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2018 0327 Council Agenda PacketHOSES LAKE Moses Lake City Council Karen Liebrecht, Mayor I David Curnel, Deputy Mayor I Ryann Leonard, Council Member I Don Myer, Council Member I Daryl Jackson, Council Member I Mike Riggs, Council Member Call to Order -7:00 pm Roll Call Pledge of Allegiance Summary Reports: City Council Meeting Agenda March 27, 2018, 7:00 PM Mayor's Report Additional Business City Manager's Report Citizen's Communications -Identification Citizens who would like to address the council must complete one of the blue speaker request cards and submit it to the City Clerk. There is a (5) minute time limit per speaker. Consent Agenda All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. #1 a.Approval of Minutes -March 13, 2018, City Council Meeting b.Approval of Bills and Checks Old Business #2 Ordinance 2892 -Amend MLMC 10.18 Off-Road Vehicles & WA TV's Presented by Kevin Fuhr, Police Chief Summary: Council to review and adopt ordinance as presented #3 Encumbrance Ordinance 2893 -1st Quarter Budget Adjustment Presented by Cindy Jensen, Finance Director Summary: Council to review and adopt ordinance as presented ORDINANCE NO. 2892 AN ORDINANCE AMENDING CHAPTER 10.18 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "OFF-ROAD VEHICLES (ORVS) AND WHEELED ALL-TERRAIN VEHICLES 0/VATVS)" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 10.18.030 of the Moses Lake Municipal Code entitled "Off-Road Vehicles (ORVS) and Wheeled All-Terrain Vehicles 0/VATVS)*" is amended as follows: 10.18.030 Restrictions on Use of Wheeled All-terrain Vehicles on City Streets: A.Any person who operates or rides as a passenger in a wheeled all-terrain vehicle must wear asecurely fastened motorcycle helmet while the WATV is in motion, unless the WATV is equipped withseat belts and roll bars or an enclosed passenger compartment. All passengers who are less than sixteen years of age must wear a securely fastened motorcycle helmet regardless of the presence ofseat belts. a roll cage or an enclosed passenger compartment. B.A person may not operate a wheeled all-terrain vehicle upon State Route 17, State Route 90, StateRoute 171 (all portions of Broadway and Pioneer), or Interstate 90. However, a person may cross State Route 17, State Route 90 and State Route 171 at a controlled intersection if the crossingbegins and ends on a City street with a speed limit of thirty-five (35) miles per hour or less andoccurs at an intersection of approximately ninety degrees (90). C.A person may not operate a wheeled all-terrain vehicle upon a City street with a speed limit in excessof thirty-five (35) miles per hour. However, a person may cross a City street with a speed limit in excess of thirty-five (35) miles per hour at a controlled intersection if the crossing begins and ends ona City street with a speed limit of thirty-five (35) miles per hour or less and occurs at an intersectionof approximately degrees (90). D.A person may operate a wheeled all-terrain vehicle upon any City street while being used under theauthority or direction of an appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcementagency, as defined in RCW 16.52.011, within the scope of the agency's official duties. E.Wheeled all-terrain vehicles, and the use thereof, are subject to the regulations and requirements setforth in Chapter 46.55 RCW. Section 2. Chapter 10.18.060 of the Moses Lake Municipal Code entitled "Off-Road Vehicles (ORVS) and Wheeled All-Terrain Vehicles 0/VATVS)*" is amended as follows: 10.18.060 Duty to Obey Traffic Control Devices and Rules of the Road: A.Unless a law enforcement officer directs otherwise, a person operating a wheeled all-terrain vehiclemust obey all rules of the road that apply to vehicle or pedestrian traffic and must obey theinstructions of official traffic control signals, signs and other control devices applicable to vehicles. A person operating a wheeled all-terrain vehicle upon a City street is subject to all of the duties that Chapter 46.61 RCW et seq. imposes on an operator of a vehicle, except as to those provisions thereof which by their nature can have no application. B Any person who operates or rides as a passenger in a wheeled all-terrain vehicle must wear a securely fastened seat belt as required in RCW 46.61.688 (3). Passengers less than sixteen years of age are required to be restrained as defined in RCW 46.61.687. Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 4. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on March 27, 2018. Whereas, Whereas, Vote: Riggs Aye Nay Abstain Absent Liebrecht Mvers Jackson Curnel Leonard Norman Options Option •Adopt the ordinance as presented Results Action would clarify duties for current staff positions. •Adopt the ordinance with specified Action could require staff to bring a revised changes document to Council for consideration. •Take no action No action would put the City out of compliance within the MLMC. Staff Recommendation Staff recommends Council adopted the ordinance as presented. Attachments I Draft Ordinance Legal Review The following documents are attached and subject to legal review: Type of Document Title of Document •Ordinance Amending Finance Director and establishing City Clerk Duties Page 2 of 2 Date Reviewed by Legal Counsel March 6, 2018 ORDINANCE NO. 2894 AN ORDINANCE REPEALING MOSES LAKE MUNICIPAL CODE CHAPTER 1.12 TITLED "CLAIMS FOR DAMAGES", AMENDING CHAPTER 2.12 TITLED "FINANCE DEPARTMENT" AND ESTABLISHING A NEW CHAPTER 2.10 TITLED "CITY CLERK'S OFFICE" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Section 1.12 of the MLMC is hereby repealed. Eliminated sections are replaced with the statutory requirement of Resolution 3720. Section 2. Section 2.10 of the Moses Lake Municipal Code titled "City Clerk's Office" is established as follows: 2.10.010 Appointment and Duties of City Clerk. A.The City Manager shall appoint the City Clerk who shall be the best trained and qualified personavailable. B.The City Clerk shall be responsible to the City Manager and perform the duties as prescribed in RCW35A.13 or other such duties as may be required by statute or ordinance. C.Before entering upon the duties of his/her office. the city clerk shall take an oath of office for the faithful performance of his/her duties and shall execute and file with the clerk of the council a bondin favor of the code city in the amount of no less than fifty thousand dollars. The premium on suchbond shall be paid by the city. Section 3. Section 2.12 of the Moses Lake Municipal Code titled "Finance Department" is amended as follows: 2.12.030 Appointment and Duties of Director. A. The City Manager shall appoint the Finance Director who shall be the best trained and qualified personavailable. B.The director shall be responsible to the City Manager for management of the Finance Department,supervision of departmental employees, and for effective administration of financial activities. C. The director shall be designated City Treasurer and City Clerk to perform in such capacity whenever the laws of the state or the ordinances of the city make reference to such positions. D. The Director or his duly authorized representative shall enforce the provisions contained in Title 3 of the Moses Lake Municipal Code entitled "Revenue and Finance" Title 5 of the Moses Lake MunicipalCode entitled "Business Licenses and Regulations", and Title 13 of the Moses Lake Municipal Codeentitled "Water, Sewers, and Public Utilities", and be authorized to issue misdemeanor citations and infraction notices for violations of the aforementioned code provisions. This authorization is notexclusive and is in addition to the authority conferred by law on any other appropriate city employee orofficial. E. The City Manager may appoint or authorize the Finance Director to appoint Assistant Finance Directorsto assist in the performance of the duties of the Finance Director and to act in the absence of the Director. Section 4. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on March 27, 2018.