthe meetings they attend instead of limiting itto 10 meetings
and that all meetings that the Council members attend should be noted.
Gilbert Alvarado,Interim CityManager,stated thatthe gender neutral change is an easy fix.He distributed
the policy on meetings which establishes a process for per meeting stipend and noted that there is no
requirementfor a Council member to report every meeting attended.
WATER/SEWER SERVICE -AEROTECH
Matt Davis,Manager,Aerotec,requested permissiontoconnect sixtemporaryportable office trailers to City
water and sewer without the requirement to annex.The City's annexation policy does not allow for the
connection of temporary structures to the City's services.
Mr.Davis statedthatthe portable officetrailers will accommodate the Mitsubishi personnelandwill be located
east of the new Aerotec warehouse.Each office will house about 50 personnel and there will also be two
smallertrailers to house the restrooms and cafeteria.He stated that they are not intended to be permanent
andthe City serviceswould only be needed from aboutJanuary 2016toJune 2019.()
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CITY COUNCIL MINUTES October 27,2015
I )Gilbert Alvarado,Interim City Manager,stated that it isthe understanding ofstaff thatthe trailers will be in
—place for three years and then the service will be terminated.The issue is that the current policy does not
address temporary connections.He recommended that,if the Council were to agree to the request,the
annexation policy stay the same and staff work on changes to the municipal code to allow for temporary
connections to the water and sewer systems.
Action Taken:Mrs.Liebrecht moved thatstaff amend themunicipal codeto allow for a temporary connection
tothe City's water and sewer systems,seconded by Mr.Lane,and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCES -AMEND 17.12 -MAJOR SUBDIVISIONS - 1st READING
An ordinance was presented which amends Moses Lake Municipal Code Chapter 17.12,Major Subdivisions,
in order to bring it into compliance with state law concerning the time limit a final subdivision is vested.
The ordinance amending Chapter 17.12 of the Moses Lake Municipal Code entitled "Major Subdivisions"was
read by title only.
Action Taken:Dr.Curnel moved that thefirst reading oftheordinance beadopted,seconded by Mr.Avila,and
passed unanimously.
ORDINANCE - AMEND BUDGET -1st READING
An ordinance was presented which amends the 2015 budget.
The ordinance amending the 2015 budget for the City ofMoses Lake,Washington was read by title only.
Ryann Leonard,907 Sand Dune,requested an explanation of the beginning and ending fund balances.
Bob Taylor,Finance Director,stated that the beginning fund balance reflects the cash position of the account
at the beginning ofyearandthe ending fund balance reflects the expenditures for the year.
Action Taken:Mrs.Liebrecht moved that the first reading ofthe ordinance be adopted,seconded by Dr.
Curnel,and passed unanimously.
ORDINANCE - CREATE 6.07 - CHICKENS -1st READING
Adraftordinancewas presented which would regulatethe keepingofchickens inthe City.
Gilbert Alvarado,Interim City Manager,stated thatthedraftordinanceisthesame as the City ofSoap Lake.
The ordinanceis presented due to the request ofa citizen ofthe City.Hestated that Mr.Voth provided a
definition ofthe male and female chicken under one year oldand some clarification will need to be made on
the definition ofthechickento specifically prohibit malechickens. Hewentoversome ofthe provisions ofthe
ordinance.
Mr.Voth stated that he providedthe dictionarydefinition ofa male chicken and a female chicken under one
year old.Hesuggested thatthe requirement fora newcoop licenseifthe location ofthecoopischanged be
eliminated since some of the coops are mobile.
Mr.Ecret suggested that language be includedas to where and howthe coop should be constructed.
KatherineKenison,City Attorney,mentionedthatthe statedefinition ofa dangerous dog providesthat anytime
a dog goes offits propertyand kills a domestic animalitis bylawa dangerous dog. The City does not allow^)dangerous dogs in the City limits.She pointed out that even the most calm,friendly dogs have a propensity
to chase small active animals.Ifa dog is off its property and kills a chicken, even ifthat chicken is outside
its coop, that dog is considered a dangerous dog and ifthe owner wishes to keep the dog they have to go
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CITY COUNCILMINUTES October 27,2015
through the onerous state requirements including registeringthe dog as dangerous,procure a surety bond,/""N
homeowners insurance,put it in a six sided kennel,and it cannot be removed from the kennel unless it ison '
a muzzle and restrained by a leash.She suggested that if the Council moves forward with the chicken
ordinance that there be a component of public education and awareness.
Mayor Deane stated that the majority of people he has talked to are opposed to having chickens in the City
limits.
Mrs.Liebrecht was in favor of allowing the chickens because of the numberof requests to have chickens but
suggested that a sunset clause be included in the ordinance.
Mr.Voth stated that he was in favor of allowing chickens as it would allow members of the 4-H and FFA to
raise them for the fair as well as those who want to keep them for eggs.
Mr.Ecret stated that he was also in favor ofthe ordinance but suggested thatthe fee be reviewed and include
the sunset clause.
Itwas the consensus of the Council that staff amend the ordinance and bring it back for a first reading.
RESOLUTION -NUISANCE ABATEMENT -945 BALSAM
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A resolution was presented which provides for the abatement of nuisances at 945 S.Balsam owned by Juan
P.and Paula S.Duran.
Rick Rodriguez,Code Enforcement Officer,was sworn inand provided testimony concerning the nuisance
violations.
There was no other testimony.The hearing was closed./""^
The resolution determining that Juan P.and Paula S. Duranare the owners 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.
Action Taken:Mr.Avila moved that the resolution be adopted,seconded by Mr.Voth,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
BLOCK WATCH -DRUG ACTIVITY
JonSmith,246 Northshore,statedthatthereisaresidenceinthe neighborhood thathas on-going drug activity
for 30 yearswhichhas ledto negative impacts inthe area.
HUNTING
Austin Sandman,3179 Westshore, stated thathe farms property in Cascade Valley thatis within the City's
limits and onwhich heis growing grass for seed. The problem isthere are2,000 geese onthe property and
the non-lethal methods to scare them awayonlydo so temporarily.The only permanent solutionto getting
rid ofthe geese is to hunt them.He requested that the Council allow an exception in order to allowing hunting f*)
in the City limits.
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CITY COUNCIL MINUTES
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October 27,2015
Gilbert Alvarado, interim City Manager,stated that banning hunting inthe Citylimits goes back to 1981 and
was based on complaints about hunting on Marsh Island. He pointed out that the area was annexed with the
intent by a developer to extend water and sewer across the lake but that has not happened.The City does
not allowfarming but because itwas previously farmed itwas felt that the land could be farmed again. He
mentioned that there is a problem with the geese.
Therewas some discussion and itwas the consensus of the Council thatthe hunting of geeseon this property
be allowed by family members only.
Action Taken:Mr.Lane moved that staff be directed to resolve the issue and any enforcement be stayed,
seconded by Mr. Avila,and passed unanimously.
BENNY'S TIRES -LANDSCAPING
BenitoLopez,818 S. Fairbanks,stated that he has constructed a newbuilding on Block Street and requested
that the required beautificationbe delayed until after streets and sidewalks are constructed.
GilbertAlvarado,Interim CityManager,stated that the constructionofa new building triggersthe requirement
forstreet frontage landscaping.The street frontage landscaping includesa 10'wide street buffer and if the
trees are plantedbeforethe street isconstructed, the trees will probably have to be removed. The Planning
Commission does not have the authority to defer the required landscaping.
There was some discussion and it was the consensus of the Council that the landscaping ordinance be
reviewedand the requirementfor street frontage landscaping at 124 N.Block be deferred.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
AMBULANCE SERVICE
Gilbert Alvarado,Interim City Manager,distributed a copy of a report from the Fire Chief regarding the
ambulance service.
PROJECTS UPDATE
Gilbert Alvarado,Interim City Manager,provided a listofthe on-going projectsinthe City.
QUARTERLY FINANCIAL REPORT
The 2015 thirdquarter financial report has been posted on the City'swebsite.
INVESTMENT REPORT
The City received $19,365.54 in investmentincomefor September 2015.
SALES TAX/TRANSIENT RENTAL INCOME
TheCity received $508,956.66 in sales taxand $61,340.66 in transient rental income in September.
BUDGET
Gilbert Alvarado,Interim City Manager,statedthat information will beprovided tothe Council aboutthe budget
process.
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CITY COUNCIL MINUTES October 27,2015
CITY MANAGER RECRUITMENT //f"^
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Katherine Kenison, CityAttorney,went over several ofthe provisions of the employment contract forthe new
City Manager.
There was some discussion by the Council on the residency requirements and the severance package.
Action Taken:Mr,Lane moved that the employment agreement be approved as presented,seconded by Mr.
Avilaand passed with Dr.Curnel and Mr.Voth opposed as they felt the severance package provision should
be amended.
The regular meeting was adjourned at 9:10 p.m.
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Dick Deane,Mayor
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