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2011 12 13u w 7229 MOSES LAKE CITY COUNCIL December 13,2011 CouncilPresent: Jon Lane, DickDeane,KarenLiebrecht, DavidCurnel,Bill Ecret, RichardPearce, and Brent Reese The meeting was called to order at 7 p.m. by Mayor Lane. PLEDGE OF ALLEGIANCE:Mayor Lane led the Council inthe pledge of allegiance. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Minutes:The minutes of the November 22,2011 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 city hall.As of December 13,2011 the Council does approve for payment claims inthe amount $2,684,303.96; prepaid claims in the amounts of $14,175.83,$7,035.60;$7,175.01,$1,580.24, and $34,133.92; claim checks in the amount of $1,111,981.70;and payroll in the amounts of $314,711.72, $7,528.46,and $315,583.82. Resolution -Abandon Easement -Grant Transit Authority:A resolution was presented which /Q/3 abandons an easement located in Lot 1,North Gateway Center Binding Site Plan,the site of the new building forthe GrantTransit Authority. The easement contains a sewer linewhich will be rerouted through a new easement. Resolution - Accept Sanitary Sewer Improvements - GrantTransit Authority:A resolution was //(&(? presented which accepts the sanitary sewer improvements constructed on Lot 1,North Gateway Center Binding Site Plan for the Grant Transit Authority. Resolution -Accept Access Easement -Grant Transit Authority:A resolution waspresented which /O/3 accepts an access easement from Grant Transit Authority which allows the City to access water and/or sewer meters located at the Grant Transit Authority Operation and Maintenance base on Owen Road. Resolution -AcceptEasement -Grant Transit Authority:A resolution was presented which accepts /Q /3 an easement fromGrantTransit Authorityforthe realignment ofthe sanitary sewer on Lot 1,North Gateway Center Binding Site Plan. Resolutions (3)-Abandon Easements - SEG Alder LLC and Walgreens:Three resolutions were Jo /S presented which abandon easements on propertyat the corner of Stratford Road and Broadway Avenue.The needed easements will be re-dedicated on the Stratford Road Short Plat. Crossroads Phases 5 and 6 Preliminary Major Plats:Hayden Homes submitted two preliminary //£*(# plats for 60 single family lots on 14.6 acres located east of Highway 17 approximately halfway •;>between Wheeler Road and Nelson Road. The site iszoned R-1,Single Family Residential.The ^—J Planning Commission recommended that the preliminary plats be approved with the requested deviations. 7230 CITY COUNCIL MINUTES December 13,2011 Action Taken:Mr.Pearce moved that the Consent Agenda be approved,seconded by Mr.Reese, and passed unanimously. COMMISSION APPOINTMENTS JD03 PLANNING COMMISSION Mayor Lane requested confirmation of the re-appointment of Todd Voth to the Planning Commission. ActionTaken:Mr.Deane moved thatthe re-appointment ofToddVoth tothe Planning Commission be confirmed,seconded by Dr.Curnel,and passed unanimously. CONSIDERATION OF BIDS AND QUOTES:None PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS Itftf COLUMBIA BASIN GROUND WATER MANAGEMENT AREA Paul Stoker,Executive Director,distributed information on the activities of the Columbia Basin Ground Water Management Area and reported to the Council on the status ofthe groundwater in the Moses Lake area. There was some discussion by the Council. ORDINANCES AND RESOLUTIONS 7/y^ORDINANCE -FRANCHISE -NORTHLAND CABLE -2ND READING An ordinance was presented which grants a franchise to Northland Cable Television,Inc. to operate and maintain a cable system in the City of Moses Lake. The ordinance grantinga franchise to Northland Cable Television,Inc.to operate and maintaina cable system inthe City of Moses Lake and setting forth conditionsaccompanying the grantof franchise was read by title only. Action Taken:Mr.Reese moved that the second reading of the ordinance be adopted,seconded by Mr.Ecret, and passed unanimously. JO/O ORDINANCE -AMEND 2011 BUDGET -1st READING An ordinancewas presented which amends the 2011 budget. The ordinance amending the 2011 budget for the City ofMosesLake,Washingtonwas read bytitle only. ActionTaken:Mrs.Liebrecht moved that the first readingofthe ordinance be adopted,seconded by Dr.Curnel,and passed unanimously. T O C 7231 CITY COUNCIL MINUTES December 13,2011 M ORDINANCE -FRANCHISE -U.S.SPRINT -1st READING //</</* An ordinance was presented which grants a franchise to U.S.Sprint Communications Co.to operateand maintain a cablesystem inthe City of Moses Lake. The ordinance granting toUS Sprint Communications Company,a New York General Partnership, its successors or assigns,a franchise to own,operate,and maintain a buried communications system and maintain that portion of right-of-way to city standards above and around the communications system was read by title only. Action Taken:Mr.Pearce movedthatthe first reading ofthe ordinance be adopted,seconded by Mr.Deane,and passed unanimously. W W ORDINANCE -GARBAGE COLLECTION -1st READING An ordinance was presented which reduces the rate for a4 yard dumpster one time aweekto encourage customers touse this service rather than a2 yard dumpster four times a week. The ordinance establishing charges for garbage collection was read by title only. ActionTaken:Mrs.Liebrecht moved thatthe first reading ofthe ordinancebe adopted,seconded by Mr.Ecret, and passed unanimously. RESOLUTION -ACCEPT DONATION -SUMMER CONCERT SERIES A resolution was presentedwhich accepts donations from various businesses and organizations to fund the 2011 Centennial Theater Summer Concert Series and Movies in the Park. The resolution accepting contributions for the City of Moses Lake Centennial Theater Summer Concert Series and Movies in the Park Program was read by title only. Action Taken:Mr.Ecret moved that the resolution be adopted,seconded by Mr.Reese,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 ANIMAL CONTROL Jane Cybelski explained to the Council the events leading up to her being knocked down by a pit bull that then attacked and killed her Pomeranian.She felt that the owner of the pit bull did not maintain control of herdog. She requested the City hold pet owners responsible for the actions of their pets. Larry Cybelski felt thatthe processshould be changed sothatthe public ismade aware ofanydog that is confiscated due to aggressive activity and request any information from the public on previous aggressive actions bythe dog.He also felt that ifthe dog owner removes the dog from joef JO</G> sOJ3 7232 CITY COUNCIL MINUTES December13,2011 the scene of an aggressive act,the owner should forfeit the dog.He felt that owners should properly secure theirdogs orhave a screen dooras a secondary defense and perhaps have a sign indicating a dog is on the premises. Joseph K.Gavinski,City Manager,stated that there is a state lawthat deals withdangerous and potentiallydangerous dogs and there is a city ordinance concerning vicious dogs. He mentioned that the City hazardous dog ordinance was simply a requirement to register dogs considered hazardous.He explained the tools the City has available to deal with these kinds of situations. Katherine Kenison, CityAttorney,stated that the City will be proceeding withthis case under the lawsand rulesnowexistingandthatthe Citywill be reviewing its animal control regulations inthe near future. There was some discussion by the Council on the issue of animal control. COUNCIL QUESTIONS AND COMMENTS -None CITY MANAGER REPORTS AND COMMENTS /£c/3 RETREAT 2012 Joseph K.Gavinski,City Manager,stated that the 2011 Council/staff Retreat has been scheduled forFebruary24 and 25 atthe ATEC Building located onthe BigBend Community College campus. /107 MOSES LAKE BUSINESS ASSOCIATION -FLOWER POTS Joseph K.Gavinski, City Manager,statedthat staff contacted the State Auditor's Office concerning the issue of using self-help funds to reimburse the Moses Lake Business Association for the planters placed in the downtown area and is was the opinion of the State Auditor's Office that because there was no contract with the Moses Lake Business Association,reimbursement for the planters is not acceptable use of the self help funds. /Q^3 ANIMAL CONTROL -CATS Joseph K.Gavinski,City Manager,stated that he researched cat regulations and found that some jurisdictions require cats to be licensed,some providethat itis illegal to allowan animal to roam another's propertywithout permission, and some providethat an animal owner is responsible for damages the animal causes to another persons'property. He pointed out that it is difficult to determine whose cat may be roaming or damaging property. Katherine Kenison, CityAttorney,recommended that ifthe Council wishes to pursue regulations forcats that the City begin with requiring the licensing of cats. There was some discussion by the Council on the difficultyof enforcing cat regulations and no action was taken. DEPARTMENT DIRECTOR PRESENTATIONS Joseph K.Gavinski,City Manager,provided the schedule for the presentations bythe department /-% riin»r.tnrs I T T 7233 CITY COUNCIL MINUTES December 13,2011 W BUILDING ACTIVITY REPORT /036~s4 The November 2011 Building Activity Report was presented. INVESTMENT REPORT ^_/003 The City received $20,889.14 in investment income for November 2011. SALES TAX/TRANSIENT RENTAL INCOME /JSfC The City received $11,689.43 in sales tax and $56,261.04 intransient rental income inNovember ; 2011. The regular meeting was recessed at 8:40 p.m. and the Council met in a 20 minute executive session with the CityAttorney to discuss labor relations and litigation.The executive session was adjourned at 9 p.m.and the regular meeting was reconvened. STAFF SALARIES Action Taken:Dr.Curnel moved that the Moses Lake Professional and Clerical Association,non union, and exempt staff be authorized a pay raise of4%,seconded by Mrs. Liebrecht, and passed unanimously. The regular meeting was adjourned at 9:05 p.m. ATTEST Jon Lane,Mayor C&Z4MJL - Ronald R.Cone,Finance Director /096?