City of Ocean Shores Regular City Council Meeting

Transcription

1 Agenda City of Ocean Shores Regular City Council Meeting Monday April 28, :00 PM Ocean Shores Convention Center 120 W Chance A La Mer Ocean Shores, Washington Page Call to Order Roll Call Pledge of Allegiance Approval of Meeting Agenda Ceremonies and Proclamations Public Communication to Council Announcements 1. Board and Committee Vacancies Five member and two alternate vacancies on the Building Code Board of Appeals, three vacancies on the Parks Board, and one vacancy on the Planning Commission. 2. City Council Study Session - Monday, May 12, 2014 at 2:00 p.m. Abatements Retail Marijuana Appointments Other Reports Staff Report Executive Session Consent Agenda Approval of minutes for the Regular City Council Meeting on April 14, Page 1 of 18

2 Page 4. Approval of Claims. Old Council Business New Council Business 7 5. Public Hearing A Public Hearing before the City Council of the City of Ocean Shores, Washington to receive public comment on the proposed private sale of surplus composting equipment, originally acquired for the sewer utility, to another governmental entity. Presentation by Nick Bird Public Comment Resolution A Resolution of the City Council of the City of Ocean Shores, Washington, approving a private sale of surplus property in accordance with the provisions of RCW Presented by Nick Bird Council Questions Public Comment Council Action Council Reports Mayor's Report Future Agenda Item Suggestions 7. Agenda Review: Friday, May 2, 2014 at 10:00 a.m. Future Meeting Topics: Convention Center Update. Abatements and Abatement Fines. Firebreak. Marina. Agenda Review Process. Adjourn Page 2 of 18

3 REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2014 Call to Order: Mayor Dingler called the Regular City Council Meeting to order at 6:02 p.m., at the Ocean Shores Convention Center. The recorded meeting may be accessed on the City website or viewed on cable Channel 68 Tuesday and Friday at 7:00 p.m. Elected Officials present: Mayor Dingler and Councilmembers Lynn, Schroeder, Overton, Hill, Scott, and Broadbent. Elected Officials absent: Councilmember Farra City Staff present: Police Chief Mike Styner, Finance Director Steve Ensley, Public Works Director Nick Bird, Administrative Assistant Courtney Beebe, and City Clerk Rachel Carl. Others present: Planning Commission Vice-Chair Jerry Mergler. Roll Call: City Clerk Carl called roll. Mayor Dingler announced that Councilmember Farra was unable to attend tonight s meeting due to an illness in her family. Recording #00:00:26 - Councilmember Scott made a motion that Councilmember Farra be excused. Councilmember Hill seconded the motion. The motion passed unanimously. Pledge of Allegiance: Meeting Agenda Approval: Councilmember Scott led the Pledge of Allegiance. Recording #00:01:32 - Councilmember Scott made a motion for approval of the meeting agenda. Councilmember Broadbent seconded the motion. Recording #00:01:37 - Councilmember Schroeder made a motion to amend the agenda to discuss the hospital tax district that is coming about. Council and Staff discussed the petition and referendum status and whether there should be Council discussion on this item. Councilmember Scott seconded the motion. The amendment failed with four no votes and two yes votes by Councilmembers Schroeder and Scott. The motion passed unanimously. Ceremonies and Proclamations: Public Communication: Announcements: Appointments: Other Reports: Mayor Dingler proclaimed the week of April 20, 2014 through April 27, 2014 Shorebird Spring Migration Week of Grays Harbor. Walter Weed commented on 2014 rainfall. Mayor Dingler announced that there are five member and two alternate vacancies on the Building Code Board of Appeals and three vacancies on the Park Board. None. None Regular Meeting Page 1 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 3 of 18

4 REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2014 Staff Report: Finance Director Steve Ensley gave a report on the April 10, 2014 refinance of the Convention Center bonds and new debt schedule. Executive Session: Mayor Dingler recessed the Regular City Council Meeting at 6:18 p.m. to convene into Executive Session to discuss the minimum price at which real estate will be offered for sale or lease, RCW (1) (c), and to discuss with legal counsel ongoing litigation and potential litigation to which the agency is likely to become a party, RCW (1) (i). The Executive Session will last approximately ten minutes. Mayor Dingler convened the Executive Session at 6:19 p.m. Mayor Dingler adjourned the Executive Session and reconvened the Regular City Council Meeting at 6:29 p.m. There was no Council action taken. Consent Agenda: Councilmember Lynn made a motion for approval of the Consent Agenda. Councilmember Scott seconded the motion. The motion passed unanimously. The Consent Agenda included: 1. Approval of minutes for the March 24, 2014 Regular City Council Meeting. 2. Approval of Claim Warrants # through # in the amount of $171, dated April Approval of Treasurer Checks #12465 through #12475 in the amount of $9, dated March and April Approval of Payroll Warrants # through # plus 69 ACH checks in the amount of $147, dated the 7th day of April Approval of Accounts Payable Warrants # through # in the amount of $208, dated March and April Old Council Business: New Council Business: Ordinance: RV Camping None. An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Title 15 Buildings and Construction, Chapter Temporary Housing at Sections Recreational Vehicle Defined Living Quarters During Construction, Violation-Penalties, and adding Section Recreational Vehicle Use as Temporary Living Quarters on a Developed Lot-Conditions, and amending Title 17 Zoning at Chapter R-1 Zone-Single Family Residential, Section Permitted Uses, and at Chapter Miscellaneous Provisions, Section Transient Rentals. Planning Commission Vice-Chair Jerry Mergler gave the first reading of the Ordinance by title. Council questioned if any other Washington cities were allowing camping in RVs on developed lots. There was public comment regarding the transient rental language Regular Meeting Page 2 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 4 of 18

5 REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2014 New Council Business continued: Resolution No.711: Comprehensive Plan 2014 Economic Development Update There was Council discussion regarding the ten-day limit per visit; the thirty-day limit per year; and in opposition to camping within the City limits. A Resolution of the City Council of the City of Ocean Shores, Washington, adopting the April 2014 Economic Development update into the City s Comprehensive Plan. Planning Commission Vice-Chair Jerry Mergler presented the Resolution. There were no Council questions. There was no public comment. Recording #00:12:58 - Councilmember Overton made a motion that we approve the Resolution of the City Council of the City of Ocean Shores, Washington, adopting the April 2014 Economic Development update into the City s Comprehensive Plan. Councilmember Schroeder seconded the motion. The motion passed with five yes votes and one abstention by Councilmember Hill. Resolution No.712: City of Elma Interlocal Agreement Amendment 1 A Resolution of the City Council of the City of Ocean Shores, Washington, authorizing the Mayor to sign an amendment to the Inter-Local Agreement between the City of Ocean Shores and the City of Elma setting forth the terms under which the Cities will temporarily share a building inspector. Mayor Dingler presented the Resolution. There were no Council questions. There was no public comment. Recording #00:16:51 - Councilmember Broadbent made a motion to accept the Resolution as written. Councilmember Scott seconded the motion. The motion passed unanimously. Request: Agreement with Grays Harbor County for a Loaned Employee A Request of the City Council of the City of Ocean Shores, Washington, to authorize the Mayor to negotiate and sign a Loaned Employee Agreement with Grays Harbor County to use one of their Building Inspectors for up to 20 hours per week through June 30, Mayor Dingler presented the request. Council discussed knowing the cost before signing the agreement and setting a not-to-exceed amount at $360 per day. There was no public comment. Recording #00:21:13 - Councilmember Scott made a motion that we authorize the Mayor to negotiate and sign a Loaned Employee Agreement with Grays Harbor County for the use of one of their building inspectors not to exceed $360 per day and not to be more than 20 hours per week. Councilmember Overton seconded the motion. The motion passed unanimously Regular Meeting Page 3 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 5 of 18

6 REGULAR CITY COUNCIL MEETING MINUTES APRIL 14, 2014 Council Reports: Councilmember Overton reported held Coffee Talk; attended the Fresh Waterways Advisory Board Meeting; the FWAB is working on tree removal in the waterways, the Name the Canal contest; and Duck Lake was stocked with fish for the fishing derby. Councilmember Hill reported working with Mr. Simpson to start a familiarization tour again; there will also be hospitality training on April 28; and congratulated the Fire Department for their participation in the Stair Climb for charity. Councilmember Broadbent reported attending the Fresh Waterways Corporation meeting; there will be another fish plant before the fishing derby. Councilmember Lynn reported the Council of Governments met and discussed the Transportation Improvement Plan; on the April financial reports; Council Hour will be Thursday; attended a summer lunch program meeting at the Lions Club. Mayor s Report: Future Agenda Items: Mayor Dingler reported further information on the summer lunch program; announced former Fire Chief Jim Hodges passed away last week; the Fire Department assisted Ocean Shores Elementary School students with the Egg Drop; attended the Grays Harbor Community Foundation s 20 th Anniversary Dinner, the Associated Arts Show, the Quinault 2% Impact Fees meeting, the gate removal ceremony at the Villages, and the Library Open House; 17 new home permits and 16 clearing permits have been issued to date in 2014; the FAA will no longer be providing the annual grants for our airport because of the size of the airport; and Shoreline Master Planning is moving forward. Mayor Dingler announced that a May 12 Study Session has been set to discuss abatements. Councilmember Broadbent assigned Councilmembers Lynn and Hill to the Agenda Review on Thursday, April 17, Adjourn: Mayor Dingler adjourned the Regular City Council meeting at 7:17 p.m. Signed: Attest: Crystal L. Dingler, Mayor Rachel D. Carl, City Clerk Regular Meeting Page 4 of 4 3. Approval of minutes for the Regular City Council Meeting... Page 6 of 18

7 City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: April 28, 2014 SUBJECT: Proposed Private Sale of Surplus Composting Equipment CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION NEW BUSINESS CONSULTANT REPORT X PUBLIC HEARING ATTACHMENTS: None. SUMMARY/BACKGROUND: The City would like to sell the surplus composting equipment. The Clallam Bay Correctional Facility staff conducted an inspection of the equipment and wish to purchase the equipment for its full and true value of $20,000, as is where is with no guarantee of usefulness for any particular purpose. Clallam Bay would be responsible for demolition, loading, and transport of the equipment. RCW Lease or sale of land or property originally acquired for public utility purposes. Requires that whenever a city shall determine, by resolution of its legislative authority, that any lands, property, or equipment originally acquired for public utility purposes is surplus to the city's needs and is not required for providing continued public utility service, then such legislative authority by resolution and after a public hearing may cause such lands, property, or equipment to be leased, sold, or conveyed. Such resolution shall state the fair market value or the rent or consideration to be paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest. EXPENDITURE AMOUNT: $00.00 AMOUNT BUDGETED: BUDGET MODIFICATION REQUIRED: STAFF RECOMMENDATION: Hold Public Hearing to receive public comment on the proposed private sale of surplus composting equipment, originally acquired for the sewer utility, to another governmental entity. MAYOR S RECOMMENDATION: Hold Public Hearing to receive public comment on the proposed private sale of surplus composting equipment, originally acquired for the sewer utility, to another governmental entity. PRESENTED BY: Nick Bird (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 5. Public HearingA Public Hearing before the City Council of... Page 7 of 18

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9 City of Ocean Shores AGENDA BILL COUNCIL MEETING DATE: April 28, 2014 SUBJECT: Sale of surplus solids composting equipment CATEGORY: CONSENT AGENDA ORDINANCE STAFF REPORT PUBLIC COMMUNICATION X RESOLUTION PROCLAMATION OLD BUSINESS REQUEST STUDY SESSION X NEW BUSINESS CONSULTANT REPORT OTHER ATTACHMENTS: Resolution, Exhibit A (Surplus Items), & Draft Purchase Agreement SUMMARY/BACKGROUND: The City seeks Council approval to sell the surplus composting equipment. The Clallam Bay Correctional Facility staff conducted an inspection of the equipment and wish to purchase the equipment for its full and true value of $20,000. Clallam Bay is responsible for demolition, loading, and transport of the equipment. EXPENDITURE AMOUNT: $ AMOUNT BUDGETED: N/A BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: This is truly a win/win scenario in the fact that we are selling unused equipment to another political subdivision of the State that is excited about the purchase. MAYOR'S RECOMMENDATION: Approval PRESENTED BY: Nick Bird (BELOW TO BE COMPLETED BY CITY CLERK S OFFICE) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: updated 6. ResolutionA Resolution of the City Council of the City of... Page 9 of 18

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11 CITY OF OCEAN SHORES, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, APPROVING A PRIVATE SALE OF SURPLUS PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF RCW WHEREAS, the City has declared the sewer department equipment shown in Exhibit A as surplus to the City s needs in accordance with RCW 35A and RCW ; and WHEREAS, the City is authorized by RCW to sell, transfer, exchange, lease or otherwise dispose of property to the state or any municipality or any political subdivision thereof on such terms and conditions as may be mutually agreed upon; and WHEREAS, it is in the best public interest to dispose of unused miscellaneous equipment as it accumulates and prior to further deterioration; and WHEREAS, City staff has determined that the surplus property has a true and full present value of $20,000; and WHEREAS, Clallam Bay Corrections Center, a Washington State Department of Corrections facility, has agreed to purchase the surplus property for the true and full value; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ocean Shores that the Mayor or her designee is authorized, pursuant to Washington State Law, to transfer ownership of the property shown in Exhibit A from the City to Clallam Bay Corrections Center through execution of the Purchase Agreement attached hereto. PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at an open public meeting thereof on this 28th day of April ATTEST: Crystal L. Dingler, Mayor Rachel D. Carl, City Clerk Resolution No. 6. ResolutionA Resolution of the City Council of the City of... Page 11 of 18

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13 Exhibit A Decommissioned Compost Equipment 1. 3 Composting Vessels 4. Feed hopper 2. Mobile conveyor 5. Lift conveyor 3. Mobile mixer with scales 6. Trommel screen with 2 vibrators Resolution No. Exhibit A Page 1 of 3 6. ResolutionA Resolution of the City Council of the City of... Page 13 of 18

14 7. Finish product conveyor 10. Blower Control panel 8. Overs conveyor aeration blowers 9. Vessel control panel Resolution No. Exhibit A Page 2 of 3 6. ResolutionA Resolution of the City Council of the City of... Page 14 of 18

15 12. Spare parts on hand 15. SCADA computer with NT 13. O&M s, drawings and software 14. Associated pipe, probes and damper actuators Resolution No. Exhibit A Page 3 of 3 6. ResolutionA Resolution of the City Council of the City of... Page 15 of 18

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17 PURCHASE / SALES AGREEMENT This Agreement made and entered into on this day of April, 2014, by and between the City of Ocean Shores, a political subdivision of the State of Washington, (hereinafter referred to as the Seller ) and Clallam Bay Corrections Center, a political subdivision of the State of Washington (hereinafter referred to as the Buyer ). Buyer and Seller shall collectively be known herein as the Parties BACKGROUND WHEREAS, the Seller has equipment, listed and shown in Exhibit A, that has been decommissioned and deemed surplus to the City operations; and WHEREAS, the Seller is authorized by RCW to sell, transfer, exchange, lease or otherwise dispose of property to the state or any municipality or any political subdivision thereof on such terms and conditions as may be mutually agreed upon; and WHEREAS, the Buyer desires to purchase the equipment shown in Exhibit A ; and WHEREAS, the Seller desires to sell the said equipment, as is, where is, with no guarantee of usefulness for any particular purpose. TERMS AND CONDITIONS In consideration of the mutual promises and other valuable consideration exchanged by the Parties as set forth herein, the Parties, intending to be legally bound, hereby agree as follows: A. Description of Equipment. A written list and photographs of the equipment to be transferred is shown in Exhibit A. B. Consideration. The Parties have agreed that the combined value of the Equipment shown in Exhibit A has a true and full value of Twenty Thousand and 00/100 U.S. Dollars ($20,000.00). Payment shall be made within thirty (30) calendar days of the execution date of this agreement. C. Procurement of Equipment. a. The Buyer shall remove all fixed equipment, at the expense of the Buyer, prior to packaging equipment for transport. b. The Buyer shall package the equipment for transport at the expense of the Buyer. The Seller shall provide reasonable assistance in packaging the equipment as requested by the Buyer at no additional cost to the Buyer. c. The Buyer shall transport all equipment shown in Exhibit A to the Buyer s place of use at the expense of the Buyer. DRAFT - Purchase / Sales Agreement Page 1 of 2 6. ResolutionA Resolution of the City Council of the City of... Page 17 of 18

18 d. Removal and transport of the equipment shown in Exhibit A shall be completed within thirty (30) calendar days of the execution date of this agreement. D. Representation, Warranties, and Disclosures. a. Warranties. This equipment is sold AS IS, and Seller does not in any way, expressly or impliedly, give any warranties to Buyer. Seller expressly disclaims any implied warranties of merchantability or fitness for a particular purpose. b. Buyer Representation. The individual signing this agreement on behalf of Buyer hereby represents to Seller that he or she has the power and authority to do so on behalf of Buyer. E. Indemnification. Subject to any Washington constitutional limitations, the Parties agree to defend, save harmless, and indemnify the other from any liability to any third party arising solely out of the negligent acts of its officers, employees, or agents in the performance of this Agreement. F. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. G. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Grays Harbor County. IN WITNESS WHEREOF, the Seller and Buyer have executed this Agreement the day and year first above written. CITY OF OCEAN SHORES (SELLER) CLALLAM BAY CORRECTIONS CENTER (BUYER) Crystal L Dingler, Mayor Mike Obenland, Superintendent ATTEST: Rachel Carl, City Clerk APPROVED AS TO FORM: Brent Dille, City Attorney DRAFT - Purchase / Sales Agreement Page 2 of 2 6. ResolutionA Resolution of the City Council of the City of... Page 18 of 18