2013 08 277413
MOSES LAKE CITY COUNCIL
(J August 27,2013
Council Present:Bill Ecret, Dick Deane,Jon Lane,Karen Liebrecht,Jason Avila,and Brent Reese
Absent:David Curnel
The meeting was called to order at 7 p.m. by Mayor Ecret.
PLEDGE OF ALLEGIANCE: Mayor Ecret led the Council in the pledge of allegiance.
PRESENTATION AND AWARDS
PROCLAMATION
The proclamation declaring September 10 - 17, 2013 as Commemoration and Support of
Constitution Week was read in its entirety.
CONSENT AGENDA
Minutes:The minutes of the August 13 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 recordedon a listing which has been made
available to the Council for approval and is retained for public inspection at the Civic Center. As
of August 27,2013the Council does approve for payment claims in the amountof $286,114.45;
prepaid claims in the amounts of $85,906.12 and $481,846.06;claim checks in the amount of
$1,411,543.48;and payrollin the amount of $354,299.70.
Seal Coat Project -Accept Work:Central Washington Asphalt,Inc completed work on the 2013 /OlQ-/-)
Seal Coat Project.The work should be accepted and the 60-day lien period entered into.
Resolution -Accept Improvements -Sunburst Multi-Familv Major Plat:A resolution was presented //y (#
which accepts the improvements constructed as part ofthe Sunburst Multi-Family Major Plat.
Resolution - Boundary Line Adjustment -Cascade Park:A resolution was presented which Joc/0
approves a boundary line adjustment between the City and the Estate of Ralph B.&Lois E.
Kenison along a portion of the east propertylineof Cascade Park.
ActionTaken:Mr.Reese moved that the Consent Agenda be approved,seconded by Mr.Lane,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -2nd /O^/
READING/PUBLIC HEARING
An ordinance was presented which extends the moratorium on the establishment of "collective
gardens"for the medical use of marijuana.
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CITY COUNCIL MINUTES August 27, 2013
The ordinance of the City of Moses Lake extending a moratorium on the establishment of medical
marijuanacollectivegardens, defining"medicalmarijuanacollectivegardens",providing fora public
hearing establishing an effective date, and providing that the moratorium,unless extended,will
sunset within six (6)months of the date of adoption was read by title only.
The public hearing was opened.There were no comments.
Action Taken:Mr.Deane moved that the public hearing be closed,seconded by Mr.Lane, and
passed unanimously.
Action Taken:Mr.Lane moved that the second reading ofthe ordinance be adopted,seconded by
Mrs.Liebrecht,and passed unanimously.
ORDINANCES AND RESOLUTIONS
/OS1/ORDINANCE-AMEND 18.20 -RESIDENTIAL ZONES -1st READING
An ordinance was presented which would allowtaller fences on corner lots in residential zones.
The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential
Zones"was read by title only.
Gilbert Alvarado,Community Development Director,stated that there is a tradeoff between the
desire of the corner lot owners to have more of the yard hidden from sight and the overall r"N
appearance of the City to the neighbors,pedestrians,and visitors.''
Victoria Podolyan,437 N.Crestview Drive, provided a sketch of her lot and pointed out that a 4'
fence that is allowed on a corner lot does not provide either privacy or security.
Action Taken:Mr.Lane moved that the first reading ofthe ordinance be adopted,seconded by Mr.
Deane,and passed unanimously.
IW?RESOLUTION -NUISANCE ABATEMENT -2603 TEXAS
A resolution was presented which provides for the abatement of nuisances at 2603 Texas.The
property is owned by Dorothy Hester.
The resolution determining that Dorothy N.Hester 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.
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 Mr.Avila,and passed S~\
unanimously.'
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CITY COUNCIL MINUTES August 27, 2013
RESOLUTIONS -NUISANCE ABATEMENTS
Resolutions were presented which provideforthe abatement of nuisances at9859 Olympic,owned
by Robert McCourtie, 1046 Division,owned by Carlos Espinoza,and 9972 Sunny,owned by
Roland Huff.
Rick Rodriguez, Code Enforcement Officer,was sworn inand providedtestimony concerning this
issue.
There was no other testimony.The hearing was closed.
The resolution determining that Robert McCourtieis the owner of certain real propertywithinthe
City;that a nuisance requiring abatement by Cityforces orforces contracted bythe Cityexists on
such property;and directing the use of such forces to abate the nuisance found was read bytitle
only.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted,seconded by Mr.Lane, and
passed unanimously.
The resolutiondeterminingthatCarlosChavez Espinoza isthe ownerofcertainrealpropertywithin
the City;that a nuisance requiring abatement by Cityforces orforces contracted bythe Cityexists
on such property;and directing the use of such forcesto abate the nuisance found was readby
title only.
Action Taken:Mr.Avila moved that the resolution be adopted,seconded by Mr.Reese,and passed
unanimously.
The resolution determining that Roland C. and Anastacia Huff are the owners of certain real
property within the City;thata nuisance requiring abatementby 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.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Mr.Avila,and passed
unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
REQUEST FOR CITY SERVICES -ROSE
RickRose requested permission toconnecthis property at 2215Westshore tothe City's waterand
sewer system. The lot is within one half mile of the City limits but the Council may wish to
determine that it is impractical for the property owner to annex because of the intervening
properties that are not withinthe City's limits.
Mr.Rose stated that his septic system has failed and since the property is on the lake side of
Westshore,he requested permission to connect to city services.
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CITY COUNCIL MINUTES August 27, 2013
Action Taken:Mr.Lane moved that the request be granted with the stipulation that an Extra
Territorial Utility Agreement be required since it is impractical to annex the property at this time,
seconded by Mrs.Liebrecht,and passed unanimously.
/OSP ANNEXATION -SONICO
The City of Moses Lake submitted a Notice of Intent to Commence Annexation Proceedings for
property between Randolph Road and 22nd Avenueto which the City holds the Powerof Attorney
through Extra Territorial Utility Extension Agreements signed by the property owners.The
proposed annexation consists of approximately 61.5 acres.Ifthe property for which the City has
no Extra Territorial Utility Agreement is excluded,the annexation would consist of approximately
52.19 acres.
Joseph K.Gavinski, City Manager,pointed out which properties have signed Extra Territorial Utility
Agreements and what other properties could be included in the proposed annexation.
Bea Stump,owner of property on Patton Boulevard,stated that they do not wish to be annexed at
this time as they are currently developing the area and felt that there may be stricter requirements
in the city which would increase the cost.
Action Taken:Mrs.Liebrecht moved that the City Council ratify the City Manager's execution on
behalf of the City of the Notice of Intent to Commence Annexation Proceedings,seconded by Mr.
Deane,and passed unanimously.
Action Taken:Mr.Lane moved that the Notice of Intent be receipted,seconded by Mr. Avila,and
passed unanimously.
Action Taken:Mr.Deane moved that the Notice of Intent be accepted,seconded by Mr.Lane,and
passed unanimously.
Action Taken:Mrs.Liebrecht moved that the staff draft up the Petition for Annexation to include the
properties where the City hold an Extra Territorial Utility Agreement and Power of Attorney,the
property where Sonico intends to build a facility,and Parcel Nos.171049013,311583000,
171044001,and 121089045,seconded by Mr.Deane,and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
IOQ3 INVESTMENT REPORT
The City received $19,840.62 in investment income for July.
The regular meeting was adjourned at 8 p.m.
Bill J.Ecret/Mayor
W.Robert Taylor,Finance Director
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