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2015 11 10u u 7678 MOSES LAKE CITY COUNCIL November 10,2015 Council Present:DickDeane,Bill Ecret,Karen Liebrecht, Todd Voth,DavidCurnel, Jon Lane, and Jason Avila The meeting was called to order at 7 p.m. by Mayor Deane. PLEDGEOF ALLEGIANCE:Fernando Graray,highschool student, led the Councilinthe flag salute. PRESENTATION AND AWARDS Fire Department: Simon Rillera,Firefighter/Paramedic, was introduced to the Council. Parks and Recreation Department:Philip Hanson,Jr., Parks MaintenanceTechnician,was introduced tothe Council. PoliceDepartment:Captain Mike Williams,PoliceDepartment,was introducedto the Council. CONSENT AGENDA Minutes:The minutes of the October 27 meeting were presented for approval. Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance Director as required byRCW42.24.080, and those expense reimbursement claims,certified as required by RCW42.24.090, have been recorded on a listing whichhas been made availableto the Council forapproval and is retained forpublicinspection at the Civic Center. As of November 10,2015 the Council does approve forpaymentclaimsintheamountof$1,195,974.76;prepaidclaimsintheamountof$56,223.27;claimchecks inthe amount of $593,042.18;and payrollinthe amounts of $1,577.41 and $297,212.04. Poth Preliminary Maior Plat 1and Findings ofFact:Mark Poth submitted anapplication for a preliminary plat //<£(? to subdivide 4.4 acres into 10 residential lots.The site is located east of Peninsula Drive,south of the south end of Lakeside Dive,and north of Lower Peninsula Park.The site is zoned R-1,Single Family Residential, whichcorresponds withthe underlyingComprehensive Plan Land Use Designation ofLowDensityResidential. Adeviation was requested to end Lakeside Drive ina cul-de-sac instead of continuing itto the property line. The cul-de-sac diameter proposed requires a deviation. The Planning Commission recommended that the preliminary plat be approved with conditions. Resolution -AcceptEasement-Inspire/Washington State Migrant Council:Aresolution was presented which ZO/3 accepts an access easement for Lot 2,Hardenburgh Short Plat No. 1. Resolution -Accept Improvements -Grace Harvest Church Maior Plat:Aresolution was presented which //c^£ accepts the street and utility improvements constructed as part of the Grace Harvest Church Major Plat. Resolution -Accept Improvements -Bernhardt Maior Plat:Aresolution was presented which accepts the //dC? street and utility improvements constructed as part of the Bernhardt Major Plat. Accept Work -Stratford Road Sidewalk Project -2014:Moreno & Nelson Construction Corporation has /Oj/6" completed the Stratford Road Sidewalk Project 2015.The work should be accepted and the 60 day lien period entered into. ActionTaken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Avila,and passed unanimously. COMMISSION APPOINTMENTS -None i^J CONSIDERATION OF BIDS AND QUOTES -None 7679 CITY COUNCIL MINUTES November10, 2015 PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ^ !)}(?-/)BUILD ON UNPLATTED PROPERTY -PENHALLURICK Richard Penhallurick requested permission to build on his unplatted property behind WalMart. GilbertAlvarado,Interim CityManager, reminded the Councilthat Mr.Penhallurick requested permission to buildon this unplatted property inJuly of 2015.He pointed out that the property does not have direct access onto any right-of-way and the Council requested clarification of the access and the construction that would take place on the property. An easement has been recorded with the county and the Council determined that only mini storage would be allowed to be constructed on the property. There was some discussion by the Council. Action Taken:Mr.Ecret moved that the request to build on unplatted propertybe granted,seconded by Mrs. Liebrecht,and passed unanimously. ORDINANCES AND RESOLUTIONS /DjO'6 ORDINANCES -TAXATION -2nd READINGS Ordinanceswere presented which fixthe estimated amountto be received by the Cityfrom property taxes and sets the tax levy rate. The ordinancefixing the 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.Ecretmovedthat the second readingofthe ordinance be adopted,seconded by Mr.Avila,/"""N and passed unanimously. Theordinancefixingthe estimated amountto 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. Avila moved thatthe second reading of the ordinance be adopted,seconded by Mr.Lane, and passed unanimously. )0$l ORDINANCES -AMEND 17.12 -MAJOR SUBDIVISIONS -2ND READING An ordinancewas presented which amends Moses Lake Municipal Code Chapter 17.12,Major Subdivisions, in order to bring itinto compliance with state law concerning the time limita final subdivision is vested. Theordinance amending Chapter 17.12of the Moses Lake Municipal Code entitled "Major Subdivisions"was read by title only. Action Taken:Dr.Curnel moved thatthe second reading of the ordinance be adopted,seconded by Mr.Ecret, and passed unanimously. jOlO ORDINANCE -AMEND BUDGET -2nd READING An ordinance was presented which amends the 2015 budget. The ordinance amending the 2015 budget for the City of Moses Lake,Washington was read by title only. Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,seconded by Mr.Lane,and passed unanimously.f0**) 7680 CITY COUNCIL MINUTES November 10,2015 (£>ORDINANCE -CREATE 6.07 -CHICKENS -1st READING A draftordinancewas presented whichwouldregulatethe keeping of chickens inthe City. The ordinance creating Chapter 6.07oftheMoses Lake Municipal Codeentitled "Chickens"was read bytitle only. Gilbert Alvarado,Interim City Manager,gave some background onthe regulations provided. Katherine Kenison,City Attorney,statedthat requiring a license will give the City the authority to enterthe premises ifa complaint is received.She suggested that ifthe Council is inclined to view the keeping of chickens ona trial basisthata sunsetclause be placedinthe ordinanceso thatcitizensinterestedinkeeping chickens realize that permission could be rescinded. Laura Lutz,714S.Barbara,requestedthatthenumberofchickens allowed be increased to6,the 15'setback be reduced. Mayor Deane stated thathe has received comments about the dust,lice on chickens,smell,flies,other objectionable issues that come with keeping chickens. Mrs.Kenison pointed outthatunderstate law a dangerousdog includesa dogthat kills a domestic animal unprovoked while offofits premises.The City prohibits the keeping of dangerous dogs. She recommended thatthe public be made aware that should adog kill a chicken,itwould require the removal ofthe dog from the City's jurisdiction. Mr.Voth stated that he was in favor of allowing the keeping of chickens. M Ryann Leonard,907Sand DuneRoad,felt thatthe 15'setback from the property line isextreme andwanted to know the reasons forkeeping the coops 51 fromother structures,prohibiting the slaughtering of chickens, and the yearly fee. Mrs.Liebrechtwas in favor ofthe ordinance but felt that it should bea one time fee and that the sunsetclause should be included. Action Taken:Mr.Ecret moved that theordinance be amended to change the annual license fee to a one time fee of $50, and include a sunset clause,seconded by Mr.Voth, and passed with Mr.Lane and Mayor Deane opposed as everyone he has talked to is opposed to allowing the keeping of chickens inthe City's limits and Mayor Deane pointed out that only one persons has requested permission to raise chickens . //^7 RESOLUTION -NUISANCE ABATEMENT -2404 W.LAKESIDE A resolution was presented which provides for the abatement of nuisances at 2404 W.Lakeside,owned by the Vona M.Gibson Estate. Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance violations. There was no other testimony.The hearing was closed. The resolution determining that Vona M.Gibson Est 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. Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr. Avila, and passed vj unanimously. 7681 CITY COUNCIL MINUTES November 10,2015 lOV0>RESOLUTION -ACCEPT DONATION -MOSES LAKE STEEL f-S Aresolution was presentedwhich accepts a connex valued at $2,500 for the Police Department.Theconnex will be located at the Ephrata PoliceDepartment Range and will be used tostore targets and range supplies. The resolutionaccepting a donation to the Moses Lake Police Department was read bytitleonly. Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Dr.Curnel, and passed unanimously. //W REQUEST TO CALL FOR BIDS WELL DRILLING PROJECT -2015 Staffrequested authorization tocallforbidsforthe 2015 Well Drilling Project.Thisprojectconsistsofdrilling three shallow groundwater wells that will potentially be used for potable water and an alternate for one well for irrigating approximately 95 acres at the Sand Dunes Treatment Plant. Gary Harer,Municipal Services Director,explainedthatthe shallowwellsare a pilot project because the deep water wells are not recharging.The wells will be monitored because a shallow well is susceptible to contaminates.He mentioned that the wells will be about 90'deep. There was considerable discussion by the Council. ActionTaken:Mr.Lane moved that the request be granted seconded byDr.Curnel,and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION //<£(p MORGAN PRELIMINARY MAJOR PLAT APPROVAL -EXTENSION Columbia Northwest Engineering,representing the Morgan Preliminary Major Plat,requested an extension of the preliminary plat approval. Gilbert Alvarado,Interim City Manager,gave the background on the preliminary plat and information has been provided that there is activity on the plat. LarryAngell,Columbia Northwest Engineering,pointed out that this plat wascaught inthe housing recession but the owner has been attempting to proceed with the project and explained the progress. Action Taken:Mr.Ecret moved that the request for an extension of the preliminary plat approval be granted, seconded by Mr.Voth, and passed unanimously. //£(,PLATTING DEEMED INSUFFICIENT - NORTHTERRACE #2 Barbara Steen submitted a buildingpermit application for Lot22, Block9, North Terrace #2,located at 558 CanterburyLane,whichare isa legally plattedparcel,and requested a waiverofthe requiredimprovements. GilbertAlvarado,Interim CityManager, mentioned that property platted years ago was not required to install municipal improvements that are now required with current plats. Inorder to rectify the deficiencies, staff cannot issue a building permit for improvements on insufficiently platted property unless the properties are broughtintoconformance with thecurrent codes orthe City Council grants a waiver,deferral,or deviation from the requirements to install the deficient plat improvements.He mentioned that if the Council approves a ^^^ waiver,covenant additional improvements would be required of the owner.{] Action Taken:Mr.Voth moved thatthe request be granted withthe stipulation that a covenant be required for construction of the improvements inthe future,seconded by Mr.Ecret, and passed unanimously. n 7682 CITY COUNCIL MINUTES November 10,2015 NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS GRANT COUNTY HEALTH DISTRICT Teresa Adkinson,GrantCountyHealthDistrict,1038W.Ivy,stated thattheydepend onfunding from thecities and counties to address health issues. GilbertAlvarado,Interim City manager, mentioned thatthe request forfunding from the Health District will be discussed during budget study sessions. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS /CSO'/'I BUILDING ACTIVITY REPORT The October Building Activity Report was provided. EXECUTIVE SESSION The regular meeting was adjourned at 8:40 p.m. and the Councilmet ina 20 minuteexecutive session with the City Attorney under RCW 42.30.110(1)(G) and (I)to discuss potential litigation and to evaluate qualifications ofapplicantfor public employment. At9:04 p.m. the Council requested an additional5 minute executive session.The executive session was adjourned at 9:10 p.m.and the regular meeting was reconvened.The regular meeting was adjourned at 9:10 p.m. ATTEST //-—-tO Dick Deane,Mayor V\^.Robert Taylor,Fiparice Director ^ JO/O