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7431
MOSES LAKE CITY COUNCIL
October 22,2013
Council Present:Dick Deane,Jon Lane,Karen Liebrecht,Jason Avila, David Curnel,and Brent
Reese Absent:Bill Ecret
The meeting was called to order at 7 p.m. by Deputy Mayor Deane.
PLEDGE OF ALLEGIANCE:Mr.Avila led the Council in the pledge of allegiance.
PRESENTATION AND AWARDS -None
CONSENT AGENDA
Minutes:The minutes of the October 8 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
availableto the Council forapproval and is retained for publicinspection at the CivicCenter. As
of October 22,2013 the Council does approve for payment claims inthe amount of $877,754.14;
prepaid claims in the amounts of $13,859.36 and $475,571.51;claim checks inthe amount of
$1,725,085.59;and payroll in the amount of $324,080.56.
Action Taken:Mr.Lane moved that the ConsentAgenda be approved,seconded by Mr.Avila, and
passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS
ORDINANCES -TAXATION -1st READINGS/PUBLIC HEARING
Ordinances were presented which fix the estimated amount to be received by the City from
property taxes and sets the tax levy rate.
Joseph K.Gavinski,City Manager,explained the process of setting the amounts to be received
from property taxes.
The ordinance fixing the amounttobe receivedfor municipal purposes from taxationsonassessed
valuations on property within the City of Moses Lake,Washington for 2014 was readby title only.
The public hearing was opened.
Action Taken:Dr.Curnel moved that the public hearing be closed,seconded by Mr.Lane, and
passed unanimously.
ActionTaken:Mr.Lane moved thatthe first reading ofthe ordinance be adopted,seconded by Mr.
Reese,and passed unanimously.
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CITY COUNCIL MINUTES October 22,2013
The ordinance fixing the estimated amount to be received for municipal purposes from taxations
on assessed valuations on property within the City of Moses Lake,Washington for 2014 was read
by title only.
Action Taken:Mr.Reese moved that the first reading of the ordinance be adopted,seconded by
Mr.Avila,and passed unanimously.
//77 RESOLUTION -SIX YEAR STREET PLAN -PUBLIC HEARING
A resolution was presented which adopts the amended Six Year Transportation Improvement
Program.
The resolution to amend Resolution 2695Transportation Improvement Program for 2013-2018 and
2014-2019 was read by title only.
Gary Harer,Municipal Services Director,stated thatthe amendment tothe SixYear Transportation
Improvement Program is necessary inordertoaddthe Heron BluffTrail projectso thatthe Citycan
receive federal and state funding for the project.
The public hearing was opened.There were no comments.
Action Taken:Mr.Reese moved that the public hearing be closed,seconded by Mr.Avila, and
passed unanimously.
Action Taken:Mr.Lane moved thatthe resolution be adopted,seconded by Dr.Curnel,and passed
unanimously.
ORDINANCES AND RESOLUTIONS
/097 ORDINANCE -AMEND 10.12-PARKING REGULATIONS -2nd READING
An ordinance was presented which provides that no vehicle shall be parked within 10'of a fire
hydrant,including private parking lots, with a few exceptions.The amendment essentially
addresses access to fire hydrants by the Fire Department on private property.
The ordinance amending Chapter 10.12 of the Moses Lake Municipal Code entitled "Parking
Regulations"was read by title only.
Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded
by Mr.Avila, and passed unanimously.
/03ip ORDINANCE -AMEND 16.48 -FIRE HYDRANTS -2nd READING
An ordinance was presented which provides that privately owned fire hydrants located in parking
lots shall be posted with signage indicating no parking within 15 feet.
The ordinance amending Chapter 16.48 of the Moses Lake Municpal Code entitled "FireHydrants"
was read bytitle only.^\
Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,
seconded by Dr.Curnel, and passed unanimously.
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CITY COUNCIL MINUTES October22,2013
ORDINANCE -AMEND 18.58 -SIGNS - 2nd READING
An ordinance was presented which includes language regulating outdoor alcohol advertising signs
to correspond with the requirements of the Liquor Control Board.
The ordinance amending Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs"was
read by title only.
GilbertAlvarado,Community Development Director,explained that the amendments to the sign
ordinanceregarding outdooralcohol advertising signs simplyadopts whatisalreadybeingenforced
by the Liquor Control Board.
Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,
seconded by Dr. Curnel.
There was somediscussion and itwas pointedoutthat adoptingthis ordinancewould be redundant
since the Liquor Control Boardis alreadyenforcing alcohol signage.It was also pointedoutthat
the passage ofthisordinancewouldsend a message tothe youthofthe communityabout alcohol.
The motion failed with Mrs.Liebrecht and Dr.Curnel in favor and Mr.Lane,Mr.Reese,Mr. Avila,
and Mr.Deane opposed.
ORDINANCE -AMEND 18.06 -DEFINITIONS -1ST READING ADOPTED
An ordinance was presentedwhichadoptsthe definition ofa marijuana retailer inordertoestablish
a regulatory scheme to provide for the sale of marijuana within the commercial zoning districts.
The ordinanceamending Chapter18.06ofthe Moses Lake Municpal Code entitled "Definitions"
was read by title only.
Gilbert Alvarado,CommunityDevelopment Director,statedthatthisamendment will bring the City
into compliance with state law as it relates to the marijuana issue.
Joseph K.Gavinski,City Manager,statedthatthe legalization of marijuana is nowstate law and
while itis still againstfederal law,the federal governmentwill not interfere provided the state has
a robust regulatory system to handle the concerns ofthe federal government suchas making sure
marijuana is kept from minors,organized crime,is kept within the state, and a fewotherissues.
He mentioned that cities and counties are preparing for the issuance of licences by the Liquor
Control Board beginning December 1.
Katherine Kenison,City Attorney,statedthatwith the assurances ofthe federal government that
they will not prosecute the State of Washington and will rely on state regulations to provide the
robust regulatory system, the decision by a city to prohibit recreational marijuana would be
exposing a cityto the risk of a lawsuitthat the citywould probably lose.
Ryann Leonard,Moses Lake Community Prevention Coalition,statedthatthey arenotopposed
to the addition of the definition of a marijuana retailer but requested they be notified of any other
l j decisions the Council may consider with regard to marijuana.
ActionTaken:Mr.Lane moved that the firstreading of the ordinance be adopted,seconded by Mr.
Avila,and passed unanimously.
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CITY COUNCIL MINUTES October22,2013
/OY(?RESOLUTION -ACCEPT DONATION - HOME DEPOT
A resolution was presented which accepts the donation of trees and shrubs from Home Depot.The
trees and shrubs will be planted in various parks in the City.
The resolution accepting a donation of numerous trees and shrubs from Home Depot was read by
title only.
Action Taken:Mrs.Liebrecht moved that the resolution be adopted,seconded by Mr.Avila,and
passed unanimously.
/OV(p RESOLUTION -ACCEPT DONATION -VOLUNTEER FIREFIGHTERS
A resolution was presented which accepts five TNT Tools and ten PAC Handleloks for use in the
Moses Lake Fire Department.
The resolution accepting the donation of equipment from the Moses Lake Volunteer Firefighter
Association was read by title only.
Action Taken:Mr.Reese moved that the resolution be adopted,seconded by Dr.Curnel,and
passed unanimously.
//?7 RESOLUTIONS -NUISANCE ABATEMENT -2003 BEAUMONT AND 2225 CLAREMONT
Resolutions were presented which provide for the abatement of nuisances at 2003 Beaumont,
owned by the Markova Living Trust,and 2225 Claremont,owned by Enriqueta Reyes.
Rick Rodriguez,Code Enforcement Officer,was sworn inand provided testimony concerning this
issue.
There was no other testimony.The hearing was closed.
The resolution determining that Markova Living Trust 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.
ActionTaken:Mr.Lane movedthat the resolution be adopted,seconded by Dr.Curnel,and passed
unanimously.
Rick Rodriguez,Code Enforcement Officer,provided testimony concerning this issue.
There was no other testimony.The hearing was closed.
The resolution determining that Enrigueta G.Reyes 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 titleonly.f-^
ActionTaken:Dr.Curnel moved thatthe resolution be adopted,seconded by Mr.Avila,and passed
unanimously.
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CITY COUNCIL MINUTES October 22, 2013
RESOLUTION -NUISANCE ABATEMENT -1903 W.MARINA
A resolution was presented which provides for the abatement of nuisances at 1903 W.Marina
Drive.The property is owned by Ward and Khanitta Womboldt.
Joseph K.Gavinski,City Manager,stated that staffdiscussed the issue ofthe sidewalk repair with
Mr.Womboldt.Ithas been determined that,because winter is approaching,the sidewalk could not
be repaired at this time,and staff would recommend that the sidewalk repair be put in abeyance
until the spring of 2014.
There was discussion on liabilityto the City and it was pointed out that Mr.Womboldt stated that
he has insurance coverage and so the City would look to Mr.Womboldt if there are any accidents
because of the lack of sidewalk repair.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
SONICO ANNEXATION -PETITION
A petition for annexation was submitted for property adjacentto Patton Boulevard north of 22nd
Avenue and south of Randolph Road.The proposed annexation consists of approximately 61.5
acres with an assessed valuation of approximately $10.3 million.
Action Taken:Mrs.Liebrecht moved that the petition be accepted,seconded by Mr.Reese,and
passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
DISPLAY OF FLAG
llene Reese expressed her displeasure at the condition of the flag located at Walmart and
requested the City to look into it.
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
HOMELESS SHELTER
Joseph K. Gavinski, City Manager,reminded the Council of the request to use the building on
Penn.Street fora homeless shelter.He mentionedthat because of legal restrictions the Citywould
have to lease the building at fair market value.
Katherine Kenison, City Attorney,stated that even though the homeless shelter project is a very
deserving purpose,the state constitution does not allow the Cityto gift funds. Ifthe Council wishes
to allow the use of City property for a homeless shelter,the building would have to meet all the
building code requirements and the renter would have to pay fair market rent.
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CITY COUNCIL MINUTES October 22,2013
WEED ABATEMENT
Gilbert Alvarado,Community Development Director,stated that staff was requested to investigate
what other jurisdictions do about taking care of vacant lots with regard to weeds.He explained the
requirements of other cities. He also pointed out that Moses Lake is unique inthat there are large
tracts of vacant land inside the City's limits, which is not the case in other jurisdictions.He
reminded the Council that Moses Lake requires property owners to trim and maintain 10'behind
the right-of-way or sidewalk and not the perimeter.
There was some discussion by the Council and no action was taken.
INSURANCE
Joseph K.Gavinski, City Manager,mentioned that the City is audited each year by WCIA and
provided the Risk Profile to the Council.
AMBULANCE REPORT
The cash report on the ambulance operations for the month of September was provided.
'a BUILDING ACTIVITY REPORT
The September building activity report was provided.
QUARTERLY FINANCIAL REPORT
The third quarter financial report has been posted on the City's website.
J/S(f -/)GAMBLING TAX
The City received $81,874.87 from gambling tax for the third quarter.
3 3 INVESTMENT REPORT
The City received $16,536.78 in investment income for September.
C SALES TAX/TRANSIENT RENTAL INCOME
The City received $457,908.37 in sales tax and $62,363.32 in transient rental income in
September.
The regular meeting was adjourned at 8:40 p.m.
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ATTEST Dick Deane,Deputy Mayor
W.£o6ert Taylor/Fjnance Director
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