2016 08 097746
MOSES LAKE CITY COUNCIL
August 9,2016
The regular meeting oftheMoses Lake City Council was called toorder at7p.m.by Mayor Voth in the Council
Chambers of the Civic Center,401 S.Balsam,Moses Lake,Washington.
Executive Secretary Sophia Guerrero calledthe roll.The following were:
Present:Mayor Todd Voth,Deputy Mayor Karen Liebrecht,and Council members Bill Ecret,Don Myers,Mike
Norman,and David Curnel
Absent:Council member Ryann Leonard
Action Taken:Mr.Curnel moved toexcuse Mrs.Leonard from the meeting,seconded by Mr.Norman,and
passed unanimously.
PLEDGE OF ALLEGIANCE:Mayor Voth ledthe Council inthe flag salute.
SUMMARY REPORTS
CERTIFICATION OF ACHIEVEMENT- DIRT BROTHERS BASEBALL TEAM
ACertificate of Achievement was presented to members of the 14U Dirt Brothers Baseball Team for their
participation in the 2016 Babe Ruth League 14 Year Old Pacific Northwest Regional Championship.
PRESENTATIONS
Fire Department:Brett Bastian,Fire Chief,was introduced tothe Council,received the badge ofoffice,and
took the oath of office.
CITIZEN'S COMMUNICATIONS -None
EXECUTIVE SESSION
The regular meeting was recessed at 7:09 p.m.and the Council met in a 15 minute executive session with
the City Attorney under RCW 42.30.110(F)to receive orevaluate complaints orcharges brought against a
public officer or employee.
The executive session was adjourned at 7:24 p.m.andthe regular meeting was reconvened.
CONSENT AGENDA
Mr.Curnel requested that the Bills and Checks be removed from the ConsentAgenda.
Minutes:the minutes ofthe July26 meeting were presented forapproval.
Accept Work -Cascade Park Sewer Improvement Project:Pipkin Construction has completed work on the /0/3
2016 Cascade ParkSewer ImprovementProject. The projectconsisted of installing sewer linesand a pump
station to serve Cascade Park.The work should be accepted.
Accept Work -Well Drilling Project:Tacoma Pump &Drilling,Inc.has completed work on the 2015 Well //^/
Drilling Project. The project consisted of drilling four shallow wells. The work should be accepted.
Resolution -Accept Easement -Shinn:Aresolution was presented which accepts a utility accesseasement /O/J
for Shinn Short Plat,Lot 1 Commercial Binding Site Plan.
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CITY COUNCIL MINUTES August 9, 2016
)/<P)&Barrinaton Point 3Final maior Plat -Findings of Fact:Olsen Homes submitted an application for afinal plat
of 27 lots east of Crestview and south of Century Street inthe Crestview area. The site is zoned R-1,Single
FamilyResidential, which corresponds with the underlying Comprehensive Plan Land Use Designation of
Residential.The Planning Commission recommended that the final plat be approved with conditions.
//<£0?Pioneer Meadows Final Maior Plat -Findings ofFact:Pioneer Meadows LLC submitted an application for a
two lot final plat of 15 acres located on Ninth Street between Pioneer Way and Division Street.The site is
zoned R-3,Multi-family Residential, which corresponds with the underlying Comprehensive Plan Land Use
Designation of Residential. The Planning Commission recommended that the final platbe approved with
conditions.
Action Taken:Mrs.Liebrecht moved that the above items on the Consent Agenda be approved,seconded
by Mr.Norman, and passed unanimously.
Mr.Curnelrequested an explanation of the $267,789 for an interfundloanand requested that, inthe future,
an explanation be provided of the interfund loans.
W.Robert Taylor, Finance Director,explained the interfund loan.
Itwas requested that the Council be informed of the number of interfund loans and the payment schedules.
Approvalof Claims. PrepaidClaims.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 listing which has been made availabletothe Councilforapproval
and is retained for public inspectionatthe CivicCenter. As ofAugust 9, 2016 the Council does approve for
payment claims in the amount of $1,876,948.65; prepaid claims in the amounts of $32,743.17 and
$302,782.32;claim checks in the amount of $946,975.34;and payroll in the amounts of $4,039.35 and
$34,423.34.
Action Taken:Mr.Curnel moved that the billsand checks be paid,seconded by Mrs. Liebrecht, and passed
unanimously.
OLD BUSINESS
/O/O ORDINANCE -AMEND BUDGET
An ordinance was presented which amends the 2016 budget.
The ordinance amending the 2016 budget forthe City of Moses Lake,Washington was read by title only.
Action Taken:Mr.Norman moved that the ordinance be adopted,seconded by Mr.Curnel,and passed
unanimously.
NEW BUSINESS
/096^COMPREHENSIVE PLAN -AMENDMENT
Lee/Norman Development LLChas requested that theirpropertylocated on Division Street be changed from
its existing land use designation of lowdensity residentialto highdensity residential.This request requires
an amendment to the Comprehensive Plan.The deadline to request an amendment to the Comprehensive
Plan is March 31.Since the deadline has passed,staff is requesting Council direction on the requested
amendment.
Mr.Norman declared a conflict of interest and exited the dias.
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CITY COUNCIL MINUTES August 9,2016
Gilbert Alvarado,CommunityDevelopmentDirector,Deputy City Manager,explained the request.
Mr.Norman exited the room.
There was considerable discussion.
Action Taken:Mr.Ecret moved that the request be granted,seconded by Mr.Myers,and passed with Mr.
Curneland Mrs.Liebrechtopposed as there is no emergency to the request.
MURAL RESTORATION
Patricia Jensen has contacted the City with regard tothe repair and restoration ofthe Chief Moses mural and
a request forfunds to cover the cost.
Gilbert Alvarado,Community Development Director/Deputy City Manager,gave the background on the mural.
There wasconsiderable discussion and itwastheconsensus that themural isnot theresponsibility oftheCity.
ORDINANCE -AMEND GARBAGE COLLECTION RATES
An ordinance was presented which increases the garbage rates.
W. RobertTaylor,Finance Director,explained the need for the increases.
ORDINANCE - AMEND 2.44 - PARK AND RECREATION COMMISSION
An ordinance was presented which amends the make up ofthe Park and Recreation Commission by providing
for a youthrepresentativeon the Commission.
John Williams,City Manager,explainedthe proposedchanges.
There wassome discussion concerning the meaning of"student",the need tomakesure the"student"isa
voting member,and include "student atthetimeof appointment".
RESOLUTIONS -NUISANCE ABATEMENT/COSTS -1244 DIVISION
Aresolution waspresented which provides for theabatement ofnuisances at1244 Division,owned byKendra
Luther and Linda Lucas. The nuisance was abated under a determination that there was an immediate
danger to the health and safety of the public.
Katherine Kenison,City Attorney,explained that reasons for the immediate abatement ofthe nuisance byCity
staff.The property ownersstill havethe right to appear before the Council andcontest whether ornotan
emergency nuisance situation actually existed.
Rick Rodriguez,Code Enforcement Officer,was sworninand provided testimony concerningthe nuisance
violations.
There was no other testimony.The hearing was closed.
The resolutiondetermining that Kendra Lutherand LindaLucas are the owners of certain realpropertywithin
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 be adopted,seconded by Mr.Curnel, and passed
unanimously.
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CITY COUNCIL MINUTES August9,2016
A resolution establishing the billing to be imposed against Kendra Luther and Linda Lucas as the owners of
certain real property uponwhichthe Citycaused abatement of a nuisance to be performedaftera failure of
the propertyowner to abate the same was read by titleonly.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted, seconded by Mr.Curnel,and passed
unanimously.
/197 RESOLUTION -NUISANCE ABATEMENT -1116 EVERGREEN
A resolution was presented which provides for the abatement of nuisances at 1116 Evergreen,owned by
Louis Mattly.The nuisance was abated under a determination that there was an immediate danger tothe
health and safety ofthe public.
Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimonyconcerning the nuisance
violations.
There was no other testimony. The hearing was closed.
The resolution determining that Louis Mattly is the ownerof certain real property within the City;that a
nuisance requiring abatement by City forces or forces contracted bythe City exists on such property;and
directing the use of such forces to abatethe nuisance found was readby title only.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Curnel,and passed
unanimously.
ADMINISTRATIVE REPORTS
//?9 L&ICITATION
Brett Bastian,Fire Chief,statedthatthe Fire Department respondedto an anhydrous ammoniaemergency
in the Wheeler Industrial Corridor and a rescue team was sent in to determine the whereabouts oftwo ofthe
employees.The Department of Laborand Industries objected to howthe fire personnel where protected and
the level of equipment used and issued two citations.The City filed an appeal withthe Department and the
appeals officer agreed that the City was within its rights and responsibilities concerning the hazardous
materials operations and vacated one of the citations. The citation concerning the lack of appropriate
equipmentwas upheld butthe monetary penaltywas reduced.The settlementagreement spells out what the
Fire Department needs to do to correct the equipment issue.
There was discussion on how to address the hazardous materials issue in the Moses Lake area.
H9 7 NUISANCES
Gilbert Alvarado,Community Development Director/Deputy City Manager,provided background on the issue
of nuisances in the City,especially on weeds and deteriorating buildings.The Nuisance Regulations for
Washington Cities and Counties published by Municipal Research and Services Center of Washington was
provided to the Council.
There was some discussion concerning nuisances.
ActionTaken:Mr.Ecret moved that an ordinance be drafted thatwould provided for control ofweeds overan
entire lotin undeveloped areas; controlof weeds indeveloped areas 20' fromthe sidewalk and alldeveloped
adjacent lots;requiring property owners to be responsible for weeds inalleys from the center of the alleyto
the property line;shortenthe timeto complyto 5 days;add a $150 administrative fee ifthe property owner
does notcomplywithin the 5 days;andaddress buildings with peeling or unfinished paint jobs,seconded by
Mr.Curnel, and passed with Mr.Myers opposed.
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CITY COUNCIL MINUTES August 9,2016
SHORELINE MASTER PROGRAM
Gilbert Alvarado,Community Development Director/Deputy City Manager,stated thata meetingwas held with
Jeremy Sikes,Department ofEcology,concerning the City's Shoreline Master Program.The purpose ofthe
meeting wastoexpresstheCouncil's concern toMr.Sikesconceming theuseof"bestavailable science"and
width of buffers.
COUNCIL COMMUNICATIONS -None
The regular meetingwas adjourned at 9:14 p.m. and the Co
RCW 42.30.140 to discuss labor relations.
ATTEST
met in a closed door session pursuant to
i,Mayo