2015 05 26u
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MOSES LAKE CITY COUNCIL
May 26,2015
CouncilPresent:DickDeane,Bill Ecret,Karen Liebrecht,DavidCurnel,Todd Voth,Jon Lane,and JasonAvila
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:Elisia Dalluge led the Council in the flag salute.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes: The minutes of the May 12 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,andthoseexpense reimbursement claims,certified as required by
RCW 42.24.090,have been recordedona listing which has been made available tothe Council forapproval
and is retainedfor public inspection at the Civic Center.Asof May 26,2015the Council does approveforpaymentclaimsintheamountof$1,113,771.26;prepaid claims in theamounts of$22,466.93 and$46,515.74;
claim checks inthe amount of $2,119,681.71;and payrollinthe amount of $303,268.15.
Bernhardt Final Plat and Findingsof Fact: Columbia Northwest Engineering,representing Bill Bernhardt,//^ts
submitteda final platto subdivide 4.56acres into 14singlefamily lots.Thesite islocatedon LakesideDrive
south of Milwaukee Avenue and is zoned R-3,Multi-family 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,Conclusionand Decisionofthe PlanningCommission.
Resolution - Accept Easement -Mancilla:A resolution was presented which accepts an easement from JO/3
Ruben and Maria Mancilla for the Stratford Road sidewalk project.
Resolution -Boundary Line Adjustment -Pro-Touch CarWash&Detail.LLC:Aresolution was presented jo^/Q
which approves a boundary line adjustment between the Cityand Pro-Touch Car Wash &Detail,LLC by
exchanging property on Marina Drive extended.
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
ANDERSEN -CODE ENFORCEMENT
Mary Andersen,636 W. Village Avenue,stated that they received a letter from Code Enforcement concerning
a steel ramp placed in the gutterto aid in accessing their driveway becausethe curb is 5" high and the bottom
of the cars scrape the curb.
Jack Roberts,616 W.Village,stated that his bumper has been torn off when he backs out of the driveway
because of the high curb.He mentioned that because the newer cars are built low to the ground,the high
curbs are a hazard.
Gary Harer,Municipal Services Director,pointed out that the high curb was the community standard at the
time this subdivision wasconstructed.He stated thatthe remedy isto removethe curband put ina depressed
curb or hire a contractor to alter the curb.Some of the remedies used by the home owners,such as filling
i,)the area with concrete,are not acceptable to the City because it blocks the storm water and the ramps make
itdifficult for the street sweeper as they collect leaves and debris.
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CITY COUNCIL MINUTES May 26, 2015
Gilbert Alvarado,Interim City Manager,pointed out that the community standards have changed over the /""N
years and this type ofcurb is no longer the standard.'
There was some discussion by the Council and staff was directed to meet with the neighbors to try to work
out a solution.
//&5~CONCESSIONS
Moses Lake Ice Cream requested permission to sell ice cream in the City's parks.
Gilbert Alvarado,Interim City Manager,reminded the Council that the City is not operating its concession
stands this year so the Council agreed to allow the Moses Lake Robotics Team to operate the concession
stands at the ballfields.
Isabel Simard,Moses Lake Ice Cream,explained that she was approached about providing concession
services atthe ballfields because the lack of concessions has created a hardship forthe baseball community
and for the tournaments.
Kat Stebbins reminded the Council that they had granted permission for the Moses Lake Robotics Team to
man the concession stands at Larson Playfield and Lauzier Field for the tournaments for the next several
months.
Spencer Grigg,Parks and Recreation Director,mentioned the non-profit groups were contacted about
providing concessions this year,since the City was unable to provide that service due to funding issues.The
Campfire Robo Girls have previously provided concessions at some of the events at the amphitheater and
they expressed interest in providing that service.
There was some discussion by the Council and itwas recommended that Moses Lake Ice Cream come back /">
with a formal presentation.
ORDINANCES AND RESOLUTIONS
/03fa ORDINANCE -AMEND 16.40 -FIRE DEPARTMENT PERMIT FEES -2nd READING
An ordinancewas presented which bringsthe Fire Department permitfees inlinewiththe fee schedule used
by the Building Division.
The ordinance amendingChapter16.40ofthe Moses Lake Municipal Code entitled "Fire DepartmentPermit
Fees"was read by title only.
Action Taken:Dr.Curnel moved that the second reading of the ordinance be adopted,seconded by Mrs.
Liebrecht,and passed unanimously.
/QS1/ORDINANCE -AMEND 18.50 -RECREATIONAL MARIJUANA BUSINESSES -2nd READING
Anordinance was presentedwhich would allow the production,processing,selling,ordelivery of marijuana,
marijuana-infused products,oruseablemarijuana in the Heavy Industrial Zone.The ordinance alsoeliminates
references to Chapter 18.49,Site Plan Review, whichno longerexists.
The ordinanceamending Chapter 18.50ofthe Moses Lake Municipal Code entitled "Recreational Marijuana
Businesses"was read by title only.
Gilbert Alvarado,Interim CityManager,mentioned thatthe producerwouldsellhis marijuana to a processor
and not to the public like a retail store.
Action Taken:Mr.Lane moved that the second reading of the ordinance be adopted,seconded by Mr.Avila,
and passed with Mrs.Liebrecht,Dr.Curnel,and Mayor Deane opposed as this expands the areas where
marijuana can be grown.
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CITY COUNCIL MINUTES May26, 2015
l^J ORDINANCE -AMEND 8.14 -NUISANCES DEFINED -1st READING
An ordinance was presentedwhich amends Chapter 8.14,Nuisances Defined, to bringitinto compliance with
the recently adopted Chapter 1.20,Civil Code Enforcement.
The ordinance amending Chapter 8.14 of the Moses Lake MunicipalCode entitled "Nuisance Defined"was
read by title only.
Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Dr.Curnel,
and passed unanimously.
ORDINANCE -CREATE 18.63 -VACATION RENTAL DWELLINGS -1st READING
An ordinance was presented which creates Chapter 18.63,Vacation Rental Dwellings, which would permit
the rental of a single-family dwelling for less than thirty(30)days within allresidential zoning districts.The
issue of the fire sprinkler system requirement was discussed with the City's insurance carrier,and since the
requirement for a fire sprinkler system for 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.
The ordinance creatingChapter 18.63 ofthe Moses Lake Municipal Code entitled"VacationRental Dwellings"
was read by title only.
Action Taken:Mr.Ecret moved that this item be removed from the table,seconded by Mr. Lane, and passed
unanimously.
Gilbert Alvarado, Interim City Manager, provided background on the development of the ordinance and
^)explained the elements ofthe ordinance as proposed.
Katherine Kenison,CityAttorney,recommended that the language dealing withthe violations be amended
to include any violations of the A - K of the endorsement criteria are violations by the people using the
property.
Action Taken:Mr.Ecret moved that the ordinance be amended as recommended by the City Attorney and
the first reading be adopted,seconded by Mr.Lane, and passed unanimously.
ORDINANCE -BONDS -SINGLE READING
An ordinancewas presented whichauthorizesthe issuance and sale of limited tax general obligation bonds
which will be used to refinance the 2006 limited tax general obligation bonds.
The ordinance of the Cityof Moses Lake, Washington,providing for the issuance and sale of limited tax
general obligation refunding bondsofthe City in the principal amountof nottoexceed $4,225,000 to provide
fundsto refund certain outstandinglimited tax general obligation bonds of the City;and delegating authority
to approve the final terms of the bonds was read by title only.
Jim Nelson, bond attorney,explained the process of refinancing the bonds whichwill save the Citymoney on
interest on the bonds.
Scott McJannet,Bond Attorney,explained the procedure of issuing the bonds.
Action Taken:Mr.Avila moved that the ordinance be adopted on a single reading,seconded by Dr.Curnel,
and passed unanimously.
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CITY COUNCIL MINUTES May 26,2015
/Q%RESOLUTION -ACCEPT GIFT -MITCHELL f}
A resolution was presentedwhich accepts a donation of $500 from the Dean Mitchell family.The fundsare
to be used to enhance the Police Department's honor guard program.
The resolution accepting a cash donation of $500 from the Dean Mitchell family was read by title only.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted,seconded by Dr. Curnel, and passed
unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS
j 121 USE OF CASCADE PARK -SEATTLE OUTBOARD ASSOCIATION
The Seattle Outboard Association requested permissionto holda boat raceatCascade Parkon September
12&13,2015.The Parksand Recreation Commission recommended thatthe request be granted.
ActionTaken:Mr.Lane moved that the request be granted,seconded by Mr.Avila,and passed unanimously.
OTHER ITEMS FOR COUNCIL CONSIDERATION
I|if'ALCOHOL IN PARKS
'7^/7 Keith Marshall,Mount Rainier Professional Baseball League,requested permission to have abeer garden
/at thoir namfic at I arcnn PlavfiialH anrl I aimpr Athletir.CnmnlexattheirgamesatLarsonPlayfieldand LauzierAthleticComplex.
There was some discussion and Gilbert Alvarado, Interim City Manager, pointed out that the Liquor Control
Board will also be involved in this request.
ActionTaken:Dr.Curnel moved that the request be granted fora beer garden at Larson Playfieldand Lauzier
AthleticComplex,seconded by Mr.Avila,and passed unanimously.
/£/0 NAMING OF MAIN ACTIVITY PATH
Joe Rogers and Richard Teals,Co-Chairs ofthe Trails Planning Team,expressed theirsupportto name the
mainactivity path from Blue Heron ParktoCascade Parkthe Joseph K.GavinskiTrail inhonorofthe former
City Manager Joe Gavinski sincehe has been a dedicated supporter ofthe Trails Planning Team for overten
years.
Mr.Rogers stated thatwiththe helpof Mr.Gavinskithe Trails Planning Team has managed to form working
relationshipswitha number of other agencies inthe area and to keep viablethis organization of volunteers.
Action Taken:Mrs.Liebrecht moved thatthe trailfrom the BluffWest Major Plat to Cascade Park be renamed
the Joseph K.Gavinski Trail,seconded by Mr.Lane.
There was considerable discussion by the Council and Mr.Voth expressed concern about the vagueness of
the policy for naming city facilities and the fact that the activity trails throughout the City have not been
completed and how those might be named.
The motion passed with Mr.Voth opposed.
Mr.Ecret also felt that the policy on naming City facilities need to be refined.
Staffwas directed to review the policy on naming City facilities.
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CITY COUNCIL MINUTES
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
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May 26,2015
PROJECTS UPDATE
Gilbert Alvarado,Interim City Manager,provided a list of the on-going projects in the City.
FIRE DEPARTMENT -PERFORMANCE STANDARDS AND TRANSPORTS
Gilbert Alvarado, Interim City Manager,stated that the performance standards for the Fire Department is a
complex issue and staff has been discussing the costs associated with any formally adopted performance
standards and any possible legal ramifications.He suggested that a study session be set to discuss the
performance standards,the out-of-town ambulance transports,and the elimination of the day car.
There was some discussion by the Council.
A study session was set for Tuesday,June 2, at 6 p.m.
INVESTMENT REPORT
The City received $18,367.43 in investment income for April 2015.
SALES TAX/TRANSIENT RENTAL INCOME
The City received $368,481,785 in sales tax and $32,320.66 in transient rental income in April.
EXECUTIVE SEARCH SERVICES -PROTHMAN
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Gilbert Alvarado, Interim CityManager, explained some of the details of the contract with Prothman for the
recruitment of a new City Manager, which includes the cost of bringing the candidates to Moses Lake and
some other expenses for Mr.Prothman.Inorder to keep the costs reasonable,itwas recommended that the
candidates be offered a stipend and the expenses for Mr.Prothman will come to about 53,500.
The regular meeting was recessed at adjourned at 9:10 p.m. and the Council met ina 20 minute executive
session withthe CityAttorneyto discuss labor relations. The executive session was adjourned at 9:30 p.m.
and the regular meeting was reconvened.The regular meeting was adjourned at 9:30 p.m.
ATTEST Dick Deane,Mayor
W.TtoberyTaylor,Finance Director
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