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HomeMy WebLinkAbout08/17/1999 Business Meeting 72 CITY OF YAKIMA, WASHINGTON AUGUST 17, 1999 • BUSINESS MEETING 1. ROLL CALL The City Council met in session on this date at 2:00 p.m., in the Council Chambers of City Hall, Yakima, Washington, Mayor John Puccinelli, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, John Klingele, Mary Place, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and Acting City Clerk Skovald were also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE An Invocation was given by Mayor Puccinelli, followed by the Pledge of Allegiance led by Council Member Klingele. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS • NATIONAL TRUCK DRIVER APPRECIATION WEEK Council Member Buchanan read a proclamation making August 21 through August 28 National Truck Drivers Appreciation Week to honor over 3 million men and women truck drivers nationally. Brent Alderman accepted the proclamation. 4. CONSENT AGENDA Mayor Puccinelli referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. It was the general consensus to remove Item 12 from the Consent Agenda. The Acting City Clerk then read the Consent Agenda items, including resolutions and ordinances by title. It was MOVED BY SIMS, SECONDED BY BUCHANAN, THAT THE CONSENT AGENDA, AS READ, BE ADOPTED. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 1 73 AUGUST 17, 1999 *5. APPROVAL OF THE JULY 27, 1999 SPECIAL MEETING AND AUGUST 3, 1999 ADJOURNED MEETING The minutes of the July 27, 1999 Special meeting and August 3, 1999 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. YARD OF THE MONTH RECOGNITION Lynn Quesenbury, Parks and Recreation Administrative Assistant, announced the Yard -of- the -Month recipients: Zone 1 Northwest Mr.& Mrs. James Deccio, 3308 Summitview Zone 2 Northeast Mr.& Mrs. Frank Westcott, 701 E. " E" St. Zone 3 Southwest Mr.& Mrs. Bruce Van Ly, 5611 Arlington Zone 4 Southeast Dale Farnsworth, 1215 E. Mead Special recognition was also given to: Zone 2 Northeast Women's Century Club, 304 No. 2 St. Zone 4 Southeast St. Michael's Church, 5 So. Naches Following a video showing the yards of the month, certificates were presented to the recipients. 7. PUBLIC HEARING ON SOUTH 26 AVENUE ANNEXATION (SEE ORDINANCE ANNEXING PROPERTY) This being the time set for the public hearing, Associate Planner Bruce Benson, summarized the South 26 Avenue Annexation. This annexation involves a 14.8 -acre area of light industrial zoned property with an assessed value of $444,700. One hundred percent of the owners of the area are in support of the annexation. Mr. Benson noted that property taxes for the area will be payable to the City of Yakima commencing with tax year 2001 instead of the year 2000 as indicated in the agenda statement. Mayor Puccinelli opened the public hearing and invited testimony from the audience. There being no one wishing to speak, he closed the public hearing. Ordinance No. 99 -32 having been read by title only, it was MOVED BY BUCHANAN, SECONDED BY SIMS, TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. 2 74 AUGUST 17, 1999 ORDINANCE NO. 99 -32, AN ORDINANCE concerning annexation; annexing the S. 26 Avenue Annexation area to the City of Yakima; maintaining the current zoning of the area; providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of the City's current indebtedness by properties in the S. 26 Avenue Annexation area; and an effective date of October 1, 1999. 8. PUBLIC MEETING ON RELEASE OF PLATTED UTILITY EASEMENT REQUESTED BY YAKIMA VALLEY CREDIT UNION This being the time set for the public meeting, Bruce Benson, Associate Planner, summarized the request for release of a deeded public utility easement that runs through the Westside Branch of the Yakima Valley Credit Union located at 5012 Summitview Avenue. There was a public hearing held on May 13, 1999 to consider this release, at which the. Hearing Examiner rendered a decision to approve. Staff asked the Council to request the Legal Department to prepare the documents of release and a resolution authorizing its execution. Mayor Puccinelli opened the public meeting for public testimony; there being none, he closed the public meeting. It was MOVED BY BUCHANAN, SECONDED BY KLINGELE, TO APPROVE THE REQUEST AND DIRECT LEGAL STAFF TO PREPARE THE APPROPRIATE LEGISLATION FOR APPROVAL OF THIS RELEASE. The motion carried by unanimous roll call vote. 9. AUDIENCE PARTICIPATION Alonzo Marquez asked for clarification on whether they could register voters during the Farmer's Market. City Attorney Paolella clarified that as long as the City has no involvement in registering the voters, and as long as it is a non - partisan activity, they can continue with their voter registration efforts. Dean Crawford, 1517 Ledwich Avenue, said he lives on a gravel street that was annexed to the City approximately three years ago, and asked when he could expect street improvements. He was under the impression that the City had promised street improvements, as well as water and sewer services, as part of the annexation. Mr. Crawford expressed frustration with seeing streets that are already paved receiving improvement efforts while gravel roads are ignored. City Manager Zais assured 3 75 AUGUST 17, 1999 Mr. Crawford that the City would look into this complaint but the repair and rebuilding work that is going on is part of the City's Six -Year Street Capital Improvement Plan to repair arterial streets within the City. He said he wasn't aware of any City policy to repair or rebuild residential streets as a result of annexation. He further explained that it has been the City's policy to work with neighbors to seek Local Improvement Districts, to look for grant funding that may be available, and to assist with dust control and abatement. Mr. Crawford was introduced to Don Skone, Planning Manager, to further discuss this subject. Wayne Parsley, 8202 West Nob Hill Blvd., expressed appreciation and thanks to Bill Schultz, Transit Manager, for the work he has done for the transit system. He emphasized Mr. Schultz's integrity and desire to do the best for Yakima and how much everyone will miss him when he's gone. Mr. Parsley feels that Mr. Schultz's leaving was brought on by his refusal to sign the Transit Task Force's recommendations and expressed sorrow that he is leaving. ., Mary McDaniels, 906 South 80 Avenue, commended both Mr. Schultz and Mr. Parsley and agreed with all of Mr. Parsley's comments. 10. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR SECTION 108. LOAN FOR JEM DEVELOPMENT Bill Cook, Director of the Department of Community and Economic Development, summarized the project stating it began in June of 1998 with a competitive process. The project originally selected was to expand the retail area of the Yakima Mall by 26,000 square feet and to rehabilitate the Great Western Building to an upscale hotel. City Representatives successfully lobbied for a $1,000,000 Economic Development Initiative grant based on community needs, the strength of the developer, and the anticipated creation of 145 new jobs. One of the conditions of the grant was the City must also apply for a Section 108 loan to accompany and support the grant application. Since November 1998, Council held a two -day public hearing and met in committee to discuss the revised Yakima Mall expansion project. This resolution authorizes the City Manager to apply for the $4,000,000 loan which is a condition of receiving the EDI grant for the redevelopment and expansion of the Yakima Mall. Council Member Barnett asked what the status of the $1,000,000 grant would be if this resolution is not approved. He was advised that the grant money would be returned to HUD if the City does not proceed with this project. 4 76 AUGUST 17, 1999 Council Member Beauchamp explained how at the July 27 meeting he had spoken in opposition to this request wanting to wait and see if there was any way to save the Great Western Building. Since that time he has toured the building and has determined it is really in a deteriorated condition and he has changed his position, agreeing that the report was correct. Aileen Kane, 701 South 14 Avenue, surmised that she could see how this vote was going to go and wanted to express her sorrow and disappointment. She commented that she didn't see anything wrong with the mall as it currently stands and feels people won't like walking through a construction site. Mary McDaniels, 906 South 80 Avenue, remarked she also feels it is a shame that the building had not been properly maintained and reiterated her previous testimony that it is inappropriate to have grant money tied to this project. Lynne Kittleson, 305 North 9 th Street expressed disappointment that Yakima is losing another building and how it seems that Yakima has no concept of its past. She had been under the impression that the letters and testimony taken at the two -day public hearing were sent to HUD with the loan application. She noted she had been wrong and the public testimony and letters were sent to the State Department of Community Development - Archeological Division. She further commented that the grant and loan application still has to be submitted to HUD and must meet the threshold requirements to be funded. She said she is hoping it will not. Resolution No. R -99 -108 having been read by title only, it was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO APPROVE THE RESOLUTION. The motion carried by a 6 -1 roll call vote, Place voting nay. RESOLUTION NO. R -99 -108, A RESOLUTION authorizing the City Manager to execute and submit loan application for $4,000,000 to the U.S. Department of Housing and Urban Development (HUD) Section 108 program for the. Yakima Mall Expansion Project. 11. CONSIDERATION OF RESOLUTION AUTHORIZING AWARD AND EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH A & A MOTORCOACH FOR OPERATION OF TRANSIT ROUTE #3 AS A PILOT DEMONSTRATION PROGRAM Bill Schultz, Transit Manager, explained that the Route 3 Pilot Project began with a recommendation from the Transit Task Force. It then went to the Transit Committee and on to the Council resulting in a public hearing with direction to staff to continue the process. The proposed contract covers a one -year demonstration project to provide all services on Route #3, at 5 77 AUGUST 17, 1999 the end of which time an analysis will be done and Council will decide how to proceed. Council Member Barnett asked if the flyers circulating in Yakima on this subject were handed out on the buses. Mr. Schultz assured him they were not. Mary McDaniels, 906 South 80 an avid transit rider, spoke in opposition to contracting out Route #3. She feels the City should keep the bus service and routes intact and have City - employed drivers who are professional and responsible to the citizens of Yakima. She is concerned about how this will affect the jobs of the union drivers and the transit system in the future. Robert Owen, 614 North 3 Street, informed Council that he is also opposed to the privatization of public transit. He asked why not take the same approach with the #3 as was taken for Route #10, combining it with #4 to increase ridership. This would allow public transit to stay public while eliminating a bus route. He mentioned that it appears northeast Yakima is being " picked" on again and itemized previous reductions in service in the northeast area. He went on to complain about how Sunday service and evening service is what they wanted but got trolleys and a transit center instead. He also pointed out the new schedules do not have the big grid showing all the routes on one map. Tom Barrington, Staff Representative from Washington Council of County and City Employees representing Local 1122, Transit Drivers, pointed out the differences between a private contract and having a labor contract or collective bargaining agreement with city employees. He spoke with respect to wages relating that the Union represents an organization that fights to get a living wage and how this company's employees will be working for considerably less with little or no benefit package. Mr. Barrington advised that they plan to educate the people with the hope it will have an effect on the decision the Council makes. He said he doesn't understand what this pilot program is going to be compared against. He argued that there will be a profit made from tax dollars that will be going to the contractor, that the money spent on this contract will be wasted and will not provide a service to the taxpayer. Mr. Barrington suggested Council not act on this resolution at this meeting and reconsider the situation. Aileen Kane, 701 South 14 Avenue, claimed she frequently rides the Route #3 bus. She said she comes from a family of strong union supporters and is biased against being driven by scab drivers. She pointed out there are two council members who have opponents in the next election and in her position as a Precinct Committee Chairperson she will remember how they vote. 6 78 AUGUST 17, 1999 Lynne Kittleson, 305 South 9 th Street, expressed her sorrow that Mr. Schultz is leaving and her disappointment at what she considered to be union - busting tactics. In her opinion the City bus drivers are the best of any city she has seen. She is concerned that A & A Motorcoach may have made a low bid that they won't be able to fulfill, stressing that she doesn't want the City to accept an increase later. Ruth Melendez, 414 South 2 nd Street, Apt. 6, expressed concern about the smaller size of the new buses and the possibility they will be full and someone may have to wait for the next bus. She likes the existing bus system and would like to see it continue. Wayne Parsley, 8202 West Nob Hill Blvd, asked the Council to identify the ultimate goal of this demonstration project. City Manager Zais stated the Task Force was looking for an alternative to achieve efficiency and economy in operating the transit system. He explained Route 3 had a low ridership and it was questionable whether it could continue at a fully burdened cost. The pilot program is being proposed to find ways to operate within the City's financial constraints while serving the most public needs. Mr. Parsely said this is comparing apples to oranges because it will compare City Transit to a contractor paying minimum wage with no benefits and minimal administrative costs; therefore, the contracted service cannot fail. Mayor Puccinelli countered that some of the statements being made about the contractor's wages and benefits are speculation and are not based on knowledge. He remarked that he hoped to use this project as a learning opportunity to look for ways to reduce costs in areas such as maintenance or other unique cost - saving methods. There was further discussion about whether this was a union busting tactic or not. Mayor Puccinelli said he feels very strongly that it's in the City's best interest to have City workers but we must continue looking for ways to do better within our system. Ernie Berger, 1206 South 37 Avenue, said he thinks there is paranoia that needn't be there. He explained the purpose of the Transit Task Force was not anti - transit but pro- transit, trying to save a system that was projected to not have sufficient funds to operate in the future. He reiterated that there is no intention of losing transit in Yakima. Mr. Berger feels Transit employees should be thanking the Transit Task Force for being so interested and working so hard to make the Transit system efficient and preserving it. He finds it discouraging to work so hard to save a system and make it work efficiently and then be accused of being anti - transit. 79 AUGUST 17, 1999 Dave Schmoe, 901 South 18 Avenue, identified himself as both a City bus driver and a tax paying citizen. He said his daughter rides the bus to and from school every day. He explained that he knows the training the City drivers go through but doesn't know how qualified the contra drivers are and has a concern about his child's sa when r iding the bus. Mr. Schmoe agreed with Mr. Parsley's comments and fears this project is a union busting tactic. He reminded the Council that the public elected them and will be paying attention to the outcome of this pilot project. Joy Contreras, 1518 S. 16 Avenue, said she rides the bus every day and opposes this project. Sandy Warloth, said she is a transit rider and opposes this project because it appears like union busting. • Council Member Beauchamp responded to the comments raised that the pilot demonstration project is a strategy for union busting. He declared that is not true. He said he is a supporter of unions and this project has nothing to do with unions, that the intent is to determine how to make the transit system survive. Council Member Beauchamp said that another assumption he heard • is that the service will deteriorate. He assured the public that this system will be monitored to insure that doesn't happen. Council Member Sims noted that he is on the Transit Committee and they recognize that the bus drivers and the entire Transit • Division are very dedicated people. Initially he was against the Citizen Task Force but their results are much better than he expected. He feels a little competition may be a positive thing. He advised he was voting for the resolution but doesn't consider this as a vote against the bus drivers. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by a 5 -2 roll call vote; Buchanan and Klingele voting nay. RESOLUTION NO. R -99 -109, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with A & A Motorcoach, Inc., whereby said entity shall operate City of Yakima Transit Division Fixed -Route #3 as a I/ f demonstration project for a period of one year. 8 80 AUGUST 17, 1999 12. CONSIDERATION OF RESOLUTION AUTHORIZING SUBMITTAL OF GRANT AND LOAN APPLICATION FROM YAKIMA COUNTY SUPPORTING INVESTMENTS IN ECONOMIC DEVELOPMENT (SIED) FOR INFRASTRUCTURE IMPROVEMENTS RELATING TO BABY JOGGER EXPANSION (LUKEHART) PROJECT AND SETTING DATE OF PUBLIC HEARING FOR SEPTEMBER 7, 1999 TO AMEND THE TRANSPORTATION IMPROVEMENT PLAN (CAPITAL FUNDING PLAN) Council Member Place requested that all required amendments to the Transportation Improvement Program be included for consideration in the public hearing on September 7, 1999. Bob Degrossellier, Acting Engineering Division Manager, clarified that the Fruitvale Canal Pathway is included as Item 25 and other pathway projects have also been added. He advised that any others that may come up between now Land the public hearing will be included. Gary Lukehart, 1901 North 4th Street, showed the latest photograph of North Yakima highlighting the new Trail Wagon facility. He enlightened Council on the expansion project including the Trail Wagon facility and the Baby Jogger facility. He pointed out that it had been Trail Wagon's original plan to • have a 20- employee improvement over the next five years but they have already hired 50 with the potential of hiring more. • He summarized what was needed for infrastructure and the planned changes as a part of this project. Council Member Place asked for clarification on the timing of the public hearing, whether it needed to be held before the SIED meeting on the application. Mr. Cook advised that was not a requirement. It was MOVED BY SIMS, SECONDED BY BEAUCHAMP, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R -99 -110, A RESOLUTION authorizing the City Manager to execute and submit grant and loan application with Yakima County for funding from the Yakima County Supporting Investments in Economic Development (SIED) Fund for infrastructure improvements necessary for the Baby Jogger Expansion Project; and setting a public hearing on September 7, 1999 to consider amending the City's applicable capital funding plans to include all costs associated with said infrastructure improvements. 9 81 AUGUST 17, 1999 *13. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT AMENDMENT WITH CONLE.Y ENGINEERING FOR ELECTRICAL IMPROVEMENTS AT THE PUBLIC WORKS FACILITY RESOLUTION NO. R -99 -111, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amendment to an " Engineering Services Agreement" with Conley Engineering, Inc., regarding engineering services pertaining to electrical power requirements and the level of standby power generation necessary to meet electrical needs of certain critical systems located at the City of Yakima Public Works Complex, 2301 Fruitvale Boulevard, Yakima, Washington. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF REIMBURSABLE AGREEMENTS WITH WASHINGTON MILITARY DEPARTMENT FOR AIRPORT SEWER AND WATER IMPROVEMENTS RESOLUTION NO. R -99 -112, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute two developer reimbursement agreements with the Washington Military Department regarding domestic water system and sanitary sewer system improvements constructed .by the Washington Military Department. 15. CONSIDERATION OF ORDINANCE ADOPTING THE TERRACE HEIGHTS NEIGHBORHOOD PLAN Don Skone, Planning Manager, explained this ordinance would adopt the Terrace Heights Neighborhood Plan as an amendment to the City of Yakima's Comprehensive Plan. He reminded Council of the joint public hearings with the County Commissioners on this subject and how it had been recommended by the Regional Planning Commission and the Joint Board. Mr. Skone recommended modification of the ordinance language inserting the phrase " ...and as recommended by the Yakima Urban Area Joint Board on June 4, 1999" after the wording February 23, 1999. This change covers the slight modification made by the Joint Board on June 4, 1999. It was MOVED BY SIMS, SECONDED BY BUCHANAN, TO ADOPT THE ORDINANCE. It was MOVED BY BARNETT, SECONDED BY KLINGELE, TO AMEND THE VERBAGE TO INSERT THE WORDS "AND AS RECOMMENDED BY THE YAKIMA URBAN AREA JOINT BOARD ON JUNE 4, 1999" AFTER FEBRUARY 23, 1999 IN THE ORDINANCE. The motion carried by unanimous voice vote. The question was called for a vote on the motion, as amended. The motion carried by unanimous roll call vote. 10 82 AUGUST 17, 1999 ORDINANCE. NO. 99 -33, AN ORDINANCE concerning land use comprehensive planning and adopting the Terrace Heights Neighborhood Plan recommended by the Regional Planning Commission on February 23, 1999, and as recommended by the Yakima Urban Area Joint Board on June 4, 1999, as a sub - element of the Yakima Urban Area Comprehensive Plan as adopted and incorporated in Section 1.42.070 of the Yakima Municipal Code. *16. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CERTAIN CITY EMPLOYEES (CITY ENGINEER) ORDINANCE NO. 99 -34, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective September 18, 1999; amending Subsections 2.20.100 A, 2.20.10'0 B, 2.20.110 A, and 2.20.110 B, all of the City of Yakima Municipal Code. *17. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING PUBLIC SAFETY ISSUES (CONCEALED WEAPONS) ORDINANCE NO. 99 -35, AN ORDINANCE relating to public safety and morals; clarifying the, intent of the 'concealed weapons ordinance; changing the criminal classification of unlawful discharge of a laser; requiring physicians to report gunshot wounds to the police department; enacting a new chapter, Chapter 6.87, amending Section 6.44.040 and 6.04.030 A and repealing Subsection 6.04.030 B, all of the City of Yakima Municipal Code. 18. OTHER BUSINESS Don Skone reported that the annual review process for amendments to the Yakima Urban Area Comprehensive Plan will be April 2000. Council Member Place excused herself from the discussion and vote on the following subject. City Attorney Paolella reported that an agreement has been reached between Polly Sargent and Al DeAtley concerning the removal of certain arborvitae in the City's right -of -way and located within the sight line distance at the " Ridge at Scenic Drive" subdivision. Chris Waarvick, Public Works Director, summarized the settlement conditions being the removal of the arborvitae in the City right -of -way as surveyed by Huibregtse Louman Associates, Inc. and which are within the sight distance set forth in the survey. They are to be removed after a barrier has been placed along the south side of 58 Avenue west to the end of where the arborvitae are now planted. It was MOVED BY BUCHANAN, SECONDED BY KLINGELE TO APPROVE THE REMOVAL OF THE ARBORVITAE SUBJECT TO THE CONDITIONS LAID OUT IN THE LETTER FROM MR. BLAINE GIBSON DATED AUGUST 16, 1999. The motion carried by unanimous voice vote; Place absent. 11 83 AUGUST 17, 1999 Information Items: Items of information provided to Council were: Material relating to I -695: AWC Fact Sheet: I -695 Tax Limitation and Motor Vehicle Excise Tax Initiative. July 1999; Reports from State Office of Financial Management re: Potential Financial Impacts of I -695. August and April 1999; Revenue Forecast. July 27, 1999; and Text of 1 -695; Monthly Report of the Chief of Police for June 1999; Report on Damage . Claims Filed during the Month of July 1999; and City of Yakima Planning Division Assignments Pending as of August 3, 1999 19. EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION It was MOVED BY KLINGELE, SECONDED BY PLACE, TO MOVE INTO EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER TO SEPTEMBER 7, 1999 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER FOR A STUDY SESSION. The motion carried by unanimous voice vote. 20. ADJOURNMENT TO SEPTEMBER 7, 1999, 7:30 A.M. STUDY SESSION AT THE POLICE STATION /LEGAL CENTER Following the conclusion of the Executive Session, the meeting adjourned at 4:25 p.m. gin READ AND CERTIFIED ACCURATE BY: _/"r_s�, . _ , ,70Py,_j� I? CO: CIL MEMBER / DA' i /# Lot i . i :Lt / L • COUNCIL M :E' D TE • ATTEST: 6 / . / . 0 - 21 ----1--"--- - 2 4 ' ' - 14 / — _ CITY CLERK JOHN PUCCINELLI, MAYOR Minutes prepared by Pension /Records Clerk Watkins. An audio and video tape of this meeting are available in the City Clerk's Office • 12