2014 03 25^_J
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MOSES LAKE CITY COUNCIL
March 25,2014
Council Present:Dick Deane,Bill Ecret,Karen Liebrecht,Jason Avila,Todd Voth, and Jon Lane Absent:
David Curnel
The meeting was called to order at 7 p.m. by MayorDeane.
PLEDGE OF ALLEGIANCE: Bob Robertson led the Council in the pledge of allegiance.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the March 11 meeting were presented forapproval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance
Director as required by RCW 42.24.080,and thoseexpensereimbursement claims,certified as required by
RCW42.24.090,havebeen recorded ona listing which hasbeenmadeavailable tothe Council for approval
and is retained for public inspection attheCivic Center.Asof March 25,2014 the Council doesapprove for
payment claims in the amount of$156,751.87;prepaid claims in theamounts of$5,338.08 and $68,238.71;
claim checks inthe amount of $800,124.08; and payroll inthe amount of $314,589.47.
Resolution -Accept Easement -Yonezawa Associates.LLC:A resolution was presented which accepts an /OO 3
easement from YonezawaAssociates,LLC for municipal purposeson Parcels F&G,Desertpoint Retail Major
PlatCommercial Binding Site Plan,1st Amendment.
ActionTaken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Avila,and passed
unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ALZHEIMER'S ASSOCIATION
Joel Lolacono, Executive Director,Alzheimer's Association, providedinformationon Alzhemer's disease and
the facilities and services available for those with the disease.
ORDINANCE -2014 ZONE CHANGES -1st READING AND PUBLIC HEARING
An ordinancewas presented which bringsthe zoning intoconformance withthe Comprehensive Plan.The
City's ComprehensivePlan andtheWashingtonState Growth ManagementAct require thatthe City's official
Zoning Map be consistent with the Comprehensive Plan.On February 12,2013 the Council approved
amendments to the Comprehensive Plan.
The ordinance amending the official zoning map was read by title only.
GilbertAlvarado,Community Development Director,explained thatthe proposed zone changes will bring the
zoning intoconformance withthe previously adopted Comprehensive Plan landuse designations.
The public hearing was opened.There were no comments.
Action Taken:Mrs.Liebrecht moved that the publichearing be closed,seconded by Mr.Lane, and passed
unanimously.
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CITY COUNCIL MINUTES March 25, 2014
Action Taken:Mr.Voth moved that the first reading of the ordinance be adopted,seconded by Mr. Lane,and
passed unanimously.
ORDINANCES AND RESOLUTIONS
/Of/ORDINANCE -ALLEY VACATION -FOX PROPERTIES -2nd READING
An ordinance was presented which provides for the vacation of a portion of the alley adjacent to
Lots 6-11,Lewis Elliot Addition #2.The alley is located between Marina Drive and Third Avenue
Extended.The Municipal Services Department requested an easement be retained for access as
the Street Division grades the alley and the Wastewater Division maintains a sewer main in the
alley.
The ordinance vacating a portion of an alley was read by title only.
Gilbert Alvarado,Community Development Director,explained that, an easement will be retained at the
request of the Municipal Services Department.
Action Taken:Mr.Avila moved that the second reading of the ordinance be adopted,seconded by Mrs.
Liebrecht,and passed unanimously.
/Qg/ORDINANCE -AMEND 17.27 -OPEN SPACE AND PARKS -2nd READING
Anordinance was presented which amendsthe fee inlieuofopen space regulations bydeleting the reference
to sub areas in the Comprehensive Plan.The Comprehensive Plan does not include sub areas for park
development.
The ordinanceamendingChapter17.27ofthe Moses Lake Municipal Code entitled"Open Space and Parks"
was read by title only.
Joseph K.Gavinski,City Manager,explained thatthe existing language statesthatthe funds from the fee-in-
lieu of dedication ofopen space and parksisto be used within the Comprehensive Plan sub-areawherethe
development is located.This language is misleading since no sub-areas were established when the
Comprehensive Plan was reviewed and updated bythe Planning Commission.
Mr.Voth felt thatthe languageis misleading to the developers and the ordinanceis not consistent with the
Comprehensive Plan.He felt that the ordinance should be reviewed bythe Planning Commission before it
is considered by the Council.
Mr.Lane pointed outthat adopting this ordinance would bring the language into consistency with current
practice by the City.
Mrs.Liebrechtstated thatshe reviewedthe RCW languagereferenced and felt thatthe ordinanceshould be
reviewed as itappears the developer should havesome say in the use ofthe fee-in-lieu of funds.
Mr.Deane pointed outthatthereareno sub-areas within the City so the entire City isa sub-area.
ActionTaken:Mr.Lane movedthatthe second readingofthe ordinance be adopted,seconded by Mr.Deane,
and failed with Mr.Lane and Mr.Deane in favor and Mr.Voth,Mr.Avila, Mrs. Liebrecht, and Mr.Ecret
opposed.
,'-jj?ORDINANCE -AMEND 3.62 -UTILITY SYSTEM DEVELOPMENT CHARGES -1ST READING
An ordinancewas presented which increases the utility system development charges.
The ordinance amending Chapter 3.62 of the Moses Lake Municipal Code entitled "Utility System
Development Charges" was read by titleonly.
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CITY COUNCIL MINUTES .March 25,2014
^^Gary G.Harer,Municipal Services Director,stated that the increases are based on the increase in the CPI
and are paid when the service is requested.He pointed out that theincreases are needed tokeep up with
the project costs.
There was some discussion by the Council.
Action Taken:Mrs.Liebrecht movedthatthe first reading oftheordinance be adopted,secondedbyMr.Avila,
and passed unanimously.
ORDINANCE - AMEND 8.08 -GARBAGE RATES - 1st READING
An ordinance was presented which establishes a discount for certain low income senior citizens.
Theordinance amending Chapter 8.08 oftheMoses Lake Municipal Code entitled "Garbage Collection"was
read by title only.
Bob Taylor,Finance Director,stated that in order to sustain the garbage fund,it is proposed to change the
senior discount sothat only thoseseniors in need would be eligible.He explained thereasons for thechange
to the senior discount.
Action Taken:Mr.Ecret movedthatthe first reading ofthe ordinance be adopted,seconded by Mr.Voth,and
passed unanimously.
ORDINANCE -GARBAGE RATES -1st READING
•^An ordinance was presented which increases the garbage rates.
The ordinanceestablishing charges for garbage collection was read bytitleonly.
Bob Taylor,Finance Director,explained the increases inthe various garbage rates.
There was some discussion by the Council.
ActionTaken:Mr.Avila moved that the first readingof the ordinance be adopted,seconded by Mr.Lane, and
passed unanimously.
ORDINANCE -AMEND 8.14 -NUISANCES -1st READING
An ordinance was presented which reflects the current manner of weed enforcement inthe Cityas itrelates
to how different properties are treated.
The ordinance amending Chapter 8.14 of the Moses Lake Municipal Code entitled "Nuisances"was read by
title only.
Joseph K.Gavinski,City Manager,stated thatthe language has been amendedto clarify how vegetation shall
be managed on different properties and which brings it into conformance with how the City is actually
enforcing the regulations. He proposed that the language in section U.2. be changed to read "Propertywith
sidewalks/activity trail but no building shall be required to control vegetation ten feet (10') from the back of
sidewalks/activity trail."
Mr.Voth requested that the language be amended to change "building"in section U.1. to "dwelling unit".
Action Taken:Mr.Lane moved that the ordinance be amended as proposed and the first reading of the
ordinance be adopted,seconded by Mr.Avila.
Mr.Ecretpointedoutthatwhilethis change addresses some ofthe issues inthe Cityitdoes notaddress other
issues such as vacantlots,garbage,and weeds in residential and commercial areas.He feltthat those issues
need to addressed as they affect tourism, qualityof life,and propertyvalues,among other things.
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CITY COUNCILMINUTES March25, 2014
Mr.Voth agreed with Mr.Ecret but felt this was a good start.
The motion passed unanimously.
/O 7cT ORDINANCE -AMEND 13.12 -WATER.SEWER.AND STORMWATER RATES -1st READING
An ordinance was presented which increases the water,sewer,and stormwater ratesCPI.
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water,Sewer,and
Stormwater Rates"was read by title only.
Bob Taylor,Finance Director,explained the increases in the rates.
ActionTaken:Mrs.Liebrecht moved thatthe first reading ofthe ordinance be adopted,seconded by Mr.Avila,
and passed unanimously.
lOQ(s RESOLUTION -AIRPORT AID APPLICATION
A resolution was presented which supports an Airport Aid Application to the Washington State Department
of Transportation Aviation Division,guaranteeing grant match money availability.
The resolution supporting an Airport Aid Application to theWashington State Department ofTransportation,
Aviation Division guarantee grant match money availability was read by title only.
Joseph K.Gavinski,City Manager,stated that the WSDOT needs the resolution in orderto assure that the
local match will be available when they make the grant award.
Action Taken:Mr.Voth moved that the resolution be adopted,seconded by Mr. Avila,and passed
unanimously.
/AAA RESOLUTION -SPRING FESTIVAL
A resolution was presented regarding the Spring Festival to be held on May 22 - 25, 2014.
The resolutionregardingthe Moses Lake Spring Festivalto be held May 22,23,24,and 25,2013 was
read by title only.
Sean Salis,538 Clark,stated thatthe 3on 3 tournament broughtinover 1,000 people and he requested
that the streets between Division and Pioneer be closed.
Action Taken:Mr.Ecret moved that the resolution be adopted and the City Manager be authorized to
sign the Hold Harmless Agreement,secondedby Mr.Voth,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
//$?NORTH CENTRAL REGIONAL LIBRARY- CONTRACT
Authorization was requested for the City Manager to sign the Building use and Maintenance Agreement with ^m^
the North Central Regional Library.The proposed agreement provides assistance to the City for janitorial and f }maintenance expenses related to the library facilities.The new agreement will be effective January 1,2015 ^
and provides for an increase in the reimbursement rate every three years.
Action Taken:Mr.Ecret movedthatthe City Manager be authorized tosign theagreement,secondedbyMrs.
Liebrecht, and passed unanimously.
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CITY COUNCIL MINUTES ,March 25,2014
GRANT COUNTY ECONOMIC DEVELOPMENT COUNCIL -CONTRACT /&£k
Authorization was requested for the City Manager to sign the2014 Municipal Services Agreement with the
Grant County Economic Development Council.
Action Taken:Mr.Ecret moved thatthe City Manager be authorized tosignthe contract,seconded by Mr.
Lane,and passed unanimously.
COMMUNITY STREET AND UTILITY STANDARDS
The 2014 Community Street and Utility Standards were presented.The updated standards include revisions
that correlate to the 2014 Washington State Department of Transportation Standard Specifications,
housekeeping corrections and clarifications,and some minor changes proposed by staff.
Action Taken:Mr.Lane moved thatthe2014Community Streetand Utility Standards beadopted,seconded
by Mrs.Liebrecht,and passed unanimously.
SEAL COAT PROJECT 2014 -NIGHT HOURS /Qjq ./)
BCV,Inc.requested approval to start work before 7 a.m.on the seal coating of Third Avenue and the
surrounding non-residential streets.This will minimize the inconvenience and exposure to the local
businesses and traffic.
Action Taken:Mrs.Liebrecht moved that the request be granted, seconded by Mr.Avila,and passed
unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS
RECON CONVENTION
Mr.Lane stated that the Retail Recruitment Committeecontinues to planforthe ReCon MeetinginLas Vegas
and requested the Council approve sending Gilbert Alvarado,Community Development Director,to this
meeting.
Action Taken:Mr.Lane moved that GilbertAlvaradobeauthorized to attend theconference,seconded byMrs.
Liebrecht,and passed unanimously.
CITY MANAGER REPORTS AND COMMENTS
RESIDENTIAL VACATION RENTALS
Gilbert Alvarado,Community Development Director,stated that staff researched the issue of residential
vacation rentals by contacting Municipal Research and Services.He mentioned that it is not only a zoning
issue but also a building code issue.He provided information on how other cities address the issue.
Debbie Doran-Martinez,Vision2020 and Chamberof Commerce,requested the Council considerthe concept
ofvacation rentals and suggested that a committee be formed to study the idea.
Barry Lawson,2900 W.Broadway,was in favor of vacation rental homes. He felt that with the proper
regulations vacation rental homes would be a benefitto the community.
Lynn Garza,525Astor Loop,real estate broker with Windemere,encouragedthe Council toendorsea group
toconsider the idea of residential vacation rentals.The group should consist ofstaff,members ofplanning
department,and local stake holders.
April Adams,5303 Road 7.3 NE,Windemere realtor,wasin favor ofresidential vacation homes andprovided
a draft of proposed regulations.
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CITY COUNCIL MINUTES March 25,2014
Duane Francisco,13507 Road 2 SE,Chamber of Commerce,stated that the members of the Chamber are
in favor of vacation rentals.
Nathan Pack,1217 Ashley Way,Moses Lake Business Association,was also in favor of vacation rentals.
Jonathan Smith,1604 E.Truman,Vision 2020,was in favor of vacation rentals.
Action Taken:Mr.Ecretmovedthat Council authorizea stake holdergrouptoinvestigatethevacationrental
issue,seconded by Mr.Avila,and passed unanimously.
INVESTMENT REPORT
The City received $16,033.29 ininvestment income for February.
MARIJUANA
Joseph K.Gavinski,City Manager,stated that the City has received permit notifications from the Liquor
Control Board with regard toa marijuana producer anda marijuana processor.The City has objected tothe
producerbased on the factthatthe proposed location is notacceptable because ofthe agricultural use. The
processor is proposed to be located in an industrial zone.
The regular meeting was adjourned at 9:15 p.m.
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ATTEST ^Dick Deane,Mayor
/Robert'Taylor,Finance Director
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