2011 09 277205
MOSES LAKE CITY COUNCIL
(J September 27,2011
Council Present: Jon Lane, Dick Deane , Karen Liebrecht, David Cumel,Richard Pearce,Brent
Reese,and Bill Ecret
The meeting was called to order at 7 p.m. by Mayor Lane.
PLEDGE OF ALLEGIANCE:The Veterans of Foreign Wars led the Council in the pledge of
allegiance.
PRESENTATIONS AND AWARDS
PROCLAMATION
The proclamation declaring September 17 -23 as Constitution Week was read in its entirety.//3<Z
CONSENT AGENDA
Minutes:The minutes of the September 13,2011 meeting were presented for approval.
Approval of Claims.Prepaid Claims.Checks,and Payroll:Vouchers audited and certified by the
Finance Director as required by RCW 42.24.080, and those expense reimbursement claims,
certifiedas required by RCW 42.24.090, have been recorded on a listing which has been made
available to the Council for approval and is retained for public inspection at city hall.As of
September 27,2011 the Council does approve for payment claims inthe amount of $342,098.51;
prepaid claims in the amounts of $16,371.59 and $13,589.29; claim checks in the amount of
$3,747,791.41;and payroll in the amount of $348,033.33.
Nuisance Abatement:The Council should set October 11 asthedateto consider a resolution to //q 7
abate nuisances at 210 Vine,1151 Grand, 502 Kentucky,631 Atlantic,9768 Parkway, and 9882
Kinder.
Resolution -Accept Improvements -Pioneer Commercial Park 4th Addition Maior Plat:Aresolution //2(*
was presented which acceptsthe street and utility improvements constructed as partofthe Pioneer
Commercial Park 4th Addition Major Plat.
Action Taken:Mr.Reese moved that the Consent Agenda be approved,seconded by Dr.Cumel,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
POW/MIA REMEMBRANCE
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George Doles, American Legion Riders, Chapter 209, reportedon the success of the POW/MIA
Remembrance DayEvent heldon September 16.Hedescribed the activitiesthattook place during
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the event and mentioned that there are still 179 missing in action from Washington State.(T)
Certificates of Appreciation were presented to the Moses Lake City Council,the Parks and
Recreation Department,and the Police Department for theirsupport ofthe American Legion Riders
Chapter 209 during its recognition of National POW/MIA day.
ORDINANCES AND RESOLUTIONS
IOS7 ORDINANCE -ALLEY VACATION -ALANIS -2nd READING
An ordinance was presented which provides for the vacation of a portion of the alley adjacent to
the westerly lot line of Lot 27, Broadripple Addition No.1.The lot is owned by Miguel Alanis and
is located on Ashley Way.
The ordinance vacating a portion of an alley was read by title only.
Gilbert Alvarado,Community Development Director,stated that the ordinance provides for
compensation to the City for one half the appraised value.Mr.Alanis intends to build a single
family dwelling on this lot.Vacating 3'of this 20'unimproved alley will allow Mr.Alanis to adjust
the location of his home and will provide the City better access to existing facilities in an already
vacated alley and to the easementon the north side ofthe property.An easement will be retained
as there are utilities in this area.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Pearce,and passed unanimously.
/O^Y ORDINANCE -MORATORIUM ON MEDICAL MARIJUANA GARDENS -2ND READING
An ordinance was presented which establishes a moratorium on the establishment of "collective
gardens" for the medical use of marijuana.The moratorium is for the purpose of giving the City
time to establish performance standards for such gardens as allowed by the recent passage of a
bill by the state legislature allowing for collectivegardens for the medical use of marijuana.
GilbertAlvarado,Community Development Director,provided background on the laws pertaining
to the use of medical marijuana and pointed out that the moratorium will allowthe Citytime to study
the recently passed legislation and determine how to address the issue.
The public hearing was opened.
Donna Strickland,3010W.Peninsula,#87,questioned why the City staff feels itwill take 6 months
to educate themselves on the medical marijuana issue and mentioned that people now have to
travel to Seattle to obtain their marijuana medication.
Katherine Kenison,City Attorney,pointed out that federal law still prohibits what the state law is
decriminalizing for the limited purpose of the collective gardens.The 6 months is the maximum
amount of time that the Citycan set to review and establish regulations for the collective gardens.
She mentioned that the City will also need to review any new laws passed by the legislature during
its November session to determine whether additional regulations will be required.
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CITY COUNCIL MINUTES September 27,2011
M ActionTaken:Mr.Pearce moved that the public hearing be closed,seconded by Dr.Curnel,and
passed unanimously.
The interim ordinance ofthe City of Moses Lake adopting a moratorium onthe establishment of
medical marijuana collective gardens,defining "medical marijuana collective gardens";providing
for a public hearing;establishing an effective date,and providing thatthe moratorium,unless
extended,will sunset within six (6) months of the date of adoptionwas read by titleonly.
ActionTaken:Mr.Pearce moved that the second readingofthe ordinancebe adopted,seconded
by Mr.Ecret, and passed unanimously.
ORDINANCE -AMEND 6.05 -ANIMAL CONTROL/REPEAL 6.06 -HAZARDOUS DOGS - 1st /foQ
READING
Ordinanceswere presentedwhichamendthe animal control regulations andrepealsthehazardous
dogs regulations.
Katherine Kenison,City Attorney,requested an executive session to discuss the ordinances in
relation to current litigation.
It was the consensus ofthe Council that the ordinances be discussed in executive session.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
REQUEST FOR CITY UTILITIES -LARSON SUBDIVISION LOT 558 SHORT PLAT
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Paul Snelson,Knudsen Land Surveying,requested Council approval to connectthe two lot Larson
Subdivision Lot 588 Short Plat to the City's water and sewer system.
Action Taken:Mr.Deane moved that the request be granted with the stipulation that an Extra
Territorial Utility Agreement be required,seconded by Mrs.Liebrecht,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
PARKWAYS.PARKING STRIPS.AND SIDEWALKS
Joseph K.Gavinski,City Manager,provided a drawing showing the relationship ofthe property line
to the sidewalk,trees in the sidewalk,and the curb when there are wide sidewalks,usually in a
downtown environment.The sidewalk from the property lineto the curb is designated a parkway,
the area where the trees are planted is designated as a planter,and the area from the planter to
the property line is the sidewalk.
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CITY COUNCIL MINUTES September 27,2011
//3y DECANT STATION -NOISE
Joseph K.Gavinski, City Manager,stated that city staff has taken noise measurements using a
hand-held decibel meter at the operations facility on Road 4 to determine the noise levels.The
report shows the noise levels at various locations on the facility and at the surrounding properties
and the changes made to reduce the noise.
JO20'/^BUILDING ACTIVITY REPORT
The August 2011 Building Activity Report was presented.
The regular meeting was recessed at 7:45 p.m.and the Council met in a 30 minute executive
session with the CityAttorney to discuss litigation.The executive session was adjourned at 8:15
p.m.and the regular meeting was reconvened.
/JU?0 ORDINANCE -REPEAL 6.06 -HAZARDOUS DOGS - 1stREADING
The ordinance repealing Chapter 6.06 of the Moses Lake Municipal Code entitled "Hazardous
Dogs"was read by title only.
Action Taken:Mr.Pearce moved that an emergency be declared and the ordinance be adopted
on a single reading,seconded by Mr.Reese,and passed unanimously.
The regular meeting was adjourned at 8:20 p.m.
ATTEST Jonl^ne,Mayor
Ronald R.Cone,Finance Director
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