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2012 08 28KJ ^J u 7306 MOSES LAKE CITY COUNCIL August28,2012 Council Present:Bill Ecret,Dick Deane,Karen Liebrecht,Brent Reese,Jason Avila,and Jon Lane Absent: David Curnel The meeting was called to order at 7 p.m. by Mayor Ecret. PLEDGE OF ALLEGIANCE:John Campbell of Boy ScoutTroop 35 led the Council inthe pledge of allegiance. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Minutes:The minutes of the August 14 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 reimbursementclaims, certified as required by RCW 42.24.090,have been recorded on a listingwhich has been made available to the Council forapproval and is retained forpublic inspection at the CivicCenter.As of August 28,2012 the Council does approve for payment claims in the amount of $1,536,708.19;prepaid claims in the amounts of $41,663.28 and $397,947.96;claim checks inthe amount of $2,852,983.18;and payroll inthe amount of $396,757.59. Accept Work -Water Main Project 2012:Hurst Construction,LLC has completed work on the 2012 J/0?(f Watermain Project.The projectincludedinstalling anew 12"watermaininRandolphRoadandBeacon Road and replacing the existing6"steel water mainwithan 8"PVCwater mainalongwiththe water meters and fire hydrants in portions of Alder Street and Third Avenue. ActionTaken:Mr.Deane moved thatthe Consent Agenda be approved,seconded by Mr.Lane,and passed unanimously. COMMISSION APPOINTMENTS TOURISM COMMISSION Mayor Ecretrequested confirmation ofthe re-appointment of Debbie Doran-Martinez andthe appointment of Marianne Kirwan to the Tourism Commission. ActionTaken:Mrs.Liebrecht moved that the re-appointment of Debbie Doran-Martinezand the appointment of Marianne Kirwanbe confirmed,seconded by Mr.Avila, and passed unanimously CONSIDERATION OF BIDS AND QUOTES -None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS SIX YEAR STREET PROGRAM -PUBLIC HEARING A resolution was presented whichcontainsa listofstreets proposedto be adopted forthe amended SixYear Transportation Improvement Project. The resolution toamend Resolution3234Transportation Improvement Program for2013 -2018was readby title only. The public hearing was opened.There were no comments. Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Deane, and passed unanimously. Action Taken: Mrs. Liebrecht moved that the resolution be adopted,seconded by Mr.Avila, and passed unanimously. /a/£<* im 7307 CITY COUNCIL MINUTES August 28, 2012 ORDINANCES AND RESOLUTIONS /OSl(ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -1st READING An ordinance was presented which extends the moratorium on the establishment of "collective gardens" for the medical use of marijuana.The moratorium should be extended because the legislature has not yet resolved the issueswhich exist incurrentstate lawwith regard to collective gardens and there is still theissue with regard to the effect of federal lawwhich needs to be resolved. The ordinance of the Cityof Moses Lake extending a moratorium on the establishment of medical marijuana collectivegardens, defining"medical marijuanacollectivegardens",providing fora publichearingestablishing an effective date, and providingthat the moratorium,unless extended,willsunsetwithin six (6)monthsof the date of adoption was read by title only. Action Taken:Mr.Lane movedthat the firstreading of the ordinance be adopted,seconded by Mr.Avila, and passed unanimously. llQ 7 RESOLUTION -NUISANCE ABATEMENT -9849 PARKWAY -RIVERA A resolution was presented which provides forthe abatement of nuisances at 9849 Parkway.The property is owned by Carlos Rivera. The resolution determining that Carlos Rivera 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 directingthe use of such forces to abate the nuisance found was read by titleonly. Rick Rodriguez,CodeEnforcement Officer,was sworn in and provided testimony concerning thisissue.f~\ There was no other testimony.The hearing was closed. Action Taken:Mr.Deane moved that the resolution be adopted,seconded by Mr.Reese,and passed unanimously. /[9y RESOLUTION -NUISANCE ABATEMENT -505 KENTUCKY -GARCIA-SOLTERO A resolution was presented which provides for the abatement of nuisances at 505 Kentucky.The property is owned by Jose and Regina Garcia-Soltero. The resolution determining that Jose &ReginaV.Garcia-Soltero are theownersofcertain 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. Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this issue. There was no other testimony.The hearing was closed. Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mrs.Liebrecht,and passed unanimously. /^7 RESOLUTION -NUISANCE ABATEMENT -1146 GEM -SCHMITT A resolution was presented which provides for the abatement of nuisances at 1146 Gem.The property is owned by Ericand Michele Schmitt. The resolution determining that Eric D.&Michele D.Schmitt are the owners 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. n n u ^J w 7308 CITY COUNCIL MINUTES August28,2012 Clair Harden,Code Enforcement Officer,was sworn in and provided testimony concerning this issue. There was no other testimony.The hearing was closed. Action Taken:Mr.Aviia moved that the resolution be adopted, seconded by Mr.Lane,and passed unanimously. REQUEST TO CALL FOR BIDS -None REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION REQUEST FOR CITY SERVICES -DESERT GOLF.LLC Desert Golf, LLChas requested permission to connect the Pillar Rock Grill located at the Moses Lake Golf Club at 1373 NE Road F.2 to city water and sewer. Gary Harer,Municipal Services Director,pointedoutthatthe restaurantand golfcourse areone parcel and since the property is adjacent to the existing city limits,annexation of the entire parcel would be required. However, annexation of the propertywould create two islands of unincorporated propertysurrounded by property within the city. Bob Fancher,representingDesert Golf,LLC,stated thatthe property where the buildings arelocatedwill be separated from the golfcourse property and will be annexed butthere is not much interestinannexingthe golfcourse itself due to the creationof the unincorporated islands and the fact that the adjacent property owners do notwish to be annexed intothe City.The propertyin front ofthe club house that frontson Fairway Drive is proposed to be developed and city services will be required. There was considerablediscussion concerning the annexationofthisareaanditwas the consensusthatthe Citywould have no objection to the annexation of the segregated parcel. REQUEST FOR CITY SERVICES -BUTLER LANE Jose Gonzalezrequested permission toconnect3934 Butler LanetoCitywaterwithoutannexingthe property. The property is located off of Beacon Road which has a 12"water main installed by the City during the summer of 2012.The parcel is within one-halfmileofthe citylimits and within the UGA.The Council must determine that itis impractical for the property owners to annex this property before approving the request. Gary Harer,Municipal Services Director,statedthatthe property owner is proposing to connect totheCity main on Beacon Road and install a meter and have a service line extending across his neighbor's property to connect to his property.He pointed out that there are many parcels in this area that do not front on dedicated right-of-way.The City is proposing thatan 8"watermain be installed in a municipal easement and the service linerun from the main instead of extending the service lineacross the neighbor's property.He mentioned that the cost would increase because an 8" main would have to be constructed instead of extending the 1"service line.He mentioned thateven though Butler Lane is shownonthe map,itis not dedicated right-of-way but is owned by two different property owners. Mrs.Gonzalez stated thatthe property isona private wellandthe wellis drying upwhichiswhytheywishto connect to City water. There was considerable discussion concerning the extension of city services in this area and staff recommended that the extension of City services be done in a way consistent with good development practices sinceitislogical toassume thatotherproperty ownerswill requesttoconnecttoCity servicesin the future. The propertyowners were directed to discuss the issue withCitystaff. /u?(p //&c> mi /O/jL Il9cf 7309 CITY COUNCIL MINUTES August 28,2012 REQUEST TO WORK OFF HOURS -STRATFORD ROAD CROSSWALK PROJECT Neppel Electric &Controls requested permission to start work at 6 a.m. for the duration of the Stratford Road Crosswalk Project due to the traffic on Stratford Road. Action Taken:Mr.Lane moved that the request be granted,seconded by Mr.Avila,and passed unanimously. PLAT IMPROVEMENTS -DEFERRAL -GRANGER Troy Granger requested a deferral of the required subdivision improvements associated with the construction of a garage at 1015 W. Virginia Street,Lot 21,Paxson Plat.The deferral is for the required street improvements on Virginia Street. Gilbert Alvarado,Community Development Director,stated that plat was recorded in the past and does not meet current City codes.Inorderto bring the property into compliancewith current requirements,the City has adopted regulations requiring insufficientlyplatted property to be broughtup to currentcodeswhen developed. Action Taken:Mr.Reese moved that the request be granted with the stipulation that a covenant for future improvements be required,seconded by Mr. Avila,and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS AWARD -LEED -CIVIC CENTER Joseph K.Gavinski,City Manager,stated that the City has been given a certification from the U. S.Green Building Council for achieving Leadership in Energy and Environmental Design (LEED) for the new Civic Center Building. SHORT COURSE ON LOCAL PLANNING Joseph K.Gavinski,City Manager,informed the Council that a Regional Short Course on Local Planning will be hosted by the City of Moses Lake on Wednesday,September 12 from 6:30 p.m. to 9:30 p.m. //?7 CODE ENFORCEMENT Gilbert Alvarado,Community Development Director,provided information on the efforts of the Code EnforcementOfficers.He reported thatfor 2012 the Code Enforcement Officers have logged over670 cases with a 91%compliance rate.He explained some of the issues that are the Code Enforcement Officers deal with. The meeting was adjourned at 9:20 p.m. ATTEST Bill J.Ecret,Mayor obert Taylor,Acthg Finance Director " ~