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MOSES LAKE CITY COUNCIL
September 23,2014
CouncilPresent:Dick Deane,Bill Ecret,KarenLiebrecht,Jason Avila,Jon Lane,Todd Voth,and David Curnel
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGEOF ALLEGIANCE:Ms.Guerrero, Executive Secretary,led the Councilinthe pledge ofallegiance.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance
Director as required by RCW 42.24.080,andthoseexpensereimbursement claims,certified as required by
RCW42.24.090, have been recorded on a listing which has been made availabletothe Council forapproval
and isretainedforpublic inspection atthe Civic Center. AsofSeptember 23,2014 the Council does approve
for payment claims in the amount of $800,529.83;prepaid claims in the amounts of $74,436.83 and
$16,212.71;claim checks inthe amount of$1,065,877.76; and payroll inthe amounts of$349,483.96.
Crossroads Phase 6 Final Maior Plat and Findings of Fact:Hayden Homes has submitted a final plat //o?£?
application for a 29 lot residential plat on6.6acres. Thesiteis located east ofHighway 17and Crossroads
5,north of Crossroads Phase 2 and approximately 2,000'south ofWheeler Road. The area iszoned R-1,
SingleFamily Residential,which correspondswith the underlying Comprehensive PlanLand UseDesignation
of Low Density Residential.Therehavebeen nosignificant changes from the preliminary plat.The Planning
Commission recommended that the final plat be approved with conditions.The Council'sapproval ofthis
decision incorporates and adopts the Findings,Conclusionand Decision ofthe PlanningCommission.
n J Resolution -Accept Street and Utility Improvements -Crossroads Phase 6 Maior Plat:Aresolution was y/j (^
presented whichaccepts the street and utility improvements related to the Crossroads Phase 6 Major Plat.
ActionTaken:Mr.Lane moved that the Consent Agenda be approved,seconded by Mr.Voth, and passed
unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
DRYWELL PROJECT
The City received threebidsonthe2014 Drywell Project.This project includes installing newand modifying //'3 7
existing stormwater improvements at 14 locations in the City.These improvements will reduce the amount
of water that is discharged to the lake during storm events.
Action Taken:Dr.Curnel moved that the bid be awarded to Cutting Edge Earthworks in the amount of
$124,689,seconded by Mr. Avila,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
BUDGET
Joseph K.Gavinski,City Manager, explained that the decision of the State Board of Tax Appeals on the /O/d
appeal filed by REC Solar Grade Silicon over their property tax assessment was rendered in the favor of the
county.The issues for the City on the gap between revenue and expenditures is no longer an issue and the
closure of the Larson Recreation Center,the ice rink,and other proposed closures of facilities and program
are no longer needed for 2014.
Tyler Howard,President,Youth Hockey Association,stated that on behalf of the Youth Hockey League,the
Adult Hockey League,the Youth Hockey Association he was interested in solutions to keep the Larsen
Recreation Center open long term.In order to raise funds they are suggesting that the Larson Recreation
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CITY COUNCILMINTUES September 23, 2014
Center scale back its hours on nights where there is youth hockey practice,charge for public skating,allow
outoftown teams to use the hockey rink on Sunday mornings,and increase the amount the Moses lakeYouth
Hockey Association pays for ice time to $100 per hour.
Robert Dahlgren,BMX track operator,pointed out that there are 41 registered riders that compete on the
BMX track and that it brings in funds to the community when the races are held and requested the Council
try to keep the track open.
Zoe Dahlgren, BMX racer,explained how important BMX racing was to her.
Chuck Perry,4202 Lakeshore,stated that the parks and recreation programs in the City are very important
to the quality of life in Moses Lake and suggested that the City approach the major businesses about the
benefits of the City's Parks and Recreation Department and request they contribute to the programs.
Melody Johnston,BMX volunteer,encouraged the Council to retain the BMX track as it is a beautiful facility
and provides a place for people to enjoy their sport.The races that are conducted at the track also help
support the community.
Maria Hartman gave a history of the BMX track and encouraged the Council to keep it open.
Nick Sickels,Moses Lake RC Race Club,stated that they are located behind the BMX track and would
support efforts to keep the facility open.
Brenda Teals,Moses LakeTourism Commission,pointed outthatthe City's facilities are used by manypeople
from outside the area which brings in tourism dollars to the City.She pointed out that the tourism dollars
increase every year and closing any of the City's facilities willimpact those funds.
/D<23 AGRICULTURAL USES
Laura Lutz stated that she would like to see agricultural activities allowed in the City limits,such as urban
farming,micro farming,including any and all gardening such as fruit trees,composting,bee keeping,poultry,
rabbits,sheep,goats, pigs, cattle, etc.She listed her reasons forallowing such agricultural activities inthe
City.
Spencer Grigg,Parks and Recreation Director,pointed outthatthe City does havethe Community Gardens
where peoplecan rent plotsifthey wantto have a gardenand do nothave the facilities for it.
/J 90 FREEDOM SPORTS -ZONING
Freedom Sportsrequested the Council tochangethe zoning ofthe Moses Lake Industrial Park to allow the
wrestling academy.
Jerry Janke,representing Freedom Sports,stated that the sport ofwrestling isimportant tomanychildren and
requested a solution to allow their businesstostay in the Moses Lake Industrial Park Plat.
Gilbert Alvarado,Community Development Director,statedthatthe only solution isto change the zoning to
allow for thistypeofbusinesses.He pointed outthatthisareawas developed in the county and did notmeet
the standards of the City'scommercialor industrial zones. The areawas given itsown zoning designation
and uses were allowedthatwould be appropriateinthe area. He pointedoutthatthe existing useswould now
fall into the City's commercial zone.
There was some discussion and it was the consensus of the Council that staff draft some changes to the
zoning to allow for commercial uses.
/OS?ORDINANCE -DESERT GOLF ANNEXATION -2nd READING/PUBLIC HEARING
Anordinancewas presented which provides for the annexationof approximately 8.12 acres locatedadjacent
to Fairway Drive and includes the right-of-of Fairway Drive.
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CITY COUNCIL MINTUES September 23,2014
^/The ordinance annexing property commonly known asthe Desert Golf Annexation to the City of Moses Lake,
Washington,and incorporating thesame within the corporate limits ofthe City ofMoses Lake was read by
title only.
The public hearing was opened.
Joyce Mulliken,1654 Jennifer Lane,wanted toknow if this annexation would impact thecounty residences
adjacent to the area to be annexed, butnot included in the annexation.
Gilbert Alvarado,Community Development Director,stated that the annexation will not impact the county
residences adjacent to the area to be annexed, butnot included inteh annexation.
Action Taken:Mr.Lane moved that the public hearing be closed,seconded by Mr.Avila,and passed
unanimously.
Action Taken:Mr.Avila moved thatthe second reading ofthe ordinancebe adopted, seconded byMr.Voth,
and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 2.48 -PLANNING COMMISSION -2nd READING
An ordinance waspresented which changestherequirements toserveonthe Planning Commission toinclude
that a member shallreside within the Ccity limits orshallown property or a business within the City limits.
Sincethis changewould include people within the UGA,theexofficio members from the UGA are eliminated.
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The ordinance amending Chapter 2.48 ofthe Moses Lake Municipal Codeentitled "Planning Commission"
was read by title only.
Action Taken:Mr.Vothmovedthat the second readingofthe ordinance be adopted,seconded byMr.Avila,
andpassed with Mr.Deaneopposedas he felt thatmembersofthe Planning Commission shouldresidewithin
the City's limits.
ORDINANCE -CREATE 18.50 -RECREATIONAL MARIJUANA BUSINESSES -2nd READING /O&f
An ordinance was presented which regulates marijuana businesses in the City's limits.
The ordinance creating Chapter 18.50 of the Moses Lake Municipal Code entitled "Recreational Marijuana
Businesses"was read by title only.
Action Taken:Mr.Ecret moved that thesecond reading ofthe ordinance be adopted,seconded byDr.Curnel,
and passed with Mr.Deane and Mrs.Liebrecht opposed as she felt there should be a moratorium untilafter
the current court cases have been resolved.
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ORDINANCE -SHORELINE MASTER PROGRAM -1st READING
An ordinance was presented which repeals the existing Shoreline Master Program and adopts the updated
Shoreline Master Program.
The ordinance repealing the existing Shoreline Management Master Plan and adopting a new Shoreline
Master Program was read by title only.
Gilbert Alvarado,Community Development Director,gave some background and history on the Shoreline
Master Program.
Action Taken:Mr.Voth moved that the first reading of the ordinance be adopted,seconded by Mr.Avila,and
passed unanimously.
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CITY COUNCIL MINTUES September 23, 2014
SO'3 RESOLUTION -ABANDON EASEMENTS -HAYDEN HOMES ')
Hayden Homes has requested the abandonment of easements located in Blocks 1 and 2 of Point Lorraine
Estates.
The resolution authorizing abandonment of easements was read by title only.
Gilbert Alvarado,Community Development Director,stated that there are no utilities in the easements being
abandoned.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Dr. Curnel, and passed
unanimously.
//?7 RESOLUTIONS -NUISANCE ABATEMENT COSTS
Resolutionswere presented which affirm the Council's priorauthorization to staffto collectthe funds expended
forthe nuisance abatements at 1335 Megan,owned by Robert Sampson,1170 Grand,owned by Pedro and
Maria Sanchez,8615 Charles,owned by Brenda Cleis,and 823 Fairbanks,owned by Betty Duncan.
The resolution establishing the billing to be imposed against Robert Sampson as the owner of certain real
property upon 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:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Lane,and passed
unanimously.
The resolution establishing the billingto be imposed against Pedro and Marina Sanchez as the owners of
certain real property upon 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.Avila moved that the resolution be adopted,seconded by Mr.Lane,and passed
unanimously.
The resolution establishing the billing to be imposed against Brenda Cleis as the owner of certain realproperty
uponwhichthe Citycaused abatement of a nuisance to be performedaftera failure ofthe property ownerto
abate the same was read by title only.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Dr.Curnel,and passed
unanimously.
The resolution establishing the billing to be imposed against Betty Duncan as the owner of certain real
property upon which the City causedabatementofa nuisance tobe 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.
//?7 RESOLUTION -NUISANCE ABATEMENT -2003 BEAUMONT -MARKOVA LIVING TRUST
A resolution was provided which provides for the abatement of nuisances at 2003 Beaumont,owned by
Markova Living Trust.
The resolution determining that Markova Living Trust is the owner of certain real property within the City;that ^^^
a nuisance requiring abatement by City forces or forces contracted by the City exists on such property;and [\
directing the use ofsuch forces toabatethe nuisance found was read by title only.'
Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance
violations.
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CITY COUNCIL MINTUES September 23,2014
There was no other testimony.The hearing was closed.
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Dr.Curnel, and passed
unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION -None
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
NEPPEL DOCK
Nathan Pack, Moses LakeBusiness Association,requested Council supportfor improvements to the dock
located behind the Broadway Barand Grill in Neppel Landing.Thedockis maintained by the Moses Lake
Irrigation and Rehabilitation District.He mentioned that Downtown Destination,Inc.recommended that
Neppel Park be a hub with the existing dock being improved and maintained and including a water taxi
service.
Action Taken:Mr.Ecret movedthat the city endorse the projectof improving the dock,seconded by Mrs.
Liebrecht,and passed unanimously.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
BUDGET -GRANT COUNTY BOARD OF EQUALIZATION DECISION -REC/ORDINANCE -AMEND 3.30
UTILITYOCCUPATIONAL TAX - 2nd READING/RESOLUTION - AMBULANCE SERVICE UTILITY FEE
Joseph K.Gavinski, CityManager,stated that the Board of Equalization has made a decision on the appeal
byREC oftheir tax assessment.The decision isfavorable to the county so the Citywill receive will about$1.3
million,which will cover the City's costs for 2014.There is stillan issue for 2015 and 2016 as itis expected
that REC will again appeal their property tax assessment.The assessor is appealing the Board of
Equalization's assessment 2013 for 2014 and REC has also appealed that decision.It will take about two
years before a decision is reached on these appeals.The Citycannotdepend on any of those funds untilthey
have actually been rendered to the City. He mentioned that REC has appealed the most recent decision to
the Thurston County Superior Court.Because of the appeals,the City will still need to find about $1.2 million
in revenue or cuts for 2015.
There was some discussion on the amount of money the Citycould raise by increasing the ambulance utility
rate and placing all the utility occupational tax in the General Fund.
The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"//Y6p
was read by title only.
ActionTaken:Mr.Ecret moved that the second reading ofthe ordinance be adopted,seconded by Mr.Voth,
and passed unanimously.
A resolution was presented which sets the ambulance service utility fee at $11.10 per month.
The resolution establishing ambulance service utility rates was read by title only.//3^
Joseph K.Gavinski,City Manager,pointedoutthatifthe resolution isadopted, theGeneralFundwill nolonger
subsidize the Ambulance Fund.
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CITY COUNCIL MINUTES September 23,2014
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr. Avila,and passed
unanimously.
The regular meeting was adjourned at 9:30 p.m.
Dick Deane,Mayor
!.Robert Taylor,Finance Director
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