2014 12 237561
MOSES LAKE CITY COUNCIL
December 23,2014
(J Council Present:Dick Deane,Bill Ecret,Karen Liebrecht,Jason Avila,Jon Lane,David Curnel,and Todd Voth
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:BriarIvory,Boy Scout, ledthe Council inthe pledgeofallegiance.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the December 9 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,andthoseexpensereimbursement claims,certified as required by
RCW 42.24.090,havebeen recorded ona listing which has been made available tothe Council forapproval
and isretainedforpublic inspection at the Civic Center. AsofDecember23,2014 the Council does approve
for payment claims in the amount of $728,898.80;prepaid claims in the amounts of $56,886.32 and
$44,118.39;claim checks inthe amountof $1,830,313.96;and payroll inthe amountof$309,589.28.
Resolution- BoundaryLineAdjustment- Dress: Aresolutionwas presented whichapproves a boundary line /OYO
adjustment between the City and William Dressby exchanging property atthe intersection ofWest Broadway
and West Third Avenue.
Accept Work -204 Drvwell Project:Cutting Edge Earthworks,Inc.has completed the 2014 Drywell Project.//3 ?
The work should be accepted and the 60-day lien period entered into.
Action Taken:Mr.Voth moved that the Consent Agenda be approved,seconded by Mr.Avila,and passed
\.J unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
AHO CONSTRUCTION -SUN TERRACE PHASES 2 THROUGH 8 PRELIMINARY PLAT-EXTENSION OF
APPROVAL
Aho Construction has requested a one year extension of the preliminary plat approval for the Sun Terrace
Preliminary Plat,Phases 2 through 8.
Anne Henning,Senior Planner,stated that a one year extension of the preliminary plat approval can be
granted by the Council.
Mel Aho,Aho Construction,stated that the plat has over 200 undeveloped lots and because ofthe economy
the one year extension will notbe timeenough tomarket them allso the propertywill be replatted inthe future.
Action Taken:Mr.Ecret moved that the request be granted fora one year extension,seconded by Mr.Lane,
and passed unanimously.
Mrs.Liebrecht requested that the regulations concerning plat extensions be reviewed.
ORDINANCES AND RESOLUTIONS
^_J ORDINANCE -AMEND 2014 BUDGET -2nd READING
An ordinance was presented which amends the 2014 budget.
The ordinance amending the 2014 budget forthe City of Moses Lake,Washington was read by title only.
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CITY COUNCIL MEETING December 23,2014
Action Taken:Mrs.Liebrecht moved that the second reading ofthe ordinance be adopted,seconded by Dr.f"^
Curnel,and passed unanimously.'
JO/O ORDINANCE - AMEND 2014 BUDGET- SINGLE READING
An ordinance was presented which amends the 2014 budget.
The ordinance amending the 2014budget for the City of Moses Lake,Washington was read by title only.
Action Taken:Mr.Lane moved that anemergencybe declared and the ordinance be adopted on a single
reading,seconded by Dr.Curnel, and passed unanimously.
/O^V ORDINANCES -AMEND 18.20.RESIDENTIAL ZONES.AND 18.06.DEFINITIONS -1st READING
Ordinances werepresented which amendthe residential zonesto permit accessorydwelling units as required
by the Washington State Housing Policy Act.
Anne Henning,Senior Planner,pointedoutthat,because the Citynow exceeds 20,000 in population,state
law requires that regulations be adopted dealing with accessory dwelling units.The Planning Commission
has reviewedthe regulations and recommended thatthe ordinances be adopted.
Mr.Voth felt that the accessory dwelling units should also be allowed in the R-3 Zone.
The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones"was
read by title only.
ActionTaken:Mr.Voth moved that the ordinance be amended by allowing an accessory dwellingunitinthe
R-3 Zone and the first reading ofthe ordinance be adopted,seconded by Mr.Avila,and passed unanimously.f^
The ordinance amending Chapter 18.06 of the Moses Lake MunicipalCode entitled "Definitions"was read by
title only.
Action Taken:Dr.Curnel moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,
and passed unanimously.
//qO ORDINANCE -ZONE CHANGE -HAYDEN HOMES -1st READING
Hayden Homes has requested a zone change for45.1 acres from C-2,General Commercial and Business,
to 17 acres of R-3, Multi-family Residential,and 28 acres of R-1,Single Family Residential.The property is
located east of SR-17,south of Wheeler Road,and north of the Crossroads Major Plats.
The ordinance amending Section 18.09.040 of the Moses Lake Municipal Code was read by titleonly.
Action Taken:Mrs.Liebrecht moved that the firstreading of the ordinance be adopted,seconded by Mr.Lane,
and passed unanimously.
f/9?RESOLUTIONS -NUISANCE ABATEMENT COSTS
Resolutionswerepresentedwhich affirm the Council's prior authorization tostafftocollect the funds expended
forthe nuisance abatements at 1046 S.Division,owned by Carlos Espinoza,2311 Maiers Road,owned by
Irreantum, LLC, and 8616 Jean Road,owned by Dick Cullinan.
The resolution establishing the billing tobe imposed againstCarlos Chavez Espinozaas the ownerofcertainrealpropertyuponwhichtheCitycausedabatementofanuisancetobeperformedafterafailureofthe ^^^
property ownerto abate the same was read by title only.f)
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Dr. Curnel,and passed
unanimously.
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CITY COUNCIL MEETING December 23,2014
\J The resolution establishing the billing to be imposed against Irreantum,LLC as the owner of certain real^^^property upon which the City caused abatement of anuisance 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 thebilling tobeimposed against Dick Cullinan astheowner ofcertain real property
upon which the City caused abatement ofa nuisance tobe performed after a failure ofthe property owner to
abate the same was read by title only.
Action Taken:Dr.Curnel moved thatthe resolution be adopted, seconded by Mrs.Liebrecht,and passed
unanimously.
RESOLUTION -AMBULANCE SERVICE UTILITY RATES
A resolution was presented which increases the ambulance service utility rates.
The resolutionestablishing ambulance service utility rates was read by titleonly.
Joseph K.Gavinski,City Manager,provided information onwhatwould havetobedoneto raise revenue in
orderto balance the ambulance fund.Healso explainedthat ifan EMS levywere to be approved, itwould
not take effect until the year after adoption.
There was some discussion on how to balance the revenue and expenditures inthe ambulance fund.
Mrs.Liebrechtwas in favor of keeping the ambulance service but was interested in funding it in the best
\J possible way.
Dr.Ryan Leonard, 7662 Chanute Street, wanted to know ifthe city has a balanced budget, how the $1.7
millionwould be used when the Revenue Sharing Agreement is completed in 2015,what are the projected
revenue figures for new businesses,have departments other than the Fire Department had personnel cuts,
whatmeasures have been implementedto make the departments moreefficient,whereare the savings made
by efficiencies made by the departments,and does the increase in the utility rate solve the problems.She
suggested a stakeholders group be formed to investigate the issue.
Mark Fancher,301 E.Inglewood,wanted to know ifall residents of the city get the benefit of the ambulance
service utilityfee,even those who live in apartments and have no utilityaccount.
Debbie Doran-Martinez,324 S.Pioneer Way,felt that more time is needed to consider all aspects of the
situation.
Mr.Ecret felt that a stakeholders group would be a good idea.
Letterswere read from James Irwin,MD and Sheila Chilson,Chief Executive Officer,Moses Lake Community
Health Center,supporting the ambulance service.
Mr.Gavinski stated that the budget is balanced on paper and since the Council did not act to implement the
measures necessary to actually balance the budget,itwill need to be discussed the first of next year. He
mentioned that all residents ofthe cityget the benefit ofthe ambulance service. He stated thatapproximately
15 positions, covering various departments,have not be filled over the last two years. He explained the
methods the City uses to collect the ambulance fees and pointed out that the Citywrites off those amounts
that cannot be collected. He mentioned that itdoes not matter how high the ambulance costs are, the City
only collects what the other agencies pay.
u
Mr.Avila suggested a survey be sent to all utility accounts to see ifthe citizens are willing to $15.96 forthe
service.
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CITY COUNCIL MEETING December 23,2014
Mr.Voth feltthat additionalinformationis needed on funding the ambulance service and was not in favorof /*%
increase the ambulance utilityrate at this time.
Dr.Curnel pointed out that the Council has been discussing the ambulance fund for several months and that
increasing the utility ratewill help alleviate the budget crisisand provide time for additional study ofthe issue.
Mayor Deane pointedoutthatthe utility ratehas consistentlyincreasedoverthe yearsas wellas contributions
from the General Fund to subsidize the ambulance service.
Mr.Ecret feltthat the Council lacks the information necessary to make a decision on the ambulance service
and to raise the ambulance utilityrate would be a mistake at this time.
Mrs.Liebrecht pointed out that the bottom line is finances and the Council needs additional information to
make the right decision.
The resolution establishing ambulance service utility rateswas readinits entirety.
ActionTaken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Avilaand failed with Mr.
Avila and Dr.Curnel in favor and Mr.Ecret,Mr.Voth,Mrs.Liebrecht,Mr.Lane,and Mayor Deaneopposed
as they felt that additional time is necessary to discuss the issue.
/Q/O'/j RESOLUTION -INTER-FUND LOAN
A resolution was presentedwhich provides foran inter-fund loan from theWater/Sewer Fund to the Sanitation
Fund.
The resolution authorizing an inter-fund loan to the Sanitation Fund 490 from the Water/Sewer Fund 410 was
read by title only./0m\
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Avila, and passed
unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
//£(j,BARRINGTON POINTE 3-DEFERRAL REQUEST
Phil Bloom of Columbia NW Engineering submitted a request for a deferral of the requirement to construct
an improved cul-de-sac for the proposed Barrington Point 3 Major Plat.A temporary cul-de-sac will be
provided,and the landowner will sign a covenant forpermanent improvements inthe futureifthe street is not
extended.The approved preliminary plat was approximately twice the size of the current proposal. Due to
market conditions, the platwas not developed,and the property has been sold to a different developer,Olsen
Homes. Similarto most developers inthe current economic climate,Olsen Homes is not able to take on 50+
lots at a time, so the proposal is to scale back the platto 27 lots. Stopping the street where itis proposed
requires a cul-de-sac.The developer's intention istodo a second plat for the remainder of Barrington Point
3 after the current one is completed.Since the street is intended to be extended,a permanent cul-de-sac is
not needed.The Planning Commission recommended that the deferral be granted, to allow a temporary
gravel cul-de-sac,subjecttoacovenantbeing provided for the improvements to Community Standards in the
future.
Action Taken:Mrs.Liebrecht moved that the request be granted,seconded by Dr.Curnel, and passed
unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION -None 0»
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CITY COUNCIL MEETING .December 23,2014
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
ORDINANCE -REAL ESTATE EXCISE TAX -SINGLE READING
Gary Mann,2405 Lakeside Drive,Carol Calder,5766 Ridgeview Drive,and Lynn Garza,1664 Jennifer Lane,
felt thatthe housing industry has not yet recovered and thatthe %of 1%real estate excise tax should be
repealed,especially since itwas passed on an emergency reading.
John Higgins,W.Broadway,felt thatthe funds raised should be allocated tothe Police Department.
There was discussion by the Council,it was pointed out that only Coulee City and Krupp have not
implemented this tax.
Action Taken:Mr.Ecret moved that the excise tax be repealed,seconded by Mr.Voth,and failed with Mr.
Ecret,Mr.Avila.and Mr.Voth in favor,and Mr.Lane,Dr.Curnel,Mrs.Liebrecht,and Mayor Deaneopposed.
Action Taken:Mr.Lane movedthat an emergency be declared and the real estate excise tax ordinance be
amended to change the date of implementation to March 13,2015,the tax sunset in two years, and the
ordinance be adopted on a single reading,seconded by Dr. Curnel.
Jason Hall,4751 Carl Road,suggested thatthedate ofimplementation correspondtothe mutually accepted
date of the sale.
There was additional discussion by the Council.
The motion passed with Mr.Ecret and Mr. Voth opposed.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
INVESTMENT REPORT JOB
The City received $17,338.58 in investment income for November 2014.
AMBULANCE REPORT
//39ThecashreportontheambulanceoperationsforthemonthofNovemberwasprovided.
The regular meeting was adjourned at 9:15 p.m.
Dick Deane,Mayor