2015 07 147632
MOSES LAKE CITY COUNCIL
(j July 14,2015
CouncilPresent: DickDeane,Bill Ecret,Karen Liebrecht,DavidCurnel,Todd Voth, Jon Lane,and Jason Avila
The meeting was called to order at 7 p.m. by Mayor Deane.
PLEDGE OF ALLEGIANCE:Natalie Bunch and Zoe Sterner,6th graders, led the Councilinthe flag salute.
PRESENTATION AND AWARDS
PROCLAMATION
The proclamation designating July 2015 as Park and Recreation Month was read in its entirety.//3<£
EMPLOYEE PRESENTATIONS
Finance Department:Sam Dart,Engineering Tech I,was presented to the Council.
Finance Department:Sandra Estudillo,Accountant,was presented to the Council.
CONSENT AGENDA
Minutes:The minutes of the June 23 meeting were presented forapproval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the Finance
Director as requiredby RCW 42.24.080, and those expense reimbursement claims, certifiedas required by
RCW42.24.090, have been recorded on a listing which has been made availableto the Council forapproval
[I and is retained for public inspection at the CivicCenter. As of July 14,2015 the Council does approve for
payment claims inthe amount of $439,128.98; prepaidclaims inthe amounts of $9,751.52 and $76,115.15;
claim checks in the amount of $1,073,240.05;and payroll in the amount of $352,793.17.
Resolution -Accept Easement - Portof Moses Lake: A resolutionwas presented which accepts a municipal /O/S
easement from the Port of Moses Lake for the new Aerotec hanger.
Resolution -Accept Easement - Penn Plaza #4 Short Plat:A resolution was presentedwhichaccepts a utility /O/S
access easement from Penn Plaza,LLC for the Penn Plaza #4 Short Plat.
Resolution - Accept BoundaryLineAdjustment - Sharma Group.LLC:A resolution was presented which /O VO
approves the exchange of propertyassociated witha boundary lineadjustment between the Cityand Sharma
Group, LLC for a portion of Parkhill-Scea Addition, Lot 1 and Marina Drive right-of-way.
SixYearStreetTransportation Improvement Program -Set Datefor Public Hearing:A public hearing was set ///
for August 11 to consider the Six Year Street Transportation Improvement Program.
Crossroads North Phase II toVI Major Plats:Hayden Homes applied for five preliminary platsto subdivide ':;<^
34 acres into 153 single familylots. Deferralsto allowtemporary cul-de-sacs were requested.Deviationsto
block length standards for all east-west streets in the development and for lotwidth of one lotwere also
requested.The site is located east of Highway17,between Wheeler Road and Nelson Road. The site is
zoned R-1,Single Family Residential atthe south end and R-3,Multi-family residential,atthe northend. The
Planning Commission recommended that the preliminary plats and deferrals and waivers be approved with
conditions. The Council's approval of this 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
7633
CITY COUNCIL MINUTES July 14,2015
CONSIDERATION OF BIDS AND QUOTES
SEWER GENERATOR PROJECT
The City received four bids for the 2015 Sewer Generator Project.This project includes the replacement of
standby power generators and automatic transfer switches at six liftstations and installing a standby power
generator and automatic transfer switch at the Sand Dunes Treatment Plant Lab.
Action Taken:Mr.Lane movedthatthe bid be awarded to Farmers Electric II,LLC in the amountof$597,909,
seconded by Mrs.Liebrecht,and passed unanimously.
/OYcT STRATFORD ROAD SIDEWALK PROJECT
The City received two bids for the 2015 Stratford Road Sidewalk Project.This project includes construction
of sidewalks,busturnout,and a pedestrian at-grade railroad crossing on Stratford Road between SR-17 and
Maple Drive.The cost of the project is being shared between Grant County Public Works,Washington State
Transportation Improvement Board,Grant Transit Authority,and the City.
Action Taken:Mr.Lane moved that the bid be awarded to Moreno &Nelson Construction Corporation inthe
amount of $268,210,seconded by Mr.Avila, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/OU£GARAGE AND YARD SALE FREQUENCY
Scott Ramsden,622 Crestview,stated that his neighbor purchases abandoned storage units and sells the
items at a garage sale at his residence almost everyweekend which creates trafficand parking issues inthe
neighborhood.He mentioned that he did not object to an occasional yard sale but every weekend was ^\
excessive and requested an ordinance to limit this type of activity.
Katherine Kenison,City Attorney,explained the restrictions of any possibleordinance thatwould regulate yard
sales.
There was some discussion and staffwas requested to investigate the needto regulate the frequency of yard
sales.
/O/O MOSES LAKE YOUTH HOCKEY
Ty Howard,2043 Skyline, explained the positive impact the Larson Recreation Center and the ice rinkhas
had inthe Northwest and community and the negative impacts of the closure of the Larson Recreation Center
includingthe loss of revenue.He mentioned that hockeyteams fromallover the statewant to use the ice rink
since itis the only open airice rink inthe state and requested that the Larson Recreation Center and the ice
rink be opened for the coming season.
George Georgeson,903 Sand Dune Road,hockey coach for 14 years,stated that he was instrumental in
starting the hockey program in Moses Lake which gives the youth something to do inthe winter and helps
keep them offthe streets.
Ryann Leonard, 907 Sand Dune Road, felt it was important to at least open the ice rink if the Larson
Recreation Center could not be opened.
GilbertAlvarado, Interim City Manager,stated that staff is researching the possibility of opening the Larson
Recreation Center and the ice skating rink and the costs associated with those facilities.
Elisia Dalluge spoke in favor of opening the Larson Recreation Center and the ice rink.f**}
There was some discussion and staffwas directed to research the logistics and cost of opening the Larson
Recreation Center and the ice rink and the impact on all the departments.
o
7634
CITY COUNCIL MINUTES July 14,2015
I J ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -SINGLE /J^/
^-^READING/PUBLIC HEARING
An ordinance was presented which extends the moratorium on the establishment of"collective gardens"for
the medical use of marijuana.
Theordinance oftheCity of Moses Lake extending a moratorium on theestablishment ofmedical marijuana
collective gardens,defining "medical marijuana collective gardens",providing for a public hearing establishing
an effective date,and providing that the moratorium,unless extended,will sunset within six (6)months ofthe
date of adoption was read by titleonly.
Gilbert Alvarado,Interim City Manager,stated that because ofthechanges since the last moratorium was
adopted,herecommended that the issue ofcollective gardens beforwarded to the Planning Commission for
their review and recommendation for inclusion in the zoning code.
Katherine Kenison,City Attorney,stated that a recent court casehas upheld the authority ofcities to legally
ban collective gardens and the legislature has repealed collective gardens effective July 2016 and replaced
them with acooperative.Sheexplained some ofthe legislative changes and how those changes would affect
the regulations dealing with marijuana.
Action Taken:Mr.Voth moved thatPlanning Commission consider regulations for marijuana uses,seconded
by Mr.Avila,and passed unanimously.
ORDINANCES AND RESOLUTIONS
ORDINANCE - AMEND 18.40 - INDUSTRIAL ZONES - 2ndREADING
lj An ordinance was presented which would allow towing services and vehicle impound yards in the Moses Lake
Industrial Park Zone.
The ordinance amending Chapter 18.40 ofthe Moses Lake Municipal Code entitled "Industrial Zones"was
read by title only.
ActionTaken:Dr.Curnelmoved thatthe second readingofthe ordinancebe adopted,seconded by Mr.Avila,
and passed unanimously.
ORDINANCE -AMEND 16.52 -INSTALLATION AND MAINTENANCE OF AUTOMATIC FIRE /Q3U
EXTINGUISHING SYSTEMS -1st READING
An ordinance was presented which provides forlocal flexibility withthe requirement of fire sprinklers systems
foraGroup4 occupancy.The proposed amendmentwould assurance thatthe Citycan still provideadequate
coverage in certain scenarios if attic fire sprinkler systems are exempt from installation.
The ordinance amending Chapter 16.52 of the Moses Lake Municipal Code entitled "Installation and
Maintenance of Automatic Fire Extinguishing Systems"was read by title only.
Gilbert Alvarado,Interim City Manager,explained the changes to the requirement for sprinkler systems.
Brett Bastian,Acting FireChief,gave the background on attic sprinkler systems and the systems developers
would useto circumvent the requirements.The proposed changewould allowa standpipesystem ratherthan
an attic fire sprinkler system and still provide adequate safety.
u
Action Taken:Mr.Ecret moved that the firstreading of the ordinance be adopted,seconded by Dr.Curnel,
and passed unanimously.
ORDINANCE -AMEND 17.42 -BOUNDARY LINE ADJUSTMENTS -1st READING
An ordinance was presented which requires the proponent of a boundary line adjustment to pay the Grant
County recording fees.
/OS-'/
)Oil
7635
CITY COUNCIL MINUTES July 14,2015
The ordinance amending Chapter 17.42 of the Moses Lake Municipal Code entitled "Boundary Line /T^N
Adjustments"was read by title only.'
ActionTaken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr.Avila,and
passed unanimously.
jOR7 ORDINANCE -VACATE RIGHT-OF-WAY -1st READING
In 2014 FrancisGrant submitted a petitionto vacate the right-of-wayon Lot6, Replat of Lots 8 and 10,Block
4, Moses Lake Industrial Park Plat.At the June 23, 2015 Council meeting, the property owner's
representativeobjectedtothe amount requested as compensation for the vacated area. The Council agreed
that the price established by staff should be changed to reflect the purchase price of the lot.
An ordinance repealing Ordinance No.2718 and vacating a portion of right-of-way was read by title only.
Gilbert Alvarado,Interim City Manager,pointed out that the new ordinance reflects the purchase price
approved by Council.
ActionTaken:Mrs.Liebrecht moved thatthe first readingofthe ordinance be adopted,seconded by Mr.Voth,
and passed unanimously.
1197 RESOLUTION -NUISANCE ABATEMENT -8692 CHARLES AND 1046 DIVISION
Resolutions were presented which provide forthe abatement of nuisances at 8692 Charles Road, owned by
Kevin McBreen and 1046 Division Street,owned by Carlos Espinoza.
Gilbert Alvarado, Interim City Manager, provided an email from Kevin McBreen concerning the 8692 Charles
Road property./"N
Rick Rodriguez,was sworn in and provided testimony concerning the nuisance violations.
There was no other testimony.The hearing was closed.
The resolution determining that Kevin M.McBreen 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 of such forces to abate the nuisance found was read by title only.
The resolution determining that Carlos Chavez Espinoza 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 of such forces to abate the nuisance found was read by title only.
Action Taken:Mr. Ecret moved that the resolution concerning 8692 Charles Road be adopted,seconded by
Mr. Avila,and passed unanimously.
Action Taken:Dr.Curnel moved that the resolution concerning 1046 Division be adopted,seconded by Mr.
Lane, and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION -None
n
7636
CITY COUNCIL MINUTES _July 14,2015
(J NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
FIREWORKS
Joyce Cooley Wood,1136 Eastlake Drive,stated that the debris from the recent fireworks display ended up
on her property and the roof of her home and garage.She pointed out that the 4th of July was windy and the
area was verydrywhich created a high potentialforfires.
Gilbert Alvarado,Interim City Manager,statedthathe inspected thearea andthe whole length ofthestreet
andtheresidential property in theareawaslittered with debris from thefireworks display.One ofthereasons
for that was the wind shifted and blew the debris into this area instead of out inthe lake.
Brett Bastian,Acting Fire Chief,explained that the first fireworks isa windage shot to judge the wind and the
first shotwent where it was supposed to.After theapproval was given to begin,thewind shifted and under
thosecircumstances it isuptothepyrotechnic technician todetermine whether ornot tocontinue.The wind
waswithin the parameters set by thestandards ofthe industry.He mentioned thatthecurrent launch siteis
not preferred because ofthe proximity ofthe residential neighborhood.
Spencer Grigg,Parks and Recreation Director,stated that the parks personnel mowed thesiteand theFire
Department burned itoff prior tothe fireworks show.Thesitehas beenusedfor 25yearsandhas become
more residential in nature over the years.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
CENSUS -
\)1079
The population estimates from the Office of Financial Managementwere provided and showsthatthe City's
official population for 2015 is 22,080.
FIRE DEPARTMENT -OUT OF TOWN TRANSPORTS
GilbertAlvarado, InterimCityManager, explained that staff isgathering informationand discussing the issue
ofout-of-town transportswhich consistoftwo components -billing and operations.Theout-of-town transports
also impact the day car issue.The two positions that are assigned to the day carare both vacant at this time
and they are being filled by overtime firefighters. The proposed Memo of Understanding withthe Fire Union
would eliminate non-emergent out-of-town transports.The Memo of Understanding has been reviewed and
it is suggested that language be included that would give criteria on how and when to terminate the
Memorandum of Understanding.
There was considerable discussion by the Council.
ActionTaken:Mr.Ecret moved that non-emergentout-of-town transports be temporarily suspendedand staff
provide a revised Memo of Understanding to suspend allout-of-town non-emergenttransports,seconded by
Mr.Lane.
Mr.Alvarado pointed out that there is no signed Memo of Understanding at this time so thesuspension ofout-
of-town transports would not take effect until the document is signed which would be after itis approved by
the Council.
There was additional discussion and itwas the consensus tocontinue the meeting to Monday,July 20,2015,
at 6 p.m.
K^J Action Taken:Mr.Lane moved that the meeting be continued to Monday,July 20,2015 at6 p.m for the
purpose ofdiscussion a MemoofUnderstanding regarding out-of-town transports,seconded byMr.Avila,and
passed unanimously.
J03P
?9
113 9
/£)/o'
7637
CITY COUNCIL MINUTES July 14,2015
AMBULANCE REPORT
The cash report on the ambulance operations for the month of June was provided.
CITY MANAGER RECRUITMENT
GilbertAlvarado, InterimCityManager,stated that Prothman has posted the City Manager position on their
website. The descriptionincludes the issues the Counciland stafffeltwere importantfora new City Manager
to be aware of. A draft recruitment schedule was also provided.
QUARTERLY FINANCIAL REPORT
The 2015 second quarter financial report has been posted on the City's website.
The regular meeting was recessed at 9:45 p.m.and the Council met in a 10 minute executive session with
the CityAttorney to discuss potential litigation.The executive session was adjourned at 9:55 p.m. and the
regular meeting was reconvened.The regular meeting was adjourned at 9:55 p.m.
&*J<dr*-&4#^*G_
ATTEST //Dick Deane,Mayor
~