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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 257 • • 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.) 2 258 SEPTEMBER 20, 2005 • *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. 3 • 259 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. 4 • 260 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 5 SEPTEMBER 20, 2005 261 • 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. 6 262 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. 7 • SEPTEMBER 20, 2005 263 / 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. • - 8 264 • 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 9 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� COU MEMB DATE j ip � �r CO Co EMBER DATE ATTEST: � aid 41/ 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 10