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MOSES LAKE CITY COUNCIL
January 28,2014
Council Present:Bill Ecret,Dick Deane,Karen Liebrecht,Jason Avila,DavidCurnel, and Todd VothAbsent:
Jon Lane
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:MargaretSchiffner,Women's ClubofMoses Lake,ledthe Council inthe pledge
of allegiance.
PRESENTATION AND AWARDS
PROCLAMATION
The proclamation declaring January 29,2014 as General Federation Women's Club of Moses Lake
Centennial Day was read in its entirety.
AWARD
TheCity ofMosesLake Community Development Departmentwasawardedthe2013Washington Association
of Building Official Outstanding Educational AchievementAward.The awardwas presented to Kevin Myer,
Building Official,and Rob Trumbull,Building Inspector.
CONSENT AGENDA
Minutes: The minutes of the January 14 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance
Director as required byRCW 42.24.080,and those expense reimbursementclaims,certified as required by
RCW42.24.090, have been recorded on a listing whichhas been made availabletothe Council forapproval
and is retainedfor public inspection at the Civic Center. AsofJanuary 28, 2014the Council does approve
for payment claims in the amount of $1,022,310.50;prepaid claims in the amounts of $8,355.31 and
$84,201.30;claimchecks inthe amount of$708,662.64;and payroll inthe amount of$322,439.47.
Resolution -Accept Easement -Bruce:Aresolution was presented which accepts an access easement from /0/3
Bruce Properties LLC and Randy Bruce for Lot 2 and 3of Moore Plat#2 located on Stratford Road.
Action Taken:Dr.Curnelmovedthat the Consent Agenda be approved,seconded byMr.Avila,and passed
unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
TOURISM BROCHURES
The Chamberof Commerce requestedthe City provide funds forthe printing of between 5,000and 6,000
visitor brochures which would be provided to visitors toMoses Lakeand toothercitiesfordisplay.Thecost
of printing the brochures should be covered by the lodging tax money thatis received by the City.The
Chambersuggested thatthis brochure be incorporated into the City's contractwith Burke Marketing.
Spencer Grigg,Parks and Recreation Director,stated that the city used to produce its own visitor guide but
about 11 years ago itwas discontinued due to budget considerations.
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CITY COUNCIL MINUTES January 28, 2014
Debbie Doran-Martinez,Chamber of Commerce,stated that on various other publications some aspects of
the city are shown, such as the Surf n'Slide Water Park, but she felt that an official city guide would be
beneficial for visitor information.
There was considerable discussion.
Action Taken:Mr.Ecret moved that staffwork into the existing contract with Burke Marketing for the printing
of a brochure to be distributed by the Chamber of Commerce,seconded by Mr.Voth,and passed
unanimously..
ORDINANCES AND RESOLUTIONS
/Oof ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -1st READING
An ordinance was presented which extends the moratorium on the establishment of"collective gardens"for
the medical use of marijuana.
The ordinance of the Cityof Moses Lake extending a moratorium on the establishmentof medical marijuana
collectivegardens, defining"medical marijuanacollectivegardens",providing fora publichearingestablishing
an effective date, and providingthat the moratorium,unless extended,will sunsetwithinsix (6)monthsof the
date of adoption was read by title only.
Joseph K.Gavinski, CityManager, pointed out that the extension of the moratorium continues the City'swait
and see position onthe medical marijuana issue. Hementioned thatthe legislature isconsideringmeasures
that may eliminatethe collective gardens and incorporatethem intothe recreational marijuanaregulations.
Action Taken:Mr.Voth moved that the first reading of the ordinance be adopted and apublic hearing be set f~*s}
for February 11,seconded by Mr.Avila, and passed unanimously.
//CTJ ORDINANCE - AMEND GARBAGE COLLECTION - 1st READING
An ordinance was presented which amends the garbage regulations to provide fora franchise to haulers who
hold a state Certificate of Public Convenience and Necessity in areas annexed by the City and providing that
garbage,recycling,and yardwaste containers inresidentialareas are notintended forcommercial purposes.
The ordinance amending Chapter 8.08 ofthe Moses Lake Municipal Code entitled"Garbage Collection"was
read by title only.
Joseph K.Gavinski, City Manager,mentioned that, by state law,garbage collectors are entitled to continue
collectinggarbage withinareas that have been annexed intoa city.The reason forthe provisionconcerning
the containers in residential areas is due to the fact that some landscaping business owners are using the
residential containers to get rid of the yard waste from their businesses.Using the yard waste containers to
recycle the yard waste generated by the business is not really the issue,itis the clutter that exists with the
number ofcontainers that are used.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Mrs.
Liebrecht,and passed unanimously.
//&3 ORDINANCE -AMEND RESIDENTIAL VEHICLE STORAGE- 1st READING
An ordinance was presented which amends the residential vehicle storage by changing the enforcement
procedure.
The ordinance amending Chapter 8.52 of the Moses Lake Municipal Code entitled "Residential Vehicle
Storage"was read by title only.
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CITY COUNCIL MINUTES January 28,2014
Joseph K.Gavinski, City Manager,stated that the process currently in use forviolations of the residential
vehicle storage istime consuming and cumbersome and staff is recommending that itbe changed so thatan
infraction notice is issued instead of a Notice to Violation and Order to Correct.He mentioned that the City
received a letter from Nickolas Mount objecting to the change in the ordinance.
Katherine Kenison,CityAttorney,explainedthedifferencebetween illegally storedorparkedvehiclesandjunk
vehiclesandmentionedthe Cityexperiences difficulty inobtaining compliance for the illegally storedorparked
vehicles since once the owner receives the Notice to Correct the vehicle is removed and in a short period of
time isonce againparked illegally,requiring the Citytostartthe enforcement process again. Withthe change
tothe ordinance,the owners withvehicles thatare illegally stored orparkedwouldreceivethe infraction notice.
Council felt that property ownersshouldbecontactedaboutthe illegally parked vehicles prior tothe issuance
of an infraction.
GilbertAlvarado,Community Development Director,stated that itis the policy of the department to contact
the property ownerof an illegally parked vehicleand inform them of the lawand requestthatthe vehiclebe
legally parked orstored.Staffwill return tothe location to determine ifthe vehicles havebeen movedandif
not,a citation would be issued.
Therewas some discussionbythe Council anditwas the consensus to amend the ordinance to provide for
a warning priorto the issuance of an infraction.
Action Taken:Mrs.Liebrecht moved that the ordinance be amended to provide for a warning priorto the
issuance of an infraction,seconded by Mr.Avila, and passed unanimously.
ORDINANCE -AMEND STREETCONSTRUCTION OR IMPROVEMENT REIMBURSEMENT CHARGES -//(#/
1ST READING
An ordinancewas presented which provides for the street improvement charges to Wapato Drive.
The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street Construction or
Improvement Reimbursement Charges"was read by title only.
There was some discussion by the Council.
ActionTaken:Mr.Avilamoved thatthe first readingofthe ordinancebe adopted,seconded by Mr.Voth, and
passed unanimously.
RESOLUTION -NUISANCE ABATEMENT COSTS -8692 CHARLES -WEBER
A resolution was presented whichauthorizesstaffto collectthe funds expended for the nuisance abatement
at 8692 Charles.The property is owned by James Weber.
The resolution establishing the billing to be imposed against James Weber, as the owner of certain real
property uponwhich the City caused abatement ofa nuisanceto be performed aftera failure ofthe property
owner to abate the same was read by title only.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Avila,and passed
unanimously.
RESOLUTION -NUISANCE ABATEMENT COSTS -2225 CLAREMONT -REYES
I Aresolution was presented which authorizes staff to collect the funds expended for the nuisance abatement\)at 2225 S.Claremont Court.The property is owned by Enriqueta Reyes.
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CITY COUNCIL MINUTES January28, 2014
The resolution establishing the billing to be imposed against EnriquetaG.Reyes,as the owner of certain real
propertyupon which the Citycaused abatement of a nuisance to be performed after a failure of the property
owner to abate the same was read by title only.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr. Avila,and passed
unanimously.
119 7 RESOLUTION -NUISANCE ABATEMENT COSTS - 2003 BEAUMONT -MARKOVA LIVING TRUST
A resolution was presented which authorizes staff to collect the funds expended forthe nuisance abatement
at 2003 Beaumont.The property is owned by the Markova LivingTrust.
The resolution establishing the billing to be imposed against Markova Living Trust, as the ownerof certain real
propertyupon which the City caused abatement of a nuisance to be performed after a failure of the property
owner to abate the same was read by title only.
Action Taken:Mr.Voth moved that the resolution be adopted,seconded by Mr. Avila, and passed
unanimously.
//3lp RESOLUTION -LEASE/PURCHASE AGREEMENT
Aresolutionwas presented whichacceptsthe Lease/PurchaseAgreementfromSunTrust Equipment Finance
and Leasing Corporation and authorizes the CityManagerto sign the necessary documents.
The resolutionauthorizingthe execution anddeliveryofa Maser Equipment Lease/PurchaseAgreement,and
related instruments,and determining other matters in connection therewith was read by titleonly.
Action Taken:Mr. Avila moved that the resolution be adopted,seconded by Mrs.Liebrecht,and passed
unanimously.
//3?RESOLUTION -HAZARD MITIGATION PLAN
A resolution was presented whichadopts the 2013 GrantCounty Hazard Mitigation Plan,which is part of a
multi-jurisdictional planning effort adopting the measures ofthe Federal Disaster Mitigation Actof2000. By
adopting the resolution the Citywould be eligible for federal disaster funding.
The resolution adoptingthe GrantCounty Hazard Mitigation Plan update for2013-2018 as approved bythe
FederalEmergency Management Agency (FEMA)was read by titleonly.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mrs. Liebrecht, and passed
unanimously.
REQUEST TO CALL FOR BIDS
/QfQ'/j CRACK SEAL PROJECT
Staff requested authorization to call forbids for the 2014 Crack Seal project.The projectincludes sealing
approximately 500,000'of cracks instreets, alleys, bike paths, and parking lotsthroughoutthe City.
Action Taken:Mrs.Liebrecht moved that staff be authorized to call for bids,seconded by Dr.Curnel,and
passed unanimously.
REFERRALS FROM COMMISSIONS -None
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CITY COUNCIL MINUTES *January 28,2014
OTHER ITEMS FOR COUNCIL CONSIDERATION
GROUP B WATER SYSTEM -TATUM
Kevin Tatum requested approval fora GroupBwater system to serve property locatedadjacent to Harris
Road and Road INEand east ofthe railroad tracks. The propertyis within the City'sunincorporated UGA,
which isthe City's waterservicearea, butthe City's water main would need to be extended approximately
2,500'to serve the property.
Action Taken:Dr.Curnelmovedthatthe requestbegranted,seconded byMr.Avila,and passed unanimously.
BURKE MARKETING/PROMOTIONS
Authorization was requested forthe City Managertosignthe agreements with Burke Marketing/Promotions
for the 2014 summer concert series and the promotion of tourism inthe Cityof Moses Lake.
Joseph K.Gavinski,City Manager,stated that the cover letteris in erroras the MAC holiday showis not
covered bythe agreements with Burke Marketing/Promotions.
There was some discussion by the Council on what the City receives for this advertising and how to
incorporate the cost ofthe brochure intothe existing contracts with Burke Marketing.
Action Taken:Mrs.Liebrecht moved that the contracts with Burke Marketing be amended to include the cost
of6,000 pamphletsfordistribution bythe Chamber ofCommerceand the City Managerbeauthorizedtosign
the contracts,seconded by Dr.Curnel.
There was some additional discussion.
The motion passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
FIRE STATION USE POLICY
Robert Carter,chairman ofthe Grant County Committee ofSafety, feltthat the City's policyfor use ofthe Fire
Station Multi-purpose Room is confusing and should be clarified.
Cory Sharp,Grant County Committee of Safety,was also concerned about the City's new policy.
Joseph K.Gavinski, City Manager,explained that the policydifferentiates between non-profit organizations
and for-profit organizations.
Council suggested the Committee members meet with staff to discuss their concerns.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
QUARTERLY FINANCIAL REPORT
The fourth quarterfinancial report has been posted on the City's website.
GAMBLING TAX
The City received $76,384.64 from gambling taxforthe fourth quarter.//0"V A)
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CITY COUNCIL MINUTES January 28, 2014
INVESTMENT REPORT
The City received $17,544.28 in investment income for December.
lO^L/MARIJUANA
Joseph K.Gavinski, City Manager,stated that the Attorney General has issued an opinion that states that
cities have the ability to prohibit or ban the sale of marijuana in their communities.He pointed out that this
is just an opinion and does not have the force of law.The issue will probably end up in court.
Katherine Kenison,City Attorney,stated that the city would be at risk for a law suit ifit relied on the Attorney
General's Opinion and prohibited the sale of marijuana.She mentioned that the collective gardens issue will
be discussed by the legislature this year and it will probably be incorporated into the recreational marijuana
regulations.The City should continue the moratorium on collective gardens untilthe issue is finalized by the
legislature.
The regular meeting was adjourned at 9.05 p.m.
ATTEST /)Dick Deane,Mayor
vV.Robert Taylor,Bin^nce Director
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