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HomeMy WebLinkAbout05/20/2003 Business Meeting 385 • CITY OF YAKIMA, WASHINGTON • BUSINESS MEETING OF THE CITY COUNCIL MAY 20, 2003 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Lynn Buchanan, Paul George, Larry Mattson, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella, and Acting City Clerk Watkins 2. INVOCATION /PLEDGE OF ALLEGIANCE Council Member Puccinelli gave an invocation followed by the Pledge of Allegiance led by Council Member Buchanan. • 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER /SPECIAL • PRESENTATION Bill Cook, Director of Community and Economic Development, explained that there appeared to be a misunderstanding in the community about the Growth Management Hearings Board and the Council's 2001 amendment process. At the Eastern Washington Growth Management Hearings Board meeting on April 25th the Board said there were two ways the City could come into compliance; 1) rescind the ordinance or 2) have Congdon go back through the process again. What they apparently didn't realize is that Congdon had applied to go back through the process for changes to the Comprehensive Plan Future Land Use Map. This process will take several months and will allow many opportunities for public comment. Kenneth Ray, Director of the Department of Corrections and Security for the County, gave credit to the Yakima City Police Department for their partnership in a program called Project Insight. This program brings high school students closer to the reality of street law. He had certificates honoring specific YPD personnel involved in the program. 4. CONSENT AGENDA Mayor Place referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Items Nos. 7 and 19 were added to the Consent Agenda and Items Nos. 11, 12, and 14 were removed. The Acting City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by 386 MAY 20, 2003 an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. APPROVAL OF MINUTES OF THE APRIL 29, 2003 ADJOURNED MEETING AND THE MAY 6, 2003 SPECIAL MEETING The minutes of the April 29, 2003 Adjourned Meeting and the May 6, 2003 Special Meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. AUDIENCE PARTICIPATION Vicki Wright, 8307 Viewcrest Way, asked for direction on a petition for obtaining sewer on 84 Avenue. She was directed to speak with Bruce Benson of the Planning Department. 6. PUBLIC HEARING TO CONSIDER UPDATES TO THE SIX -YEAR TRANSPORTATION IMPROVEMENT PLAN AND METROPOLITAN TRANSPORTATION PLAN AMENDMENTS Kay Adams, City Engineer, explained there will be a public hearing today and there will be the chance to make changes before the second public hearing scheduled for June 24, 2003. There was discussion on removing the median on Washington Avenue, adding curbs, gutters and sidewalks on Englewood Avenue, and the need for left hand turn lights at the intersection of Lincoln and 40 for both north and south bound traffic. • Mayor Place opened the Public Hearing No one came forward to speak. Mayor Place advised the public there will be another public hearing held on June 24 and items can be added at that time. She suggested people either contact Kay Adams in writing or attend the public hearing if they have any comments. • Mayor Place closed the Public Hearing *7. CONSIDERATION OF RESOLUTION INITIATING COTTONWOOD ANNEXATION ELECTION RESOLUTION NO. R- 2003 -72, A RESOLUTION initiating an annexation by the election method pursuant to RCW 35.13.015. 8. CONSIDERATION OF RESOLUTION AUTHORIZING APPROVAL OF REQUEST FOR TREE REMOVAL AT 24 CHICAGO AVENUE Shelley Willson, Streets/Traffic Operations Manager, described the large Sycamore tree located between 22 and 24 on Chicago Avenue and how badly it has heaved both the sidewalk and the street in the area. The arborist advised that the required street and sidewalk work will necessitate this tree be removed. Council Member George commented that the ordinance requiring City Council to act on tree removals seems like micromanaging. Because there is an arborist on 2 387 MAY 20, 2003 staff as well as experienced people that deal with trees, he recommends these decisions be left to the discretion of management. He favors an amendment to the tree ordinance that would transfer these decisions to the staff. Council Member Buchanan countered that the public has expressed an interest in these decisions in the past and he thinks we should allow the public the opportunity to hear what's going on. The Acting City Clerk read the resolution by title only; GEORGE MOVED AND BUCHANAN SECONDED TO REMOVE THE TREE. The motion carried by unanimous roll call vote. GEORGE MOVED AND PUCCINELLI SECONDED TO HAVE STAFF PREPARE LEGISLATION TO AMEND THE TREE ORDINANCE TO ALLOW CITY MANAGEMENT TO DEAL WITH TREE REMOVAL AND PLANTING. After discussion the question was called for a vote on the motion. The motion carried by a 5 -2 voice vote; Barnett and Buchanan voting nay. RESOLUTION NO. R- 2003 -73, A RESOLUTION authorizing the removal of one Sycamore tree located in the City right -of -way at 24 Chicago Avenue, Yakima, Washington. *9. CONSIDERATION OF REPORT FROM COUNCIL SIGN COMMITTEE REGARDING POSTING OF LAND USE SIGNS The Council Sign Committee proposed policy was adopted, copy attached. *10. CONSIDERATION OF REPORT AND LEGISLATION FROM THE FIRE DEPARTMENT AND PUBLIC SAFETY COMMITTEE REGARDING TRAINING OFFICER POSITION AND FIRE CADET PROGRAM A. CONSIDERATION OF RESOLUTION TO EXECUTE AN ADDENDUM TO THE 2001 -2003 COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 469 AS TO THE WAGES, HOURS, AND WORKING CONDITIONS FOR THE NEW POSITIONS RESOLUTION R- 2003 -74, A RESOLUTION authorizing and directing the City Manager of Yakima to execute an Addendum to the 2001 -2003 Collective Bargaining Agreement with the International Association of Firefighters Local 469 (Fire LEOFF), as to the wages, hours and working conditions of the new positions of Deputy Fire Marshal, Assistant Fire Marshal, Fire Training Supervisor, and Fire Training Assistant; and as to recruitment, testing, and selection of Fire Lieutenants and Fire Captains. B. CONSIDERATION OF ORDINANCE ADOPTING A CLASSIFICATION AND COMPENSATION PLAN EFFECTIVE JULY 1, 2003 ORDINANCE 2003 -28, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City-employees to be effective July 1, 2003; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and 2.20.110 F, all of the City of Yakima Municipal Code. 3 388 MAY 20, 2003 11. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH BERGER /ABAM FOR DESIGN SERVICES FOR RAILROAD GRADE SEPARATION PROJECT There was discussion on the economic impact, financial damage, to the businesses during and after construction. Kay Adams, City Engineer, assured Council that the City will follow the required Federal Acquisitions Act for this process. Harry Helliesen from Helliesen Lumber, 5301 Crest Drive, spoke "against the project in general due to the small amount of train traffic. He is very concerned about the potential impact to his business overall and during the two to three year construction period. Council Member Mattson advised that the studies will take 6 -18 months to complete and will be documenting any impacts that may occur and we are • probably 2 -4 years out before anything is actually built. James Carmody, Attorney representing Helliesen Lumber, requested assurance that the prior commitments of the Council to evaluate Mr. Helliesen's business not only during the period of construction but permanently be included in the analysis. Mr. Adams pointed out that until we can do 65 -70% of the design document we don't really know who is going to be impacted and to what extent. The intent of this contract is to put a boundary around the project to determine the impacts to the area. It was the consensus of Council to add "..and others as they are identified. "Under both 1 (acquisitions) and 2 (relocations) on page B -21. The Acting City Clerk read the resolution by title only; SIMS MOVED AND MATTSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION R- 2003 -75, A RESOLUTION directing the City Manager of the City of Yakima to execute an agreement with BERGER /ABAM Engineers, Inc., for engineering and consulting services related to a grade separation railroad project in the vicinity of B Street and Lincoln Avenue with Front Street. 12. CONSIDERATION OF RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING REQUESTS Bill Cobabe, Manager of Office of Neighborhood Development Services, said these items are on the agenda as the result of presentations made before the subcommittee who then recommended they be brought to the City Council for consideration. Council Member Buchanan said we theoretically get $1.5 million for CBDG money and in looking at this material there is only $227,000 left in the Economic Development Program out of CBDG and another area that has only $162,000. We have been taking bits and pieces away from the CBDG block grants based on what the Council Committee decides away from the public. There are increasing comments from the public on the east side that we have no handle on this money. The citizens are entitled to find out where the money is going. Mayor Place said that Mr. Cobabe will be bringing an outline of the process to Council in the next couple weeks. Discussion continued on the importance of defining an acceptable 4 • 389 MAY 20, 2003 process. Mr. Cobabe was requested to create and bring a general outline to Council and they will vote whether further information is needed to hold a study session on the subject. A. CHRISTA M ACADEMY The Acting City Clerk read the resolution by title only, BUCHANAN MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. Council Member Buchanan commented that by approving this we would be paying for this web site as well as the City's web site. Rosemary Small, 1006 South 25 Avenue, claimed excellent experience at web surfing and took the opportunity to question the webmaster on how they will gather information for the website and what will be the process for people to get their information included. She also asked how they would continue funding the website. Caleb Whitmore, 71 Greenmeadow Drive, explained the design and plans allowing different levels of access. In response to the funding question he said they do not want to do advertising but hope to receive future funding through donations and sponsorships. Glenn Blomgren, 480 South Fork Road, addressed concerns • regarding the lack of an ongoing funding plan. He said they at Christa McAuliffe Academy are willing to continue hosting the content and server at the school. He believes once the first year is launched there will be people and businesses who will step forward and underwrite the program without a problem. He said if that doesn't happen, the school will. Council Member Sims emphatically stated that businesses that do not have business plans fail. The question was called for a vote on the motion. The motion carried by 4 -3 roll call vote; Barnett, George, and Sims voting nay. RESOLUTION NO. R- 2003 -76, A RESOLUTION approving a $20,000 grant request from 2003 federal Community Development Block Grant (CDBG) funds to set up a community Website, for the purpose of making information on our community available on the Internet authorizing and directing the City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Everything Yakima.com. B. ALLIED ARTS — ARTSVAN AND MARIACHI Elizabeth Harris Miller, 5000 West Lincoln, gave an overview of the programs and the other grants they have been successful at receiving. Two citizens came forward questioning the CBDG distribution process and whether the monies were going to the target area. They were assured that although the majority of the participants are in the target area, we must remember these funds are intended to better a way of life for less advantaged people and we should think regionally. The Acting City Clerk read the resolution by title only; SIMS MOVED AND MATTSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call • vote; Buchanan voting nay. RESOLUTION R- 2003 -77, A RESOLUTION approving a $12,000 grant request from 2003 Federal Community Development Block Grant (CDBG) funds to Allied Arts to operate their Arts Van and Mariachi Initiative authorizing and directing the 5 390 MAY 20, 2003 City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and Allied Arts. *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ICMA RETIREMENT CORPORATION FOR ADMINISTRATIVE SERVICES RESOLUTION R- 2003 -78, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with the International City Management Association Retirement Corporation for administrative services for the deferred compensation plan of the City of Yakima. 14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH YAKIMA COUNTY FOR FINANCING SUNDOME IMPROVEMENTS Rita Anson, Director of Finance and Budget, reviewed the negotiations being conducted with Yakima County on an interlocal agreement for the issuance of bonds for financing SunDome improvements and an interlocal agreement regarding allocating savings resulting from the refunding of the 1988 and 1989 SunDome Construction Bonds. She said they are asking for the City Council's approval of the resolution which would give the City Manager the authority to make the final modifications and approval of the documents. Ms. Anson did clarify that if the County cannot provide us with their approval of the bond sale agreement today the bond sale date would have to be moved out. The Acting City Clerk read the resolution by title only; SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2003 -79, A RESOLUTION authorizing: (a) an Agreement with Yakima County regarding the allocation to the City of savings resulting from refunding of the 1988 and 1989 SunDome Construction Bonds, and (b) an Interlocal Agreement between the City and Yakima County regarding the issuance of SunDome Expansion Bonds by the City and the use of the related bond proceeds by the County. *15. CONSIDERATION OF RESOLUTION AUTHORIZING SOLE SOURCE PURCHASE OF SAFETYNET AUTOMATED RECORDS EXCHANGE SOFTWARE PROGRAM FROM HITECH SYSTEMS FOR THE POLICE DEPARTMENT RESOLUTION NO. R- 2003 -80, A RESOLUTION authorizing the City Manager to purchase SafetyNet Automated Records Exchange (SNARE) software program from Hitech Systems, Inc. to be used to enhance police officer safety and law enforcement operations for a purchase price not to exceed $95,000 (plus sales tax) as a sole source purchase without calling for bids, and further directing the City Manager to execute all appropriate and necessary documents to complete the purchase and transaction. *16. APPROVAL OF FINAL CONTRACT PAYMENTS FOR: A. 2002 GRIND AND OVERLAY REHABILITATION PROJECT 6 391 MAY 20, 2003 The report from the City Engineer with respect to the completion of the resurfacing work on Nob Hill Boulevard from the overpass to South 4th Avenue and Englewood Avenue, performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. SOUTH 9 STREET SUBDIVISION IMPROVEMENT PROJECT The report from the City Engineer with respect to the completion of the construction of new sanitary sewer, water mains, and street improvements within a new short subdivision located at South 9 Street and East Arlington Street, performed by Durands, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *17. SET DATE OF PUBLIC HEARING FOR JUNE 3, 2003 TO CONSIDER RIGHT- ' OF7WAY VACATION FOR KIWANIS PARK June 3, 2003 was set as the date for a closed record public hearing to consider the right -of -way vacation for Kiwanis Park, Petition No. 03 -01. • ORDINANCES 18. CONSIDERATION OF AN ORDINANCE RELATED TO PUBLIC SERVICES AND UTILITIES FOR THE CONVERSION OF THE GENERAL -308 IRRIGATION SYSTEM TO DOMESTIC IRRIGATION SERVICE. Dave Brown, Water and Irrigation Engineer, introduced the proposed ordinance to implement the May 6, 2003 decision to convert the General 308 Irrigation System to domestic water and to continue with the "pay -as- you -go" plan to convert the non -308 systems. He also explained revisions to the rates. In the General 308 Irrigation System the Capital Improvement Project charge is removed although the O &M charge will continue until the customer is converted. The non -308 system users will continue to pay the same O &M rate but their capital improvement charge has been increased to allow for the non -308 rebuild within a fifteen-year timeline as a pay -as- you -go. Also changed was how public hearings will be conducted in the future should the Council want to eliminate any other system from the irrigation utility. There has also been an addition of a surcharge, $9.63 every two months, that would fund the conversion process to all water customers. Another change is when a 308 customer is converted to domestic water, City staff will notify Utility Billing that they are no longer in the irrigation utility and their wastewater charges will be set up on the base rate. Phyllis Musgrove, 424 North 30 Avenue, suggested this might be the last chance Council has to change their minds about this issue. She admonished the Council saying they were voted in to represent the public and at the public hearings no one wanted to convert to domestic water yet they voted to convert. Claiming that the irrigation belongs to the people of this town, taking it away from them is like stealing it and then selling it back at a much higher rate. She challenged the Council that if they think the people in the city want to convert, put it up for a vote of the people rather than just the four people on Council who voted for it. She hopes the people in the 308 district bring forward a lawsuit if Council insists on going forward with this decision. • 7 392 MAY 20, 2003 Maud Scott of Southeast Yakima asked what could be a possible remedy for what 308 irrigation users perceive to be irreparable harm that is being done to them and their landscaping and, ultimately, to the entire community. What avenue of appeal is open to the citizens once this ordinance is passed? Do they have the right to petition or to referendum? City Attorney Paolella said that the Washington State Supreme Court has ruled that the City Council has authority to set rates and to establish, by policy decision, improvements to water systems. That is a delegation of authority from the State Legislature directly to the City Council and it does not provide for a referendum vote on such matters. Mrs. Scott referred to the "utility" designation that protects this decision claiming how convenient that the citizens allowed Council to talk them into doing their utility. She accused the City of going down a long and arduous path to gain control of water rights that were given to their land. She said she is not going to accept what she has heard today without looking further into it. Council Member Buchanan commented that the City seems to have enough money to handle a lawsuit noting that "... we're spending enough on lawsuits right now, we can add a couple more." Rosemary SmaII, asked for access to the specific authority on the Supreme Court issue, the specific law cited and specific cases, for her records. She also asked for whatever information the City has been provided regarding the citizens not having the right to object to the passage of this ordinance with a referendum. Mr. Paolella said he would supply her with the specific statutes and case law. Philip SmaII, 1006 South 25 Avenue, said he isn't a lawyer but understands common sense intent and setting rates would certainly be something the City wouldn't want to have to go through a referendum process on. But, this is a major structural change in the City of Yakima. He suggested if we look closely at the Supreme Court decision we will see that it applies to rate changes and not to an about -face in the way we deliver water to the citizens of Yakima. The Acting City Clerk read the ordinance by title only; GEORGE MOVED AND MATTSON SECONDED TO PASS THE ORDINANCE. Council Member Barnett pointed out that the fifth whereas on the first page of the ordinance says "The Manager of the Water and Irrigation Division made a recommendation to the Council regarding the utility." He said the Water Irrigation Division gave Council two options rather than a specific recommendation. BARNETT MOVED AND BUCHANAN SECONDED TO DELETE THE FIFTH WHEREAS. City Attorney Paolella assured Council it would be acceptable to eliminate the paragraph. Council Member Barnett also suggested that the eighth whereas that says "whereas certain considerations taken together favor use of the domestic water system" is factually incorrect. It was his opinion that customers will pay more with the conversion than with the rebuild option. BARNETT MOVED AND SIMS SECONDED TO DELETE THE EIGHTH WHEREAS. Mr. Paolella said that also would be acceptable. Council Member George felt it was a factual statement and didn't agree with removing it. After further discussion, the question was called for a vote on the two amendments to the motion. The first amendment, to eliminate the fifth whereas, carried by unanimous voice vote. The second amendment, to eliminate the eighth whereas, carried by 4 -3 voice vote; Place, Mattson, and George voting nay. The question was called for a vote on the amended motion. The motion carried by 4 -3 roll call vote; Buchanan, Sims, and Barnett voting nay. 8 393 MAY 20, 2003 ORDINANCE NO. 2003 -29, AN ORDINANCE relating to public services and utilities; terminating irrigation system service to the General 308 area; establishing new irrigation system customer classifications, amending charges for use of the irrigation system, and amending provisions regarding termination of service from the irrigation system under Chapter 7.24 of the City of Yakima Municipal Code; amending provisions for adjustment of wastewater charges to reflect use of domestic system water for irrigation purposes under Chapter 7.60 of the City of 'Yakima Municipal Code; imposing a surcharge for use of the domestic water system under Chapter 7.68 of the City of Yakima Municipal Code; amending Sections 7.24.010, 7.24.100, 7.24.110, 7.24.150, 7.24.160, 7.60.070, and 7.68.250 of the City of Yakima Municipal Code; establishing a new section 7.24.045 of the City of Yakima Municipal Code; and establishing an effective date. *19. CONSIDERATION OF LEGISLATION TO FINANCE ONGOING ODOR CASE LITIGATION: A. ORDINANCE ADJUSTING WASTEWATER RATES ORDINANCE NO. 2003 -30, AN ORDINANCE relating to wastewater rates, fees, and charges; adjusting various wastewater rates, fees, and charges; amending Sections 7.60.020, 7.60.025, 7.60.035 and 7.60.105 of the Yakima Municipal Code; and providing for related matters. B. FIRST READING OF ORDINANCE AMENDING THE 2003 BUDGET AND APPROPRIATING FUNDS FOR LITIGATION COSTS (no action required; second reading scheduled 6/3/03) An Ordinance amending the 2003 budget and appropriating funds for litigation defense from Unappropriated Fund Balances within various Funds for expenditure during 2003, was read by title only, and laid on the table until June 3, 2003 for a second reading. *20. CONSIDERATION OF ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR PROPERTIES ON MEAD AVENUE (1115 MEAD AVENUE AND 1423 PLEASANT AVENUE). ORDINANCE NO. 2003 -31, AN ORDINANCE authorizing and directing the City's outside legal counsel, Lyon Weigand and Gustafson PS, to institute and prosecute legal proceedings for the condemnation and acquisition of certain real property for the Mead Avenue Reconstruction Project from 10 Avenue to 16 Avenue; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be necessary for a public use required by the public interests: directing that compensation for such taking be paid from Fund Number 142, Arterial Street Fund for the City of Yakima. *21. CONSIDERATION OF LEGISLATION ON TELECOMMUNICATIONS FRANCHISING TRANSFER: A. ORDINANCE TRANSFERRING FRANCHISE 2002 -43 FROM CENTRAL TELECOMMUNICATIONS EAST, INC. TO OPEN ACCESS COMMUNICATIONS, INC. 9 394 MAY 20, 2003 ORDINANCE NO. 2003 -32, AN ORDINANCE relating to the multichannel video /cable communications system franchise granted to Central Telecommunications East, Inc. under City of Yakima Multichannel Video /Cable Communications System Franchise Ordinance No. 2002 -43, and approving the transfer of the multichannel video /cable communications system franchise from Central Telecommunications East, Inc. to Open Access Communications, Inc. B. ORDINANCE TRANSFERRING FRANCHISE 2002 -24 FROM CENTRAL TELECOMMUNICATIONS EAST, INC. TO OPEN ACCESS COMMUNICATIONS, INC. ORDINANCE NO. 2003 -33, AN ORDINANCE relating to the multichannel video /cable communications system franchise granted to Central Telecommunications East, Inc. under City of Yakima Multichannel Video /Cable Communications System Franchise Ordinance No. 2002 -24, and approving the transfer of the multichannel video /cable communications system franchise from Central Telecommunications East, Inc. to Open Access Communications, Inc. *22. CONSIDERATION OF LEGISLATION RELATING TO WASTEWATER TREATMENT PLANT BIOSOLIDS: A. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CHARRON FOR TEMPORARY STORAGE RESOLUTION NO. R- 2003 -81, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a biosolids storage agreement with Charron Company, Inc. for the temporary storage of biosolids generated by the City of Yakima Wastewater Treatment Facility. B. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH NATURAL SELECT FARMS FOR BENEFICIAL USE OF BIOSOLIDS RESOLUTION NO. R- 2003 -82, A RESOLUTION authorizing the City Manager to execute, as a sole source purchase without calling for bids, an agreement between the City of Yakima and Natural Selection Farms, Inc. whereby said entity shall accept and utilize biosolids from the Yakima Regional Wastewater Treatment Facility for application to agricultural land in accordance with applicable environmental laws and regulations. C. FIRST READING OF ORDINANCE AMENDING THE 2003 BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES RELATED TO BIOSOLIDS USE (NO ACTION REQUIRED; SECOND READING SCHEDULED 6/3/03) An Ordinance amending the 2003 budget and appropriating funds from 473 - Wastewater Operating Fund to dispose of biosolids was read by title only, and laid on the table until June 3, 2003 for a second reading. 23. OTHER BUSINESS Mayor Place announced that the second Council meeting for June was moved from the 17 to the 24 due to a conflict with the Association of Washington Cities meeting being held in Spokane. 10 395 MAY 20, 2003 • Council Member Mattson spoke about a County study session he attended the prior evening on amending the. County Flood Hazard Management Plan. He said this will be a fast tracked process and the County will be coming to the City specifically to talk about amendments related to the sewer treatment plant outfall. It is important that we buy into the vision for amending the flood plain plan, specifically the recommendation to move the levies back. Council Member Sims gave an update on the Tri- County Water Resource Agency's plan. He said they are over half way in finalizing the plan. It still requires a public review by Kittitas County and then the nine commissioners (three from each county) are to meet and review the plan for its finalization. In order to receive the money it must come before the State Legislature and the governor for passage. 24. EXECUTIVE SESSION) BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR APPROXIMATELY 45 MINUTES REGARDING PROPERTY ACQUISITION AND PENDING AND PROSPECTIVE LITIGATION FOLLOWED BY IMMEDIATE ADJOURNMENT The motion carried by unanimous voice vote. 25. ADJOURNMENT Following the Executive Session, the meeting adjourned at 6:07 p.m. • READ AND CERTIFIED ACCURATE BY: V COUNCIL MEMBER DATE )1: !Li i 03 COUNCIL MEM: DATE ATTEST: e ma--w' ECG /g/6 CITY CLERK MARY PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 11 •