2011 09 137199
MOSES LAKE CITY COUNCIL
I )September 13,2011
Council Present: Jon Lane, Dick Deane ,Karen Liebrecht, David Curnel, Richard Pearce,Brent
Reese,and Bill Ecret
The meeting was called to order at 7 p.m. by Mayor Lane.
PLEDGE OF ALLEGIANCE: Cub Scout Pack 98 led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the August 23,2011 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified bythe
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 at city hall.As of
September 13,2011 the Councildoes approve forpayment claimsinthe amount of $3,513,139.35;
prepaid claims in the amounts of $92,272.86 AND $62,194.76;claim checks in the amount of
$997,884.31;and payroll in the amounts of $4,714.52 and $368,467.77.
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Accept Work -Stormwater Decant Facility Project -2011:Central Washington Excavation has //3 7
completed work on the Stormwater Decant Facility Project.The work should be accepted and the
45 day lien period entered into.
AcceptWork-Alley Reconstruction Project 2011:Advanced Excavation has completed work on /0/?
the 2011 Alley Reconstruction Project.The work should be accepted and the 45 day lien period
entered into.
Resolution -AcceptEasement-SGLAutomotive Carbon Fibers.LLC:A resolution was presented /0/3
which accepts an easement from SGL Automotive Carbon Fibers, LLCwhich grants the Citythe
rightto access water meters and fire hydrants on a portion of the SGL Carbon FiberShort Plat
located on Randolph Road
Resolution -Accept Grant -Police Department:A resolution was presented which acceptsa justice //7 f
assistance grantinthe amount of $11,400.The funds will be used by the Police Departmentto
purchase two video surveillance cameras as well as accessories to transmit and record.
Industrial Waste Discharge Permit -Americold Corporation:Authorization was requested for the JOS^
City Manager to signan industrial waste discharge permit for Amiercold Corporation.
Nuisance Abatement:The Council should setSeptember 27 as the date to consider a resolution //O -ptoabatenuisancesat210Vine,1151 Grand,and 502 Kentucky./
Action Taken:Mr.Reese moved that theConsent Agenda be approved,seconded by Dr.Curnel,
and passed unanimously.
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CITY COUNCIL MINUTES September 13,2011
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
•/0</0v4 LANDSCAPING PROJECT 2011
The City received two bids for the 2011 Landscaping Project.This project consists of installing
landscaping along Road 4 at the Operations Facility.
Action Taken:Mr.Pearce moved that the bid be awarded to Tatum's Lawn Care in the amount of
$21,818,seconded by Mr.Ecret,and passed unanimously.
lOlff CIVIC CENTER PARKING LOT AND LANDSCAPING PROJECT 2011
The City received four bids for the 2011 Civic Center Parking Lotand Landscaping Project.This
project consists of constructing of two parking lots at the intersection of Balsam Street and Fourth
Avenue,constructing a roundabout at the intersection,installing paversidewalks, and installing
landscaping and irrigation systems for the Civic Center area.
Action Taken:Mrs.Liebrecht moved that the bid be awarded to Oceanside Construction in the
amount of $864,300,seconded by Mr.Deane, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/Of?ORDINANCE -ALLEY VACATION -ALANIS -1st READING AND PUBLIC HEARING (T*)
An ordinance was presented which provides for the vacation of a portion of the alley adjacent to
the westerly lot line of Lot 27, Broadripple Addition No.1.The lot is owned by Miguel Alanis and
is located on Ashley Way.
The ordinance vacating a portion of an alley was read by title only.
Gilbert Alvarado,Community Development Director,stated that Mr.Alanis has provided
construction plans fora home on this lot.The construction plans have been approved.He pointed
out that the alley on the rear of the property has not been constructed.Vacating 3'of this 20'
unimproved alley will allow Mr.Alanis to adjust the location of his home and will provide the City
better access to existing facilities in an already vacated alley and easement on the north side of
the property. He mentioned that CenturyLink has requested an easement be maintained over the
3' of vacated alley as they have ariel service in this area. No structures or fences will be
constructed over the vacated alley as the 3'is only needed for setback purposes.
The public hearing was opened.
ActionTaken:Mr.Pearce moved the publichearingbe closed,seconded by Mr.Ecret,and passed
unanimously.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
Mrs. Liebrecht, and passed unanimously.
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CITY COUNCIL MINUTES September 13,2011
COMMUNICATION -JON SMITH
Jon Smith requestedtime beforethe Council to speak ona numberof issues including left turns
from Stratford into Walgreens,the Dutch Brothers proposed windmill nearthe intersection of
Broadway and Alder,trees in the downtown area, etc.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 16.36 -FIRE CODE - 2nd READING
An ordinance was presented which rectifies a conflict concerning connectionson fire hydrants.
One section requires connections to be fitted with metal,screw-in type caps and another section
requires connections tobe fitted with Knox locking caps.The Knox locking caps are the preferred
requirement so the metal screw-inconnection has been eliminated.
The ordinance amending Chapter 16.36of the Moses Lake Municipal Code entitled "Fire Code"
was read by title only.
ActionTaken:Mr.Pearce moved that the second readingofthe ordinancebe adopted,seconded
by Dr. Curnel,and passed unanimously.
ORDINANCE -AMEND 16.48 -FIRE HYDRANTS - 2nd READING
An ordinance was presented which clarifies the ownership of fire hydrants for identification
I )purposes as well as for annual testing and maintenance requirements.
The ordinance amending Chapter 16.48 ofthe Moses Lake Municipal Code entitled "Fire Hydrants"
was read by title only.
Action Taken:Dr.Curnel moved that the second reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
ORDINANCE -MORATORIUM ON MEDICAL MARIJUANA GARDENS -1st READING
An ordinance was presented which establishes a moratorium on the establishment of "collective
gardens" for the medical use of marijuana.The moratorium is for the purpose of giving the City
time to establish performance standards forsuch gardens as allowed by the recent passage of a
bill by the state legislature allowing for collective gardens for the medical use of marijuana.
The interim ordinance of the City of Moses Lake adopting a moratorium on the establishment of
medical marijuana collective gardens,defining "medical marijuana collective gardens"; providing
for a public hearing;establishing an effective date, and providing that the moratorium,unless
extended,will sunset within six (6)months of the date of adoption was read by title only.
Gilbert Alvarado,Community Development Director, provided background on the laws pertaining
to the use of medical marijuana.
Katherine Kenison,City Attorney, pointed out that one of the problems is the fact that while the
state has legalized the use of medical marijuana, itis still illegal under the controlled substances
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CITY COUNCIL MINUTES September 13,2011
act at the federal level.She mentioned that the bill raises many questions about the regulation of (T)
these collective gardens and it puts the local jurisdictions in adifficult position.'
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Mr.
Deane,and passed unanimously.
/117 RESOLUTION - ACCEPTGRANT- CROSSWALK ON STRATFORD
A resolutionwas presented which accepts a $150,000 grant from the Department of Transportation
for the installation of a pedestrian crossing on Stratford Road near Knolls Vista Drive.
The resolution accepting a grant to the Cityof Moses Lake from the Washington State Department
of Transportation was read by title only.
Gary Harer,Municipal Services Director,explained that the project will consist of a pedestrian
crossing on Stratford Road and safety improvements to the intersection of Stratford Road and
Knolls Vista Drive.
There was some discussion by the Council.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Deane,and
passed unanimously.
1197 RESOLUTION -NUISANCE ABATEMENT -818 SAGE BAY DRIVE
A resolution was presentedwhichprovides for the abatement ofnuisances at 818 Sage Bay Drive.
The property is owned by EMC Mortgage Corp for FISTax.
The resolution determining that EMC Mortgage Corp for FIS TAX is the owner of certain real
property within the City;thata nuisance requiring abatement by City forces orforces contracted
bythe City existson such property;and directing the use of such forces to abate the nuisance
found was read by title only.
Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this
issue.He mentioned that there has been no response from the property owners to any of the
notices provided bythe city and noneofthe nuisanceshave been corrected.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted,seconded by Mr.Pearce,and
passed unanimously.
//?7 RESOLUTION -NUISANCE ABATEMENT -1230 W.BROADWAY
A resolution was presentedwhich provides for the abatement ofnuisances at 1230W.Broadway.
The property is owned by Joli Pesek.
The resolutiondeterminingthat Joli Pesek isthe owner of certainrealpropertywithin the City;that
a nuisance requiring abatement by City forces or forces contracted by the City exists on such
property;and directing the use ofsuch forces to abatethe nuisance found was read by title only.
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CITY COUNCIL MINUTES September 13,2011
M Gilbert Alvarado,Community Development Director,mentioned thatthe owner of this property is
^"^a repeat offender and has been through the process before.
Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this
issue.
Action Taken:Mr.Reese moved that the resolution be adopted, seconded by Mr.Ecret,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
GROUP B WATER SYSTEM -MORGAN TRACTS
A Group Bwater system was requested to serve the Morgan Tracts Unit 1,Short Plat,Replat of
a portion ofLot 8 instead ofconnecting totheCity's water system.The existing exempt well on the
original Lot 8,Morgan Tracts Unit 1 Short Plat would serve thethree proposed lots.The property
is within the City's UGA and water service area.The nearest city water main is approximately
3,500 feet to the north.
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Gary Harer,Municipal Services Director,stated that additional information hasbeenobtained and
the on-site well is considered an allowed well.
ActionTaken:Mrs.Liebrechtmoved that the request be granted,seconded by Mr.Reese,and
passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
EDC FUNDING -AEROSPACE ASSESSMENT
Jon Lane,Mayor,stated that theWashington Aerospace Partnership has requested help infunding
an aerospace assessment by a national consulting firmand to mount a lobbying/PR campaign for
promotion purposes necessary to maintain and increase aerospace activities within Washington
State,including convincing Boeing to locate their next endeavor in the state.The cost of the
assessmentis $600,000.The Grant County EDC and theGrant County Commissioners have each
contributed $5,000 and the Port of Moses Lake has committed $10,000.The request is forthe City
to also contribute $5,000 towards this study.
Action Taken:Mr.Pearce moved that $5,000 be provided to the Grant County EDC forthis project,
seconded by Dr.Curnel.
There was considerable discussion by the Council and Mr.Ecret and Mrs.Liebrecht felt that
additional information is needed before a decision is made.
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CITY COUNCIL MINUTES September 13,2011
The motion passed with Mr.Ecret and Mrs.Liebrecht opposed.
CITY MANAGER REPORTS AND COMMENTS
///U>AIR FORCE -TAKE OFF AND APPROACH CHANGES - DRAFT EIS
Joseph K.Gavinski, City Manager,provided The Notice of Availability of the Draft Environmental
Assessment for the proposed changes inthe C-17 flight training operations at the Grant County
International Airport.He mentioned that this is an assessment of the change in the C-17 flight
training operations which potentially could include aircraft coming in faster and at lower altitudes
which could increase the noise level.
Mr.Pearce stated that there are rules that prohibit airplanes from exceeding 250 knots below
10,000 feet but the armed services need to practice sharp high speed turns for use in landing
planes near hostile territory in times of war. He explained that in order to break the federal aviation
rules by going over 250 knots, the Air force is required to go through this process.
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The Council had no objections to the proposed changes in the flight training operations.
PROPERTY TAX RATES
Joseph K.Gavinski,City Manager,provided a comparison of the tax levy for 2010 and 2011.It
shows that the tax rates are slightly less in the City than in the county.
/C03 INVESTMENT REPORT •*>
The City received $23,366.32 in investment income for August 2011.
SALES TAX/TRANSIENT RENTAL INCOME
The City received $453,961.67 in sales tax and $57,975.95 in transient rental income in August
2011.
The regular meeting was recessed at 8:40 p.m. and the Council met in a 20 minute executive
session with the CityAttorney to discuss litigation.The executive session was adjourned at 9 p.m.
and the regular meeting was reconvened.The regular meeting was adjourned at 9 p.m.
Ronald R.Cone,Finance Director
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ATTEST Jon'Lafie,Mayor >
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