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2017 09 12MOSES LAKE CITY COUNCIL September 12, 2017 CALL TO ORDER: The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL: Executive Secretary Sophia Guerrero called the roll. The following were: Present: Mayor (Acting) Karen Liebrecht, and Council members Don Myers, Ryann Leonard, Mike Norman and David Curnel. PLEDGE OF ALLEGIANCE: Fire Chief, Brett Bastian, led the Council in the pledge of allegiance. SUMMARY REPORTS: MAYOR’S REPORTS •Proclamation – 2017 Lifetime Achievement was presented to Colonel (ret.) Clyde Owen and the Port of Moses Lake also presented a proclamation for his achievements. ADDITIONAL BUSINESS - None CITY MANAGER’S REPORTS New City Employee Introduction Spencer Grigg, Parks and Recreation Director, introduced Thomas Moschner as the new Parks Maintenance Worker for the Parks Department. Municipal Services Agreement – Colville Fuels Half Sun – Update City Manager, John Williams informed Council that the Municipal Services Agreement has been signed and accepted by Colville Fuels. The City is now providing Police and Fire coverage at that location as well as water and sewer. This process is now complete. CITIZEN’S COMMUNICATIONS – None CONSENT AGENDA a.Minutes: The minutes of the August 22, 2017 meeting were presented for approval b.Approval of Claims, Prepaid Claims, Checks, and Payroll: Vouchers audited andcertified by the Finance Director as required by RCW 42.24.080, and those expense reimbursement claims, certified as required by RCW 42.24.090, havebeen recorded on a listing which has been made available to the Council for approval and is retained for public inspection at the Civic Center. As ofSeptember 12, 2017 the Council does approve for payment claims in the amountof $1,110,893.19; prepaid claims in the amounts of $81,319.09, $13,552.52,$12,978.94, $7,633.91, and $348.00; claim checks in the amount of $1,129,183.24; and payroll in the amount of $405,736.45 and $3,498.60. 7846 CITY COUNCIL MINUTES – September 12, 2017 pg. 2 c.Resolution - Set Date for Public Hearing – Vacating Right of Way –Fig/Commercial Street A public hearing was set for October 10, 2017 to consider the Right of WayVacation on Fig and Commercial Street. d.Resolution – Abandonment of Easement – Dove Court Resolution No. 3693 was presented to Council which would abandon a portion ofa public utility easement on Lot 1, Block 2 of Bluff West Major Plat, 640 N. DoveCourt. A newly constructed roof eave encroached onto a portion of the rear yardpublic utility easement and the property owner requested to abandon the un-usedpublic utility easement. e.Resolution – Abandonment of Public Utility Easement – Pilgrim St Resolution No. 3694 was presented which would abandon a portion of publicutility easement located within Lot 2, Block 1, of the Pioneer Commercial Park 1st Addition Major Plat, 1530 S. Pilgrim. The property owner would like to construct abusiness office. The placement of the building slightly over the subject easementwould allow for maximum use of the proposed parking area and drive isle. Action Taken: Council Member Curnel moved that the Consent Agenda be approved, seconded by Council Member Leonard, and passed unanimously. PUBLIC HEARING #2 Six Year Transportation Improvement Program The City is required to present the Six Year Transportation to the public and allow comments to be heard and incorporated into the program. The Six Year TIP is then submitted to Regional, State, and Federal planning organizations to form lists of transportation needs. Only projects listed on the City TIP are eligible for Federal Funding. If a TIP is not approved, the City will not be eligible to receive any Federal transportation grants. Mayor Liebrecht opened the public hearing to take testimony from the public in regards to this matter. Public Testimony: Chuck Perry, 4180 W. Lakeshore Dr., Moses Lake, Washington Mr. Perry informed Council that his residence is located on the portion of Lakeshore Dr. that has not been completed for improvement. Mr. Perry wanted a confirmation from Council that this amendment to the 6 Year Transportation Improvement Program would cover this portion of Lakeshore Dr. and to also consider reducing the speed limit in this area. His primary concern is that there are too many drivers speeding in the area with children present. Mr. Perry also suggested a roundabout be placed to reduce speeding. Action Taken: Councilmember Curnel moved that the public hearing be closed, seconded by Councilmember Leonard, motion passed unanimously. A MOMENT OF SILENCE – Mayor Liebrecht asked everyone in the council chambers to give a moment of silence out of respect to the passing of the City of Moses Lake’s Human Resource Director, Richard Bisnett, who passed away on Friday, September 8, 2017. 7847 CITY COUNCIL MINUTES – September 12, 2017 pg. 3 NEW BUSINESS #3 Ordinance – Amend MLMC 1.20 Civil Code Enforcement City Attorney, Katherine Kenison gave a brief history on this agenda item. Council has had several discussions regarding its code enforcement process, enforcement priorities, penalties, and repeat offenders. Staff believes that the current practice of pursuing enforcement through administrative enforcement (notice of violation and order to correct) has been successful in addressing some code violations but has not been successful in other situations where a citation (ticket) might be more appropriate. The proposed ordinance amendments provide clarification to the enforcement process and include a graduated penalty schedule for repeat offenders. The amendments will provide staff with an alternate approach to addressing some of the code violations by establishing fixed penalty amounts for the issuance of citations which may not be waived, suspended, deferred, and/or reduced by the judge. Ms. Kenison also stated that this would be more efficient use of staff time and resources in code enforcement and the potential for more effective enforcement and voluntary compliance. There was some discussion by the Council. No other action taken. #4 Ordinance – Amend MLMC Chapter 8.52.050 Vehicle Repair – Residential City Attorney, Katherine Kenison asked Council to consider amending MLMC Chapter 8.52.050 to clarify the definition of “minor” so the infraction given for the violation of this code would be enforced. City ordinance prohibits vehicle and equipment repair on residential premises unless the vehicle/equipment is owned by an occupant or occupant’s family member and then subject to the following restrictions like “Work must occur within an enclosed structure or area screened from public view unless it is minor work and is done on a driveway or improved parking surface. This is a fairly common code violation and staff has encountered difficulty enforcing this code provision in municipal court. The municipal court judges have struggled with determining what constitutes “minor” work under section C of this ordinance. The amendment clarifies what constitutes “minor” work in an objective manner by defining it based upon time rather than the type of work. Under the amended code, “minor” work would be any work completed within 48 hours. There was some discussion by the Council. No other action taken. #5 Resolution – Petition to Withdraw from the Grant County Conservation District City Attorney, Katherine Kenison gave a brief explanation to Council the reason for her request to withdraw from the conservation district. The City has been in the Grant County Conservation District (GCCD) since 1975. The GCCD has never before imposed a flat rate, per parcel fee on the land within its District. Effective January 1, 2018, the GCCD will be imposing a $4.96 per parcel fee on every parcel of land within the City. Based upon information obtained from the GCCD, there appears to be little or no corresponding benefit of the services provided by the GCCD to parcels of land within the City. Based upon the information presented and GCCD’s answers to staff questions, it appeared questionable whether there was a corresponding benefit to the city and its property owners from the proposed rates and charges. Because of the additional monetary burden on Moses Lake parcels without a corresponding benefit, staff has prepared a proposed resolution petitioning to withdraw for the City Council’s consideration. 7848 CITY COUNCIL MINUTES – September 12, 2017 pg. 4 There was some discussion by the Council. Action Taken: Council Member Curnel moved to approve Resolution No. 3695 as presented, seconded by Council Member Norman, and passed unanimously. #6 Moses Lake Municipal Airport Leases City Attorney, Katherine Kenison asked Council to review and accept the proposed Municipal Airport Lease presented tonight. Ms. Kenison gives Council a brief overview of the lease situation at the Municipal Airport. The City owns and operates a municipal airport and has leased individual parcels to tenants for aviation-related uses. Some tenants have made improvements to the property over the years, such as a building or a hangar. These leases have not been reviewed and revised/updated since their original 1996 format. The leases need to be updated to bring them current with industry standards. Over the past several months, staff has been working with the airport commission and tenants to create a current inventory of the leased parcels and to develop an updated lease template. The insurance requirements have been updated to industry standards and in accordance with the City’s airport insurer’s recommendations. Coverage types will differ depending upon the use of the property and whether there are improvements on the parcel(s). Other provisions have been updated to include commercially reasonable terms, including better protection for the City as property owner from exposure to liability caused by tenant activities. Public Input: Daryl Jackson, 1501 E. Husky Dr., Moses Lake, WA Mr. Jackson spoke to Council about the insurance coverage requirements the City has imposed on Municipal Airport Lessees. Mr. Jackson is disputing the City’s requirement to have insurance coverage on an end-item on City property. He is also disputing the requirement for insurance coverage on experimental/light sport aircraft when no such coverage exists. Considerable discussion by Council. It was the consensus of the Council for City Staff to research insurance coverage on light sport/experimental aircraft with other Municipal Airports and bring back their findings at the next council meeting. Public Input: Micah Trautman, Basin Pacific Insurance, 1025 S. Pioneer Way, Moses Lake, WA Mr. Trautman stated that Mr. Daryl Jackson had concerns regarding Section 10 C. of the Municipal Airport Lease presented tonight. In the Lease, Section 10 C states: Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage described below: 1.Comprehensive General Liability insurance shall be at least as broad asInsurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. Any Lessee engaged in airframe and engine repair/maintenance shall include products liability and completed operations in the Comprehensive General Liability insurance coverage. The Lessor shall be named as an additional insured on Lessee's Comprehensive General Liability insurance policy using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing at least as broad coverage. Mr. Trautman also state that some commercial operators do not carry the products liability and completed operations in their Comprehensive General Liability insurance coverage. Mr. Trautman didn’t feel it necessary for the City to require this type of coverage on their lessees. There is no benefit in his opinion. City Staff will take into consideration Councils concerns regarding general liability insurance and bring back the lease for review and approval at the next council meeting. No other action taken. 7849 CITY COUNCIL MINUTES – September 12, 2017 pg. 5 #7 Request Plat Design Standard Deviation – McKean Preliminary Short Plat Deputy City Manager, Gilbert Alvarado presented this request from Columbia Northwest Engineering on behalf of property owners Jeromy and Rosario McKean to Council, to allow a deviation for the requirement to have minimum of (65) feet wide, at the building setback line and a deviation for the requirement to have a minimum of (100) feet depth. The subject property is located at 1048 W. Virginia Street. Mr. Alvarado explained the consideration for the plat deviation for a short plat between Virginia and Luta Streets would result in lots that would not meet the standards for lot depth, width or area in the R-1 Zone. However, the plat would create opportunity for infill in an area where the street pattern is already established. The McKean’s have been working with a builder who has developed small lots (approximately 5,699 SF) to find house plans suitable for small lots. Considerable discussion by the Council. Action Taken: Council Member Norman moved that the plat design standard deviation request be approved as presented, seconded by Council Member Curnel, and passed unanimously. #8 Request Sun Terrace Plat Extension – AHO Construction Deputy City Manager, Gilbert Alvarado presented this request from Mel Aho to Council. Aho Construction is requesting an extension to the Sun Terrace Major Preliminary Plat (s) No. 2, 3, 4, 5, 6, 7 and 8 as they are nearing expiring and becoming null and void. Mr. Aho cites slow market conditions for the reason that he is again requesting extensions to the Preliminary Plat(s). The City Council has previously granted extensions to the Sun Terrace developments, which are set to expire January 2018. The City Council currently has the authority to grant a one (1) time, three (3) year extension, which has already been extended to Aho Construction with the Sun Terrance development. Public Input: Jon Johnson, 5512 NE 109th Ct, Vancouver WA, AHO Construction Mr. Johnson gave a brief history and explanation for the need of an extension. Considerable discussion by the Council. Action Taken: Council Member Norman moved that the request be granted but also draft language allowing additional extensions, seconded by Council Member Curnel, and passed unanimously. #9 Request to Dispose – Surplus Items from Various City Departments City Manager, John Williams informed Council that after reviewing the agenda item, it was determined this agenda item needs to have a public hearing. Due to a lack of a surplus policy, this agenda item needs to be at the next council meeting as a public hearing in which a resolution will be presented declaring certain personal property surplus. Considerable discussion by Council. Action Taken: Council Member Leonard moved that a public hearing be set for September 26, 2017 to address the surplus items, seconded by Council Member Curnel, and passed unanimously. #10 Request for Sign/Rock Placement on Right of Way – Colville Fuels Deputy City Manager, Gilbert Alvarado informed Council that representatives from the Colville Fuels were unable to be present for tonight’s meeting and would like to reschedule for the September 26th meeting. 7850 CITY COUNCIL MINUTES – September 12, 2017 pg. 6 Considerable discussion by the Council. Action Taken: Council Member Leonard moved that this agenda item be tabled to the next council meeting on September 26, 2017, seconded by Council Member Curnel, and passed unanimously. ADMINISTRATIVE REPORTS K9 Program – Grant Request Police Chief, Kevin Fuhr informed Council the Moses Lake Police Department was eligible for a Justice Assistance Grant (JAG) in the amount of $10,813. They have applied for this grant and if chosen to receive, they would have 3 years to spend the funds. The funds would be allocated to the K9 program. This grant is available for public viewing at the Police Department. UGA Baker Development Agreement Deputy City Manager, Gil Alvarado informed Council of a project that he is working on with Maiers Development, Bob Fancher and Western Pacific Engineering. This project entails a development agreement where a form of government can enter with specific requirements for a project allowing them to move forward. The City was approached by a group with a marijuana growing operation located out by Nelson and Rd 7 (outside city limits), within the Urban Growth Area. It is not feasible for the City to extend city utilities to this area. Mr. Alvarado would like permission from the Council to enter into an agreement with Grant County and the developers to move forward under certain conditions and not prompt the idea of annexation. Considerable discussion by Council. Action Taken: Council Member Leonard moved to allow the City to enter into a development agreement with Grant County and the developer under certain conditions and not prompt the idea of annexation, seconded by Council Member Myer, and passed unanimously. COUNCIL COMMUNICATIONS AND REPORTS - None EXECUTIVE SESSION The regular meeting was recessed at 8.47 pm and the Council met in a 10 minute executive session, with the City Attorney and with no action to follow, to discuss the minimum price at which real estate will be offered for sale under RCW 42.30.110 (c). The executive session was adjourned at 8.58 pm and the regular meeting was reconvened. ADJOURNMENT: The regular meeting was adjourned at 8:58 pm. _________________________ Karen Liebrecht, Mayor (Acting) ATTEST ____________________________________ Cindy Jensen, Finance Director 7851