2015 05 127609
MOSES LAKE CITY COUNCIL
I)May 12,2015
Council Present:DickDeane,Bill Ecret, Karen Liebrecht, David Curnel,Todd Voth,Jon Lane,and JasonAvila
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:Gavin Allison,9th grader from Moses Lake High School, led the Council in the
flag salute.
PRESENTATION AND AWARDS
PROCLAMATION
The proclamation honoring the one year anniversary of AstaReal Technologies,Inc. in Moses Lake,
Washington was read in its entirety.
CONSENT AGENDA
Minutes:The minutes of the April28 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 reimbursement claims, certified as required by
RCW 42.24.090,have been recorded on a listingwhich has been made available to the Councilforapproval
and is retained for public inspection at the Civic Center.As of May 12,2015 the Council does approve for
paymentclaims inthe amountof$1,420,768.07;prepaid claims inthe amounts of $25,149.14 and $50,153.21;
claim checks in the amount of $890,856.71;and payroll in the amount of $310,604.95.
I )Resolution -Accept Deed -Peterson:Aresolution was presented which accepts a quit claim deed from Eric /OYO
^~^D.Peterson,LLC which will clarify right-of-way along Dahlia Street.
Resolution -Abandon Easement - Moberq: Aresolution was presented which abandons easements located /O/S
between Lots 7 and 8 in Block 3 of the Glenmoor Reach 3 Major Plat.
Moses Lake Industries Preliminary Maior Plat&Findingsof Fact: Moses Lake Industries has submitted an //<££,
application to plattheir existing plant site at 8242 Randolph Road intoa one-lot plat of 87 acres.The site is
zoned HeavyIndustrial,whichcorresponds with the Comprehensive PlanLandUse Designationof Industrial.
A waiver of street improvements was requested.The Planning Commission recommended that the
preliminaryplatbe approved with conditions. The Council's approval ofthis decision incorporates and adopts
the Findings,Conclusion and Decision of the 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 -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
GRANT COUNTY PUD -PROJECTS UPDATE
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TonyWebb,General Manager,GrantCountyPUD,gavea presentationonvariousprojects including Crescent
Baragreement,Crescent Barrecreationoptions,Priest RapidsProjectTurbineand Generator Upgradesand
high speed network expansion.
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CITY COUNCIL MINUTES May 12,2015
//0'cA REQUEST TO USE CITY PROPERTY -BASIN BREWS &TUNES /"^
The Moses Lake Business Association is hosting the Basin Brews and Tunes in Downtown on June 27 from
4 p.m to 10 p.m.and requested the closure of Third Avenue from Beech to Ash and Ash Street from Third to
Fourth.Permission was also requested for the use of Sinkiuse Square for a beer garden,food and
commercial vendors,entertainment,and otheractivities and to sell unopened beer and wine for off premises
consumption.
Jasmyne DeBeaumont,Moses Lake Business Association,stated that they had a good turnout last year and
would like to continue the event this year.
Dave Helms,315 Ash,stated that he is notopposed to the event but was concerned aboutclosing the streets
duringnormal business hours. He pointedoutthatthe entire length of Ash Street between 3rd and 4th was not
needed for an eventa month ago and sothe portion ofthe street that was not needed for the eventwastaken
up by the participants to the detriment of the businesseson Ash Street.He suggestedthat the City determine
how much of a street needs to be closed rather than just closing an entire block.
Ms.DeBeaumont stated that they monitor how much of the street will be needed and perhaps the amountof
closure of the street could be modified.
There was some discussion by the Council.
ActionTaken:Mr.Lane movedthat the request be granted,seconded by Mr.Avila, and passed unanimously.
//6"^REQUEST TO USE CITY PROPERTY -BLOCK PARTY
Lisa Porter,1645 Wallace Street,stated that theywould like to have a block party and to close half of Wallace
Street between Turnagin and Sharon on Saturday,June 20 from 2 p.m.to 5 p.m.^"^
Action Taken:Mrs.Liebrecht moved that the request be granted,seconded by Dr.Curnel,and passed
unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCES -AMEND 3.16.3.18.5.04.and 6.18 - 2nd READINGS
Ordinances were presented which amend Chapters 3.16,Admissions Tax,3.18,Gambling Tax,5.04,
Licensing Regulations,and 6.18,Penalties and Enforcement,to bring them into compliance with the recently
adopted Chapter 1.20,Civil Code Enforcement.
//Vty-The ordinanceamending Chapter 3.16 ofthe Moses Lake Municipal Code entitled"Admissions Tax"was read
by title only.
Action Taken:Mr.Ecret moved thatthe second reading ofthe ordinance beadopted,seconded by Dr.Curnel,
and passed unanimously.
//Vis The ordinance amending Chapter 3.18 oftheMoses Lake Municipal Code entitled "Gambling Tax"was read
by title only.
Action Taken:Mr.Voth moved that the second reading of the ordinance be adopted,seconded by Mr.Avila,
and passed unanimously.
/()C?£The ordinance amending Chapter 5.04 ofthe Moses Lake Municipal Code entitled "Licensing Regulations"
was read by title only.
Action Taken;Mrs.Liebrecht moved that the second reading of the ordinance be adopted,seconded by Mr.
Lane,and passed unanimously.
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CITY COUNCIL MINUTES May 12,2015
{^J The ordinance amending 6.18 of the Moses Lake Municipal Code entitled "Penalties and Enforcement"was //<>O
read by title only.
ActionTaken: Dr.Curnel moved that the second reading ofthe ordinance be adopted,seconded by Mr.Avila,
and passed unanimously.
ORDINANCE - AMEND 17.12 -MAJOR SUBDIVISIONS -2nd READING
An ordinance was presented which changes the preliminaryplat approval period from 7 years to 5 years to
comply with state law and extending the approval period to three years.
The ordinance amending Chapter 17.12 ofthe Moses LakeMunicipal Code entitled"Major Subdivisions"was
read by title only.
Gilbert Alvarado,Interim City Manager,gave the history ofthe preliminary platreviewperiodand mentioned
that a preliminary plat is approved for five years and the approval can be extended for an additional three
years.
Action Taken:Mr.Avila moved that the second reading of the ordinance be adopted,seconded by Mr.Voth,
and passed unanimously.
ORDINANCE -AMEND 16.40 -FIRE DEPARTMENT PERMIT FEES -1st READING
An ordinance was presented which brings the Fire Department permit fees inlinewiththe fee schedule used
by the Building Division.
The ordinance amending Chapter 16.40 of the Moses Lake MunicipalCode entitled "Fire Department Permit
\^J Fees"was read by title only.
GilbertAlvarado,InterimCityManager, explained that these proposed changes came about as a result ofthe
discussions with Gary Ash from National Frozen Foods regarding Fire Department fees in general.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Dr. Curnel,
and passed unanimously.
ORDINANCE -AMEND 18.50 - RECREATIONAL MARIJUANA BUSINESSES -1st READING
Anordinance was presented whichwould allowthe production,processing,selling, or deliveryof marijuana,
marijuana-infused products, oruseable marijuanainthe HeavyIndustrial Zone. The ordinance also eliminates
references to Chapter 18.49,Site Plan Review, which no longer exists.
The ordinance amending Chapter 18.50 ofthe Moses Lake Municipal Code entitled "Recreational Marijuana
Businesses"was read by title only.
Mark Fancher,301 Inglewood Drive,stated that he was infavor ofthe change as itwould bringinadditional
business to the City.
Ryan Leonard,7662 Chanute, pointedoutthat marijuanaisalready allowed in the Light Industrial Zone and
was concerned about expanding those businesses into other areas.
Mrs. Liebrechtfeltthat marijuana operations would be more confined inthe Light IndustrialZone as opposed
to the HeavyIndustrial Zone which includesverylarge parcels. She did notwishthe City to become a large
marijuana growing community.
K^J Bob Fancher,6726 N.Frontage Road,felt that the Heavy Industrial Zone is the correct area for marijuana
growing and itfitswith the rulesestablished bythe state. Hepointedout that some ofthe taxes on marijuana
will be returned to those governmental entities that allow marijuana.
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CITY COUNCIL MINUTES May12,2015
Mayor Deane felt that the City should wait to see if there are any problems with the businesses in the Light {{**}
Industrial Zone before allowing expansion into the Heavy Industrial Zone.
Mr.Voth pointed out that the city would benefit from the marijuana business with increased tax revenue from
the state and that this type of business would be appropriate in a Heavy Industrial Zone.
Mr.Lane also felt that a marijuana business is better in the Heavy Industrial Zone.
Action Taken:Mr.Voth moved that the first reading of the ordinance be adopted,seconded by Mr.Lane,and
passed with Mrs.Liebrecht,Dr.Curnel,and Mayor Deane opposed.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
//(,(,WATER/SEWER SERVICE -GREGGS
Walter Greggs requested permission to connect 1235 Fairway Drive to the City's water and sewer system
without annexing the property to the City.The property is within one half mile of the City's limits but itwould
be impractical to require annexation because 90 feet of Fairway Drive along the front of the lot would have
to be annexed also and this would create a gap in the jurisdictional operation and maintenance of Fairway
Drive.
Mr.Greggs stated that his existing septic tank is failingand any new system would be difficult to meet current
regulations and so he is requesting to connect to City sewer.
Action Taken:Dr.Curnel moved that it be found to be impractical to annex the property into the City and that
the request for City services be granted with the stipulation that an Extra Territorial Utility Agreement be
required,seconded by Mrs.Liebrecht,and passed unanimously.
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/l(*b WATER/SEWER SERVICE -GARRO
Joe and Lori Garro requested permission to connect 2781 Westshore Drive to the City's water and sewer
system without annexing the property to the City. The property is more than one half mileof the City's limits.
Action Taken:Mr. Voth moved that the requestfor City services be granted with the stipulation that an Extra
Territorial Utility Agreement be required,seconded by Dr.Curnel,and passed unanimously.
//(s(f WATER/SEWER SERVICE -RAMIREZ/ESPINOZA
Carmen Ramirez and Joaquin Espinoza requested permission to connect2030 Westshore Drive to the City's
water and sewersystem without annexing the property to the City.The property is within one half mile of the
City's limits but itwould be impracticalto require annexation as the intervening property owners are not willing
to annex to the City at this time.
Action Taken:Dr.Curnel moved that it be found to be impractical to annex the property into the City and that
the request for City services be granted with the stipulation that an Extra Territorial Utility Agreement be
required,seconded by Mrs.Liebrecht,and passed unanimously.
/O/S'EXECUTIVE SEARCH SERVICES
Gilbert Alvarado,Interim City Manager,requested direction in the selection of an executive recruitment firm
to provide search services for a City Manager.(***)
Action Taken:Mrs.Liebrecht moved that the Interim City Manager be authorized to execute an agreement
with Prothman,seconded by Mr.Lane.
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CITY COUNCIL MINUTES May 12,2015
I J There wasconsiderable discussion by theCouncil on theprocess.
The motion passed with Mr.Voth opposed as he felt the Council should have further discussions on the
contract and process that should be used.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
CITY MANAGER POSITION
Chuck Perry,4204 W. Lakeshore Drive,stated that there are many conflicting stories being passed around
about the problems with the CityManager becausethe Councildidnot providea reason foritsdecision . He
feltthat the majordecisions that affect the City,itsgovernment, and itscitizensshould be explainedso the
public understands whythe Council made the decision and that keeping things open is criticalto a wellrun
city.
MOSES LAKE RAIL PROJECT
Debbie Doran-Martinez,Chamberof Commerce,requested the Councilto take a supporting positioninfavor
ofthe Port of Moses Lake's Columbia Basin RailProject. The project is inthe state's budgetand a favorable
vote bythe legislature would help remove the railfromthe downtown area and positivelyimpact the industrial
users at the Port.
The Council was in favor of the project.
EMS TASK FORCE
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Ryann Leonard and AprilAdams,Co-Chairs of the EMS Task Force,gave a presentation on the formation
and efforts of the EMS Task Force.Ms.Leonard mentioned that the Task Force has arrived at four
recommendations -accept the performance standards presented by the Asst.Fire Chief,made changes to
MLMC 2.30 by adding three definitions with regard to transports and include an exception to provided that
Moses Lake's Fire Department will not provide out-of-town transports,eliminate the day car and two single
role positions associated with it and eliminate the out-of-town transports.
Brett Bastian,Assistant Fire Chief,mentioned that oneof the personnel assigned to the day car hasaccepted
a position with anotheragency and,by contract,the position willhave to be covered with an overtime person.
By eliminating the day carand out-of-town transports,itwilleliminatethe necessity of filling the position by an
overtime person.
Gilbert Alvarado,Interim City Manager,stated that staff has been looking over the figures provided and
discussing the day car and out-of-town transport issue.
Action Taken:Mr.Ecret moved that staffprovide information on the day car and elimination ofthe out-of-town
transports,seconded by Mr. Voth,and passed unanimously.
CONCESSIONS
Debbie Doran-Martinez,Chamberof Commerce,statedthatthere isa non-profitgroupthatiswillingto provide
concessions at the parks but would like to have use of the permanent structures.
Gilbert Alvarado, Interim City Manager,stated that the City has been getting questions and complaints about
the lack of concessions at the ballfields and explained the background and concerns about outside vendors
using the City's facilities.
Spencer Grigg,Parks and Recreation Director,stated that the concessions were closed because of the
{^J budget cuts.He also pointed out that the ballfields need repairs to the power grid and new scoreboards but
no funds have been allocated.He mentioned that the City may lose many of the tournaments that have been
played here because of the deteriorating facilities and lack of concessions.
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CITY COUNCIL MINUTES May 12,2015
Kat Stebbins,1611 S.Monroe,Campfire Robotics Team,statedthat they would be willing to provide the /""^
concessions during tournaments but they would have to have access to the City's facilities.She mentioned
that they would not be using the grills or any of the bigger or specialized equipment,just the freezers and
refrigerators.
Action Taken:Mr.Ecret moved that the Campfire Robotics Team be allowed to use the City's concession
stand through a concession agreement,seconded by Mr.Voth, and passed unanimously.
Mr.Alvarado stated that the Moses Lake Rattlers Softball Team will be holding a tournament at Lauzier Field
on May 16 and 17 and requested Tacos El Rey to provide food service since the City's concession building
is closed.
Action Taken:Mayor Deane moved that the Tacos El Rey be allowed to provide food at Lauzier Field for the
softball tournament on May 16 and 17,seconded by Mr.Lane, and passed unanimously.
PERFORMANCE CONTRACTING
Jason Schmitt,850 E.Spokane Falls Boulevard, McKinstryConstruction Corporation,stated that they are a
design buildcontractorthat uses performance contracting to do infrastructure upgrades for public and private
entities.Performance contracting does not require the use of public works bidding laws, which means that
the lowest bidderdoes not automatically get thejob.There are guaranteed energy savings,project costs and
performance from the engineering.
COUNCIL QUESTIONS AND COMMENTS
NAMING CITY FACILITIES -HERON BLUFF/JOSEPH K.GAVINSKI TRAIL
/O/S Mrs.Liebrecht moved that the item considering the amendment to the City's policy for naming facilities be f**^
removed from the table,seconded by Mayor Deane,and passed unanimously.
Action Taken:Mrs.Liebrecht moved thatthe policy be amended by adding "or when an unusually outstanding
service to the city would so justify",seconded by Mr. Lane,and passed unanimously.
/<£/Q ActionTaken:Mrs.Liebrecht moved that the Heron Bluff Trail be renamed the Joseph K.Gavinski Trailin
honor of his years of service to the City,seconded by Mr.Lane, and passed unanimously.
CITY MANAGER REPORTS AND COMMENTS
/OSS VACATION RENTAL UPDATE
Gilbert Alvarado,Interim City Manager,stated that WCIA,the City's insurance carrier,stated that the
requirement for a sprinkler system at a vacation rental is not clearly spelled out by the International Building
Code and is not consistently applied across the state.The City should have no additional risk or exposure
should the Council decide to allow vacation rentals.
//6J FIRE DEPARTMENT -PERFORMANCE STANDARDS
Brett Bastian,Assistant Fire Chief,provided information on performance standards for the Fire Department.
The performance standards are a tool that sets goals for a response within the community.
There was some discussion by the Council and it was requested that the Fire Department investigate a
volunteer program.
Ron Roth,Health,Safety,Environmental Coordinator at SGL,stated that it takes 18 minutes for the Fire ^^^
Department to respond to an emergency call atSGL.Since there are about 2,000 workers in the area of SGL,/)
a response time of 18 minutes is not acceptable.He would encourage the Council to adopt the performance
standards.He mentioned that the company's insurance rate willbe higher because of the lack of response
time.
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CITY COUNCIL MINUTES .May 12,2015
AMBULANCE REPORT
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The cash report on the ambulance operations for the month of April was provided.
BUILDING ACTIVITY REPORT
The April Building Activity Report was provided./*-
The regular meeting was adjourned at 10:40.
ATTEST //s~t Dick Deane,Mayor