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7587
MOSES LAKE CITY COUNCIL
March 24,2015
Council Present:Dick Deane,BillEcret,Karen Liebrecht,Jon Lane,David Curnel,Todd Voth,and Jason Avila
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:Samantha Frey,Jacob Tucker,Gary Candela,students,led the Council in the
flag salute.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes ofthe March 10 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance
Director as required by RCW42.24.080,and those expense reimbursement claims,certified as required by
RCW 42.24.090,have been recorded on a listing which has been made available to the Council for approval
and is retained for public inspection at the Civic Center.As of March 24,2015 the Council does approve for
payment claims in the amount of $389,501.46;prepaid claims inthe amounts of $7,220.03 and $63,985.41;
claim checks in the amount of $1,220,702.22;and payroll in the amount of $306,596.69.
Industrial Waste Discharge Permit No.5 -Azko Nobel.Eka Chemical:Authorization was requested for JO^9
the City Manager to sign an industrial waste discharge permit for Azko Nobel, Eka Chemical.
Industrial Waste Discharge Permit No.17- D&L Foundry:Authorizationwas requested for the City /O S9
Manager to sign an industrial waste discharge permit for D & L Foundry.
Bernhardt Final Major Plat and Findings of Fact:Columbia Northwest Engineering,representing Bill //£C?
Bernhardt,submitted a final platfora 14-lot residential development on 4.56 acres located on Lakeside Drive
south of Milwaukee Avenue.The site is zoned R-3,Multi-Family Residential,which corresponds with the
underlying Comprehensive Plan Land Use Designation of High Density Residential.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,which
are included.
Resolution -Abandon Easement -Bud Wiser Plat:Aresolution was presented which abandons easements /0/J>
located between Lots 4 and 5 and 5 and 6 and the 10'access easement adjacent to the west lot lines in the
Bud Wiser Plat.
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 -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
LIONESS CLUB -SIGNS
The Lioness Club requested permission to place signs advertisingthe opening of their Spaceburger Booth
on April 10 through 12.A sandwich boardsign will be placedon Cityright-of-way atthe cornerofValleyand
Stratford and a banner sign willbe located at the corner of Broadway and Alder.
Action Taken:Dr.Curnel moved that the request be granted,seconded by Mr.Avila,and passed unanimously.
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CITY COUNCIL MINUTES March 24, 2015
/OSY AMEND 18.50 -MARIJUANA PRODUCTION f^)
Central Terminal requested an amendment to the Heavy Industrial Zone to allow marijuana producers and
processors.
Gilbert Alvarado,Community Development Director,stated that the Council recently amended the zoning
regulations to allow production and processing of marijuana in the Light IndustrialZone only.
Mark Fancher,Central Terminals,pointed out the area of the proposed marijuana production and processing
operation.
Marc Green,1395 Myers Creek Road,British Columbia,explained how the operation would function.
Bob Fancher,6726 N. Frontage Road E., felt that the growing and processing of marijuana is well suited to
the Heavy Industrial Zone but that a setback of 250'to 300'from property lines should be established.
Ryan Leonard,Moses Lake Community Prevention Coalition,pointedout that much thought was given to the
locationof marijuana and requested that the Council give additionalconsideration before a decision is made
to allow it in other areas.
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There was some discussion by the Council but no action was taken.
CHARITY FUND RAISING -CERVANTES
Connie Cervantes stated that she is proposing fund raising events in Moses Lake to helpthe March of Dimes
and Seattle Children's Hospital and to have someone from the Seahawks organization come to Moses Lake
to accept the funds being donated and requested the Council notifyalltheir friends and families of the events.
ORDINANCES AND RESOLUTIONS
!(j>0 ORDINANCE - REPEAL 6.05 AND CREATE NEW ANIMALCONTROL CHAPTERS -2nd READING
An ordinance was presented which repeals Chapter 6.05, Animal Control, and adopts new chapters dealing
with animal control.
The ordinance repealing Chapter 6.05 titled "Animal Control" and adopting new Chapters 6.02 titled
"Definitions",6.04titled "License Requirements",6.06titled "Rabies Control",6.08titled "Impounds",6.10 titled
"Dangerous Dog and Potentially Dangerous Dog", 6.14 titled "Miscellaneous Provisions",6.16 titled "Exotic
Animals",and 6.18 titled "Penalties and Enforcement"was read by title only.
Joseph K.Gavinski,City Manager,statedthatthe changes requested by Council at the first reading have been
incorporated into the ordinance.
Casey Cooper,1424 S. Hamilton,mentioned that the regulations require that females in heat be confined and
does not provide for the ability to walk such a dog or to enter such a dog in a dog show and he felt that
provision should be made to allow such activities.
Mr.Gavinski suggested the following language be included in 6.14.030:afterthe first sentence "Except that
an ownercan take the dog outofconfinementso long as on a leash and can take the dog to a show and show
that dog unleashed ifa requirement of the show."Add in the second sentence after"and that is not properly
confined","or leashed or being shown unleashed at a show".
Action Taken:Mrs.Liebrecht moved that the ordinance be amended as proposed by the City Manager and
the second reading of the ordinance be adopted,seconded by Mr.Avila, and passed unanimously.
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CITY COUNCIL MINUTES _March 24,2015
(I ORDINANCE -HANSEN ZONE CHANGE -2nd READING ^^
An ordinance was presented which would rezone 20.5 acresof property ownedby Mick Hansen from C-2,
General Commercial and Business to Light Industrial.The property is located southof I-90 across from the
Moses Lake Country Club.
Gilbert Alvarado,Community Development Director,stated that zone change will bring the property into
compliance with the Comprehensive Plan.
Action Taken:Mr.Ecretmoved thatthe second reading ofthe ordinance be adopted,seconded by Mr.Voth,
and passed unanimously.
ORDINANCE - REPEAL 1.20 - ADMINISTRATIVE ENFORCEMENT AND CREATE 1.20 -CIVIL CODE //0£
ENFORCEMENT -1STREADING
An ordinance was presented which repeals the current Chapter 1.20 of the Moses Lake Municipal Code
entitled "Administrative Enforcement"and adopts a newChapter1.20 titled "Civil Code Enforcement".This
new ordinanceis intended to clear up, clean up, and strengthen the civil code enforcement procedures.
The ordinance of the City of Moses Lake repealing the current Chapter 1.20 ofthe Moses LakeMunicipal
Code entitled "Administrative Enforcement"and adopting anewChapter1.20titled "Civil Code Enforcement"
was read by title only.
Anna Franz,Attorney,statedthatthe changes were brought aboutdue toa recentcourtdecision regarding
the procedures for code enforcement.
ActionTaken:Mr.Lanemoved thatthe first readingoftheordinancebe adopted,seconded by Mrs.Liebrecht,
\)and passed unanimously.
ORDINANCE -AMEND 13.12 -WATER.SEWER.AND STORMWATER RATES -1ST READING /D/V
An ordinance was presented which increases the water,sewer,and stormwater rates.
The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water,Sewer,and
Stormwater Rates"was read by title only.
Mr.Voth questioned the number of unmetered water services in the City.
There was some discussion and staff was directed to investigate the number of unmetered water services
in the City and if none are found,to delete that section of the ordinance.
Action Taken:Dr.Curnel moved that the first reading of the ordinance be adopted,seconded by Mr. Lane,
and passed unanimously.
RESOLUTION -INTER-FUND LOAN
A resolution was presented which provides for an inter-fund loan from the Water/Sewer Construction Fund
to the General Fund.
The resolution authorizing an inter-fund loan to the General Fund 000 from the Water/Sewer Construction
Fund 477 was read by title only.
Bob Taylor,Finance Director,stated that the loan is needed to cover current expenses and payroll.
K^J Joseph K.Gavinski,City Manager,stated that loan resolution has been drafted in a form that conforms with
whatthe State Auditor believes the loan should look like even though the City has not yet received a response
from the State Auditor on the format of the existing loans.
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CITYCOUNCIL MINUTES March 24,2015
Action Taken:Mr.Lane moved that the resolution be adopted,seconded by Mr.Avila and passed with Mr.f^\
Ecret and Mr.Voth opposed as they felt no action should be taken untila response it received from the State
Auditor.
I'£££RESOLUTION -SPRING FESTIVAL
A resolution was presented regardingthe Spring Festivalto be held on May21 -24,2015.
The resolution regarding the Moses Lake Spring Festival to be held May 21,22, 23, and 24,2015 was read
by title only.
Sean Salis,538 Clark,stated thatthere were 68 teams forthe 3on 3 tournament last yearand 20 teams were
turned away because they were late. He mentioned that they were hoping for 100 teams this year.
ActionTaken:Dr.Curnelmoved that the resolution be adopted and the CityManagerbe authorizedto sign
the Hold Harmless Agreement,seconded by Mrs. Liebrecht, and passed unanimously.
/OSp RESOLUTION -ANNEXATION POLICY
Resolutions were presented which amend the annexation policy by exempting agricultural fairs and port
districts.
The resolution repealing Resolution 3463 and adopting a new resolution setting forth a policywith regard to
the provision of water and/or sewer utilities outside the corporate limits of the City and setting forth an
annexation policy for the City of Moses Lake,Washington was read by title only.
Carolann Swartz,County Commissioner,requested that the Council consider adopting the new policyto allow
the fairgrounds tobeconnected to City water without therequirement to annex.f~*)
Mayor Deane provided information that shows that the City allows farm animals in the Public Zone which is
whatthe fairgrounds would be zoned ifitwere annexed into the City. He also pointed outthat there are many
fairgrounds in the state that are within a city's limits. He felt that the existing annexation policy should be
retained.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Voth.
Mr.Voth felt that the annexation policy should be amended to allow the fairgrounds to connect to city sewer
without the requirement for annexation inorder to prevent the installationof a sewer lagoon.
Mr.Ecret pointed out that this would aid incleaning up the ground water.
Mrs.Liebrecht felt the existing annexation policy should be retained.
Mr.Lane stated that annexation is not a bad thing and he is unaware of other fairgrounds that have suffered
from beingannexed intoa city.He pointed outthatthe Port of Moses Lakehas also requested Cityservices
withoutthe requirementtoannex and he felt itwas unfair totreatone government entitydifferentfrom another
and that the existing policy is fairand equitable to all.
The motion passed with Mr.Ecret,Mr.Voth,Mr.Avila,and Dr.Curnel in favor and Mayor Deane,Mrs.
Liebrecht,and Mr.Lane opposed.
REQUEST TO CALL FOR BIDS
/A'/ MAE VALLEY SEWER IMPROVEMENT PROJECT ^
Staffrequested authorization to call for bids for the 2015 MaeValleySewer Improvement Project.This project
includes installing 1,850'of 12"force mainthroughBlue Heron Parkand 1,800'of 18"gravity sewer main in
Westshore Drive,decommissioning the existing Montana Sewer LiftStation, and constructing the new Blue
Heron Lift Station.
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CITY COUNCIL MINUTES March 24, 2015
()Gary Harer,MunicipalServices Director,stated that these improvementswould provide forgrowth inthis area.
Action Taken:Mrs.Liebrecht moved that staff be authorized to call for bids,seconded by Dr. Curnel, and
passed unanimously.
REFERRALS FROM COMMISSIONS
KWICKY CORNER -LANDSCAPING
Howard Skaug,635 Desertview Drive, provided a conceptual plan of the landscaping proposed for the
intersection of W. Broadway and Third Avenue known as Kwicky Corner. He mentioned that the estimated
cost would be between $100,00 and $200,000.
Spencer Grigg,Parks and Recreation Director,stated that the Parks and Recreation Commission approved
the conceptual plan for the landscaping of this triangle area but pointed out that any landscaping willhave to
be well planned becausethere isa visibilityissue atthis intersection.He also expressed concern forthe ability
of the Department to provide maintenance.
There was some discussion by the Council and they were in favor of the concept but because of the City's
finances,the project would not be viable at this time.
OTHER ITEMS FOR COUNCIL CONSIDERATION
KNAUF INSULATION -REQUEST FOR DIRECTION
Knauf Insulation requested a Certificate of Occupancy forthe former Guardian Insulation production building
located at 3741 Road N NE.The building has been inspected by the Building Division and is roughly 95%
i J complete.Outstanding items include some site improvements and completing the code requirements under
^-^the Fire Code.
Gilbert Alvarado,Community Development Director,stated that the outstanding improvements willstill need
to be completed even if a Certificate of Occupancy is granted.
Erik Kowaleski,Knauf Insulation,stated that theywould like to use this building as a distribution centerfor the
Northwest and Western Canada within the next 6 weeks.Some of the requirements to obtain a Certificate
of Occupancy cannot be completed in that time.
There was some discussion by the Council.
Action Taken:Mr.Lane moved that a variance to MLMC 16.36.015 be granted and that it be found that the
variance would be in the best interest and welfare of the community and that fire protection will not be
compromised,seconded by Mr.Avila, and passed unanimously.
BUSBY PRELIMINARY PLAT -EXTENSION
Busby International, Inc.has requested a one year extension of the preliminary plat approval for the Busby
Preliminary Major Plat.The preliminary plat was approved April 8,2008.
Gilbert Alvarado,Community Development Director,stated that staff has no concerns with the request.
Action Taken:Dr.Curnel moved that a one year extension of the preliminary plat approval be granted,
seconded by Mr.Voth,and passed unanimously.
FIRE DEPARTMENT PERFORMANCE STANDARDS
Informationon performance standards for fire departments was presented along with a "white paper"written *
by Ray Crouch,Sr. University of Tennessee,MTAS Fire Management Consultant.
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CITY COUNCIL MINUTES March 24, 2015
Joseph K.Gavinski,City Manager,provided information on three additional cities not included in the original /""^
Fire Department Report.He stated thatthe City does have to adopt some standards under RCW 35.92 but
it also states that it is not intended to in any way modify or limit the authority of code cities to set levels of
service.The statute provides for the type of standards that should be adopted but not the level of service.
Brett Bastian,Asst,Fire Chief,described the need for standards and mentioned that they would be used as
a tool to more effectively serve the City.
There was considerable discussion and itwas the consensus of theCouncil thata resolution setting standards
for the Fire Department be drafted.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
1/0^STREET CLOSURE
Dale Holeman,Relay for Life,stated thatthey are putting on a fund raiser at Sinkiuse Square on April4,2015.
The funds will be donated to the American Cancer Society.He requested the closure of half of Ash Street
beginning at Third Avenue.
Mr.Lane requested that the merchants be notified of the street closure.
Action Taken:Mr.Ecret moved that the request be approved,seconded by Mr.Voth,and passed
unanimously.
(O?^COMPREHENSIVE PLAN AMENDMENT
Mark Johnson,Moses Lake School District,statedthatthe School District has property on Stratford Road and
Harris Road that they would like included in the City's Urban Growth Area.The County has requested an f^\
endorsement from the City.
Gilbert Alvarado,Community Development Director,pointed out that the County has the authority to include
a piece of property in the City's UGA but the county willnot consider the request until it has been reviewed
by the City Council.
Action Taken:Dr.Curnel moved thatthe request from the School District be endorsed,seconded by Mr.Avila,
and passed unanimously.
NATIONAL FROZEN FOODS -HAZARDOUS PERMIT FEES
Gary Ash,National Frozen Foods,stated that they object to the cost of a hazardous material permit and do
not understand the reason for the fee.The EPA requires reporting of hazardous materials along with the
Department of Ecology and did not see why the City should collect a fee.
There was some discussion and It was the consensus ofthe Council that Mr.Ash meet with the staff about
this issue.
COUNCIL QUESTIONS AND COMMENTS
/O/y RESOLUTION -CITY MANAGER
Mr.Ecret read a resolution stating the Council's intent to remove the City Manager due to a lack of trust and
confidence in his abilityto carry out his duties and responsibilities ina manner satisfactory to the Council and
giving him 30 days to respond.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Voth.f***)
Mayor Deane requested discussion amongst the Council including the reason for the resolution and for
excluding members of the Council from being notified of this resolution in advance.
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CITY COUNCIL MINUTES March 24, 2015
Mr.Ecret stated that the resolution speaks for itself.
Mrs.Liebrecht stated that she would have likedto have some inkling ofwhat was coming because the Council
needs to be prepared to make sound decisions and would not be prepared to pass a resolution that quotes
numbers without facts behind them.
Mr.Lane stated that he had complete confidence inthe City Manager and that he is doing a good job.
The motion passed with Mr.Ecret,Mr.Voth,Mr.Avila,and Dr.Curnel infavorand Mayor Deane,Mr.Lane,
and Mrs.Liebrecht opposed.
ActionTaken:Mr.Ecret moved that the CityManager be suspended for the 30 days,seconded by Mr.Voth,
and passed with Mr.Ecret,Mr.Voth,Mr.Avila,and Dr.Curnel infavor, and Mayor Deane,Mr.Lane, and Mrs.
Liebrecht opposed.
Mr.Ecret pointed out that during the absence of the City Manager the City will need a substitute and
recommended Gilbert Alvarado,Community Development Director.
Mr.Alvarado stated that he would do as the Council requested.
Action Taken:Mr.Ecret moved that Gilbert Alvarado be named to substitute for the City Manager,seconded
by Mr. Voth,and passed unanimously.
Mr.Ecret requested a special meeting to discuss with the Council and department heads to discuss where
the City moves from this point.
Itwas recommended that the meeting be scheduled for when the City Attorney could be present.
CITY MANAGER REPORTS AND COMMENTS
SALES TAX/TRANSIENT RENTAL INCOME
The City received $437,747.56 in sales tax and $45,363.54 in transient rental income in January
The City received $499,833.67 in sales tax and $22,720.18 in transient rental income in February.
The regular meeting was adjourned at 9:40 p.m.
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ATTEST //Dick Deane,Mayor i^e.
W.Robert Taylor,FjpaVice Director
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