2017 03 287802
MOSES LAKE CITY COUNCIL
March 28,2017
Theregularmeeting ofthe MosesLakeCity Council wascalledtoorderat7p.m.byMayor Voth inthe Council
Chambers of the 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,Bill
Ecret, David Curnel, Ryann Leonard,and Mike Norman
PLEDGE OF ALLEGIANCE:Sam Winzler led the Council in the pledge of allegiance.
MAYOR'S REPORTS
PROCLAMATION
The proclamation declaring March 27-31,2017 as Boysand Girls ClubWeek was read inits entirety.
ADDITIONAL BUSINESS -None
CITY MANAGER'S REPORTS -None
CITIZEN'S COMMUNICATIONS
MARIJUANA ODOR
GregHaynes,2015W.First Street,Warden,stated thathe istheownerofthe marijuana greenhouseatthe
corner ofWheeler and 17.He mentioned that there have been complaints about the odor fromthe operation
and they have taken steps to alleviate the odor.
DaleGood,1228 E.Wheeler Road,stated that the odorfromthisoperation has affected residents inthe area
and he requested that staffwork with the owners ofthe greenhouses to alleviatethe odor.
Katherine Kenison,City Attorney,stated that staffis aware ofthe odorand is researching the issue and
working with the ownersofthe greenhouse, whohave been verywilling to work with staff.
There was some discussion bythe Council and staff explained the steps that would have to be taken to
address the odor issue ifcomplaints continue to be received.
CONSENT AGENDA
Minutes:The minutes of the March 14 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Pavroll:Vouchers audited and certified by the Finance
Directoras required byRCW42.24.080, and those expense reimbursement claims,certified as required by
RCW42.24.090, have been recorded on a listing whichhas been made available tothe Councilforapproval
and is retained forpublicinspectionat the Civic Center. AsofMarch28,2017 the Council does approve for
paymentclaimsinthe amountof$653,488.38;prepaidclaimsinthe amounts of$50,221.17 and $96,037.92;
claim checks in the amount of $1,323,189.14;and payrollinthe amount of $341,183.07.
Action Taken:Council member Ecret moved that the Claims,Prepaid Claims,Checks,and Payroll be
removed from the Consent Agenda,seconded byCouncil member Leonard, and passed unanimously.
Council member Ecret questioned the payment of the City's membership to the Moses Lake Business
Association since the organization has been abandoned,and the payment to the State Auditor's office.
Robert Taylor,Finance Director,stated that the payment to the Moses Lake Business Association will be
investigated and the payment to the State Auditor's Office is because of the on-going audit.
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CITYCOUNCIL MINUTES March 28, 2017
John Williams, City Manager,pointed out that the cost of an audit is an estimate but the City has contacted
the State Accounting Office about this on-going audit and the additional costs.
There was some discussion.
Staffwas requested to provide some ideason howto budgetfor the 2016 audit and where the funds willcome
from and work with the Auditor's Office on an estimate for the 2016 audit.
ActionTaken:Council member Liebrecht moved thatthe ConsentAgenda be approved,seconded byCouncil
member Curnel,and passed unanimously.
OLD BUSINESS
WATV
John Williams, City Manager,provided information on WATVs that might be allowed on Citystreets.A map
was also provided that shows where WATVswould be allowed on streets of 35 mph and under.
Information entitled "Bring WATV's to Moses Lake Streets"was provided by the proponents of the WATVs.
Council member Leonard pointed out that,even if the City were to allow WATVs on City streets,there is no
way for them to access the Cityfrom the sand dunes because the county does not allow them on county
roads.
Anne Fisher,President,ChamberofCommerce,stated that the Chambersupports the ideaofWATVs on City
streets.
Sam Winzler,1218 Jefferson,felt that an ordinance could be crafted that would meet the needs of Moses
Lake to allow WATVs.He mentioned that he contacted numerous businesses aboutWATVs and all but one
were infavor of allowing them in the City.
Derek Smith,4450 Circle Place NE,Experience Powersports,stated that he has contacted the county about
a county-wide ordinance but has not yet heard anything. He was infavor of allowing WATVs in the City.
Council member Liebrecht felt that residents of the City using them to run errands are different from those
using them for recreational purposes inthe sand dunes.Thetires for use inthe sand dunes are different than
those that are used on city streets and allowing them will create a huge enforcement issue for the Police
Department.
Debbie Doran-Martinez,Chamber of Commerce,stated that the Chamber has also provided a support letter
to the WATV group for the county and that allowing them in the Citywould be a financial boost to the City.
Darin Hendrickson,715 E. Fifth,stated that there are many uses for these vehicles and was in favor of
allowing them in the City.
Rich Archer,223 Sharon,Sand Scorpions,was in favor of allowing WATVs in the City.
Bernie Garza,1404 Skyline Drive,Experience Powersports,was infavor of allowing WATVs in the City.
Council member Leonard questioned the turning radius of the WATVs.
Mr.Garza stated that there is a smaller turning radius than for a car and it maintains its stability.
PoliceChief Fuhrstated that these vehiclesare legal in Idaho buttheyare used mainly insmallercommunities
near mountains. They are not used in the larger cities. He pointed out that the local users of the WATVs
know that the sand dunes are in the county and that the City cannot currently be accessed from them.
Tourists will not know that riding the WATVs on a county road is not allowed will expose them to enforcement
by police officers.
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CITY COUNCIL MINUTES March 28,2017
Council member Leonard wanted to know if signs could be posted to inform WATV users of the problem.
Mr.Williams stated that there is no requirementforsignage butCouncil coulddirectthat signage be erected.
Mayor Vothwas infavoron allowing the WATVs inthe City and feltthat the City should notwaiton anyaction
of the county.
Council member Norman stated that the safety and insurance should be addressed and that there should be
a trial period for these vehicles on the City's streets.
Council member Ecretpointedoutthat there are tourismactivitiesthroughoutthe City thatcouldbe accessed
byWATVs.Hewas infavorofthe usingthe Wenatchee ordinance as a base forthe ordinanceforthe City
with a fewchanges including requiring insurance within the City limits and requiring driversto be 18years of
age or older.
Councilmember Leonardpointedoutthat the road betweenthe sand dunes and the City isa countyroadand
at the present time WATVs are not allowed on the countyroads.She pointedout that Broadway is a state
road and the WATVs are not allowed on state roads.She felt that the county should address the issue first
because there will be an enforcement issue with the WATVs driving on state and county roads.She
mentioned that ifitisdecided to allowWATVs on Citystreet then driver's should be 18 years of age orolder,
require seat beltsand roll bars in town,liability insurance,speedometer, signage on City streets,especially
the ones that access the sand dunes area and post the speed limitsfor that, and make provision for City
workers to use them within the City's parks.
Council member Myers stated that hewas infavorof allowing the WATVs inthe City and in agreement with
the provisions mentioned byCouncil member Ecretand that itwill provide residents with options.
Council member Curnel pointedout that instates that have allowed WATVs there is a much higherrate of
deaths on-road than off-road,so safety is a concern.
Mayor Voth was in favorof allowing the WATVs butwas concernedaboutthe impactofa sunset clause.
Action Taken:Council member Ecret moved that the Wenatchee ordinance be modified to fit Moses Lake,
and amended to require that drivers be 18 years ofage or older,definewhich vehicles are allowed on City
streets, requireliability insurance whenthevehiclesare driven with the City limits,and thatthe Council revisit
the ordinance ina year, and the ordinance be adopted,seconded byCouncil member Myers.
Therewas additional discussionbythe Council concerning insurance requirements,allowing quads andgolf
carts,and the sunset clause or the requirement to revisit the ordinance in a year,
Themotion passed with Council membersEcret,Myers,Norman,Curnel and MayorVoth in favor and Council
members Liebrecht and Leonard opposed.
NEW BUSINESS
RESOLUTION -LEASE PURCHASE
Aresolution was presented which provides forthe reimbursementofcapitalexpendituresfrom the proceeds
of the lease/purchase agreement.
A resolution authorizing the executionand delivery ofa master equipmentlease/purchase agreement, and
related instruments and determining other matters in connection therewith was read bytitleonly.
John Williams,City Manager,explained thatthislease/purchase agreement will provide forthe purchaseof
various pieces of equipment and vehicles over a number of years rather than all inone year.
Action Taken:Council member Leonard moved that the resolution be adopted,seconded byCouncilmember
Liebrecht,and passed unanimously.
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CITY COUNCIL MINUTES March 28, 2017
119"'RESOLUTION -NUISANCE ABATEMENT COSTS
A resolution was presented which affirms the Council's prior authorization to staff to collect the funds
expended for the nuisance abatement at 2404 Lakeside, owned byVona L.Gibson Estate.
The resolution establishing the billing to be imposed against Vona M.Gibson Est as the owner of certain real
propertyupon which the City caused abatement ofa nuisance to be performed after a failure ofthe property
owner to abate the same was read by title only.
Action Taken:Council member Ecret moved that the resolution be adopted,seconded by Council member
Norman,and passed unanimously.
)0lct BID AWARD -TREE REPLACEMENT PROJECT 2017
The City received one bidforthe 2017 Tree Replacement Project. This project includes replacing trees and
tree planters in the downtown paver district.
Richard Law,Engineer, explained that under previous projects the Cityhas replaced 98 trees due to heaving
of sidewalks by root systems.He mentioned that other contractors have expressed interest but no other
viable bids were received.He mentioned that there are several options including awarding the bid, limit the
contract to reduce the number of sites to stay within budget,or rebid the project.
There was considerable discussion by the Council and concern was expressed about the cost of the project
since the Cityhas budget issues at this time and itwas suggested that staff research different options other
than trees.
Action Taken:Council member Norman moved that the bids be rejected,seconded by Council member
Curnel,and passed unanimously.
10 GRANTS -WCIA
The Washington Cities Insurance Authority has offered the Citya $7,100 grant for the risk reduction inthe
Police Department and a $2,500 grant for staff development.
Gilbert Alvarado,Community Development Director/Deputy City Manager,stated that the City has become
more involved in risk management and learned that WCIA has a program of grants for risk managementand
staff development. The City submitted a request forthe grants and was awarded a $7,100 grant forthe risk
reduction in the Police Department,which will be used to purchase a StarChase Pursuit Management System,
which is intended to reduce the liability with high speed chases,and a $2,500 grant for staff development.
Action Taken:Council member Ecret moved that the grants be accepted,seconded by Council member
Norman,and passed unanimously.
ADMINISTRATIVE REPORTS -None
COUNCIL COMMUNICATIONS AND REPORTS -None
EXECUTIVE SESSION:None
ADJOURNMENT:The regular meeting was adjourned at 9:50 p.m
Todd Vottf Mayor