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2015 04 14u 7599 MOSES LAKE CITY COUNCIL April 14,2015 Council Present:Dick Deane,Bill Ecret,Karen Liebrecht,David Curnel,ToddVoth,and Jason Avila Absent: Jon Lane The meeting was called to order at 7 p.m. byMayorDeane. PLEDGE OF ALLEGIANCE: Dr.Curnel led the Council in the flag salute. PRESENTATION AND AWARDS -None CONSENT AGENDA Minutes: The minutes of the March 24 meeting were presented for approval. Minutes:The minutes ofthe special meeting of March 30,31,April 1,and6,werepresented 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,andthoseexpense reimbursement claims,certified as required by RCW 42.24.090,havebeen recorded ona listing which has been made available tothe Council forapproval and is retained for public inspection atthe Civic Center.As ofApril 14,2015 the Council does approve for payment claims in theamount of$397,531.41;prepaid claims in theamounts of$54,509.47,$1,001,632.54, and$72,690.77;claim checks in theamountof$1,955,766.80;and payroll in theamountsof$313,509.55 and $4,176.37. Crossroads North Phase 1 Major Platand Findingsof Fact: Hayden Homes submitted a preliminary platto //£i, subdivide 8.2 acres into 32 single family lots.A deviation to block length standards and a deferral to allow i )temporary cul-de-sacs were requested. The site is located east of Highway 17,approximately halfway ^-^between Wheeler Road and Nelson Road and is zoned R-1,Single Family Residential.The Planning Commissionrecommended thatthe preliminary final platbeapprovedwith conditions.TheCouncil'sapproval ofthisdecision incorporates and adopts the Findings,Conclusionand Decisionofthe PlanningCommission. Resolution -Accept Easement -Gesa Credit Union:Aresolution was presented which accepts a utility access /O/3 easement from Gesa Credit Unionfor municipal purposes on Block3, Riviera Addition,located at 721 S. Pioneer Way. Action Taken:Mr.Voth moved that the Consent Agenda be approved,seconded by Mr.Avila,and passed unanimously. COMMISSION APPOINTMENTS PARKS AND RECREATION COMMISSION Mayor Deane requested Council confirmation of the re-appointment of Connor Lange and Betty Lang to the Parks and Recreation Commission. Action Taken:Mrs.Liebrecht moved that the re-appointment of Connor Lange and Betty Lang be confirmed, seconded by Dr.Curnel,and passed unanimously. CONSIDERATION OF BIDS AND QUOTES LARSON WATER IMPROVEMENTS The City received three bids for the 2015 Larson Water Improvements.The project includes replacing ^ \^J hydrants,installing valves,installing pads,and associated work to improve the reliability of the hydrants. Gary Harer,Municipal Services Director,explained the project and recommended awarding the bid even though the bids came in over the engineer's estimate. J07/ 7600 CITY COUNCIL MINUTES April 14,2015 Action Taken:Mrs.Liebrecht moved that the bid be awarded to Advanced Excavation in the amount of $299,100,seconded by Dr. Curnel, and passed unanimously. PETITIONS.COMMUNICATIONS.OR PUBLIC HEARINGS ]nQ(j REQUEST TO USE WATER PARK -MOSES LAKE MANTA RAY SWIM TEAM -~j"^(J]The Moses Lake Manta Ray Swim Team requested the use of the Surf 'N Slide Water Park for their annual swim meet on July 17-19 and the use of McCosh Park for overnight camping. Rod Richardson, representing the Manta Ray Swim Team, stated that they wish to allow tent camping in McCosh Park and also have obtained the grass field at Frontier Middle School foradditionalparkingand RV camping. There was some discussion concerning the use of the water park bythe publicand itwas also pointed out that the Police Department has no issues with the activity. Action Taken:Mr.Ecret moved that the request be granted for the use of the Surf 'N Slide Water Park and allow tent camping in McCosh Park,seconded by Mr.Avila,and passed unanimously. jO^Q MASTER GARDENER FOUNDATION -SIGNS The MasterGardener Foundation requested permission to place sandwich board signsadvertising their plant sale on Saturday May9. The signs would be located near the corner of Broadway and 4th,near the Moses Lake Library on 5th,and near the corner ofStratfordand Broadway. Mona Kaiser,MasterGardener Foundation,stated that they have held the plantsale for about 15 years.The funds fromthe sale of the plants are used to encourage the enhancement of good gardening inGrant and /""N Adams Counties. Action Taken:Mrs.Liebrecht moved that the request be granted,seconded by Dr.Curnel,and passed unanimously. ORDINANCES AND RESOLUTIONS ORDINANCE -REPEAL 1.20 -ADMINISTRATIVE ENFORCEMENT AND CREATE 1.20 -CIVIL CODE ENFORCEMENT - 2nd READING An ordinance was presented which repeals the current Chapter 1.20 of the Moses Lake Municipal Code entitled "Administrative Enforcement"and adopts a new Chapter 1.20 titled "Civil Code Enforcement".This new ordinance is intended to clear up,clean up, and strengthen the civil code enforcement procedures. The ordinance ofthe City of Moses Lake repealingthe current Chapter 1.20ofthe Moses Lake Municipal Code entitled "Administrative Enforcement"and adoptinga newChapter 1.20 titled "Civil Code Enforcement" was read by title only. ActionTaken:Mr.Avila moved that the second reading ofthe ordinance be adopted,seconded by Mr.Voth, and passed unanimously. )Q7^ORDINANCE -AMEND 13.12 -WATER.SEWER.AND STORMWATER RATES -2nd READING Anordinance was presented which increases the water, sewer, and stormwater rates. The ordinance amending Chapter 13.12 of the Moses Lake Municipal Code entitled "Water,Sewer,and ^^^ Stormwater Rates"was read by title only.f) Robert Taylor,Finance Director,statedthatthe section onthe non-metered accounts has been eliminated from the ordinance. //OA o 7601 CITY COUNCIL MINUTES April 14,2015 I J Action Taken:Mr.Avila moved that the second reading of the ordinance be adopted,seconded by Mrs. ^"^Liebrecht,and passed unanimously. ORDINANCE -AMEND 6.18 -PENALTIES AND ENFORCEMENT - 1st READING An ordinance waspresented which amends6.18,Penalties andEnforcement,by providing specific penalties for barking dogs. Theordinance amending 6.18 oftheMoses Lake Municipal Code entitled "Penalties and Enforcement"was read by title only. Katherine Kenison,City Attorney,explained thatwhen the animal control chapter was recently replaced the barking dog penalty was inadvertently omitted so this amendment addresses that omission. There was some discussion on the enforcement process on barking dogs. Action Taken:Dr.Curnel moved thatthefirst readingoftheordinancebeadopted,seconded byMr.Avila,and passed unanimously. RESOLUTION - BUILD ON UNPLATTED PROPERTY -AMERICOLD Aresolution waspresentedwhich would allow Americold toconstruct a building on unplatted property located at 3245 Road N NE. The resolution allowing Americold to build on unplatted property ownedbyART Mortgage Borrower Propco 2013 LLCwas read by title only. {^J Action Taken:Mr.Voth moved that the resolution be adopted,seconded by Mr.Avila,and passed unanimously. RESOLUTION -ACCEPT DONATION -DEANE A resolution was presented which accepts a $15,000 donation fromSidney Richard Deane. The funds will be used bythe Parks and Recreation Department forthe construction ofa picnicshelter inthe publicspace outside of the Japanese Peace Garden. The resolution accepting a cash donation of $15,000 from Sidney Richard Deane was read by titleonly. Action Taken:Mrs.Liebrecht 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 MULTI-AGENCY COMMUNICATION CENTER The City'sposition onthe Multi-Agency Communication Center BoardofDirectorswas heldbytheformerCity Manager and the alternate position is Fire Chief Tom Taylor. The Council should consider appointing a representative to the Board. Gilbert Alvarado, Interim City Manager,recommended that Police Chief Dave Ruffin be appointed to the ^_^position. Action Taken:Mr.Ecret moved that Police Chief Dave Ruffin be appointed to the Multi-Agency Communications Center Board of Directors,seconded by Mr.Avila,and passed unanimously. //O0 //£b v4 /OYt, H9& 7602 CITY COUNCIL MINUTES April 14,2015 NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None COUNCIL QUESTIONS AND COMMENTS RECOGNITION OF BUSINESSES Mayor DeanementionedthatAstaReal has been operating inthe City for nearly ayearandhas indicated they would like some kind of recognition from the City.He requested staff to draft a policy on recognition of businesses. CITY MANAGER REPORTS AND COMMENTS REIMBURSEMENTS 2015 GilbertAlvarado, InterimCity Manager, provided the increase inthe water,sewer,storm water, and street reimbursements.These amounts are increased each year by the January to January CPI. NATIONAL FROZEN FOODS -HAZARDOUS PERMIT FEES GilbertAlvarado, InterimCityManager,mentioned thatGaryAsh from NationalFrozen Foods,objected to the cost of a hazardous material permit at a recent Council meeting.He mentioned that he has discussed the issue with Mr.Ash and communication is ongoing. /Do 3 VACATION RENTAL -UPDATE Gilbert Alvarado,Interim City Manager,stated that he contacted the City's insurance carrier,CIAW,aboutthe issue of allowing vacation rentals without requiring the facilities to have a fire sprinkler system.CIAW will -~ issue a response to the documentation that was provided and to the City's interpretation of the Building Code.I ) HANSEN -AMENDMENT TO SEWER REGULATIONS Gilbert Alvarado,Interim City Manager,reported that the request from Mick Hansen to allow a septic system in the Heavy Industrial Zone is on hold at this time due to other issues that need to be addressed by Mr. Hansen,including water rights issues. //</$SHORELINE MASTER PROGRAM Gilbert Alvarado,Interim City Manager,stated that the City has requested a 45 day extension to respond to the comments fromthe Departmentof Ecology on the Shoreline Master Program and that extension hasbeen granted. /09(s WELLCITY GilbertAlvarado, InterimCity Manager,stated that the City has met the AWCTrust's WellCity standards and earned a 2%discount on medical premiums for 2016. /O/ZT RECRUITMENT OF NEW CITY MANAGER GilbertAlvarado, InterimCity Manager,stated that proposals for recruitment services fora newCity Manager have been provided to the Council and they will be available to discuss their services at the April28 Council meeting.He mentioned that a resume has been submitted by Dick Zais, who has previously served as an interim City Manager, and who will also be present at the April 28 meeting. //v3 f AMBULANCE REPORT y-v The cash report on the ambulance operations for the month of March was provided. o _ „ CITY COUNCIL MINUTES 7603 April 14,2015 BUILDING ACTIVITY REPORT The March Building Activity Report was provided. INVESTMENT REPORT The Cityreceived $18,991.73 in investment income for January 2015 and $17,374.34 in investment income for February 2015. STATE AUDITOR Gilbert Alvarado, Interim City Manager,stated that the State Auditor's Office met with staff concerning the City'sinterfundloans. The State Auditor's Office disagreed with howthe City has been handling its interfund loans and will be providing a written response in the future. FIRE DEPARTMENT PERFORMANCE STANDARDS Gilbert Alvarado, Interim City Manager,stated that the performance standards for the Fire Department are proposed to be presented at the first Council meeting in May. The regular meeting was recessed at 8 p.m.and the Council met in a 20 minutes executive session with the City Attorney to discuss litigation.The executive session was adjourned at 8:18 p.m.and the regular meeting was reconvened. AT&T LITIGATION Katherine Kenison stated that a Settlement Agreement has been offered by the consortium of cities that were sued in a class action law suit by AT&T. AT&Tvoluntarily overpaid utilitytax payments that were not legal for it to be charging its customers and has sued the City seeking reimbursement of those voluntary overpayments.The original claim was over $150,000 and they have offered to settle for $30,000,which the City has accepted.The settlement amount will be paid by issuing a credit to AT&T so the City will not receive any tax payments for approximately a month and a half until the credit is exhausted. Robert Taylor,Finance Director,stated that in the last three months AT&T has paid approximately $26,000 per month in utility taxes. Action Taken:Mr.Voth moved thatthe SettlementAgreement with AT&Tbe accepted,seconded by Mr.Avila, and passed unanimously. CIVIL SERVICE COMMISSION Katherine Kenison,City Attorney,stated that a letter has been received from Steve DiJulio regarding representing the Civil Service Commission in an appeal of the termination of a Police Officer. Action Taken:Mr.Ecret moved that the Interim City Manager be authorized to sign the engagement letter with Steve DiJulio,seconded by Dr.Curnel,and passed unanimously. \o~s4 'J- //<34> ?? The regular meeting was adjourned at 8:22 p.m. ATTEST SBU^/^^'K^2- Dick Deane,Mayor W.Robert Taylor,Finance Director