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2017 10 24u u u MOSES LAKE CITY COUNCIL October 24, 2017 CALL TO ORDER: The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Liebrecht in the Council Chambers of the Civic Center, 401 S. Balsam, Moses Lake, Washington. ROLL CALL: Executive Secretary Sophia Guerrero called the roll. The following were: Present: Mayor (Acting) Karen Liebrecht, and Council members Don Myers, Ryann Leonard, Mike Norman and David Curnel. PLEDGE OF ALLEGIANCE: Police Chief Kevin Fuhr, led the Council in the pledge of allegiance. SUMMARY REPORTS: MAYOR'S REPORTS Moses Lake Business Association (MLBA) Presentation Executive Director, Michaelle Boetger of the Moses Lake Business Association (MLBA) gave a presentation to Council in regards to the mission and functions of the MLBA. MLBA is part of Washington State's Main Street program and any donations given directly to the MLBA would result in a Business and Occupation Tax Credit. Council member Myers would like City Staff to look into donating funds to the MLBA as part of their Main Street Program and open discussions with the MLBA director to get this started. ADDITIONAL BUSINESS -None CITY MANAGER'S REPORTS Appoint City Staff to Grant County Economic Development Council Board The Grant County Economic Development Council (GC EDC) Board of Directors is looking to fill a vacant seat on their Board with a representative from the City of Moses Lake. Due to the nature of discussion of growth and management in the Grant County area and current relationship with the GC EDC, City Manager John Williams thought it would be prudent to request Deputy City Manager Gilbert Alvarado represent Moses Lake on the GC EDC Board of Directors. Action Taken: Council member Leonard motioned to appoint Deputy City Manager Gilbert Alvarado to the Grant County Economic Development Council Board of Directors as a representative from the City of Moses Lake, seconded by Council member Norman, and passed unanimously. Wastewater Treatment Plant Outstanding Performance Award -Dept. of Ecology Lyn Doremus, Department of Ecology -Water Quality Division, presented to the City of Moses Lake's Wastewater Division the "Wastewater Treatment Plant Outstanding Performance" award to the Larson and Sand Dunes treatment plants for 2016. The City's Wastewater Division was recognized for their excellent service to the community and the waters of Washington State. u u u CITY COUNCIL MINUTES -October 24, 2017 Citizen Recognition Award -Moses Lake Police Department Police Chief Kevin Fuhr, presented the Citizen's Public Safety Award to Juan C. Pineda for his assistance in apprehending a fugitive along with a Moses Lake Police Officer. His quick thinking and willingness to help was greatly appreciated and deserved recognition. CITIZEN'S COMMUNICATIONS-None CONSENT AGENDA a. Minutes: The minutes of the October 10, 2017 meeting were presented for approval. b. 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 the Civic Center. As of October 24, 2017 the Council does approve for payment claims in the amount of $335,090.60; claim checks in the amount of $1,555,868.51; and payroll in the amount of $323,973.64. c. Request to Accept Well 20 Pumphouse Project -2017 d. POW Contracting, Inc. has completed work on the Well 20 Pumphouse Project - 2017. The work should be accepted and the 60 day lien period entered into. Resolution -Accept Street and Utility Improvements -Beachcomber Short Plat A resolution was presented which accepts street and utility improvements constructed to serve the Beachcomber Short Plat. Action Taken: Council member Curnel moved to accept the consent agenda as presented, seconded by Council member Myers, and passed unanimously. PUBLIC HEARING #2 Ordinance -Vacate Right-of-Way -Fig & Commercial Street -Mann & Eilers An ordinance was presented which vacates (10') ten feet of right-of-way (ROW) on Fig Street and (10') ten feet on the northeasterly portion of Commercial Street, Lot 2 Penhallurick Addition, adjacent to parcel # 110780000, 630 E. Broadway Ave. Public utilities and municipal departments were notified and have provided comment as part of the record. The public hearing was opened. Public Input: Larry Angell, 249 N. Elder St., Columbia NW Engineering, Moses Lake, WA Mr. Angell spoke on behalf of the proponent, Mr. Gary Mann regarding the request to vacate (1 O') ten feet of right-of-way on Fig and Commercial Streets. Mr. Angell asks Council to consider approving this ordinance. Public hearing was closed. This was a 1st presentation of the ordinance, no action taken. pg.2 CITY COUNCIL MINUTES -October 24. 2017 U OLD BUSINESS u u #3 Ordinance -Vacate Right-of-Way -Fig & Commercial Street -Beck An ordinance was presented which vacates the right-of-way on Fig Street and the southeasterly side of Commercial Street, Lot 3 Penhallurick Addition, adjacent to parcel #110784000. Public utilities and municipal departments were notified and have provided comment as part of the record. Ordinance No. 2874 vacating a portion of right-of-way was read by title only. Action taken: Council member Leonard moved to adopt Ordinance No. 287 4 as presented, seconded by Council member Curnel, and passed unanimously. #4 Ordinance -Cascade Natural Gas Franchise <Tabled) Action taken: Council member Curnel motioned to remove the ordinance from the table for discussion, seconded by Council member Leonard, and passed unanimously. An ordinance was presented which would allow the City of Moses Lake to grant Cascade Natural Gas Corporation, a Washington corporation, its successors, grantees, and assigns, the nonexclusive right, privilege, authority and franchise to construct, operate, maintain, remove, replace, and repair existing pipeline facilities, together with equipment and appurtenances thereto, for the transportation and distribution of natural gas products and byproducts within and through the City of Moses Lake. Ordinance No. 2872 Cascade Natural Gas Franchise Agreement was read by title only. City Attorney, Katherine Kenison informed Council of the changes made to Section 15 -Insurance and Bond Requirements. Those changes met our insurance carrier requirements and both parties (City of Moses Lake and Cascade Natural Gas Company) are now satisfied with the amended language. Considerable discussion by the Council. Action Taken: Councilmember Norman moved to adopt Ordinance No. 2872 as presented, seconded by Council member Myers, and passed unanimously. #5 Ordinance-Amend MLMC 12.36-Park Regulations An ordinance was presented which would provide more effective enforcement and voluntary compliance. The current park regulations ordinance was adopted in 2005 and does not currently meet the needs of the City. Presented tonight is an ordinance which repeals and replaces the current MLMC Chapter 12.36. The new ordinance carries forward the existing regulations and adds some additional provision which will enable staff to better protect the City parks and provide for enforcement of violations. Public Input: GC Commissioner Tom Taylor, Ephrata, WA-Commissioner Taylor understands the City's role in reducing vandalism in city parks with the new park regulations but has concerns that homeless advocacy groups would not be able to reach out to the homeless who have set up in city parks. He would like to see an exception made in the ordinance for homeless advocacy groups allowed to enter city parks at any time to offer assistance to the homeless. He would also like to see that the homeless are not criminalized with the new park regulations, due to the added burden of transporting the homeless to the Grant County Jail. Tim Cloyd, 617 N. Swan Lane, Moses Lake -Mr. Cloyd is the director of Serve Moses Lake and a member of the Grant County Homeless Task Force. He is concerned that the new park rules would ban people and punish trespassers. Criminalization of the homeless is unacceptable and we must offer a viable option to help the homeless in this community. He would like Council to delay their decision in pg.3 u CITY COUNCIL MINUTES -October 24. 1017 accepting this ordinance and start a conversation with community leaders to find a solution to help the homeless. Gail Goodwin, Grant Integrated Services 840 E. Plum, Moses Lake-Council member Leonard asked if the mobile outreach is available in the middle of the night. Ms. Goodwin responded; the mobile outreach team has flexible hours. They could be out at 3 pm to midnight at different days of the week. Suzi Fode, New Hope Domestic Violence & Sexual Assault Services, 311 W. Third Ave., Moses Lake - Ms. Fode has concerns for those individuals who are fleeing from domestic abuse who make seek shelter in the city parks before shelters are available to them. Ms. Fode wouldn't want to see them arrested if the new park rules are in place. Police Chief Kevin Fuhr -Park closures are not uncommon in cities. Many cities have curfew hours posted to curb vandalism and any other illegal activities. The warming center is open for 3 months - December, January, and February for the homeless and he hopes to see a solution by keeping the shelter open for several more months. If opened November through March, this would definitely keep them warm at night and out of the parks. Chief Fuhr informed Council if there were domestic violence victims needing shelter, the Moses Lake Police Department could assist them in finding shelter or put them up in a hotel room. After considerable discussion by Council, it was determined that if any group or agency requesting to reach the homeless in city parks at various times of the day, must notify the City Manager's office of their intent. This request would fall under Moses Lake Municipal Code 12.36.060 Special Use Areas. It is under the City Manager's discretion to allow those advocacy groups to enter the parks after hours. Action taken: Council member Norman moved to adopt Ordinance No. 2875 as presented, seconded U by Council member Curnel, and passed unanimously. u NEW BUSINESS #6 Request Authorization to Operate Mobile Concession White Bikes, LLC is requesting authorization to rent stand up paddle boards, kayaks and bicycles in city parks with a mobile unit. The Parks and Recreation Commission voted unanimously to recommend the City Council approve this request. Public Input: Troy White, 1116 S. Evergreen, Moses Lake -Mr. White described to council the equipment available to rent, locations of the mobile concession, hours, and days of the week for operation. He received an endorsement from the Parks and Recreation Commission for this endeavor. Considerable discussion by Council. Public Input: Pamela Curnel, 4020 Lakeshore Dr., Moses Lake -Ms. Curnel supports White Bikes, LLC to operate a mobile concession. Ms. Curnel believes this great endeavor would provide extracurricular activities to our youth and encourage tourism. She also stated that those who do not own a water craft, this would be an ideal alternative. Action taken: Council member Leonard motioned to direct staff to create a concession agreement with all the necessary insurance requirements in place, legal review, and allow the City Manager to execute the agreement when completed, seconded by Council member Curnel, and passed unanimously. pg.4 CITY COUNCIL MINUTES -October 24. 201 7 #7 Ordinances-Amend MLMC Title 5 Business License The City's Finance Department amended several chapters to the Moses Lake Municipal Code Title 5 Business License to provide clarification and simplification of the business license application process and related fees. Four (4) ordinances were presented to council to amend. Considerable discussion by Council. 1 st presentation of the ordinances, no action taken. ADMINISTRATIVE REPORTS Lakeland Drive Traffic Impact -Update Deputy City Manager, Gil Alvarado informed Council discussion was held in regards to the traffic impact on Nelson, HWY 17, and Lakeland Dr. Development in that area was reviewed and one of the SEPA determinations required was improvements needed to be made to the Nelson/HWY 17 intersection. It was thought that a right turn only lane on Nelson Rd onto HWY 17 was needed but after several discussions with different agencies, it was decided no action was needed in creating a right turn only lane. No lanes were taken away and no lanes added to the intersection. Brian Thoreson, Hayden Homes, Redmond, Oregon -Mr. Thoreson thanked Council and staff for all the work they had done in getting the improvements done on Nelson Road and verified the right turn only lane from Nelson to HWY 17 was no longer needed. He appreciated everyone's help. WCIA Audit Results -Moses Lake Police Department Deputy City Manager, Gil Alvarado met with WCIA Risk Management team and we received a positive report regarding the audit of the Moses Lake Police Department. It was noted from WCIA, they have seen a vast improvement within the last 2 years in risk management efforts by the City of Moses Lake. Kittelson Road Street Maintenance Update City Manager, John Williams informed Council he is still trying to contact DNR and resolve the matter regarding the Kittelson Road street maintenance with no results. Mr. Williams will now reach out to our state legislators for assistance in this matter and get this resolved. COUNCIL COMMUNICATIONS AND REPORTS -None EXECUTIVE SESSION -None ADJOURNMENT: The regular meeting was adjourned at 8:41 pm. ATTEST pg. 5