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2015 01 277571 MOSES LAKE CITY COUNCIL {)January 27,2015 Council Present:Dick Deane,Bill Ecret, Karen Liebrecht,Jason Avila,David Curnel,and Todd Voth Absent: Jon Lane The meeting was called to order at 7 p.m. by Mayor Deane. PLEDGE OF ALLEGIANCE:Peter Hudlow,Hope Source,led the Council in the pledge of allegiance. PRESENTATION AND AWARDS PROCLAMATION The proclamation declaring February 2015 as Moses Lake Heart Month was read in its entirety.Z/3,2 CONSENT AGENDA Minutes:The minutes of the January 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 recorded on a listingwhich has been made available to the Council forapproval and is retained for public inspection at the Civic Center.As of January 27,2015 the Council does approve for paymentclaims inthe amountof $1,038,827.88;prepaid claims inthe amountof $65,504.60;claim checks in the amount of $1,368,212.21;and payroll in the amount of$327,983.18. Resolution -Accept Easement -Torkelson Trust: A resolution was presented which accepts an easement /D/3 (J from the Wilma R.Trorkelson Trust for abus turnout and sidewalk adjacent to the Grocery Outlet on Stratford v-^Road. Resolution -Accept Deed -Grant County:A resolution was presented which acceptsa quit claim deed from JOVO Grant County to clarify right-of-way on various city streets. Resolution -Accept Deed - Grant County: A resolution was presented which accepts a quit claim deed from /D*/£> Grant County for right-of-way on Stratford Road. Action Taken:Dr.Curnel moved that the Consent Agenda be approved,seconded by Mr.Avila, and passed unanimously. COMMISSION APPOINTMENTS LODGING TAX ADVISORY COMMITTEE Kim Kirkbride resigned from the Lodging Tax Advisory Committee and Monica Medina,General Manager, Comfort Suites,expressed an interest in serving. Action Taken:Mrs.Liebrecht moved that Monica Medina be appointed to the Lodging Tax Advisory Committee,seconded by Dr.Curnel,and passed unanimously. CONSIDERATION OF BIDS AND QUOTES -None PETITIONS,COMMUNICATIONS.OR PUBLIC HEARINGS VETERAN SUPPORT SERVICES Pete Hudlow,Hope Source,provided information on the supportive services for veteran families offered by //vy Hope Source and which is funded by the Veterans Administration.The main service isto provide housing for veterans and their families. //Sf'£ 7572 CITY COUNCIL MINUTES January 27, 2015 //£(*WESTLAKE PLANNED UNIT DEVELOPMENT f} Gilbert Alvarado,Community Development Director,stated that the ordinance establishing the Westlake Planned Unit Development was approved several years ago. A planned unit development must begin construction withina certain time frame or the ordinance is rescinded.The time for the development of the Westlake Planned UnitDevelopment has expired and an ordinance rescinding the planned unitdevelopment would have been presented to the Council at this meeting but the owner has requested an extension as a different developer has expressed an interest in the project. He pointed out that there are no provisions in the ordinance to allow for an extension. RickCrittenden stated that he wouldliketo get an extension on the approval ofthe planned unitdevelopment since he is discussing the project with otherdevelopers. There was some discussion because there is no option available to grant a time extension on a planned unit development.Itwas pointed out that ifthe Council wishes to extend the time of approval on a planned unit development,the ordinance would have to be amended. Action Taken:Mr. Voth moved that the ordinance be amended to allow an extension for a planned unit development,seconded by Mr. Avila,and passed unanimously. /W<P GRANT COUNTY FAIRGROUNDS Jon Smith,246 Northshore Drive,stated that the City has offered concessions to the County for the annexation of the Grant County Fairgrounds.The County is concerned that the City would impair traditional fairground activities. He urged the County and the City to work together to provide a solution agreeable to both parties. It was pointed out that the City has forwarded a proposed agreement to the County and the County has not ^""^ responded. Therewas considerablediscussion bythe Council overthe County's concernsaboutannexing the fairgrounds to the City. Itwas pointed outthatthe concernsof the County have been addressed by the Citybut the County has not responded to those proposals.Any further discussions on the issue will be at the instigation of the County. fO/O BUDGET -DALLUGE Elisia Dalluge provided information on her proposal for a share-the-care program. This is a public contribution program which would allow the public to donate money to help fund the activities that have been suspended at this time. There was considerable discussion on how the program would work and itwas pointed out that anyone can made a donation to the City at any time. ORDINANCES AND RESOLUTIONS ORDINANCES -CREATE 3.65 AND REPEAL 17.56 - 2nd READINGS ///(f Ordinances were presented which create 3.65,Private Street and Utility Latecomer Contracts and repeal 17.56,Reimbursement Agreements. The ordinance creating Chapter 3.65 of the Moses Lake Municipal Code entitled "Private Street and Utility Latecomer Contracts"was read by title only. Action Taken:Mr.Avila moved that the second reading of the ordinance be adopted,seconded by Dr.Curnel,C^\ and passed unanimously. JDfr/The ordinance repealing Chapter 17.56 of the Moses Lake Municipal Code entitled "Reimbursement Agreements"was read by title only. 7573 CITY COUNCIL MINUTES January 27,2015 I)ActionTaken:Mr.Ecretmoved thatthe second reading ofthe ordinancebe adopted,seconded by Dr.Curnel, and passed unanimously. ORDINANCE -AMEND 16.40 - 2nd READING Anordinance was presented which amendsChapter 16.40,Fire Department Permit Fees,in order tocomply with the requirements for operational permits as outlined in the currently adopted State Fire Code. The ordinance amending Chapter 16.40 ofthe Moses Lake Municipal Code entitled "Fire Department Permit Fees"was read by title only. There wassome questions about thefees and which Department would dothe inspections,which staffcould not answer at this time. Action Taken:Mr.Voth moved that the second reading of the ordinance be tabled,seconded by Mrs. Liebrecht,and passed unanimously. ORDINANCES -AMEND 19.06 AND 19.55 - 2nd READINGS Ordinances were presented which make housekeeping changes to Chapter 19.06,Classification and Designation of Wetlands and Regulations for the Conservation and Protection of Wetlands,and 19.55, Comprehensive Plan and Development Regulation Amendments, to bring them into compliancewith state law and the current operations of the Community Development Department. U The ordinance amending Chapter 19.06 of the Moses Lake Municipal Code entitled "Classification and Designation ofWetlands and Regulationsfor the Conservation and Protection ofWetlands"was readbytitle only. ActionTaken:Dr.Curnel moved that the second readingofthe ordinance be adopted,seconded by Mr.Avila, and passed unanimously. The ordinance amending Chapter19.55 ofthe Moses Lake Municipal Code entitled "Comprehensive Planand Development Regulation Amendments"was read by title only. Action Taken:Mrs.Liebrecht moved that the second reading of the ordinance be adopted,seconded by Dr. Curnel,and passed unanimously. ORDINANCE -REPEAL 18.49 -SITE PLANS -SINGLE READING An ordinance was presented which repeals Chapter 18.49,Site Plans. The ordinance repealing Chapter 18.49 of the Moses Lake Municipal Code entitled "Site Plans"was read by title only. GilbertAlvarado,Community Development Director,explained that approval of a site planincludes a review bystaffand a public hearingbeforethe Planning Commission, whichadds about60 days tothe process. He mentioned that a site plan cannot be approved unless it meets the City's development regulations and it cannot be denied ifit meets those regulations. The development community has questioned the need fora site plan review and after consideration,the Planning Commission agreed that review by staff would be sufficient. Any requested deviations fromthe requirements would still need PlanningCommission approval. Action Taken:Mr.Voth moved that an emergency be declared and the ordinance be adopted in a single reading,seconded by Mr.Avila, and passed unanimously. ^v^ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -1st READING An ordinancewas presented which extends the moratoriumon the establishment of "collectivegardens"for the medical use of marijuana. /OSCf //cr/ /o<ry /<?cr/ 7574 CITY COUNCIL MINUTES January 27.2015 The ordinance of the City ofMoses Lake extending amoratorium on the establishment of medical marijuana /^ collective gardens,defining "medical marijuana collective gardens",providing for a public hearing establishing aneffectivedate,and providing thatthe moratorium,unlessextended,will sunset within six(6)monthsofthe date of adoption was read by title only. Katherine Kenison,City Attorney, stated tatthe legislature will probably make some decision on this issue during the current legislative session and recommended that the moratorium be continued. Action Taken:Mrs.Liebrecht moved that the first reading ofthe ordinance be adopted and a public hearing be set for February 10,seconded by Dr.Curnel,and passed unanimously. iNb RESOLUTION -ESTABLISH LATECOMER FEE A resolution was presented which establishes a latecomer contract fee for city utilities installed bya private developer. The resolution establishing a latecomercontractfee was read by title only. Action Taken:Mrs.Liebrecht moved that the resolution be adopted,secondedby Dr.Curnel,and passed unanimously. 113 b RESOLUTION -LEASE PURCHASE AGREEMENT A resolution was presented which provides for the reimbursementof capital expenditures from the proceeds of the lease purchase agreement. The resolution authorizing the execution and deliveryofa master equipment lease/purchase agreement and related instruments and determining other matters in connection therewith was read by title only.f"*} action Taken:Dr.Curnel moved that the resolution be adopted,seconded by Mr.Avila, and passed unanimously. /OYb RESOLUTION -ACCEPT DONATION -WELFUND A resolution was presented which accepts a $2,500 donation from WELfund.The funds will be used to purchase athletic equipment for the Police Department fitness room. The resolution accepting a donation to the Moses Lake Police Department was read by title only. Action Taken:Mr.Avila moved that the resolution be adopted,seconded by Dr.Curnel,and passed unanimously. REQUEST TO CALL FOR BIDS 1019'A 2015 CRACK SEAL PROJECT Staff requested authorization to callforbids for the 2015 Crack Seal Project. The projectincludes sealing approximately500,000 feet of cracks instreets, alleys, bike paths, and parking lots throughoutthe City. Action Taken:Dr.Curnel moved that staff be authorized to call for bids,seconded by Mrs.Liebrecht,and passed unanimously. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION -None C\ NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS -None 7575 CITY COUNCIL MINUTES January 27,2015 CITY MANAGER REPORTS AND COMMENTS QUARTERLY FINANCIAL REPORT The 2014 fourth quarter financial report has been posted on the City's website. GAMBLING TAX The City received 565,446.90 from gamblingtax forthe fourth quarter of 2014. INVESTMENT REPORT The City received $19,868.05 in investmentincome for December 2014. SALES TAX/TRANSIENT RENTAL INCOME .^.£ The City received $437,266.10 in sales taxand $39,460.80 in transient rental income in December. The regular meeting was adjourned at 9 p.m. ATTEST /)Dick Deane,Mayor bert Taylor/Finance Director