2016 09 137756
MOSES LAKE CITY COUNCIL
September 13,2016
The regular meeting of the Moses Lake City Council was called to order at 7p.m.by Mayor Voth in the Council
Chambers ofthe Civic Center, 401 S. Balsam, Moses Lake,Washington.
Executive Secretary Sophia Guerrero called the roll.The following were:
Present:Mayor Todd Voth,Deputy Mayor Karen Liebrecht,and Council members Don Myers,Mike
Norman,David Curnel, and Ryann Leonard
Absent:Council member Bill Ecret
Action Taken:Mr.Curnel moved to excuse Council member Ecret from the meeting,seconded by Mrs.
Leonard, and passed unanimously.
PLEDGE OF ALLEGIANCE:Emilee Ramirez led the Council in theflag salute.
SUMMARY REPORTS
PROCLAMATION //$£
The proclamation declaring September 17-23,2016 as Constitution Week was read in its entirety.
ADDITIONAL BUSINESS:None
PRESENTATIONS
Police Department:ACitizen's Public Safety Award was presented to Robert Juan Delgado for his assistance /o/j
inapprehending a known felon.
Travis Ruffin and Joshua Buescher were introduced to the Council,took the oath of office,and received their
badge of office.
GRANT AWARD
The City has been awarded a Office of Justice Program Edward Byrne Memorial Justice Assistance Grant
inthe amount of$10,619.The funds will be used to purchase bodycameras.
Action Taken:Mr.Curnel moved thatthe grant be accepted,seconded by Mrs.Leonard,and passed
unanimously.
CITIZEN'S COMMUNICATIONS
CODE ENFORCEMENT
Rod Davis,1717 Legend Lane,expressed concern about theamount ofKochia onDivision Street andfelt that
some changes should be made inthe enforcement ofweed control.
Gilbert Alvarado,Community Development Director/Deputy City Manager,explained that Kochia isa noxious
weed that is handledbythe Noxious Weed Board and the City is not involved inits eradication.
Chuck Perry,4180Lakeshore,wasopposedtofurther regulations concerning weedsonvacantlots especially
mowing as it opens the door to all sorts of other weeds.
CONSENT AGENDA
Minutes:The minutes of the August 23 meeting were presented for approval.
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CITY COUNCIL MINUTES September 13,2016
Approval of Claims. Prepaid Claims.Checks,and Payroll:Vouchers audited and certified bythe Finance
Director as required byRCW42.24.080, and those expense reimbursement claims,certified as required by
RCW42.24.090, have been recorded on a listing which has been made availabletothe Council forapproval
and isretainedforpublic inspection at the Civic Center. Asof September 13,2016 the Council does approve
for payment claims inthe amount of $475,086.51;prepaid claims inthe amounts of $25,728.13,$12,186.96,
and $363,481.22,claim checks inthe amount of $1,090,895.61;and payrollinthe amounts of $375,232.75,
$3,768.35,and $343,581.34.
/O/B Resolution -Abandon Easements -Citv:Aresolution was presented which abandons three easements for
streetimprovements on 9th Avenue.The easements will be replaced with dedicated right-of-way when the
Pioneer Meadows Major Plat is recorded.
//&U Resolution -Accept Street and Utility Improvements -Pioneer Meadows Major Plat:A resolution was
presented which accepts street and utility improvementsconstructed as partofthe Pioneer Meadows Major
Plat.
Action Taken:Mrs.Leonard movedthat the Consent Agenda be approved,seconded by Mr.Curnel,and
passed unanimously.
OLD BUSINESS
//4^SHORELINE MASTER PROGRAM
The Departmentof Ecology letter giving the City noticeof their intentto conditionally adopt the Shoreline
Master Program provided two options. The Citycould agree to the DOE changes or submit an alternate
proposal.The Council directedstaffto notify DOE ofthe intenttosubmitan alternate proposal. Noalternate
proposal has been submitted tothe DOEas Councildirected staffto meet with DOEstaff priorto takingany
furtheraction. The results ofthat meeting need to be discussed bythe Counciland direction providedtostaff.
John Williams, City Manager,stated that the Department of Ecology personnel were unable to make the
meeting and because one Council member is absent,it has been suggested that this item be tabled.
Gilbert Alvarado,Community Development Director/Deputy City Manager,stated that a site visit was
conducted with the Department of Ecology and the City's position on setbacks was explained to the
Department of Ecology.
There was some discussion by the Council.
Action Taken:Mrs.Leonard moved that the Shoreline Master Program be tabled,seconded by Mr.Norman,
and passed unanimously.
''J^i ORDINANCE -AMEND 17.06 -DEFINITIONS
An ordinance was presented whichwould add the definitionsof "cul-de-sac"and "cul-de-sac bulb"to Chapter
17.06,Definitions,and also amend the definition of Short Subdivision.
The ordinance amending Chapter 17.06 ofthe Moses Lake Municipal Code entitled "Definitions"was read by
title only.
Action Taken:Mr.Norman moved that the ordinance be adopted,seconded by Mr. Myers,and passed
unanimously.
/Of/ORDINANCE -AMEND 17.24 -IMPROVEMENTS
An ordinance was presentedwhich would consolidate the conditions for City participation forwater,sewer,
stormwater,andstreetimprovements,andestablish theconditions when a cul-de-sac streetanda temporary
cul-de-sac bulb would be allowed.
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CITY COUNCIL MINUTES September 13,2016
The ordinance amending Chapter 17.24 ofthe Moses Lake Municipal Code entitled "Improvements"was read
by title only.
Action Taken:Mrs.Liebrecht moved that the ordinance be adopted,seconded by Mr.Curnel,and passed
unanimously.
NEW BUSINESS
ORDINANCE -AMEND 5.07 -MOBILE AND STREET FOOD VENDOR /Q^
An ordinance was presented which would required all mobile food vendor conveyances to be removed from
the occupied property at the end ofthe business day.
Gilbert Alvarado,Community Development Director/Deputy City Manager,gave the reasons for the proposed
change in the regulations for mobile food vendors.
There was considerable discussion by the Council.
ORDINANCE -AMEND 12.10-DRIVEWAY ACCESS CONTROL STANDARDS
An ordinance was presented which controls the number of driveways on Central Drive and still allows for the
access to serve Block 1 of the S.L. &A Binding Site Plan.
Gary Harer,Municipal Services Director,explained the proposed changes.
There was some discussion concerning the number of driveways that would be allowed and it was the
consensus thatthedriveways be kept toa minimum to reduce theneed for signals.
DRIVEWAY DEVIATION- GRANT TRANSIT AUTHORITY
Grant Transit Authority requested adeviation to the driveway setback standards of60'between driveways and
20'from the property line.
Gary Harer,Municipal Services Director,explained the request and did not feel it would create any problems.
Action Taken:Mrs.Leonard moved that the request be granted seconded by Mrs.Liebrecht,and passed
unanimously.
COMMUNITY STREET AND UTILITY STANDARDS
Staff has updated the2014 Community Street and Utility Standards tocorrespond with the2016 Washington
State Department ofTransportation's Construction Specifications and also made the following substantial
changes in addition to the typical updates:1)insurance requirements have been added;2)television
inspection will berequired for sewer mains and stormwater mains before acceptance by theCity;3)theCity
logo is required for all water services,sewer,and stormwater manhole lids thatare maintained by the City;
and 4)curb ramps require 6" of concrete.
Gary Harer,Municipal Services Director,explained the changes.
There was considerable discussion.
ActionTaken:Mr.Norman moved that the changes be approved,seconded by Mrs. Liebrecht, and passed
unanimously.
BID AWARD -2016 LARSON WATER METER PROJECT
The City received eight bids for the Larson Water Meter Project 2016. This project will complete the
improvements tothe watersystem inthe Larson area byreplacing the galvanized standpipes and replacing
81 water service meter tiles and lids with materials that meet current community standards.
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CITYCOUNCIL MINUTES September 13,2016
Action Taken:Mrs.Liebrecht moved that the bid be awarded to Culbert Construction in the amount of
$247,841,seconded by Mr.Norman, and passed unanimously.
/09s RESOLUTION -ACCEPT DONATION -FRIENDS OF THE MOSES LAKE DOG PARK
A resolution was presentedwhichaccepts a $1,000 donation from the Friends ofthe Moses Lake Dog Park.
The funds are to be used to planttrees at the Moses Lake Dog Park.
The resolution accepting a cash donation of$1,000 from Friends ofthe Moses Lake Dog Park was read by
title only.
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Action Taken:Mr.Curnel moved that the resolution be adopted,seconded by Mr.Myers,and passed
unanimously.
RESOLUTION - BUILD ON UNPLATTED PROPERTY -SAGEBRUSH HOLDING
A resolution was presented which allows Sagebrush Holding to build on unplatted property located at 1671
S. Frontage Road and repeals the previous Resolution No. 3624.
Gilbert Alvarado,Community Development Director/Deputy City Manager,explained thereasons for removing
the requirement fora covenant for future improvements.
Action Taken:Mr.Norman moved thatthe resolution be adopted,seconded by Mrs.Liebrecht,and passed
unanimously.
11 $7 RESOLUTION -NUISANCE ABATEMENT COSTS -9972 SUNNY
A resolution was presented which affirms the Council's prior authorization to staff to collect the funds
expended for the nuisance abatement at 9972 Sunny.
The resolution establishing the billingto be imposed against Roland C.and Anastacia Huff as the owners of
certain real property upon which the City caused abatement of a nuisance to be performed after a failureof
the property owner to abate the same was read by title only.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted,seconded by Mr. Curnel, and passed
unanimously.
//f7 RESOLUTION -NUISANCE ABATEMENT -210 LINDEN
A resolution was presented which provides forthe abatement of nuisances at 210 Linden,owned by Jack and
Anna Black.
Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance
violations.
There was no other testimony.The hearing was closed.
The resolution determining that Jack P. and Anna M.Black Trustees are the owners of certain real property
within the City;that a nuisance requiring abatement by Cityforces or forces contracted bythe City exists on
such property;and directing the use of such forces to abate the nuisance foundwas read bytitle only.
Action Taken:Mr.Norman moved that the resolution be adopted,seconded by Mr. Curnel,and passed
unanimously.
)l97 RESOLUTION -NUISANCE ABATEMENT -EASTLAKE AND BAILEY
A resolution was presentedwhichprovidesfor the abatement of nuisances at Eastlakeand Bailey,owned by
Jack and Anna Black.
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CITY COUNCIL MINUTES September 13,2016
Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance
violations.
There was no other testimony. The hearing was closed.
The resolution determining thatJackP.andAnna M.Black Trusteesaretheowners ofcertain real property
within theCity;thata nuisance requiring abatement by City forces orforces contracted by theCity exists on
such property;and directing the useofsuch forces to abate the nuisance found was read by title only.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted, seconded byMr.Curnel,and passed
unanimously.
RESOLUTION -NUISANCE ABATEMENT -221 BURKE ,q 7
Aresolution was presented which provides for the abatement ofnuisances at221 Burke,owned by Jack and
Anna Black.
Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance
violations.
There was no other testimony. The hearing was closed.
The resolution determining that JackP.and Anna M.Black Trustees aretheowners ofcertain 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.Curnel moved thatthe resolution be adopted,seconded by Mrs.Leonard,and passed
unanimously.
RESOLUTION -NUISANCE ABATEMENT -1111 EVELYN ..#y
Aresolution was presented which provides for the abatement of nuisances at 1111 Evelyn,owned by
Diversified Commercial Holdings,LLC.
Rick Rodriguez,Code Enforcement Officer,was sworn in and provided testimony concerning the nuisance
violations.
There was no other testimony. The hearing was closed.
The resolution determining that Diversified Commercial Holdings,LLC 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:Mrs.Leonard moved that the resolution be adopted,seconded by Mr.Norman,and passed
unanimously.
ADMINISTRATIVE REPORTS -None
RAILROAD SERVICE
John Williams,City Manager,stated that ata Response Team Meeting the Port of Moses Lake reported thatfundingintheamountofabout$19,000,000 has been provided for the potential changes to the railroad route
in order to achieve the goal of getting rail service to the Port.The funds are not enough for the entire project
but the possibilities include proceeding with the phases of the proposed realignment of the rail or rehabilitating
some of the existing rail through the City.The option of doing nothing is not viable since the funds would havetobereturnedanditisunlikelythatfundingwouldbeprovidedinthefuture.The Port will be soliciting public
input in the future.
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CITY COUNCIL MINUTES September 13,2016
COUNCIL COMMUNICATIONS AND REPORTS -None
EXECUTIVE SESSION
The regular meeting was recessed at 8:34 p.m.and the Council met in a 15 minute executive session with
the City Attorney under RCW 42.30.110(f)to review the performance of a public employee with no action to
follow.
The executive session was adjourned at 8:51 p.m.and the regular meeting was reconvened.
ADJOURNMENT:The regular meeting was adjourned at 8:51 p.m.
ATTEST 'odd tyoffi,Mayor