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MOSES LAKE CITY COUNCIL
October 9,2012
Council Present:Bill Ecret,Dick Deane, Brent Reese,Jason Avila,David Curnel, and Karen
Liebrecht Absent:Jon Lane
The meeting was called to order at 7 p.m. by Mayor Ecret.
PLEDGE OF ALLEGIANCE:Mr.Avila led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS
VISION 2020 AWARD
Richard Teals, Vision2020, presented an awardto the Moses Lake Farmer's Market for beingan
asset to the community for more than 30 years.
PROCLAMATION
Gilbert Alvarado,CommunityDevelopment Director,stated thatCommunityPlanning Month isand
effortto increase awareness ofthe importanceand need forcitizenand professionalplanners,and
public engagement in the planning process. Hementionedthatthe State ofWashingtonisaleader
in the planning field and went over some of the effects of planning.
The proclamation declaring October as Community Planning Month was read by titleonly.
CONSENT AGENDA
Minutes:The minutes of the September 25 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,
certified as 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 the Civic Center.As
of October 9,2012 the Council does approve for payment claims in the amount of $822,005.35;
prepaid claims in the amounts of $14,394.11 and $47,323.67;claim checks in the amount of
$928,294.69;and payroll in the amounts of $325,809.22,$4,437.46,and $740.18.
Resolution -Accept Easement -Barnev:A resolution was presented which accepts an easement A>^3
from James Barney for the installation,repair,operation,and maintenance of a municipal sewer
main on Lot 1,Schwan's Short Plat located off of Patton Boulevard.
Resolution -Accept Easement -Ramsden:A resolution was presentedwhich accepts an easement /D/<3
from Scott Ramsden for the installation, repair,operation,and maintenance of a municipal sewer
main on Lot 1,Schwan's Short Plat located off of Patton Boulevard.
Resolution -Accept Easement - Sparks: A resolution was presented which accepts an easement /OA3
from David Sparks which provides city access to water and/or sewer meters located along 12238
i )N.Frontage Road E.
ActionTaken:Dr.Curnel movedthatthe Consent Agenda be approved,seconded by Mr.Avila, and
passed unanimously.
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CITY COUNCIL MINUTES October 9, 2012
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
/OSP-ORDINANCE -ANNEXATION -WEST WORLDWIDE INC.-2nd READING/PUBLIC HEARING
An ordinance was presentedwhich annexes approximately 2.29 acres located adjacentto Hamilton
Road and described as Lot 11 less the west 60'of Wiser Commercial Park Plat.
The ordinance annexing property commonly known as theWiser Commercial Park Annexation to
the City of Moses Lake,Washington,and incorporating the same within the corporate limits of the
City of Moses Lake was read by title only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Dr.Curnel,and
passed unanimously.
Action Taken:Mr.Deane moved that the second reading of the ordinance be adopted,seconded
by Mrs.Liebrecht,and passed unanimously.
ORDINANCES AND RESOLUTIONS .
/Olf ORDINANCE -AMEND 13.05 -WASTEWATER REGULATIONS - 2ndREADING
An ordinance was presented which requires a legal method forCity staffto access the meters and
electronic reading devices for privately owned metered sewer mains and service lines.
The ordinance amending Chapter 13.05 of the Moses Lake Municipal Code entitled "Wastewater
Regulations"was read by title only.
Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,
seconded by Mr.Reese,and passed unanimously.
/07^ORDINANCE -AMEND 13.07 -WATER REGULATIONS -2nd READING
An ordinance was presentedwhichrequires a legal method for City staffto access the meters and
electronic reading devices for privately owned metered watermains and service lines.
The ordinance amending Chapter 13.07 of the Moses Lake Municipal Code entitled "Water
Regulations" was read by title only.
Action Taken:Mr.Avila moved that the second reading of the ordinance be adopted,seconded by
Mr.Reese,and passed unanimously.
/075~ORDINANCE -AMEND 13.12 -WATER.SEWER.AND STQRMWATER RATES -2nd READING (^
An ordinance was presented which clarifies that there are no minimum monthlycharges for a
metered fire protection system. The onlycharges imposed are for actual waterusage.
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CITY COUNCIL MINUTES October 9,2012
The ordinance amendingChapter13.12ofthe Moses Lake Municipal Code entitled "Water,Sewer,
and Stormwater Rates"was read by title only.
ActionTaken:Mr.Reese moved that the second readingof the ordinance be adopted,seconded
by Mr.Avila, and passed unanimously.
ORDINANCE -AMEND 10.12 - PARKING REGULATIONS -1st READING
An ordinance was presentedwhichchanges the restricted parking in front ofthe SeniorCenteron
Third Avenue from a loading and unloading zone to a GTAand People for Peoplebus stop and
eliminates the handicapped accessible parking spaces.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
Action Taken:Mrs.Liebrecht moved that the first reading of the ordinance be adopted,seconded
by Mr.Reese,and passed unanimously.
RESOLUTION -ABANDON EASEMENT -HUBERDEAU
A resolution was presented which provides for the abandonment of a portion of the public utility
easementonthe north property line of Lot 1,Block 1,Pioneer Commercial Park 1st Addition located
at the corner of Sharon Avenue and Pilgrim Street.
The resolution authorizing abandonment of an easement was read by title only.
GilbertAlvarado, Community Development Director,statedthat the East Columbia Irrigation District
has an easement along the rearof the property and so long as there is no encroachment intotheir
easement they have no problems with the abandonment.
ActionTaken:Mr.Avila moved that the resolution be adopted,seconded by Mr.Reese,and passed
unanimously.
RESOLUTION -NUISANCE ABATEMENT -CHAMBERS
A resolution was presented which provides forthe abatement of nuisances at 1946 Beaumont.The
property is owned by Patrick and Shirley Chambers Estates.
The resolution determining that Patrick E.and Shirley E.Chambers Estates 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.
Rick Rodriguez,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 thatthe resolution be adopted,seconded by Mr.Avila, and passed
unanimously.
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CITY COUNCIL MINUTES October 9, 2012
1(97 RESOLUTION -NUISANCE ABATEMENT COSTS -WATSON
A resolution was presented which authorizes staff to collect the funds expended for the nuisance
abatement at 502 Kentucky.The property is owned by Michael Watson.
The resolution establishing the billing to be imposed against Michael Watson as the owner of
certain real property upon which the City caused abatement of a nuisance to be preformed after
a failure of the property owners to abate the same was read by title only.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted,seconded by Dr.Curnel,and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION -None
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
//3 7 CHARITY CAR WASHES -WATER USE
Alice Ness,211 E.7th Avenue,Apt.#4,stated that charitycarwashes do not harmthe storm drains
and requested that they be allowed to continue./""N
Itwas pointed out that additional information has been provided on the issue of charity car washes
and that itwill be considered by the Council at its October 23 meeting.
//52 USE OF CITY PROPERTY - REEVES
Nick Reeves,Barry'sUsed Cars, stated thatthey have a used carlotatthe cornerofThirdAvenue
and W. Broadway. He mentioned that the area 35' back from the curb on Third Avenue as it
connects toW. Broadwayis owned bythe Cityand that is wherethey have been parkingtheircars.
He stated that they would like permissionto parktheircars on the property owned by the City.
Gilbert Alvarado,Community Development Director,stated that the area is not right-of-way but is
property owned by the City.
Joseph K.Gavinski,City Manager,stated that,since the property is owned by the City,if the
Council is considering allowing the commercial business touse the property,thereshouldbe some
kindof considerationto the City,otherwise itcould be considered a giftof public funds.
There was some discussion by the Council.
Action Taken:Mr.Reese moved that Mr.Reeves work with staff on the amount of compensation
forthe use ofthe City's property atthe cornerof Third andW.Broadway,seconded by Mr.Avila,
and passed unanimously.
COUNCIL QUESTIONS AND COMMENTS -None
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CITY COUNCIL MINUTES October 9,2012
CITY MANAGER REPORTS AND COMMENTS
WATER RIGHTS AND CLAIMS
Joseph K.Gavinski,City Manager,stated that inthe past the Citywas concerned about its ability
to continue to provide water to its residents and commercial and industrial users.Recently the
Department of Ecology reversed their stance on 6,600 acre feet of water claims they said were
invalid in 1979.
Gary Harer,Municipal Services Director, pointed out that the amount of water used before 1945,
when ground water laws came into effect, could be formalized by submitting a claim to the
Department of Ecology. In 1979 the Department of Ecology ruled invalid 6,600 acre feet of water
claimed bythe City.The the City has always verbally protested that ruling and in September 2012,
the Department of Ecology admitted their error and validated the City's water claims. This adds
another 6,600 acre feet of water available to the City. He mentioned out thatwhen private property
owners connect to the Citywater, their water claims become the property ofthe City.Atthis time,
the City actually has 10,400 acre feet ofvalid water claims and 9,304 acre feet of certificated water
rights.
STQRMWATER REPORT
Gary Harer, Municipal Services Director,provided a report on the work the Stormwater Division has
done and what will be done in the future.
BUILDING ACTIVITY REPORT
The September 2012 Building Activity Report was presented.
GAMBLING TAX
The City received $76,980.54 from gambling tax for the third quarter.
INVESTMENT REPORT
The City received $15,081.42 in investment income for September 2012.
SALES TAX/TRANSIENT RENTAL INCOME
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The City received$407,813.31 in sales taxand $53,987.68 in transient rentalincomein September
2012.
The regular meeting was adjourned at 8:20 p.m.
ATTEST
W.Robert Taylor,Finance Director
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