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02/24/1999 Minutes '. CITY OF YELM CITY COUNCIL MINUTES FEBRUARY 24, 1999, 7:00 P.M. YELM CITY HALL COUNCIL CHAMBERS 1. Mayor Pro-Tern Martha Parsons opened the meeting at 7:30 p.m. All present joined in the flag salute. 2. . . ',' 99-28 3. 99':'29 4: , 99-30 5. 99-31 ' 6. 7. Mayor Pro-Tern Parsons announced the formal unveiling of the photo and memory display honoring Milt Johnson for his years of service to the City and identifying , Johnson as the "Father ofYelm Public Works." Johnson was the public works employee.from 1949-1969. Until a new public works facility is completed the display will remain in council chambers. Family members were invited participate in the unveiling and to introduce themselves and say a few words about Johnson. Family members/friends present included Larry and Sue Johnson, Bob and Leona Johnson, Bobbie Lynn Belcher, Shirley Hicks, and Floyd Cummings. Councilmember Miller also shared his memories of Milt Johnson. Council present Don Miller, Velma Curry, Glen Cunningham and Adam Rivas. Councilmember Parsons filled in for Mayor Wolf was ill. Guests: Nancy Weidinger, 'Spencer Garrett, Jeff Wilson, and Jim Ramirez. Staff: Shelly Badger, Ken Garmann, Tim Peterson, Brian Asmus and Agnes Bernlick. Agenda Approval. MOTION BY ADAM RIVAS, SECONDED BY GLEN CUNNINGHAM APPROVING THE AGENDA AS PRINTED. CARRIED. Minutes Approv~l MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS APPROVING THE MINUTES OF FEBRUARY 10, 1999 WITH AN ADDITION TO REFLECT THE REASON COUNCILMEMBERMILLERARRIVED LATE. CARRIED. V oupher Approval MOTION BY VELMA CURRY, SECONDED BY DON MILLER APPROVING PAYMENT OF CHECKS #10284-10327. CARRIED. Payroll Approval MOTION BY GLEN CUNINGHAM, SECONDED BY VELMA CURRY APROVING THE PRELIMINARY FEBRUARY 1999 PAYROLL. CARRIED. Public Comment/Questions. None Public Hearing - Telecommunications Facility Moratorium. Mayor Pro- Tem Parsons opened the public hearing at 7:457 p.m. She announced the time; place arid reason for the public hearing. No conflicts or objections to participants were stated. Mayor Pro- Tern Parsons called for the staff report. Yehn City Council Minutes mso\city COUl1cil\cc.99\2-24 -99min.doc Page 1 Shelly Badger explained that it is time for Yelm to develop and adopt a model telec'ommunications ordinance. The Federal Telecommunications Act, adopted by Congress in 1996 to remove barriers and encourage competition among telecommunications and cable companies, provides some specific local government rights to manage their public rights-of-way and the placement of facilities and to receive fair and reasonable compensation from telecommunications providers. The ordinance presented tonight (656) would place a 4':'month moratorium on new applications to the City for any type of telecommunications work An exception could be granted, with the approval of the Public Works .Director, for work on existing telecommunications facilities located in right-of way and owned by holders of existing franchises. The ordinance also establishes a registration system, 'with a suggested $25 fee, for telecommunications companies to receive written notices of public meetings related'to the development ofYelm's ordinance. Additionally, the ordinance declares an emergency allowing the ordinance to take effect immediately upon council's approval. Mayor Pro-Tern Parsons called for public comment and requested that speakers state their name and address. 'Nancy Weidinger. Vancil Rd.. Yelm, Weidinger urged council to extend the moratorium from 4 to 6 months to allow staff adequate time to prepare the final ordinance. Weidinger also recommended that great care be taken to identify and define the industries' technology to avoid an interpretation. that may conflict with the city's best interests. Weidinger ~autioned that the industry continues to claim no ill- health effects due to the technology. She presented copies of an existing ordinance for the city's use in preparing Yelm's ordinance. . Jim Ramirez. Yelm. Mr. Ramirez asked i'fhe could come into the city to place a tower or run new lines now? Ken Garmann responded that he could. Ramirez then asked about current telecommunications competition. Badger responded that the Telecommunications Act opened up competition to the extent that anyone could come in and cut into street right.:.of-way to in~tall facilities. Ramirez asked if the proposed . ordinance would eliminate others from competing with Yelm Telephone Co? Badger. responded that the intent of the proposed ordinance is to protect the. City's rights-of- way. As an example Badger indicated that if a company .wante9 to cut up and install line~ in the right-of-way on the new Creek S1. surface, the ~itY couldn't legally stop or restrict them at this time, nor could they limit where a cell tower could be placed. Jeff Wilson. Asked if there is a permit required at this time to cut roads? Badger responded yes, but that we couldn't deny a permit to prevent someone from cutting a . , . new road surface~ The City does however have development standards that would require roadway to be restored to specific standards. Ken Garmann added that the proposed ordinance would put an order to the process, protect new roadways, and control traffic interruptions due to installations. Discussion followed with Wilson. . claiming that the City has adequate control over roadway restoration through existing standards, inspections and the threat of legal actions and the stafP s position that more i . I YelmCity Council Minutes mso\city council\cc;99\2-24 -99ri1in.doc Page 2 control is needed to protect new roadway surfaces and avoid the costs of legal actions. Wilson felt that the City has adequate rules and restrictions in place and used as an exainple a contractor cutting a roadway to install utilities to a new building project. CounCilmember Rivas responded that such a project would offer a level of assurance, as it uses the existing building permit process. If City building regulations aren't followed, the City can withhold the occupancy permit until compliance is obtained. Badger add~d that at this time telecommunications companies aren't required to obtain a franchise agreement that would offer some leverage to resolve these issues. Utility companies are required to negotiate franchise agreements that provide some measure. of leverage. Name. Unintelligible (ND). Stated that he is a small businessman involved in providing internet services. Although he is currently using existing lines he may be . interested in installing his own lines in the near future. NU complained of problems obtaining cooperation from Yelm Telephone Company. He feels Yelm Telephone has an unfair monopoly. He has been frustrated for the past 14 months trying to deal.with them and feels that he is being forced out of business. Councilmember Rivas interjected that the council has a responsibility to 2,500 citizens, and that's who decisions are made for. They aren't made based on two people or on the views of two business. Rivas pointed out that the City has been putting a lot of money into roadwork recently, whe~e in the past our repair program consisted mostly of chip sealing. Rivas emphasized that.ifs not in the City's best interests to build new roads and have them torn up two months later. Rivas continued adding that Council's responsibility is to provide a level of service to local citizens. That means good roads, good communications.. .good everything. We aren't trying to sustain a monopoly, but to proteCt City resources. There is no bonding or other process in place to insure and protect the City's roadways from inadequate restoration by telecommunications companies and Yelm doesn't have the money to takepeople to court on an c>ngoingbasis. Spencer Garrett. Bellevue. Asked if there is a reason this is happening now and being declared an emergency. Badger responded that the ordinance is just the next project on the staff "to do" list and the emergency declaration is to avoid a flood of new applications. Councilmember Miller added that the proposed ordinance would establish some rules so that everyone knows what is expected of them and what they can or can't do. It' also helps guide staff in making decisions. Applicants always have the option to come. to council if they disagree with stafP s decisions. Nancy Weidinger added that in recent dealings with the county it was vel)' frustrating when guidelines and rules aren't in place. She again urged extending the moratorium to six months. . .Yelm City Council Minutes mso\city council\cc.99\2-24 -99min.doc Page 3 , . Councilmember Miller expressed his feelings that four months would be adequate. ' (NU) Again stated his position that the Yelm Telephone has had an unfair monopoly for years and thatbusinesses should be able to take advantage of less expensive service as the result of competition. It was pointed out that he would fall under the existing company clause. He also complained about the lack of cooperation he has received from Yelm Telephone while trying to obtain a refund for overpayments to US West. Staff explained that this ordinance will probably not deal with his problems concerning line rental fees, etc. Those issues belong with the UTC or another agency. With no 'additional comments, Mayor Pro- Tem Parsons closed the public hearing at 8:40 p.m. . 8. a. Ordinance No. 656 Discussion followed concerning weaknesses in services currently provided by Yelm Telephone Co. 99:.32 MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS ADOPTING , ORDINANCE 656 AND AUTHORIZING STAFF TO BEGIN WORK ON A , TELECOMMUNICATIONS ORDINANCE AND EXTENDING THE MORATORIUM FROM FOUR TO SIX MONTHS. CARRIED. OPPOSED: DON MILLER 8. New Business a. Resolution 382 - CDBG Grievance Procedure. Agnes Bennick reported that this resolution is part of the Community Development Block Grant Application and it provides guidelines for complaints beginning with Cindy Cecil and then moving to . Shelly.' 99-33 MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS APPROVING RESOLUTION 382 THECDBG GRIEVANCE PROCEDURE. CARRIED. b. ,Resolution 383 - CDBG Certificate of Compliance and Authorized Agent.. Agnes Bennick reported that this ,is also part of the Community Development Block Grant Application and pointed out the text change to be added to the final document chan~ing the square footage from 6,000 to 6,270. 99-34. MOTION BY ADAM RIVAS, SECONDED BY VELMA CURRY APPROVING RESOLUTION 383 THE CDBG CERTIFICATE OF COMPLIANCE AS . CHANGED TO 6,270 SQUARE FEET. CARRIED. c. Ordinance No. 657 Amending the 1999 Budget Planner's Position Salary. Shelly Badger reported that aft~r Gibran left Cathie Carlson volunteered to work an extra 4 hours per week. . This ordinance reflects payment for those additional hours and does not change the hourly rate. 99-35 MOTION BY VELMA CURRY, SECONDED BY GLEN CUNNINGHAM , ADOPTING ORDINANCE No. 567 AND AMENDING THE SALARY OF 'THE CITY PLANNER TO REFLECT AN INCREASE IN HOURS WORKED. CARRIED. d. Ordinance No. 658 Amending the 1999 Budget. Agnes Bennick reported that during Yelm CityCOUllCil Minutes mso\city council\cc.99\2-24 -99min.doc Page 4 . the budget work sessions Animal Control's budget had been submitted with no change . requested to the $5,000 allocation for Care/Custody. The fund~ were not posted to the budget. This change will authorize moving $5,000 from the Capital Reserve to .Animal Control. . 99-36 . MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS ADOPTING ORDINACE NO. 658 AMENDING MOVING $5,000 TO THE ANIMAL CONTROL BUDGET. CARRIED. 10. Reports a. City Council Liaison Reports 1) City Hall- CounCilmember.Curl}' reported that everything was going well 2) Co'urt - Councilmember Cuny reported that she had attended court. A written report for J anual}' was provided. She added that she had attended a Senior Center Board meeting. 3) . Public Works - Ken Garmann reported that he was requesting authorization to go out to bid for the Edwards Street reconstruction on March 5 with bids to be opened on the 26th. . 99-37 MOTION BY GLEN CUNNINGHAM, SECONDED BY ADAM RIVAS ALLOWING PUBLIC WORKS TO CALL FOR BIDS ON THE EDWARDS ST RECONSTRUCTION. CARRIED. Garmann also announced that last week an application was submitted for a FCAAP Grant for the Yelm Creek Study and Rehab. Shelly added that a pre-construction meeting had been held with the Cochrane Park contractor and they will be starting construction on Monday, March 1 st, or on the 8th. a. Work Session - Public Works Yard development. Shelly reported that the project is at the place where a decision needs to be made on siting the Public Safety Building on that property before infrastructure development begins. . 5) Consensus to table to March 10, 1999. Police - Councilmember Cunningham urged other members to participate in observation and training with ypn. A written report was provided covering other activity. Planning - Councilmember Cunningham reported that work ccmtinues on reviewing the mobile/manufactured home ordinance'. Mayor - None Council - Councilmember Cunningham reported that he toured the water treatment plant.and was impressed at the scope of the project. He also attended and spoke at the DARE Graduations. 6) b.' c. C<?uncilmember Miller reported on attending Jerrilee Petersen's retirement and presenting her with a Yelm 75th Anniversary pen. Councilmember Curry attended the Senior Center Board meeting and requested that an explanation appear in the minutes to reflect that Councilmember Miller arrived late due to attendance at a retirement as the City's representative. Yelm CitY Council 'Minutes mso\city :council\cc.99\2-24 -99min.doc ,Page 5 Executive Session - Mayor Pro-Tern Parsons announced that Council would be going to executive session for approximately 20 minutes to consider the acquisition of real estat~. The meeting was closed at 9:02 p.m. 11. The meeting was reopened at 9:20 p.m. MOTION BY VELMA CURRY, SECONDED BY ADAM RIVAS AUTHORIZING STAFF TO INVISTIGATE A POSSIBLE REAL ESTATE ACQUISITIQN. CARRIED. 99-38 12~ Gorrespondence was Reviewed. Councilmember Miller inquired about the Rails-to- Trails paving. 13. Adjourn: 9:22 p.m. 7!/~ /2 . . 'I ' & ~ ~~_____ . Martha M. Parsohs, Mayor Pro- Tern Attest: /~'1 I 0- I l.1; .' . ~', .t...5/g/JltJ . ''-/t)Jyt CL.lc . Agn' P. Bennick, City Clerk .' Yelill' City Council Minutes mso\city council\cc.99\2-24 -99min.doc Page 6