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MOSES LAKE CITY COUNCIL
August 12,2014
Council Present:Dick Deane,Bill Ecret, Karen Liebrecht,Jason Avila,Jon Lane,and David Curnel Absent:
Todd Voth
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:Officer Tufte led the Council in the pledge of allegiance.
PRESENTATION AND AWARDS
SERVICE AWARDS
YearsofService pinsfor10yearsofservicewith theCity weregiven toTodd Schanze,James Whitmore,and
Thomas Tufte.YearsofServicepinsfor 15 years ofservice with the City weregivento Lori Moholt-Phillips
and Virginia Kennedy-Novak.YearsofService pins for 20yearsof service with the City were given to Mike
Moro and Manuel Moreno.AYears of Service pin for25 years ofservice with the City was givento Dave
Thompson.AYearsof Service pin for 35yearsofservicewith the City was given toJoseph K.Gavinski.
CONSENT AGENDA
Minutes:The minutes of the July 22 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 reimbursementclaims,certified as required by
RCW42.24.090, have been recorded on a listing whichhas been made availableto the Council forapproval
and isretainedfor public inspectionat the Civic Center. AsofAugust12,2014 the Council does approvefor
payment claims in the amount of $958,897.78; prepaid claims inthe amounts of $66,365.62, $5,186.71,
$12,828.50,and $96,057.00;claim checks in the amount of $1,385,543.60;and payroll in the amounts of
$5,264.82 and $387,797.19.
Resolution -Accept Easement-Maiers DevelopmentCorporation:A resolutionwas presented which accepts
a utility access easement from Maiers Development Corporation for Desertpoint Major Plat, Lot 1, Block 2,
Commercial Binding Site Plan 2nd Amendment.
S. L. & A. No. 1 Major Plat -Final Plat and Findings of Fact:Mike Lee,of Sam Lee &Associates,has
submitted a final plat application to divide 11.58 acres into two lots.The site is zoned C-2,General
Commercial,and abuts Central Drive north of Valley Road.The Planning Commission recommended that
the final plat be approved with conditions.The Council's approval of this decision incorporates and adopts
the Findings,Conclusion and Decision of the Planning Commission.
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
HERON BLUFF TRAIL PROJECT
The Cityreceived four bids for the Heron BluffTrail Project.The project includes constructing a 3,000'long
activitytrailstarting at the west end of Neppel Trailand extending through the Blue Heron Park, then along
the lakeshore and ending atthe existing activitytrail that was constructed as part of the BluffWest Plat.There
will be benches and trash receptacles at three locations.
Action Taken:Mr.Ecret moved that the bid be awarded to Kelaye Concrete in the amount of $239,980,
seconded by Mrs. Liebrecht,and passed unanimously.
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CITY COUNCIL MINUTES August 12,2014
/OSS'CLOVER DRIVE LIFT STATION PROJECT C*^)
The City received sixbids for the Clover Drive Lift Station Project.This project consists of rehabilitating the
existing liftstation and other site work.
ActionTaken:Mr.Lane moved thatthe bidbe awardedto POW Contracting inthe amount of $288,486.84,
seconded by Mr.Avila,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
fOSH ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -2nd READING/PUBLIC
HEARING
An ordinance was presented which extends the moratorium on the establishmentof "collective gardens"for
the medical use of marijuana.
The ordinance oftheCity ofMoses Lake extending a moratorium ontheestablishment ofmedical marijuana
collective gardens,defining "medical marijuana collective gardens",providing for a public hearing establishing
aneffectivedate,and providing thatthe moratorium,unlessextended,will sunset within six(6)monthsofthe
date of adoption was read by title only.
Joseph K.Gavinski,City Manager,pointed outthattheextensionofthe moratorium continuesthe City's wait
and see position onthe medical marijuana issue. Hementioned thatthe legislature isconsidering measures
thatmay eliminate the collective gardensand incorporate them into the recreational marijuana regulations.
The public hearing was opened.There were no comments.
Action Taken:Dr.Curnel moved that the public hearing be closed,seconded by Mr.Lane, and passed
unanimously.
Joseph K.Gavinski,City Manager,stated that the legislature is considering merging some of the medical
marijuana issueswith the recreational marijuana issues inorder to address some ofthe conflicts between the
two.
Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,seconded by Mr.
Avila,,and passed unanimously.
//yp RESOLUTION -SIX YEAR STREET PLAN -PUBLIC HEARING
A resolution was presented which adopts the amended Six Year Transportation Improvement Program.
The resolution to amend Resolution 2695 Transportation Improvement Program for 2015-2020 was read by
title only.
The public hearing was opened.There were no comments.
Action Taken:Dr.Curnel moved that the public hearing be closed,seconded by Mr. Lane,and passed
unanimously.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr. Avila, and passed
unanimously.
ORDINANCES AND RESOLUTIONS
J075"ORDINANCE -AMEND 13.08 -WATERAND SEWER CONNECTIONS - 1stREADING
An ordinance was presented with amends Chapter 13.08,Water and Sewer Connections,by establishing a
reimbursement for the installation of the sewer main on Randolph Road to serve AstaReal.
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CITY COUNCIL MINUTES August 12,2014
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer
Connections"was read by title only.
Action Taken:Mrs.Liebrecht moved that the first reading of the ordinance be adopted,seconded by Dr.
Curnel,and passed unanimously.
ORDINANCE -AMEND 13.12 -WATER.SEWER.AND STORMWATER RATES -1st READING /07$~
An ordinance was presented which increasesthe rateforthe delinquent service chargeandforturn-ons or
turn-offs after 4 p.m and before 8 a.m.
The ordinance amending Chapter 13.12 ofthe Moses Lake Municipal Code entitled "Water,Sewer,and
Stormwater Rates"was read by title only.
Action Taken:Dr.Curnel moved thatthe first readingoftheordinancebeadopted,seconded byMr.Avila,and
passed unanimously.
REQUEST TO CALL FOR BIDS
BIOSOLIDS LAND APPLICATION PROJECT - SAND DUNES WWTP MO*
Staff requested authorization to call for bids for the 2014 Biosolids Land Application Project.This project
consistsofloading,hauling,and land applying approximately 400 dry tonsofbiosolids from theSand Dunes
Wastewater Treatment Plant to agricultural land in the Mae Valley area.
Action Taken:Mr.Lane moved that staff be authorized to call for bids,seconded by Mr.Avila,and passed
unanimously.
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
TIB GRANT APPLICATIONS -SIDEWALK AND STREET IMPROVEMENTS /O/9
Staff requested authorization to apply for two Transportation Improvement Board (TIB)grants.The grant /o/s~
would pay75%ofthe projectcosts. The projectswould be forconstructionofa sidewalkalongthe west side
ofStratford Road between SR-17 and MapleDriveand forthe construction ofLarkAvenue from PioneerWay
to Kiefer Drive.
Gary Harer,Municipal Services Director,gave some background on the two projects.
Action Taken:Mr.Ecret moved that staff be authorized to apply for the grants,seconded by Dr. Curnel, and
passed unanimously.
REQUEST FOR CITY SERVICES -2107 WESTSHORE DRIVE
Chris Hansen requested permission to connect 2107 Westshore Drive to City sewer without annexing the
property into the City. Itwould be impractical for the property to be annexed at this time since there are no
properties in the area with Extra Territorial Utility Extension Agreements or property owners that want to
annex.
Mick Hansen,representing the property owner,stated that a new home is being builton this lotand theywould
liketo connectto City services.There is a community water system so City water is not needed at this time.
Action Taken:Dr.Curnel moved that the requestfor Cityservices be granted with the stipulation that an Extra
Territorial Utility Extension Agreement be required,seconded by Mr.Avila,and passed unanimously.
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CITY COUNCIL MINUTES August 12,2014
j/qy CODE ENFORCEMENT f*"^
A letter from the City Attorney provided information on different methods of code enforcement,including
voluntary cooperation,civilinfraction,abatement,summaryabatement,and administrative enforcement.The
City uses the administrative enforcement process which has been found to be too limiting and lacks the
flexibility needed to respond to the variety of code enforcement issues encountered by staff.There are also
several provision in the code that are inconsistent and/or in direct conflict.Examples were provided ofother
code enforcementregulations that include both a consolidation ofcode enforcement intoa single chapter and
also provide a greater degree of flexibility for staff in implementing the code enforcement process.
Katherine Kenison, CityAttorney,stated that current code enforcement regulations result inthe remedy not
accomplished in a timely fashion and complaints are still received,and some of the current code provisions
are in conflict with each other which confuses staff on how to enforce the code violation.The current
administrative code enforcement mechanism is not providing a satisfactory result.She provided several
examples of how the administrative code enforcement process does not work.
There was some discussion and itwas the consensus of the Council that staff proceed with changes to the
code enforcement process.
/0/9 BLOCK STREET -TRAFFIC CONTROL AND CONSTRUCTION
Gary Harer, Municipal Services Director,stated that Bob Fancher requested that the stop signs on Block
Streetbe relocated to Penn Street and that Block Street be improvementfrom FifthAvenueto Wheeler Road.
The change of location of the stop signs is simple and will allow better flowof traffic.The request to improve
Block Street would include 41'of asphalt and a 10'wide sidewalk on one side and a 6'wide sidewalk on the
other side.The estimated cost for the street improvements is $150,000.The reason for the requested street
improvements is the increased traffic becauseofthe new kidney dialysis facilityon Elder.Block Street would
be used by these patients to access the hospital on Wheeler Road.He mentioned that the street
improvement costs could be partially reimbursed by calling in an existing covenant and setting up a
reimbursement schedule for when the unplatted property is platted.The existing platted property could not
be required to participate in the street construction.
Joseph K. Gavinski, City Manager, pointed out that the City has not been doing many street projects due to
budget constraints but the request forstreet improvements could be discussed during budget sessions.
Itwas the consensus of the Council that the street improvements be discussed during budget sessions.
//^DRIVEWAY VARIANCE -343 GIBBY ROAD
CarlyJansen,Managing Memberof Smoother/,LLC,requested a deviation tothedrivewaystandardstoallow
the driveway to be constructed approximately 15'from the interior lotlineat 343 Gibby Road. A driveway
cannot be installed along Broadway Avenue in accordance with the setbacks required by the Community
Standards. The existing powerpoles alongGibbyRoadare locatedsuch thata driveway cannot be installed
inthe window that meets the Community Standard setbacks.The proposed location encroaches intothe
required20'setback by approximately 5'.
Gary Harer,Municipal Services Director,stated thatthe location ofthe driveway isthebest possible for this
lot and staff has no issues with it.
There was some discussion by the Council.
ActionTaken:Mr.Lane moved thatthe requested deviationbe granted seconded by Dr.Curnel,and passed
unanimously.
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CITY COUNCIL MINUTES August12,2014
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
BUSINESS LICENSE -APPEAL
Alan Heroux, on behalf of Brent Heroux,stated that he is appealing the denial bythe Cityofa business license
for a marijuana medicinal and botanical manufacture business at 1450 Wheeler Road, which is in a Light
Industrial Zone. He stated that their business plan allows them to sell live plants to other producers,which
is an allowable use and inthe LightIndustrial zone includes the manufacturing,processing,or packaging of
food products. He provided informationsupporting his contention that the Citywas inerror by not approving
the business license.
Joseph K.Gavinski,City Manager,stated thatthe statute supplied by Mr.Herouxisa taxingstatute and does
not apply to the current situation. He pointed out that agricultural uses are not allowed in any of the City's
zones and that the business license was forthe growing of plants. He mentioned that staff had discussed the
application and itwas feltthat the business was for the harvesting and processing of the product and selling
it instead of selling the live plants.
Gilbert Alvarado,Community Development Director,stated that he had requested clarification from Brent
Heroux about the description of his business and he onlytalked about production and nothing about selling
potted plants or edibles.
There was some discussion bythe Council and itwas recommended that the business license application be
resubmitted with a clarification of the description of the business.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
SHORELINE MASTER PLAN UPDATE
Gilbert Alvarado,Community Development Director,stated that the staff is working on the cumulative
response to the comments from the Department of Ecology on the Shoreline Master Program.The response
will be provided to the Council in the nearfuture.When the cumulative response is approved by the Council
itwill be forwarded to the Department of Ecology.The Department of Ecology will review the response and
provide comments.
AMBULANCE REPORT //3J
The cash report on the ambulance operations for the month of July was provided.
BUILDING ACTIVITY REPORT
The July Building Activity Report was provided.
INVESTMENT REPORT
The City received $17,296.73 in investment income for June 2014.
SALES TAX/TRANSIENT RENTAL INCOME
The City received $454,949.89 in sales taxand$53,058.98 in transient rental income in July.
The regular meeting was adjourned at 8:45 p.m.
Dick Deane,Mayor
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