2015 09 227660
MOSES LAKE CITY COUNCIL
(J September 22,2015
Council Present:Dick Deane,Bill Ecret,Karen Liebrecht,Todd Voth,andJason Avila Absent:Jon Lane and
David Curnel
The meetingwas called to order at 7 p.m. by Mayor Deane.
Public Comment:Mrs.Liebrecht moved thatpublic comment be limited to5 minutes duetothe length ofthe
agenda, seconded by Mr.Voth,and passed unanimously.
PLEDGE OF ALLEGIANCE:Sierra Perales,High Schoolstudent, ledthe Council in the flag salute.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes ofthe September 8 meetingwere presented forapproval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified bythe 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 listing which has been made available totheCouncil for approval
andis retained for public inspection atthe Civic Center.AsofSeptember 22,2015the Council doesapprove
for payment claims in the amount of $481,636.39;prepaid claims in the amount of $106,461.58;claim checks
inthe amount of $898,899.67;and payroll inthe amount of $346,995.84.
Crossroads North Phase 1 Final Maior Plat and Findings of Fact:Hayden Homes has submitted a final plat /MC*
application for a 28-lot residential plat on 8.54 acres located eastofHighway 17,north ofCrossroads 5 and
I l 6,westofCrossroads Park andThe Lakes Manufactured Home Park,andsouth ofWheeler Road.Thesite^^^is zoned R-1,Single Family Residential,which corresponds with the underlying Comprehensive Plan Land
UseDesignation ofLow Density Residential.The Planning Commission recommended thatthe final plat be
approved with conditions.
Resolutions -Accept Easement-Desertpoint Retail Maior Plat.CBSP.2nd Amendment:A resolution was /p/j?
presented which accepts an access easement from Maiers Development Corporation for the Desertpoint
Retail Major Plat,Commercial Binding Site Plan,2nd Amendment,locatedon Yonezawa Boulevard.
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
STORM DRAINAGE PROJECT -2015
The City received six bids for the Storm Drainage Project 2015. This project includes the construction of a
grassy swale,a drywell at five locations,and replacement of eight storm drain manhole castings.The
additives include the installation of a drywell at two additional locations and the construction of a storm water
retention pond along Road N.
Action Taken:Mrs.Liebrecht moved that the bidbe awarded to Cutting Edge Earth Works, Inc. inthe amount
of $158,766,seconded by Mr.Avila,and passed unanimously.
MAE VALLEY SEWER IMPROVEMENTS PROJECT -2015 REBID
The City receivedfourbidsforthe MaeValley Sewer ImprovementProject 2015 Rebid. Thisprojectincludes
installing 1,850'of 12"forcemainthrough Blue HeronParkand 1,800'of18"gravity sewer maininWestshore
Drive,decommissioning the existing Montana Sewer Lift Station,and constructing the new Blue Heron Lift
Station.
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CITY COUNCIL MINUTES September 22, 2015
The apparent low bidder,Peg ram Construction,did not include a signed addendum with their bid proposal f"^
and did not include a total contract price as required by the specifications.Staff recommended that the
Council find Pegram Construction's bid as non-responsive and award the bid to the next low bidder POW
Contracting,Inc.
There was some discussion on the bidding process.
Action Taken: Mrs. Liebrecht moved that the bid from Pegram Construction be rejected as being non-
responsive,seconded by Mr.Avila,and passed unanimously.
Action Taken:Mr.Avila moved that the bid and Alternate A be awarded to POW Contracting, Inc. in the
amount of $739,908,seconded by Mrs. Liebrecht, and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
//^GRANT COUNTY HEALTH DISTRICT
Theresa Adkinson,Acting Administrator of the Grant County Health District,presented information on the
public health programs and activities occurring throughout Grant County and updated the Council on other
health issues and programs the Health District is involved in.
Todd Phillips,Environmental Director of the Grant County Health District,provided information on the duties
and responsibilities of one of the inspector in the Moses Lake area.
COMMUNICATION -DALLUGE
Elisia Dalluge,211 E.7th Avenue,#18,requested that her communication to the Councilbe tabled until the
nextmeetingwhen allCouncil members are present./""N
Action Taken:Mr. Voth moved that the communication from Elisia Dalluge be tabled,seconded by Mrs.
Liebrecht,and passed unanimously.
ORDINANCES AND RESOLUTIONS
/Dp?ORDINANCE -VACATE RIGHT-OF-WAY -2ND READING
An ordinance was presented which vacates the right-of-way on Lot6, Replat of Lot7, Block4, Moses Lake
Industrial Park Plat.
The ordinance vacating a portion of right-of-way was read bytitleonly.
GilbertAlvarado,Interim CityManager,stated that the reimbursement forthe vacated property is based on
the purchase value and not the appraised value.
ActionTaken:Mr.Ecret moved that the second reading ofthe ordinance be adopted,seconded by Mr.Avila,
and passed unanimously.
/O^ORDINANCES -AMEND 5.06AND 5.07-LICENSING REGULATIONS AND ITINERANT VENDORS - 1st
READING
Ordinances werepresentedwhich amendMosesLake Municipal CodeChapter5.06,Licensing Regulations -
Temporary Locations,and Chapter 5.07,Itinerant Merchants and Vendors.The changes will bring the
regulations more into line with what is actually required ofmobile vendors.
Gilbert Alvarado,Interim City Manager,explained the changes in the mobile food vendors over the past f0^)
severalyears and the need toupdatethe City's regulations.
The ordinance amending Chapter 5.06 ofthe Moses Lake Municipal Code entitled "Licensing Regulations -
Temporary Locations"was read bytitle only.
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CITY COUNCIL MINUTES September 22,2015
i^_J Action Taken:Mr.Ecret moved that the first reading of the ordinance be adopted,seconded by Mrs.Liebrecht,
and passed unanimously.
The ordinance amending Chapter 5.07 of the Moses Lake Municipal Code entitled "Itinerant Merchants and
Vendors"was read by title only.
Action Taken:Mr.Avila moved that the first reading of the ordinance be adopted,seconded by Mr.Voth,and
passed unanimously.
/CK^ORDINANCE -CREATE 5.32 -YARD SALES AND GARAGE SALES -1st READING
An ordinance was presented which establishes regulations for yard and garage sales.
The ordinance creating Chapter 5.32 of the Moses Lake Municipal Code entitled "Yard Sales and Garage
Sales"was read by title only.
GilbertAlvarado,Interim City Manager,explained some of the proposed regulations for yard and garage sales.
Rod Davis 1717 Legend Lane,felt that the ordinance needs to define yard sale,garage sale,moving sale,
estate sale,etc.but that regulating such sales would hurt the community and the businesses.
Ryann Leonard,907 Sand Dune,felt that the ordinance is unnecessary but wanted to know if it would applytochurches,garage sale fund raisers,and multi-family yard sales.She was concerned about restricting
garage and yard sales.
Dave Funderburgh,619 N.Crestview,did not feel that yard and garage sales need to be regulated as the
proposedordinanceaffectstoo manypeople unnecessarily.
M Scott Ramsden,622 Crestview,felt that the number of reasonable garage sales needs to be determined as
every week is too many.
There was considerable discussion by the Council and it was the consensus that existing ordinances could
be amended to regulate yard sales and that definitions be included of the different types of yard and garage
sales.
/q$i/ORDINANCE -AMEND 18.57 -LANDSCAPING -1st READING
An ordinance was presented which amends the landscaping regulations to encourage the use of drought
tolerant plants and native and naturalized plant speciesas well as non-living items.
The ordinance amending Chapter 18.57 of the Moses Lake Municipal Code entitled "Landscaping"was read
by title only.
Gilbert Alvarado,Interim City Manager,gave the background onthe proposed changestothe landscaping
ordinance.
Action Taken:Mrs.Liebrecht moved thatthe first reading oftheordinancebeadopted,seconded byMr.Voth,
and passed unanimously.
jjCfj RESOLUTIONS -NUISANCE ABATEMENTS -1061 DIVISION AND 826 GRAND
Resolutions werepresented which provide fortheabatement ofnuisancesat 1061 Division,ownedbyBonita
Evens,and 826 S.Grand,owned by Bryan Starrett.
^J Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance
violations.
There was no other testimony.The hearing was closed.
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CITYCOUNCIL MINUTES September 22,2015
The resolution determining that Bonita Evens 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 1061 S. Divisionbe adopted,seconded by Mr.
Avila,and passed unanimously.
The resolution determining that Bryan Starrett 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.Avila moved that the resolution concerning 826 S. Grand be adopted,seconded by Mrs.
Liebrecht,and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION -None
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
//Sot STREET CLOSURE
John Wilson,222 E. Third Avenue,requested the closure of 75'of Balsam Street north and south ofThird
Avenue on September 28 from 3:30 to 5:30 as membersofthe Steven Siller Tunnel to Tower Foundation will
be in Moses Lake to present Skaug Brothers Carpet 1with a piece of the Twin Towers in recognition of Carpet
1's efforts to construct smart homes for firefighters and veterans who have been catastrophically injured. He /•"N
requested the fire trucks park on Balsam and raise the American flag overhead on their ladders during this
presentation.
Action Taken:Mr.Ecret moved that the request to close the street be granted with the stipulation that they
coordinate with the City staff,seconded by Mrs. Liebrecht, and passed unanimously.
//3^FIRE DEPARTMENT
Troy Hesse,Paramedic/Firefighter,reported that,because the Fire Department is no longer providing non-
emergent out-of-towntransports,the Departmentisableto reduce the overtime and respond to emergencies
with full crews.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
/030 PROJECTS UPDATE
Gilbert Alvarado,Interim City Manager,provided an updateof the current projects within the City.
/003 INVESTMENT REPORT
The City received $19,060.82 ininvestment income for August 2015.
//^f-C SALES TAX/TRANSIENT RENTAL INCOME
llSf'fc The City received $536,287.09 in sales tax and $59,177.66 in transient rental income in August.(^)
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CITY COUNCIL MINUTES September 22,2015
EXECUTIVE SESSION
The regular meeting was recessed at 8:40 p.m. and the Council met ina 10 minute executive session with
the CityAttorneyto discuss personnel.At8:50 p.m. the Council requested an additional fiveminute executive
session.The executive session was adjourned at 8:55 p.m. and the regular meeting was reconvened.
The regular meeting was adjourned at 8:55 p.m.
ATTEST //#„,,y/Dick Deane,Mayor
AW.Robert Taylor,Finance Director