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2017 11 14 MOSES LAKE CITY COUNCIL November 14, 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: Council member Norman, led the Council in the pledge of allegiance. SUMMARY REPORTS: MAYOR’S REPORTS - None ADDITIONAL BUSINESS Grant County Sheriff’s Department – Emergency Management Task Force Committee City Manager, John Williams informed Council since the Sheriff’s Department took over the responsibility of Emergency Management for Grant County, they have decided to create a Board of representatives from the county to serve and develop by-laws for this committee. Council member Ryann Leonard was asked to serve and she has expressed her desire to do so. Action taken: Mayor Liebrecht moved to appoint Council member Leonard to the Grant County Sheriff’s Department Emergency Management Task Force Committee as a representative of the Moses Lake City Council, seconded by Council member Norman, and passed unanimously. CITY MANAGER’S REPORTS New Employee Introduction – Moses Lake Police Department Police Chief Kevin Fuhr introduced Moses Lake Police Department new police officer, Chuck Paul to the Council. Moses Lake High School Civics Class – Presentation to Council Moses Lake High School Civics Class under the direction of Ms. Gaynor Edwards, presented to Council parking and pedestrian crosswalk issues at Moses Lake High School located on Sharon Avenue. Brandon Hansen, Drayke Mooney, Emilee Barker, Elijah Fenton, and Trevor Fuller each gave a short explanation of the problem and possible solutions to resolve the parking and pedestrian crosswalk issues at the high school. Council congratulated the civics’ class on their presentation and requested City Staff to contact and meet with the class to help resolve the issue. Holiday Schedule – Council Meetings for 2017 & 2018 City Manager, John Williams asked Council if they would like to move December 26th council meeting to December 21, 2017 due to the holiday. Action taken: Council member Leonard moved to have December 26th council meeting rescheduled to Thursday, December 21st at 5:30 pm, seconded by Council member CITY COUNCIL MINUTES – Nov. 14, 2017 pg. 2 Norman, and passed unanimously. Mr. Williams also mentioned in 2018, Christmas falls on the fourth Tuesday of the month, another Council meeting date. City staff published a 2018 calendar for Council’s review and it was suggested that the last council meeting of the month should be rescheduled to Thursday, December 20, 2018. Action taken: Council member Leonard motion to have the last council meeting of 2018 on Thursday, December 20, 2018 as published, seconded by Council member Curnel, and passed unanimously. CITIZEN’S COMMUNICATIONS Public Input: Charlene Winzler – Winzler Licensing, 1312 W. Broadway, Moses Lake Ms. Charlene Winzler addressed the council with a concern of improper mapping of the City limits when one is paying for their vehicle license tab. Some county residents are being charged $20.00 vehicle license fee for the Moses Lake Transportation Benefit District (TBD) when this should only be applied to residents living within city limits. The Department of Licensing has their own mapping system of Moses Lake, one not collected by the City of Moses Lake. After considerable discussion, City Manager, John Williams informed Council that the Finance Director has been in contact with the Dept. of Licensing and the Dept. of Revenue in correcting the mapping situation and offering a reimbursement to those who were improperly charged. After a county resident has paid their tab fee and if they were charged incorrectly for the TBD, they can go to the Utilities Department in the Civic Center with their receipt and complete a reimbursement request form. The City in turn will notify the state of the improper coding. With the passing of the TBD Proposition, effective April 2018, the $20.00 vehicle license fee will cease. Public Input: Elisia Dalluge – Moses Lake, WA Ms. Dalluge thanked Council and the public for their support and contributions to the Road Brothers fundraiser held last November 11th. CONSENT AGENDA #1 a. Minutes: The minutes of the October 24, 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 $1,175,327.64; prepaid claim checks in the amount of $68,145.50, $335.19, $32,223.72, and $29.74; claim checks in the amount of $1,032,205.45; and payroll in the amount of $2,837.25 and $328,378.32. CITY COUNCIL MINUTES – Nov. 14, 2017 pg. 3 c. Resolution – City Employee Authorized to Sign Checks A resolution was presented updating the list of employees who are authorized to sign checks on behalf of the City of Moses Lake. d. Resolution – Accept Street and Utility Improvements – Sonico MP A resolution was presented which accepts street and utility improvements constructed for the Sonico Major Plat with the condition that the subdivision maintenance bond is in place. e. Resolution – Accept Street and Utility Improvements – Leah MP A resolution was presented which accepts street and utility improvements constructed for the Leah Major Plat with the condition that the subdivision maintenance bond is in place. f. Resolution – Accept Street and Utility Improvements – Barrington Point 3A MP A resolution was presented which accepts street and utility improvements constructed for the Barrington Point 3 A Major Plat with the condition that the subdivision maintenance bond is in place. Council member Curnel questioned the payment for long distance fees, utility bills, Consolidated Disposal, GC Solid Waste, and for the Redflex Cameras. City staff explained the long distance fees are from analog phones and fax machines still being used in city departments. City Manager John Williams will do some research to find out what lines have long distance calls. As for Consolidated Disposal, that fee is for the transfer station and transport to the land fill. The fee paid to GC Solid Waste is for the tipping fee at the land fill. Chief Fuhr explained with 5 Redflex Cameras in the city, viewing and processing violations and collecting payments, Redflex charges the city for those services. Action Taken: Council member Curnel moved to accept the consent agenda as presented, seconded by Council member Leonard, and passed unanimously. PUBLIC HEARING #2 Ordinance – 2018 Budget and Fee Schedule An ordinance adopting the 2018 budget and proposed fee schedule was presented. There was considerable discussion regarding the budget and fee schedule. Mayor Liebrecht opened the public hearing to take testimony from the public in regards to this matter. No public input, hearing closed. 1st Presentation of the 2018 Budget and Fee Schedule. No action taken. #3 Resolution – 2018 Property Tax Levy A resolution was presented to fix the estimated amount to be received by the City from property taxes and sets the tax levy rate. CITY COUNCIL MINUTES – Nov. 14, 2017 pg. 4 The resolution fixing and levying the amount of ad valorem taxes to discharge the expected expenses and obligations for the 2018 Budget for the City of Moses Lake, Washington was read by title only. Mayor Liebrecht opened the public hearing to take testimony from the public in regards to this matter. No comment from the public, hearing closed. Action taken: Council member Curnel moved to adopt Resolution No. 3710 as presented, seconded by Council member Leonard, and passed unanimously. OLD BUSINESS #4 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. An ordinance vacating a portion of right-of-way was read in its entirety. Action taken: Council member Norman moved to adopt Ordinance No. 2876 as presented, seconded by Council member Leonard, and passed unanimously. #5 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. An ordinance amending section 5.04.100 of the Moses Lake Municipal Code titled “Payment of Fee – Time Limit” was read in its entirety. Action taken: Council member Leonard moved to adopt Ordinance No. 2877 as presented, seconded by Council member Norman, and passed unanimously. An ordinance amending section 5.07.020 of the Moses Lake Municipal Code titled “Definitions” and section 5.07.060 of the Moses Lake Municipal Code titled “Fees” was read in its entirety. Action taken: Council member Leonard moved to adopt Ordinance No. 2878 as presented, seconded by Council member Curnel, and passed unanimously. An ordinance amending section 5.22.020 of the Moses Lake Municipal Code titled “Application and Fee” was read in its entirety. Action taken: Mayor Liebrecht moved to adopt Ordinance No. 2879 as presented, seconded by Council member Leonard, and passed unanimously. An ordinance amending section 5.40.120 of the Moses Lake Municipal Code titled “Identification Costs of Screening” was read in its entirety. Action taken: Council member Curnel moved to adopt Ordinance No. 2880 as presented, seconded by Council member Leonard, and passed unanimously. CITY COUNCIL MINUTES – Nov. 14, 2017 pg. 5 NEW BUSINESS #6 Request Deferral/Deviation – McKean Preliminary Short Plat Columbia NW Engineering on behalf of property owners, Jeromy and Rosario McKean, is requesting from council a deferral for street, utilities, and landscaping requirements on their property located at 1048 W. Virginia Street. The proposed preliminary plat is located at the end of the unimproved Luta and Virginia Streets. At this time, it would not be advantageous to improve just a portion of those roadway frontages, but to defer those improvements through a covenant for future participation, when the City deems feasible to construct the improvements. Public Input: Wayne Ostler, Columbia NW Engineering, 249 Elder St., Moses Lake, WA – Mr. Ostler on behalf of the owners, requested from council approval to grant the request so they can move forward with the final plat review and recordation. Considerable discussion among staff and Council. Action taken: Council member Curnel moved to approve the deferral with a covenant for future participation when the subject improvements are constructed, as recommended by the Planning Commission, seconded by Council member Norman, and passed unanimously. #7 Request to Connect to City Water/Sewer Service – 3357 Westshore Dr NE Fred Snoderly, Municipal Services Director, stated that property owner, Carlston Burton has requested permission to connect his lot located at 3357 Westshore Dr NE to the City’s sewer and water system without annexing the property to the City. The property is located outside of the City limits, but inside the UGA and more than one-half mile from city limits. If approved, an Extra Territorial Utility Agreement would be required. Action taken: Council member Leonard moved that the request to connect to City utilities be granted with the stipulation that an Extra Territorial Utility Agreement be required, seconded by Council member Norman, and passed unanimously. #8 Resolution – Nuisance Abatement Costs – 1111 N. Evelyn Dr A resolution was presented which affirms the Council’s prior authorization to staff to collect the funds expended for the nuisance abatement at 1111 N. Evelyn Dr. The resolution establishing the billing to be imposed against Diversified Holdings, LLC as the owner of certain real property upon which the City caused abatement of a nuisance to be performed after a failure of the property owner to abate the same was read by title only. Action Taken: Council member Norman moved that Resolution No. 3711 be adopted, seconded by Council member Curnel, and passed unanimously. #9 Resolution – Nuisance Abatement Costs – 814 S. Fairbanks Dr A resolution was presented which affirms the Council’s prior authorization to staff to collect the funds expended for the nuisance abatement at 814 S. Fairbanks Dr. The resolution establishing the billing to be imposed against Mark Janke as the owner of certain real property upon which the City caused abatement of a nuisance to be performed after a failure of the CITY COUNCIL MINUTES – Nov. 14, 2017 pg. 6 property owner to abate the same was read by title only. Action Taken: Council member Curnel moved that Resolution No. 3712 be adopted, seconded by Council member Leonard, and passed unanimously. #10 Resolution – Nuisance Abatement Costs – 9972 Sunny Dr NE A resolution was presented which affirms the Council’s prior authorization to staff to collect the funds expended for the nuisance abatement at 9972 NE Sunny Dr. The resolution establishing the billing to be imposed against Roland and Anastacia Huff as the owners of certain real property upon which the City caused abatement of a nuisance to be performed after a failure of the property owner to abate the same was read by title only. Action Taken: Council member Leonard moved that Resolution No. 3713 be adopted, seconded by Council member Curnel, and passed unanimously. ADMINISTRATIVE REPORTS November 7th Election and Certification City Manager, John Williams reiterated the election results with the Council. Certifications of the election results will be done on November 28th by the Grant County Elections Department. Once the certifications have been completed, oaths can be taken and signed by the newly elected council members, in which those will be returned to the GC Elections department for recording. On December 12th the two newly elected officials for Position No. 1 & 4 can be sworn in and assume their seats for the last two meetings in December. In January 2018, Council will choose their Mayor and Deputy Mayor. This was a brief legislative agenda for Council as we are now coming to an end for 2017 and what will occur in the beginning of 2018. 2018 Budget City Manager, John Williams reminded council that he will be absent at the next council meeting on November 28th. Deputy City Manager, Gilbert Alvarado will be present to oversee the 2nd public hearing and possible adoption of the 2018 Budget. COUNCIL COMMUNICATIONS AND REPORTS - None EXECUTIVE SESSION The regular meeting was recessed at 8:28 p.m. and the Council met in a 15 minute executive session with the City Attorney under RCW 42.30.110 (i) – To discuss with legal counsel representing the agency potential litigation At 8:42 p.m. the Council requested an additional 10 minute Executive Session The executive session was adjourned at 8:43 p.m. and the regular meeting was reconvened. Ordinance – Repealing MLMC Chapter 16.56 Undergrounding of Utilities The City Council declared a public emergency adoption of this ordinance for the protection of public health, safety, property, or peace and has passed this ordinance on a single reading with a majority plus one of the whole membership of the Council voting in favor of passage with the ordinance taking effect immediately upon passage. An ordinance repealing chapter 16.56 in its entirety of the Moses Lake Municipal Code titled CITY COUNCIL MINUTES – Nov. 14, 2017 pg. 7 “Undergrounding of Utilities” was read by title only. Action taken: Council member Leonard motioned to adopt this ordinance as presented, seconded by Council member Myers, and passed unanimously. Ordinance – Amending MLMC 12.16 Street and Utility Construction Permits The City Council declared a public emergency adoption of this ordinance for the protection of public health, safety, property, or peace and has passed this ordinance on a single reading with a majority plus one of the whole membership of the Council voting in favor of passage with the ordinance taking effect immediately upon passage. An ordinance amending section 12.16.040 of the Moses Lake Municipal Code title “Inspection Fees” was read by title only. Action taken: Council member Curnel moved to adopt this ordinance in a single reading as presented, seconded by Council member Norman, and passed unanimously. ADJOURNMENT: The regular meeting was adjourned at 8:51 pm. _________________________ Karen Liebrecht, Mayor (Acting) ATTEST ____________________________________ Cindy Jensen, Finance Director