2010 10 26\J
7083
MOSES LAKE CITY COUNCIL
October 26,2010
Council Present:Jon Lane,Bill Ecret, Dick Deane,Karen Liebrecht, Brent Reese,Richard Pearce,
and David Curnel
The meeting was called to order at 7 p.m. by Mayor Lane.
PLEDGE OF ALLEGIANCE:Mr.Ecret led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the October 12,2010 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers auditedand certified bythe
Finance Director as required by RCW 42.24.080, and those expense reimbursement claims,
certifiedas requiredby RCW 42.24.090, have been recorded on a listing which has been made
available tothe Council forapproval and is retainedfor public inspectionat city hall.As ofOctober
26, 2010 the Council does approve for payment claims in the amount of $302,391.12; prepaid
claims in the amounts of $2,574.29,$8,837.04,and $19,972.71;claim checks in the amount of
$2,246,230.87;and payroll in the amount of $34,007.52.
Resolution -Accept Hydrants -REC Moses Lake Major Plat:A resolution was presented which /MC?
\j accepts eight fire hydrants installed in dedicated right-of-way or easements as part of the REC
Moses Lake Major Plat.
2009 Well 3 Pumohoue Proiect -Accept Work:MRM Construction has completed work for the J/lpf
2009 Well 3 Pumphouse Project.The work should be accepted and the 60 day lien period entered
into.
RECMoses Lake Major Plat and Findings of Fact:REC Silicon submitteda final plat for aone lot //^(^
plat of 210 acres.The site is located at 3322 Road N and is zoned Heavy Industrial,which
corresponds with the Comprehensive Plan Land Use Designation of Industrial.The final platis
consistent with the conditions of approval of the preliminary plat.The Planning Commission
recommended thatthe final platbe approved withconditions.The Findingsof Factwere presented
for acceptance.
Resolution -Accept Deed -O'Brien/Deckman:A resolution was presented which accepts a quit /Oyo
claim deed from Terrance and Judith O'Brien and Ross and Lueann Deckman for Lot 2 of the
Pelican Horn Short Plat.The property is located across Division Street from Seventh Avenue.
Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Dr.Curnel,
and passed unanimously.
COMMISSION APPOINTMENTS -None
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CITY COUNCIL MINUTES October26,2010
CONSIDERATION OF BIDS AND QUOTES
//faff BLUE HERON SEWER CROSSING 2010
Staff received seven bids for the Blue Heron Sewer Crossing project.This project consists of
connecting to the existing force main near the Washington State Patroloffice and extending the
line under I-90.The line will be installed in the existing steel casing that is located under I-90 at
Blue Heron Park.
Action Taken:Mr.Reese moved that the bid be awarded to Hurst Construction in the amount of
$81,226.04,seconded by Mr.Pearce,and passed unanimously.
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
f/£tf WATER QUALITY INSTITUTE PRESENTATION
Curt Carpenter, Manager,Moses Lake Irrigation and Rehabilitation District,stated that the Water
QualityInstitute program was started in2007 inorderto educate and make the publicaware of the
quality of the water in Moses Lake.
Four Moses Lake High School seniors gave a presentation on the project.They explained the
process of testing for water qualityand reportedon the water qualityof Moses Lake.
i0lO-fi ORDINANCES -TAXATION -1st READINGS/PUBLIC HEARING
Ordinances were presented which fixthe estimated amountto be received bythe cityfrom property
taxes in 2010 and sets the tax levy rate.
Joseph K.Gavinski,City Manager,explainedthe process of setting the amounts to be received
from property taxes.
The public hearing was opened.
Action Taken:Mr.Deane moved that the publichearing be closed,seconded by Mr.Reese,and
passed unanimously.
The ordinance fixing the estimated amount to be received for municipal purposes from taxations
on assessed valuations on propertywithin the Cityof Moses Lake,Washington for 2011 was read
by title only.
Action Taken:Mr.Deane moved that the first reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
The ordinance fixing the amount to be received for municipal purposes from taxationson assessed
valuationson property within the Cityof Moses Lake, Washington for 2011 was read bytitleonly.
Action Taken:Mr.Pearce moved that the first reading of the ordinance be adopted,seconded by
Dr.Curnel,and passed unanimously.
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CITY COUNCIL MINUTES October26,2010
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 5.22 -PAWNBROKERS AND SECONDHAND DEALERS -1stREADING J(j&£
An ordinance was presented which increases the fee for a pawnbroker or secondhand dealer
license in order to cover the cost of the background investigation.
The ordinance amending Chapter 5.22 of the Moses Lake Municipal Code entitled "Pawnbrokers
and Secondhand Dealers"was read by title only.
Action Taken:Mrs.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Mr.Deane,and passed unanimously.
ORDINANCE -AMEND 6.06 -HAZARDOUS DOGS -1st READING
An ordinance was presented which amends the hazardous dog regulations by allowing an
exemption to the requirement to register certain dogs if they pass the American Kennel Club
Canine Good Citizen test.The amendment also includes exemptions fordogs which do not reside
in the city or are brought to the city for a limited time.
Cynthia Zeppenfield,1927 Spruce,feltthat the issue is"responsible owner" ratherthan the breed
of dog.
There was considerable discussion by the Council and information .on what constitutesthe Canine
V i Good Citizen test was provided.
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Action Taken:Mr.Pearce moved that the first reading ofthe ordinance be adopted,seconded by
Mrs.Liebrecht,and passed unanimously.
ORDINANCE -AMEND 12.40 - STREET CONSTRUCTION OR IMPROVEMENT //£/
REIMBURSEMENT CHARGES -1st READING
An ordinancewas presentedwhich establishesthe reimbursement charges for the2009 Lakeshore
and Peninsula Drive Reconstruction Project,the 2008 Peninsula Drive Reconstruction Project,and
the future street improvements to Lakeshore Drive between Pommer Street and Wanapum Drive.
The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street
Construction or Improvement Reimbursement Charges"was read by title only.
Gary Harer, Municipal Services Director,explained that the entire project,which consists ofthree
phases,was included in the reimbursement schedule so that the grant could be used forthe entire
project.All affected property owners were notified of the reimbursements required.
Action Taken:Mr.Deane moved that the first reading ofthe ordinance be adopted,seconded by
Dr.Curnel,and passed unanimously.
RESOLUTION -ACCEPT DONATION -BUDU RACING
A resolution was presented which accepts $418 from Budu Racing.The funds are to be used for
recreational programs.
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CITY COUNCIL MINUTES October 26, 2010
The resolution accepting a cash donation of $418 from Rory and Deanna Mullerof Budu Racing
was read by title only.
Action Taken:Mr.Pearce moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
RESOLUTION -NUISANCE COSTS -1825 LAKESIDE -ANDERSON
A resolution was presented which establishes the amount to be collected from the property owner
of 1825 Lakeside Drive for the nuisance abatement at that location.
The resolution establishing the billingto be imposed against Justin and Ember Anderson as the
owners of certain real property upon which the city caused abatement of a nuisance to be
performed after a failure of the property owners to abate the same was read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mrs.Liebrecht,and
passed unanimously.
ll<f 7 RESOLUTION -NUISANCE ABATEMENT -1230 BROADWAY -PESEK
A resolution was presented which would abate the nuisances at 1230 Broadway.The property
owner,Joli Pesek was given a Notice to Correct and a Notice of Violation and Order to Correct or
Cease Activity.
The resolution determining that Joli Pesek 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 foundwas read by titleonly.
Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this
issue.
Joli Pesek,property owner, was sworn in and stated that she is working on cleaning up the
property.
Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Dr.Curnel,and
passed unanimously.
Il9y RESOLUTION -NUISANCE ABATEMENT -2603 TEXAS STREET -HESTER
A resolutionwas presented whichwould abate the nuisances at 2603 Texas Street. The property
owner, Dorothy N.Hester, was given a Notice to Correct and a Notice of Violation and Orderto
Correct or Cease Activity.
The resolution determining that Dorothy N. Hester is the owner of certain real property within the
city;that a nuisance requiring abatement by cityforces or forces contracted bythe cityexists on
such property;and directing the use of such forces to abate the nuisance found was read by title
only.
Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this
issue.a
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CITY COUNCIL MINUTES October 26,2010
Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
RESOLUTION -NUISANCE ABATEMENT -LOT 15.BLOCK 5.CAPISTRANO PARK -PENCE j/J y
A resolution was presentedwhich would abatethe nuisanceson Lot 15,Block 5,Capistrano Park.
The property owner,Lorance Pence,was given a Notice to Correct anda Notice ofViolation and
Order to Correct or Cease Activity.
The resolution determining that LorancePence isthe ownerof certain real property within the city;
that a nuisance requiring abatement bycityforcesorforces contracted bythe cityexists on such
property;and directing the use ofsuch forces toabatethe nuisance found was read by title only.
Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this
issue.
Action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Reese,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
REQUEST FOR WATER -LOPEZ
Lennard Lopez, Knudsen LandSurvey, requested approval for the future property ownerof Lot2,
Preliminary Lybbert Short Plat,Replatof Lot10,South Hills Addition,toconnecttothe city'swater
system andto postpone the required annexation toa later date.The property is located southof
I-90 and west of Potato Hill Road on Easy Street.
Gary Harer,Municipal Services Director,statedthatthe property isinthe city'sUrban Growth Area
and within one halfmileof the city's limits.He mentioned that there is a citywater linein Easy
Street butsince the property islocatedonthe south side of I-90,itwill be awkward to provide other
city services to that area.
Action Taken:Mr.Reese moved that it be determined that it is impractical forthis property to be
annexed tothe city andthe requesttoconnectto citywaterbe granted with the stipulation thatan
Extra Territorial Utility Agreement be signed,seconded by Mrs.Liebrecht,and passed
unanimously.
PACIFIC STUDIO -CONTRACT
An agreement was presented with Pacific Studio regarding design andconstruction documentation
services for the exhibit space in the museum and artcenter inthe new Civic Center building.
Authorization was requested for the City Manager to signthe agreement on behalfofthe city.
Action Taken:Mr.Deane moved that the City Manager be authorized to sign the agreement,
seconded by Mr.Reese,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
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CITY COUNCIL MINUTES October 26,2010
COUNCIL QUESTIONS AND COMMENTS
HANDICAPPED PARKING
Mr.Ecret requested that the Council reconsider the location of a handicapped parking space in
front of the Swenson building on Beech Street.The building is fully occupied and the employees
are taking up the parking spaces.He felt a handicapped parking space would be useful there.
It was the consensus of Council that staff research the parking in this area.
1101 BUILDING RENOVATION ORDINANCE
Mr.Ecret suggested an ordinance be adopted that would require property owners to paint their
buildings when the existing paint starts to peel.
Staff was requested to research the issue and report to the Council.
CITY MANAGER REPORTS AND COMMENTS
/&?/INSURANCE
Joseph K.Gavinski, City Manager, provided the risk profile from the Washington Cities Insurance
Authority,the city's insurance provider.The reportshows that withinthe last five years the cityhad
about $600,000 worth ofclaims.The average of the insured group is about $1,600,000.According ~.
to this report,the city is doing very well in managing its risk.A '
/MOSES LAKE IRRIGATION AND REHABILITATION -DREDGING
Joseph K.Gavinski, City Manager,stated that the city is close to receiving all the information
necessary to consider the application complete fromthe Moses Lake Irrigation and Rehabilitation
District for their dredging project.
//^7 NUISANCE ABATEMENTS -REPORT
Joseph K.Gavinski, CityManager,statedthat of the previous nuisancesconsidered by the Coucnil,
the ones at 720 Pennivy, 522 Kentucky,530 Florida,705 DStreet,1201 Baker, and 1003 Cascade
have been removed and these cases are now closed.Staff was informed that 221 and 227
Crestview would be taken care of shortly and bids have been requested for the removal of the
nuisances at 502 Kentucky,and 403 Earl.The owner of 1105 Hill has until October 27 to remove
the nuisances from his property
jOI0/TREE REPLACEMENT PROJECT
Gary Harer, Municipal Services Directors,stated that the minutes of the October 14 meeting need
to be changed to reflect that the new trees to be installed in the downtown area will be European
Hornbeam ratherthan maple.The European Hornbeam is a more slendertree with a less invasive
root system.
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CITY COUNCIL MINUTES October26, 2010
AMBULANCE UTILITY FUND
Joseph K.Gavinski,City Manager,stated that the issue of the funding of the Ambulance Utility
Fund needs to be resolved.He submitted information showing the different options available to
support this fund.
There was considerable discussion and it was the consensus of the Council that the city retain its
ambulance service and that the ambulance service fee be increased to support the fund.
The regular meeting was recessed at 9:40 p.m.and the Council met in a 20 minute executive
session with the City Attorneyto discuss litigation.The executive session was adjourned at 10 p.m.
and the regular meeting was reconvened. The regular meeting was adjourned at 10 p.m.
ATTEST
Ronald R.Cone,Finance Director