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MOSES LAKE CITY COUNCIL
September 9,2014
CouncilPresent:DickDeane,Bill Ecret,Karen Liebrecht,JasonAvila,Jon Lane,Todd Voth,and DavidCurnel
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE: Mr. Avila led the Council in the pledge of allegiance.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes: The minutes of the August 26 meeting were presented forapproval.
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 reimbursement claims,certified as required by
RCW42.24.090, have been recorded on a listing whichhas been made availableto the Council forapproval
and isretainedfor public inspection at the Civic Center. Asof September 9,2014 the Council does approve
for payment claims in the amount of$373,874.21;prepaid claims in theamount of$16,406.62;claim checks
inthe amount of $1,727,436.81;and payroll inthe amounts of $392,172.36 and $4,010.15.
Davisson Final Major Platand Findings of Fact:Davisson Enterprises has submitted a final plat application //££*
fora one-lotplatof17.74acres. The site isvacant and islocatedwest ofRoad Nand northofWheeler Road.
The area iszoned HeavyIndustrial,whichcorresponds with the Comprehensive Plan LandUse Designation
of Industrial.There have been no significantchanges from the preliminaryplat. 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 ofthe Planning Commission.
Action Taken:Mr.Voth moved that the Consent Agenda be approved,seconded by Mr.Avila,and passed
unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
BIOSOLIDS LAND APPLICATION PROJECT
The City receivedthree bidsonthe Biosolids LandApplication Project. Thisprojectincludes loading,hauling,
and land applying approximately 400 drytons of biosolids from the Sand Dunes Wastewater Treatment
Facility lagoons.
Gary Harer,Municipal Services Director,statedthatthisisthe first time the City has hauled biosolids off site
and ithas involved working with thecontractor,property owners,andthe Departmentof Ecology and involved
a number of permits.
Action Taken:Mr.Lane moved thatthe bid be awarded to Northwest Cascade,Inc. inthe amountof $150,120
with the approvalto increase the quantitiestospend uptothe $200,000 budgeted forthe project,seconded
by Mr.Avila,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
PORT OF MOSES LAKE -ADVANCED PLANNING GRANT PROGRAM
The Port of Moses Lake requested time before the Council to discuss a Department of Commerce grant
programthat providesfunds to assist a countyor city in paying forthe cost of preparing an environmental
analysis that advances environmental permitting activities in and around current and future large
manufacturing sites for aerospace and other key economic growth centers.
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CITY COUNCIL MINUTES September 9, 2014
Patrick Jones,representing the Port of Moses Lake,explained the project and requested the Cityto make a
pre-application to support the process as there is Port property that would be idealforan aerospace industry.
There would be no costs to the City although the Citywould be the applicant and facilitator and participate in
the administrative committee that manages the consultant that does the analysis.
Action Taken:Mr. Lane moved that staff be authorized to join with the County and Port to apply for an
advanced planning grant,seconded by Mr.Avila,and passed unanimously.
Mr.Jones also introduced Jeff Bishop as the new director of the Port of Moses Lake.
//&%REQUEST TO USE CITY PROPERTY -IRONWOOD BAND
Tracy Ekstedt requestedthe closureof Commerce Wayon Sunday,October 12 inorderto filma music video.
Mr.Ekstedt stated that his band,Ironwood. is planning to filma music video and would liketo use Commerce
Way for a short time on Sunday,October 12.The street would be closed during short intervals between 9
a.m.and 10 a.m.and 4 p.m.and 5 p.m. He contacted the neighbors and had no negative responses.
Action Taken:Dr. Curnel moved that the request to close Commerce Way on October 12 be granted,
seconded by Mrs.Liebrecht,and passed unanimously.
ORDINANCES AND RESOLUTIONS
//</£ORDINANCE -AMEND 3.30 -UTILITY OCCUPATIONAL TAX -2nd READING
An ordinance was presented which adds a time limitfor refunds on tax payments.
The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "UtilityOccupational Tax"
was read by title only.
Action Taken:Mr.Ecret moved that the second reading of the ordinance beadopted,seconded by Mr.Avila,
and passed unanimously.
//53 ORDINANCE -AMEND 8.28 -NOISE CONTROL - 2nd READING
An ordinancewas presented which exemptsnoiseemanatingfrom temporaryconstruction sites in commercial
zones.
The ordinance amending Chapter 8.28 of the Moses Lake Municipal Code entitled "Noise Control"was read
by title only.
Joseph K.Gavinski,City Manager,suggested that the noise be exempted in the industrial zones also.
Action Taken:Mr.Lane moved that the ordinance be amended to include "and industrial"and the second
reading of the ordinance be adopted,seconded by Dr.Curnel,and passed unanimously.
/075"ORDINANCE -AMEND 13.08 -WATER AND SEWER CONNECTIONS -2NP READING
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.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer
Connections"was read by title only.
Action Taken:Mr.Avila moved that the second reading of the ordinance be adopted,seconded by Mr.Lane,
and passed unanimously.
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CITY COUNCIL MINUTES September 9, 2014
ORDINANCE -AMEND 2.48 -PLANNING COMMISSION -1st READING
An ordinancewas presented which changesthe requirements to serveon the Planning Commission to include
that a membershall reside withinthe citylimitsor shall own property or a business withinthe citylimits.Since
this change would include people within the UGA,the ex officio members from the UGA are eliminated.
The ordinance amending Chapter 2.48 of the Moses Lake Municipal Code entitled "Planning Commission"
was read by title only.
Mrs.Liebrecht was in favor of 9 members but felt that only 2 should be outside the City's limits.
Mr. Voth also in favor of 9 but only 2 from outside the City limits.
Mr.Deane felt that all members of the Planning Commission should reside inside the City's limits.
Joseph K.Gavinski, CityManager,suggested that the ordinance could be amended to read"...seven (7)
members shall reside withinthe Citylimitsand two (2)members shall either reside withinthe Citylimitsor own
property or a business withinthe City limitsand shall be appointed by the Mayor..."
Action Taken:Mr.Ecret moved that the ordinance be amended as suggested by the City Manager and the
first reading of the ordinance be adopted,seconded by Mr.Lane, and passed unanimously.
ORDINANCE - CREATE 18.50 - RECREATIONAL MARIJUANA BUSINESSES -1st READING
An ordinance was presented which regulates marijuana businesses inthe City's limits.
The ordinance creating Chapter 18.50 of the Moses lake Municipal Code entitled "Recreational Marijuana
Businesses"was read by title only.
Katherine Kenison,City Attorney,stated that thisordinance would consolidate allthe recreational marijuana
uses intoone chapter, adopts the state definitions,and adds some facilities within the 1,000'limit,limits the
cultivation to indooronly,restricts the locationsto permanent facilities with no drivethrough service, adds
security requirements, and requires additional screening for the loading docks, and allowsfor retailers to
locate inthe C-1Aand C-2zones and allowsthe production and processing inthe Light Industrialand Moses
Lake Industrial Park Zones.
Ms.Kenison provided information on the medical and recreational litigation on-going in the state. She
mentioned that many jurisdictions have established moratoriums on marijuana issues until the court cases
have been resolved or the legislature addresses the issues.
There was some discussion by the Council.
Chris Reese, 324 S. Ash, Suite B,representing Brent Herouxand Wheeler Corridor,LLC,owner of the
building at 1450Wheeler Road,stated that he is mainly interested in obtaining a business license for Mr.
Heroux at the location on Wheeler Road, either under the existing ordinance or under the proposed new
ordinance, he mentionedthatthe prohibition ofa marijuanaoperationwithin 1,000'ofa courthousewould not
allow such an operationinthe proposed location as itisabout 500'from the courthouseinMoses Lake.He
was concerned aboutthe required building materialssincethe existing building ismade of metal.Hewasalso
concernedthatthe requirement to provide the City with the business planwould mean thatitcould available
to anyone through a publicrecords request which itis not at the state level.
Mr.Reese arguedthatthe currentbusiness license submitted byMr.Heroux isfora use appropriate in the
Light Industrial Zone and should be permitted.
AlanHeroux,1156 Grand,requested that the Councilapprove the appeal ofthe denialofthe business license
application.
Ms. Kenison pointed out that there is no appeal process to a denial ofa business license.
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CITY COUNCIL MINUTES September 9, 2014
There was some discussion and itwas pointed outthat there is no process in the ordinance which authorizes
the CityCouncil to hear an appeal on the denial of a business license. Should the Councilwish to allowthe
business,an amendment to the ordinance would need to be adopted.
Mr.Voth suggested that the ordnance be amended by deleting from Section 18.05.030,item H.,the words
"such as two-inch byfour-inch or thicker studs overlain withthree-eights-inch or thicker plywoodor equivalent
building materials",delete from Section 18.50.040,item A,and delete from Section 18.50.050, items Kand
T.3.
Mr.Ecretfeltthat the existing ordinancealready allowsthe production and manufacturing inthe LightIndustrial
Zone.
Action Taken:Mr.Ecret moved that the marijuana producers be allowed in the current Light Industrial Zone,
seconded by Mr. Voth.
Mrs.Liebrecht wasopposed to allowingthe marijuana business at this time and felt that a moratorium should
be established to see how the court cases play out.
Motion failed with Mr.Ecret,Mr.Voth,and Mr.Avila infavor and Mayor Deane,Mrs.Liebrecht,and Dr.Curnel
opposed and Mr.Lane abstaining as he feltitis not an allowed use inthe current zone and would be infavor
of the adoption of the proposed ordinance.
Action Taken:Mr.Lane moved that the ordinance be amended by deleting from 18.50.030,Section H the
words "such as two-inch by four-inch or thicker studs overlain with three-eights-inch or thicker plywood or
equivalent building materials" and deleting Sections A,K,and T 3 under 18.50.040,seconded byDr.Curnel,
and passed with Mrs.Liebrecht and Mayor Deane opposed.
/£*f<P ORDINANCE -DESERT GOLF ANNEXATION -1ST READING
An ordinancewas presented which provides for the annexation of approximately 8.12 acres located adjacent
to Fairway Drive and includes the right-of- of Fairway Drive.
The ordinance annexing property commonly known as the DesertGolfAnnexation to the Cityof Moses Lake,
Washington,and incorporating the same within the corporate limits of the City of Moses Lake was read by
title only.
Gilbert Alvarado,Community Development Director,pointed out that the legal description was amended to
include Fairway Drive.
Action Taken:Mrs.Liebrecht moved that the first reading of the ordinance be adopted,seconded by Dr.
Curnel,and passed unanimously.
//<?7 RESOLUTIONS -NUISANCE ABATEMENTS -2003 BEAUMONT AND 210 LINDEN
Resolutions were provided for the abatement of nuisances at 2003 Beaumont and 210 Linden.
Gilbert Alvarado,Community Development Director,stated that staff needs to clarify some issues on the
nuisances and requested that the hearing on the nuisance abatements be tabled until the next meeting
Action Taken:Mr.Voth moved that the hearing on the nuisance abatements be tabled until the next Council
meeting,seconded by Mr.Ecret,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
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CITY COUNCIL MINUTES September 9, 2014
OTHER ITEMS FOR COUNCIL CONSIDERATION
REQUEST FOR CITY SERVICES -2247 WESTSHORE DRIVE
Bret Hammond requested permission to connect 2247 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.
Action Taken:Dr.Curnel moved thatthe requestfor Cityservices be granted with thestipulation thatan Extra
Territorial Utility Extension Agreement be required,seconded by Mr.Avila,and passed unanimously.
REIMBURSEMENT -ASTAREAL
Councilconfirmationwas requested ofthe CityManager's signatureon the SewerReimbursementAgreement
withAstaReal Technologies,Inc.forthe sewerlineinstalledon Randolph Road.Those properties connecting
to the sewer main constructed byAstaReal will be required to pay their share ofthe costs to the Cityand the
City will forward those funds on to AstaReal.
ActionTaken:Mr.Lane moved that the CityManager's signature on the contract be ratified,seconded by Mr.
Avila,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
CHICKENS
Zachary Troupe,29 Nob Hill Drive,Ephrata,stated that he also owns property in Moses Lake and would like
to relocate to Moses Lake and bring his chickens,which are allowed in Ephrata but not in Moses Lake. He
requested that the code be amended to allowthe keeping of chickens inside the City's limits.He mentioned
that the regulations inEphrata prohibit roosters and shelter forthe chickens has to be on the side or rear of
the house and 10'away from property lines. The limit is 3 chickens per lot except that 1 additional hen is
allowed for every 1,000'over the average sized city lot.
GilbertAlvarado,Community Development Director,pointedoutthat the issue ofkeeping chickens insidethe
Citylimits was discussion with the Councilpreviouslyand Councilwas not infavorofthe idea at that time as
one ofthe concerns was theissue of dogs chasing and killing the chickens,which would then deem the dog
as dangerous.
There was some discussion and staff was requested to provide informationon the keeping of chickens.
AIRPORT
TomDent,Airport Commissioner,reportedthatthe overlayprojectofthe runwaysat the Municipal Airport has
been completed and wanted tothankthe Councilfortheirsupport. He invited the Counciltotourthe Municipal
Airport on Friday,September 12 at noon. He mentioned that the newfuelsystem has been installedand is
operational.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
AMBULANCE REPORT
The cash report on the ambulance operations for the month ofAugust was provided.
BUILDING ACTIVITY REPORT
The August Building Activity Report was provided./xa3O -/-}
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CITY COUNCIL MINUTES September 9,2014
)003 INVESTMENT REPORT
The City received $18,427.81 in investment income for July 2014.
SALES TAX/TRANSIENT RENTAL INCOME
r The City received $512,038.78 in sales tax and $70,246.58 in transient rental income in August.
IOIO BUDGET -GRANT COUNTY BOARD OF EQUALIZATION DECISION -REC
//y£Aletter from the City Manager was presented which gave the background of the appeal by REC of the
county's assessed value oftheir property. The Grant County Board of Equalization set the assessed value
ofthe property at $250,000,000,which is a reduction of $421,255,765 inthe assessed value established by
the county.The City established its 2014 budget based upon the $671,255,765 assessed value for REC.
Because of the reduction in the assessed value,there is a loss to the City of approximately $1,327,000.The
Citywill need to make up this shortage by replacement revenue or cuts inthe General Fund budget.
Joseph K.Gavinski, CityManager,gave some background on the REC appeal of their assessed valuation
and requested Council direction inthe near futureon howto make upthe approximately$1.3 million that the
City will notreceive intax revenue. He pointedout that there are no reserves to cover this loss. There are
several optionstomake upthe loss including notoperating the iceskating rink,the Larson Recreation Center,
orthe BMX track beginningthis fall.Thiswouldsave the savethe City about $125,000.In2015 the City could
eliminate the summer concert series and marketing program for a savings of $179,000.These funds would
go to support the Museum and Art Center.Additional revenue suggestions include taking the utility tax
currentlygoingto the Street Repair and Reconstruction Fund and returningitto the General Fund. Another
optionis to eliminatethe General Fund subsidy to the Ambulance Fund and increase the ambulance utility
rate to $11.10 per month. Other revenue is limited and consists ofrequesting the voters toapprove the %of
1% in real estate taxes and a 1/10 of 1%increase in sales tax and perhaps raise some of the utility taxes.
There was some discussion by the Council on revenue sources and necessary cuts.
Chuck Perry, 4204 Lakeshore,stated that the Parks and Recreation Department is second to none inthe
State of Washington and contributes to businesses locating in the area.He would be opposed to any
reduction in the Parks and Recreation programs.
Robert Dahlgren,BMX track operator,stated that the he isopposed toany cuts tothe Recreation Department
since those cuts will affect the children in the City.
DebbieTalbot, 2278 Gladys,representing the Hockey Association,statedthat the hockey program has grown
each year and there are players that come from Seattle,Spokane,Moscow,Tri-Cities,among other places.
She felt that having the ice rink and BMX track are great assets to the community.
There was some discussion and staff was requested to provide information on what type of fees could be
charged to keep the facilities open.
Jonathan Smith,1604 E.Truman,stated thatthe reductions proposed in the Parks and Recreation programs
simply point up the fact of the budgetary crisis the Cityis facing and felt that volunteers may be a resource
the City could use.
There was some discussion and the Council was in favor of returning the utility tax to the General Fund and
increasing the ambulance utility fee.
The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"
was read by title only.
Action Taken:Mayor Dean moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,
and passed unanimously.
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September 9,2014
Staff was directed to bring back a resolution to increase the ambulance utilityfee by $2.80.
The regular meeting was adjourned at 9:40 p.m.
ATTEST
<p$^Jt @ -jg^L-i^Z
Dick Deane,Mayor
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Ror/ert Taylor,rFinance Director