2013 03 127362
^J MOSES LAKE CITY COUNCIL
March 12,2013
Council Present:Bill Ecret,Dick Deane,Jason Avila,David Curnel,Jon Lane,and Karen Liebrecht,
and Brent Reese
The meeting was called to order at 7 p.m. by Mayor Ecret.
PLEDGE OF ALLEGIANCE:Councilman Reese led the Council in the pledge of allegiance.
CONSENT AGENDA
Minutes:The minutes of the February 26 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,
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 the Civic Center.As
of March 12,2013 the Council does approve for payment claims in the amount of $718,824.48;
prepaid claims in the amounts of $11,011.14 and $26,586.47;claim checks in the amount of
$1,247,737.78;and payroll in the amount of $327,309.86.
Rathbone Final Maior Plat and Findings ofFact:Rathbone Sales,Inc.submitted aonelot final plat //£?&
of 7.45 acres located at 3860 E.Broadway Avenue,the site of the current sales facility.The site
{^_J is zoned Heavy Industrial,which corresponds with the Comprehensive Plan Land Use Designation
of Industrial.There have been no significant changes from the preliminary plat.The Planning
Commission recommended that the final platbe approved with conditions.Council's approval of
this decision incorporates and adopts the Findings,Conclusion and Decision of the Planning
Commission.
S.L.&A.Final Maior Plat and Findings of Fact:Sam Lee &Associates submitteda one lot final //£(#
plat of 11 acres.The site is zoned C-2,General Commercial,and abuts Central Drive north of
Valley Road.There have been no significant changes from the preliminary plat.The Planning
Commission recommended that the final platbe approved with conditions.Council's approval of
this decision incorporates and adopts the Findings,Conclusion and Decision of the Planning
Commission.
Resolution -Accept Streetand Utility Improvements - Stone Hollow Short Plat:A resolution was //<£fa
presented which accepts the street and utility improvements associated with the Stone Hollow
Short Plat.
Action Taken:Dr.Curnel moved that the Consent Agenda be approved,seconded by Mr.Lane,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
I )CRACK SEAL PROJECT 2013 i/W/>,
The City received two bids for the 2013 Crack Seal Project. This project includes sealing over
475,000'of cracks in the designated streets and parking lots.
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CITY COUNCIL MINUTES March f,2013
Action Taken:Mr.Avila moved that the bid be awarded to Quality Paving,Inc. in the amount of
$135,500,seconded by Dr.Curnel, and passed unanimously.
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//^SEWER LINING PROJECT 2013
The City received five bids for the 2013 Sewer Lining Project. This project consists of lining
approximately26,700' feet of 8",10"and 12"sanitary and storm sewer lines.
Action Taken:Mr.Lane moved that the bid be awarded to Planned Engineering Construction inthe
amount of $699,699.48,seconded by Mr.Deane,and passed unanimously.
//&(,SEWER MAIN SPOT REPAIR PROJECT 2013
The City received five bids forthe 2013 Sewer Main Spot Repair Project.This project includes
replacing sections of sanitary sewer line,installing storm sewer line, a drywell,and a manhole,
making spot repairs to the sewer linesat 13 separate locations,and abandoningthe Gateway Lift
Station.
Action Taken:Mr.Lane moved that the bid be awarded to POW Contracting,Inc. in the amount
of $144,388.60,seconded by Mr.Avila, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/IQ7 CODE ENFORCEMENT -SHAPORDA C^)
Petr and Valentina Shaporda,1112 S.Eastlake Drive,requested permission to keep a semi-truck
parked on their property until it is sold.
Gilbert Alvarado,Community Development Director,explained that the parking of semi trucks are
prohibited in a residential zone and there are no provisions for waivers or variances to the
regulation.
Irina Shaporda,1112 S.Eastlake,stated that when they were informed by Code Enforcement that
the truck could not be parked on the street,it was moved onto the property.They were unaware
that parking iton the property was also a violation.They are trying to sell the truck and requested
some additional time to accomplish that.
There was some discussion by the Council and staff was directed to work with Ms.Shaporda on
the moving of the vehicle.
//&£REQUEST TO USE CITY STREETS -MOSES LAKE BUSINESS ASSOCIATION
The Moses Lake Business Association requestedthe closure of Third Avenue from Beech to Cedar
and the 200 and 300 blocks ofAsh Street on Saturday and Sunday,September 21 and 22 for the
Basin BBQ Bash.The request also includes the use of Sinkiuse Square,a beer garden on Ash
Street,discharge of grey water into the city sewer system,the BBQ team members be allowed to
stay in self-contained vehicles overnight in the Surf n'Slide parking lot,and the City absorb the ^^^
dump fees.f)
At the request of the Council,the Moses Lake Business Association conducted several surveys
regarding the closure of the streets and the results were provided.
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CITY COUNCILMINUTES March $.2013
Jasmyne DeBeaumont,Executive Director,pointed out that the main objection received from the
few opposed to holding events in the downtown area is the closing of the streets.
Danielle Boss stated that she is in favor of allowing the BBQ Bash event to proceed as it is a big
event in other cities and brings in a lot of people.She suggested that the locations of the
competitors be rearranged to make it a more compact event.
Action Taken:Mr.Lane moved the request be granted,seconded by Mr.Avila,and passed
unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE-MORATORIUM ON MEDICAL MARIJUANA GARDENS - SINGLE READING /OS
An ordinance was presented which extends the moratorium on the establishment of "collective
gardens"for the medical use of marijuana.The moratorium should be extended because the
legislature has not yet resolved the issues which exist in current state lawwith regard to collective
gardens and there is still the issue with regard to the effect of federal law which needs to be
resolved.
The ordinance of the City of Moses Lake extending a moratorium on the establishment of medical
marijuana collective gardens,defining "medical marijuana collective gardens",providingfora public
hearing establishing an effective date, and providing that the moratorium,unless extended,will
\^J sunset within six (6)months of the date of adoption was read by title only.
Joseph K.Gavinski, City Manager, pointed out that the previous moratorium was expiringand staff
hoped to extend the moratorium without a gap inthe coverage.He mentioned that there are still
a number of issues with regard to the regulations of the medical and recreational marijuana.
Action Taken:Mr.Avila moved that an emergency be declared and the ordinance be adopted on
a single reading,seconded by Dr.Curnel,and passed unanimously.
ORDINANCE -CREATE 8.27 -COST RECOVERY - 2nd READING
An ordinance was presented which states the intent of the City to charge for the clean up of
hazardous materials and motor vehicle incidents as allowed by state law.
The ordinance creatingChapter 8.27 of the Moses Lake Municipal Code entitled"Cost Recovery"
was read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Deane,and passed unanimously.
ORDINANCE -AMEND 13.12 -WATER.SEWER.AND STORMWATER RATES -2ND READING /q7-
An ordinance was presented which clarifies language related to joint charging.
(,)The ordinance amending Chapter 13.12 of the Moses Lake Municipal code entitled "Water,Sewer,
and Stormwater Rates"was read by title only.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by
Mr.Avila,and passed unanimously.
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CITY COUNCIL MINUTES March g,2013
J05</ORDINANCE -AMEND 18.58 -SIGNS -1st READING
An ordinance was presented which increases the sign area and height for directional signs in the
Industrial Zone which will promote better visibility and safety.
The ordinance amending Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs"was
read by title only.
Gilbert Alvarado,Community Development Director,mentioned that the Planning Commission
recommended that directional signs be split out between commercial and industrial areas,with
signs in industrial areas being higher and larger in area.
Action Taken:Mr.Lane moved that the first reading of the ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
/Q09 RESOLUTION -ELECTION OF MAYOR/DEPUTY MAYOR
A resolution was presented which establishes the procedure for the election of the Mayor and
Deputy Mayor.
The resolution establishing the procedure to choose a Mayor and Deputy Mayor was read by title
only.
Joseph K.Gavinski,City Manager,mentioned that there are no other cities that have adopted {**}
procedures for the election of the Mayor and Deputy Mayor. He reminded the Council that even
ifthis resolution is passed,an election still must be held for Mayor and Deputy Mayor.
There was some discussion and it was felt that it needs to be studied further and some additional
issues addressed.
Action Taken:Mr.Reese movedthat the resolution be tabled,seconded by Dr.Curnel,and passed
with Mr.Reese,Mr.Avila, Mr.Deane,Dr.Curnel,and Mayor Ecret in favor, Mr.Lane opposed,and
Mrs.Liebrecht abstained.
&%RESOLUTION -ACCEPT DONATION -MOSES LAKE HIGH SCHOOL BASEBALL BOOSTERS
A resolution was presented which accepts the donation of a 15'x 70'nylon net batting cage valued
at $800 from the Moses Lake High School Baseball Boosters.This batting cage will be placed at
Larson Playfield.
The resolution accepting a donation of a 15' x 70'nylon net batting cage valued at $800.00 from
Quintz Whitaker of the Moses Lake High School Baseball Boosters was read by title only.
ActionTaken:Mr.Avila moved that the resolution be adopted,seconded by Dr.Curnel,and passed
unanimously.
/&b'A RESOLUTION -BUILD ON UNPLATTED PROPERTY -ZAMORA
A resolution was presented which allows Duane and Regina Zamora to build a 600 square foot
building on the unplatted property at 410 N.Clover.
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CITY COUNCIL MINUTES :March*2013
The resolution allowing Duane and Regina Zamora to build on unplatted property was read by title
only.
Gilbert Alvarado,Community Development Director,explained that because of the location of the
property and the enormous cost of installing streets and utilities,staff is recommending that the
usual requirement to plat within one year be eliminated.
There was some discussion by the Council on the utilities available at this location.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Dr.Curnel, and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
REQUEST TO USE WATER PARK -MOSES LAKE MANTA RAY SWIM TEAM
The Moses Lake Manta Ray Swim Team requested the use of the Surf 'N Slide Water Park fortheir
annual swim meet on July 19, 20 and 21.The Parks and Recreation Commission recommended
that the request be granted provided their outstanding 2012 balance is paidin full prior to the event.
Action Taken:Mr.Lane moved that the request be granted with the stipulation that the 2012 bill is
\^_J paid prior to the event,seconded by Mr.Avila,and passed unanimously.
REQUEST TO USE BMX TRACK -MOSES LAKE BMX ORGANIZATION
The Moses Lake BMX Organization requested the use of the BMXtrack at the Larson Recreation
Center fortheir 2013 race season and for permission to allow camping adjacent to the BMXtrack
during the June 14-16 weekend.The Parks and Recreation Commission recommended that the
requests be granted.
Melody Johnston, 8256 Harrington Lane NE,mentioned that the camping request is only for the
June 14-16 event.
Action Taken:Mr.Lane moved that the request to use the BMX track forthe 2013 BMX racing
season and for camping on June 14 and 15 be granted,seconded by Dr.Curnel,and passed
unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
ORDINANCE -HELMET REQUIREMENTS
A draftordinance was presented which establishes requirements forthe use of helmets for those
under 16 years of age when riding a bicycle and other non-motorized vehicles.
The ordinance creating Chapter 8.60 of the Moses Lake Municipal Code entitled "Helmet
{^_J Requirements"was read by title only.
Joseph K.Gavinski,City Manager,mentioned that the ordinance was presented for review and
comment by the Council and that the regulations differ from the those proposed by the Grant
County Health District by only applyingto those under the age of 16.
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CITY COUNCIL MINUTES March %2013
Jeff Ketchel,Administrator,Grant County Health District,stated that the District supports the
requirement to wear helmets for all ages in all the cities in Grant County. He mentioned that
through the Safe Kids Program they have dispersed 1,520 bicycle helmets inMoses Lakeoverthe
past 7 years but there are still many children that do not wear helmets.Because ofthe lack of use
of the helmets,the Grant County Health Districtis infavor of requiring the wearing of helmets for
all ages.
There was discussion by the Council and staff was directed to provide a draft ordinance on
requiring bicycle helmets for all ages.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
R)SIGN
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Magan Evans stated that they will be holding a consignment event at 1204 E.Wheeler Road.
Owners can bring intheir gently used items to be sold and receive 70% of their sales.The unsold
items are returned to the owners or donated to New Hope.She stated that she would like to be
able to put up a temporary banner sign about 10 days prior to the event.
Gilbert Alvarado,Community Development Director,stated that temporary signs can be used for
community events but not when associated with a business.
There was some discussion and it was the consensus of the Council that staffwork with Ms.Evans
on the signage issue.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
AMBULANCE REPORT
A cash report on the ambulance operations for the month of February was provided.
BUILDING ACTIVITY REPORT
The February building activity report was provided.
j/S£jz SALES TAX/TRANSIENT RENTAL INCOME
The City received $491,341.62 in sales tax and $19,145.26 in transient rental income in February.
The regular meeting was recessed at 9 p.m.and the Council met inan executive session to discuss
a real property purchase offer.The executive session was adjourned at 9:30 p.m.and the regular
meeting was reconvened.The regular meeting was adjourned at 9:30 pjpr
I.Robert Taylor,Finance Director
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