HomeMy WebLinkAbout09/20/2005 Business Meeting 2 5',6%'
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
SEPTEMBER 20, 2005 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Paul George, presiding, Council Members Ron Bonlender,
Neil McClure, Mary Place, Bernard Sims, and Susan Whitman
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
Absent: Dave Edler, excused
2. Invocation /Pledge of Allegiance
Council Member Bonlender gave an Invocation, followed by the Pledge of
Allegiance led by Council Member Sims.
3. Open Discussion for the Good of The Order /Special Presentations
Fire Chief Mayo gave an update on the four fire fighters who are participating in
humanitarian activities for the victims of hurricane Katrina.
Council Member Place advised that there had been a meeting with the Selah fire
officials yesterday and they agreed to meet as elected officials at least once a
year. They also discussed working together on contracts.
A. Proclamations
None
B. Special Presentations:
• Special recognition of Linda Marzette for volunteer services
provided at playgrounds
Denise Nichols, Parks and Recreation Manager, recognized Linda Marzette for
the hard work she has done on a volunteer basis at Miller Park. Her efforts have
allowed the City staff to stretch resources and budgets for the last two summers.
Mrs. Nichols also introduced a new Americorps team that started September 16
There are four members who will be working with the City for 10'/2 months. They
are partnering with the Y -Pal program this year and will be serving out of the
Miller. Park Activity Center on after - school and other activities. They will be
putting in 1700 hours over that 10' /2 month period. Christina Storey, Mary Uribe,
Tiffany Beehler, and Brett McCombs introduced themselves and explained why
they signed on to Americorps.
SEPTEMBER 20, 2005
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• Introduction of Maggie Morris, Seattle HUD Office
Bill Cobabe introduced Maggie Morris, Yakima's new representative from the
• Seattle HUD office.
• Office of Neighborhood Development Services Promotional
Program
Bill Cobabe, ONDS Manager, presented a video prepared by their office to
promote volunteerism. To date there has been in excess of 6,000 hours donated
and they expect that will rise to at least 7,000 hours before the end of the year.
That number equals about 3.5 full time positions. The video will be distributed to
youth groups, church groups, service clubs, and anyone who might have an •
interest in volunteering. There are plenty of opportunities for service and ONDS
will work to ensure people's efforts are meaningful and worthwhile.
• Presentation on District 4 Emphasis
Drs. Bernal Baca and Kathleen McDonald spoke about the questionnaire that was
prepared and used in the recent Police Emphasis Patrol. Council Member Place
pointed out that some of the wording referred to city services yet the services listed
were not city provided. She was assured that would be corrected in future
questionnaires. Dr. McDonald explained how the information gathered by the
questionnaire would be used to establish a database for future comparison to see
if we've made a difference. She noted that the value of doing a survey is not just
in the results but also in the process. By asking for community input, you are
showing citizens that you value their participation. It, in itself, ends up being a
powerful intervention. They sent out 800 surveys and received a 17.6% return.
Although that is excellent, they need to work at getting higher participation from
the Latino community. There was discussion about partnering with other
departments and the possibility of merging efforts for a door -to -door survey.
Council Member Whitman suggested including the Fire Department in the
partnerships as well.
C. Citizen service requests
None
D. Consideration of appointments to boards and commissions
Council Member Place asked to have staff check into, and bring back a policy, on
boards and commissions to allow the removal of a board member when they are
not attending meetings.
4. Consent Agenda
Mayo Geo referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. By consensus Item No. 8 was added and Item No. 10 was
removed from the Consent Agenda. The City Clerk read the Consent Agenda
items, including resolutions and ordinances by title; BONLENDER MOVED AND
SIMS SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion
carried by unanimous roll call vote; Edler absent. (Subsequent paragraphs
• preceded by an asterisk ( *) indicate items on the Consent Agenda handled under
one motion without further discussion.)
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SEPTEMBER 20, 2005
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*A. Approval of the minutes of the September 6, 2005 Business meeting
The minutes of the September 6, 2005 Business 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
Mike Hunnel, 913 South 4 Avenue, remarked on his observances of businesses
that are not in compliance with the ADA law concerning handicapped parking
spaces, especially van accessible spaces. Council encouraged him to speak with
the business owners. Doug Maples, Code Enforcement and Planning Manager,
clarified that we enforce ADA laws at the time a building is built and any time there
is a modification to the building. We do not go back and retroactively enforce as
the code changes. If a business restripes their parking, they are only obligated to
put in what they had when the building was built. But, when improving or
expanding, they must adhere to the current code. Police Chief Granato added that
they are working on a volunteer handicap parking enforcement program through
their citizen volunteer organization. They will document the violations and citations
will be issued from the police department and municipal court.
Jim Evans, 4405 Summitview Avenue, asked Council if the City has a street plan
and what is being done to maintain our streets. He was advised we have a Plan
and are in the midst of updating it. Funding sources were referenced as well as
the $2.9 million shortfall the City has been working to overcome. Mr. Evans was
advised these issues are being addressed, they are complex, and they take time.
PUBLIC HEARING
6. Public Hearing to consider Resolution amending the 2005 -2010 Six -Year
Transportation Improvement Program to include additional federal funding
for the Washington Avenue Reconstruction Project
Kay Adams, City Engineer, explained that the amendment request is the direct
result of the Washington Avenue project. Because of change orders, the project
fell behind in funding. We are trying to recapture some of those funds that are
eligible for grant funds and have to amend the 2005 TIP in order to access them.
Council Member McClure used this example to emphasize how complicated
government funding is. City Manager Zais added that putting together multi - million
dollar projects is very complicated financing that routinely needs to be adjusted as
the project goes along.
• Mayor George opened the public hearing
No one came forward to speak.
• Mayor George closed the public hearing
The City Clerk read the resolution by title only; SIMS MOVED AND PLACE
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote; Edler absent.
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SEPTEMBER 20, 2005
RESOLUTION NO. R- 2005 -139, A RESOLUTION to amend the Six -year
Transportation Improvement Program (STIP) for the period of 2005 through 2010
to include projects affecting the City's Transportation Plan.
CITY MANAGER'S REPORTS
7. Report on regional stormwater policy meeting and consideration of
•
recommendations
At a recent stormwater meeting, City Manager Zais, brought up the idea of a value
engineering study. Five regional players committed to the idea and to do their best
for the citizens while meeting the demands of federal and state requirements.
Those five partners are Selah, Union Gap, Moxee, Yakima County, and the City of
Yakima. The State is excited about a regional concept for stormwater and has
identified money that is available for the value engineering study..
•
County Commissioner Leita recently e- mailed four questions that need direction
from the Council:
1. Is each entity willing to participate in the regional stormwater policy group
consisting of one representative and one alternate?
Answer: Council Member McClure will be the representative with Council
Member Edler identified as the alternate.
2. Does the entity support the Joint Partnership Application to DOE?
Answer: Yes.
3. Does the entity support using a value engineering review?
Answer: Yes.
4. Is the entity supportive of a transparent open process?
Answer: Yes, it would be good to have the process available on YPAC.
5. Do they support the concept of using an early working group and consider the
public later in the process?
Answer: Yes.
City Manager Zais read into the record a letter from Clarence Barnett on behalf of
the Central Washington Home Builders Association supporting the City of
Yakima's participation in a regional stormwater policy group and an open process.
PLACE MOVED AND WHITMAN SECONDED TO ACCEPT THE FIVE
QUESTIONS REGARDING STORMWATER AND RESPOND BACK TO
COMMISSIONER LEITA. The motion carried by unanimous voice vote; Edler
. absent.
*8. Consideration of Resolution relating to haiardous vegetation and debris
abatement
RESOLUTION NO. R- 2005 -140, A RESOLUTION authorizing the Code
Administration and Planning Manager to clear certain weedy lots.
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SEPTEMBER 20, 2005
*9. Consideration of Resolutions authorizing submission of grants for:
A. SIED funding for planning activities related to the Yakima Convention
Center Campus
RESOLUTION NO. R- 2005 -141, A RESOLUTION authorizing the City Manager to
execute and submit a grant application with Yakima County for funding from the
Yakima County Supporting Investments in Economic Development (SIED) Fund
for planning activities related to the Yakima Convention Center Campus.
B. CTED funding for historic survey and inventory of downtown Yakima
and the Central Washington State Fairgrounds
RESOLUTION NO. R- 2005 -142, A RESOLUTION authorizing and directing the
City Manager to execute a grant agreement with the Washington State
Department of Archaeology and Historic Preservation for the receipt of state funds
for a historical survey of downtown Yakima and the Central Washington
Fairgrounds; and authorizing and directing the City Manager to execute a contract
for professional services to carry out the survey.
10. Consideration of Resolution authorizing execution of an interlocal
agreement with Union Gap for jail services.
The City Clerk read the resolution by title only; McCLURE MOVED AND
BONLENDER SECONDED TO ADOPT THE RESOLUTION. Council Member
McClure commented on how nice it is to work with surrounding communities and
how this is another opportunity for regionalization. Chief Granato gave credit to
Captain Rod Light for coming up with this regionalization idea. It illustrates the
opportunity to partner with Union Gap to save money on both sides. The motion
carried by unanimous roll call vote; Edler absent.
RESOLUTION NO. R- 2005 -143, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute an Interlocal Jail Agreement with
the City of Union Gap to allow the City of Yakima to house prisoners of the City of
Union Gap at the Yakima City Jail.
*11. Consideration of Resolution authorizing execution of intergovernmental
cooperative purchasing agreement with Houston - Galveston Area Council
RESOLUTION NO. R- 2005 -144, A RESOLUTION authorizing the execution of an
Intergovernmental Cooperative Purchasing Agreement with the Houston -
Galveston Area Council in Texas (H -GAC).
*12. Consideration of Legislation regarding the Wastewater Treatment Plant:
A. Resolution authorizing sole source purchase from ISS- Wonderware for
software for the Supervisory Control and Data Administration (SCADA)
System
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SEPTEMBER 20, 2005
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RESOLUTION NO. R- 2005 -145, A RESOLUTION authorizing sole source
procurement without calling for bids from ISS- Wonderware whereby said entity
shall provide software for the WWTP Supervisory Control and Data Acquisition
(SCADA) system improvements; and authorizing the City Manager to execute any
documents relating to said procurement.
B. Resolution authorizing emergency purchase and installation of a
variable frequency drive for the aeration blowers •
RESOLUTION NO. R- 2005 -146, A RESOLUTION declaring an emergency and
authorizing the City Manager to execute the purchase and all applicable contracts
for the installation of a Variable Frequency Drive (VFD) for the WWTP aeration
blowers. •
C. Resolution authorizing execution of a professional services agreement
with Thomas E. Coleman, P.E. Engineering Consulting Services for
process analysis of the Plant, sewer collection system and industrial
wastewater discharges
RESOLUTION NO. R- 2005 -147, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute an agreement with Thomas E.
Coleman, P.E. Consulting Engineering Services for process analysis of the •
Wastewater Treatment Plant, the sewer collection system, and industrial
wastewater discharges.
*13. Consideration of Resolution authorizing execution of professional services
contract with Kittelson and Associates for traffic engineering peer review of
Yakima Valley Memorial Hospital expansion
RESOLUTION NO. R- 2005 -148, A RESOLUTION authorizing and directing the
City Manager to execute a professional services agreement between the City of
Yakima and Kittelson & Associates, Inc. for traffic engineering peer review of the
Yakima Valley Memorial Hospital expansion.
* 14. Consideration of Resolution increasing the amount for emergency repairs by
Railworks Track Systems, Inc. to the trolley tracks at 6th Avenue and Yakima
Avenue
RESOLUTION NO. R- 2005 -149, A RESOLUTION amending City of Yakima
Resolution No. R- 2005 -132 by increasing the maximum cost for emergency
repairs to the trolley tracks at 6 Avenue and Yakima Avenue, Yakima,
Washington by Railworks Track Systems, Inc. from $40,000 to $50,000 without
calling for bids.
*15. Set date of joint City /County public hearing for October 18, 2005 to consider
the Regional Planning Commission's recommendations on the 2005
Comprehensive Plan amendment requests
October 18, 2005 was set as the date for a joint City /County public hearing to
consider the Regional Planning Commission's recommendations on the 2005
Comprehensive Plan amendment requests.
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SEPTEMBER 20, 2005
ORDINANCES
16. Consideration of Legislation relating to Cascade Natural Gas Corporation:
A. Ordinance granting a franchise to operate in the City of Yakima
City Manager Zais explained that in our present form of government a vote of the
people is required to grant a non - exclusive franchise. The existing franchise with
Cascade Natural Gas is coming to the end of its 25 -year term. Renewal of the
franchise has to go before the voters this coming November to ensure the
operation of the business. Also required is legislation for the ballot and legislation
naming a committee that would draft a pro statement for the ballot measure. Mr.
Zais then discussed the different types of revenues for franchises and that in order
to maintain revenue neutrality, when this ordinance goes into effect there would
also be legislation changing the 4% to a 6% utility tax. This basically means
converting the franchise fee into a tax.
Tim Jenson, Treasury Services Officer, explained that this new agreement and the
changes incorporated fall in line with provisions made for Pacific Power & Light.
The first 2% of the 6% utility tax is without limitation. The utility pays the City 2%
of all gross revenues. The second 4% is constrained by a $4,000 ceiling per
account per month. Council Member Place asked what would happen if the ballot
failed? Helen Harvey, Assistant City Attorney, said that Cascade Natural Gas has
assured us if that were to happen they would not turn the gas off. Council Member
Place recommended the Charter be changed so we don't have to have an election
anymore. That comment resulted in a brief discussion about the potential of
changing the City's Charter.
The City Clerk read the ordinance by title only; McCLURE MOVED AND SIMS
SECONDED TO PASS THE ORDINANCE (INCLUDING CHANGE ON PAGE 19
DISTRIBUTED BEFORE THE MEETING). Dan Meredith, Director of Safety &
Engineering of Cascade Natural Gas, said that Cascade is a member of
community, has provided service for around 50 years, and hopes to continue to do
so. The premise of the franchise is the ability to use the public right of way. If the
franchise were to expire, they would have to come to the City each time they
wanted to make any change in a facility, or put in a new service, and ask for an
easement. The City Council would then have to approve every job they do. If the
voters do not pass the ballot issue, Cascade Natural Gas would not anticipate
discontinuing service to anyone but would continue working with the City and staff
until another franchise could get passed. He recommended the City make the
effort to change the charter and avoid the need of future elections of this sort. The
question was.called for a vote on the motion; the motion carried by unanimous
roll call vote; Edler absent.
ORDINANCE NO. 2005 -51, AN ORDINANCE granting a non - exclusive franchise
to Cascade Natural Gas Corporation ( "CNG ") to construct, operate and maintain a
natural gas transmission /distribution system /facility(ies), with all necessary
facilities, within the City of Yakima, Washington (the "City "); setting forth
provisions, terms and conditions accompanying the grant of this franchise;
providing for City regulation of construction, operation, maintenance and use of the
natural gas transmission /distribution system /facility(ies); prescribing penalties for
the violations of its provisions; and setting an effective date.
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B. Resolution requesting the County Auditor to hold a Special Election on
granting a franchise
The City Clerk read the resolution by title only; McCLURE MOVED AND PLACE
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote; Edler absent.
RESOLUTION NO. R- 2005 -150, A RESOLUTION providing for the submittal to
the electors of the City of Yakima, Washington, at a special election to be held in
conjunction with the State General Election on November 8, 2005, of a proposition •
as to whether or not a franchise shall be granted to Cascade Natural Gas
Corporation, a Washington corporation, and requesting the Auditor of Yakima
County, Washington, to hold a special election.
C. Resolution executing committee assignments form regarding ballot
measure statements for the local voters' pamphlet
The. City Clerk read the resolution by title only; SIMS MOVED AND McCLURE
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous
roll call vote; Edler absent.
RESOLUTION NO. R- 2005 -151, A RESOLUTION authorizing and directing the
Mayor of the City of Yakima to execute the attached committee assignments form
pursuant to RCW 29A.32.280 regarding the ballot measure statements for the
2005 Yakima County local voters' pamphlet on the proposition to be submitted to
the electors of the City of Yakima at a special election on November 8,2 005, on
whether or not a franchise shall be granted to Cascade Natural Gas Corporation.
*17. Consideration of an Ordinance adopting the Hearing Examiners
recommendation to approve a right -of -way vacation requested by Larry
Loveless for property in the vicinity of South 80th Avenue and Tieton Drive
ORDINANCE NO. 2005 - 52, AN ORDINANCE vacating, with conditions, a certain
portion of street right -of -way identified as a former portion of South 80 Avenue
lying south of Tieton Drive and west of the current alignment of South 80 Avenue,
Yakima, Larry Loveless as applicant herein. ,
*18. Second reading of Ordinance amending the 2005 budget and appropriating
funds to address the unanticipated and extraordinary increased fuel costs
for City vehicles
An Ordinance amending the 2005 budget and appropriating funds to address the
unanticipated and extraordinary increased fuel costs for City vehicles, previously
having been read by title only, was brought before the Council for a second
reading.
ORDINANCE NO. 2005 -53, AN ORDINANCE amending the 2005 budget for the
City of Yakima; and making appropriations within various operating funds for
expenditure during 2005 to provide for increased fuel costs.
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SEPTEMBER 20, 2005
*19. Second reading of Ordinance amending the 2005 budget and appropriating
funds for Public Safety overtime expenses
An Ordinance amending the 2005 budget and appropriating funds for Public Safety
Overtime expense, previously having been read by title only, was brought before
the Council for a second reading.
ORDINANCE NO. 2005 -54, AN ORDINANCE amending the 2005 budget for the
City of Yakima; and making appropriations within the 000- General Fund and 150-
.Emergency Services Fund for expenditure during 2005 to provide for unanticipated
• Public Safety overtime costs.
*20. Second reading of Ordinance amending the 2005 budget and appropriating
funds from the Public Works Trust Fund to the Parks Capital Budget
An Ordinance amending the 2005 budget and appropriating funds from the Public
Works Trust Fund to the Parks Capital Budget to provide for the removal of Miller
Pool and construction of three basketball courts at Miller Park, previously having
been read by title only, was brought before the Council for a second reading.
ORDINANCE NO. 2005 -55, AN ORDINANCE amending the 2005 budget for the
City of Yakima; and making an appropriation of $125,000 in the 342 - Public Works
Trust Construction Fund for expenditure during 2005 to provide for the removal of
' Miller Pool and construction of three basketball courts at Miller Park.
21. Other Business
• TRANS - action
Council Member Place advised that it was suggested at the last TRANS- action
meeting that each jurisdiction come to the next meeting with the three top priorities
for TRANS- action review. She requested the selection of those priorities be an
item on the next City Council agenda.
• Gas Tax Public Hearing
City Manager Zais said that at the stormwater meeting, a proposal was made for
representatives of Union Gap, Moxee, Selah, the County and the City of Yakima,
to hold a joint public forum the second week of October for the purpose of
considering public input regarding the upcoming initiative on the gas tax. We have
the right to consider taking a position provided we hold an open public hearing for
that purpose. This issue affects everyone. There are over $62 million dollars of
projects funded by the gas tax in Yakima County. The City is the recipient of $10-
$12 million. Although each jurisdiction could hold its own hearing, we believe it
would be desirable for the public to see the full magnitude of this in a joint public
hearing. We would want to invite representatives from the Department of
Transportation to explain the tax and what it pays for, and representatives
(elected) who cast deciding votes on this to give their viewpoints. There is a lot at
stake and, if the voters ultimately repeal the tax, we will have to abide by that
decision. That doesn't diminish the necessity of the projects; something else
would have to be decided. It is important to help the public understand the
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SEPTEMBER 20, 2005 2.615
sweeping scope of the decision across our region. A joint hearing would be a
means to accomplish that. It would be held at the Yakima Convention Center, one
week in advance of the ballots going out. It was the consensus of Council to
hold an evening meeting on the subject.
Information Items
Items of Information provided to Council were: 9/15/05 News Release from Yakima
Regional Clean Air Authority re: Burgers for Barrels Program!!!; 9/12/05 Letter from the
Morelia Presidente Municipal thanking the City for the fire truck; 9/13/05 Letter from Kittitas
Board of County Commissioners re: watershed planning process; 2005 Swim Season
Report; Planning Division Assignments Pending as of September 20, 2005; Article from
September /October 2005 California Fleet News, "Notes and Quotes on Rising Cost of
Fuel "; Articles from the September 9, 200t Yakima Valley Business Journal, "Taking
Exception — City, Pechtel say criticism unwarranted "; "He wants it to be the kind of town
young people would come back to "; and "Wal -Mart: Lengthy impact report covers the
waterfront ".
22. Executive Session regarding pending litigation (allow approximately 45
minutes)
McCLURE MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE
SESSION REGARDING PENDING LITIGATION AND THEN TO SEPTEMBER
27, 2005 AT 7:30 A.M. FOR A STUDY SESSION TO REVIEW THE 2005
CRUISING LEGISLATION AND PATROL IMPACT, THEN TO SEPTEMBER 30,
2005 AT 7 :30 A.M. FOR A STUDY SESSION TO RECEIVE THE BUDGET
STRATEGY TEAM RECOMMENDATIONS, THEN TO OCTOBER 1, 2005 AT
8 :30 A.M. AT THE HARMAN CENTER FOR COUNCIL STRATEGIC PLANNING.
The motion carried by unanimous voice vote; Edler absent.
23. Adjournment
Following the Executive Session, the meeting adjourned at 4:55 ..m.
READ AND CERTIFIED ACCURATE BY` <. � � � pt 1S�
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CITY CLERK PAUL P. GEORGE, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's
Office
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