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HomeMy WebLinkAbout05/02/2000 Business Meeting 345 CITY OF YAKIMA, WASHINGTON MAY 2, 2000 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 Mary Place, presiding. Council Members Clarence Barnett, Henry Beauchamp, Lynn Buchanan, Larry Mattson, John Puccinelli, and Bernard Sims present on roll call. City Manager Zais, City Attorney Paolella, and City Clerk Roberts were also present. 2. INVOCATION /PLEDGE OF ALLEGIANCE An Invocation was given by Council Member Puccinelli, followed by the Pledge of Allegiance led by Council Member Barnett. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS • NATIONAL ELDER LAW MONTH Mayor Place read a proclamation declaring the month of May, 2000 as National Elder Law Month. Eric Vargas, attorney with Lyon, Weigand & Gustafson, accepted the proclamation. • INDEPENDENT LIVING WEEK Assistant Mayor Mattson read a proclamation declaring the week of May 1 -7, 2000 as Independent Living Week in Yakima. Myrtle Norbel accepted the proclamation. • LETTER CARRIER FOOD DRIVE DAY Mayor Place read a proclamation for the National Association of Letter Carriers, declaring May 13, 2000 as Letter Carrier Food Drive Day in Yakima and urged all citizens to participate in this worthy effort. Council Member Buchanan announced that Fred Iraola's term on the Air Terminal Board is expiring June 30, 2000. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO REAPPOINT FRED IRAOLA TO THE AIR TERMINAL BOARD. The motion carried by unanimous voice vote. • 346 MAY 2, 2000 4. CONSENT AGENDA Mayor Place referred to the items placed on the Consent Agenda, questioning whether there were additions or deletions from either Council members or citizens present. It was the general consensus to remove Item No. 15 and add Item No. 13 to the Consent Agenda. It was announced that the public hearing under Item No. 11 could not be held and would be rescheduled to May 16, 2000. Item No. 11 was then added to the Consent Agenda to reset the date of public hearing. The City Clerk 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.) *5. APPROVAL OF MINUTES OF THE APRIL 18, 2000 (7:30 A.M. AND 11:30 A.M.) ADJOURNED AND BUSINESS MEETINGS The minutes of the April 18, 2000 Adjourned (7:30 A.M. and 11:30 A.M.) and Business Meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 6. SPECIAL PRESENTATION FROM THE PUBLIC WORKS TRUST FUND BOARD John Woodworth, Chairman of the Public Works Trust Fund Board; Peter Butkus, Executive Director; Terry Dale, Regional Account Executive; and Bill Huibregtse, Board Member, as well as State Representatives Jim Clements, Mary Skinner, and Senator Alex Deccio, participated in the presentation of a check in the amount of $1.18 million for the Yakima Avenue Rehabilition Project to the City of Yakima. K. Adams, City Engineer, presented members of the Public Works Trust Fund Board with City of Yakima pins and boxes of Yakima apples. 7. SPECIAL PRESENTATIONS TO: A. RAY THOMPSON, RETIRING FROM THE REFUSE DIVISION Ray Thompson was recognized for his 28 years of service to the City. Mayor Place presented Mr. Thompson with a City of Yakima watch. B. JOE McWAIN, RETIRING FROM THE STREET DIVISION Joe McWain was recognized for over 30 years of service to the City. Mayor Place presented Mr. McWain with a City of Yakima watch. 2 347 MAY 2, 2000 • C. THE PAINT -OUT GRAFFITI GROUPS The following groups were recognized and presented certificates of appreciation for their assistance in the Paint -Out Graffiti Project during the month of April: Westside Christian School, Fort Simcoe Job Corp, King Brothers Woodworking Company, Alpha -Therapeutic Corporation, Crystal Linen, Jeff Evans Painting, Yakima Federal Savings & Loan, AID Association for Lutherans, Vern's Painting, Safeway Food and Drug, Painting and Decorating Contractors of America, Steve Martin Painting, Schumacher Painting, Larry J. Fuchs, Painting by Lou Grubbs, Standard Paint and Decorating, Columbia Paint, Sherwin Williams Paint, Stone Church Royal Rangers, Providence Health Systems /Davis High School, YPD Explorers, Yakima Police Patrolman's Association, Mayor Mary Place, Bill Cobabe and Archie Mathews. Tom Ward of Standard Paint presented Mayor Place with a gold paint brush mounted on a plaque in appreciation for her ideas and leadership in this endeavor. 8. YARD OF THE MONTH RECOGNITION. Lynn Quesenbury, Parks and Recreation Administrative Specialist, introduced Paul. Simmon, a CWU intern who announced the Yard -of- the -Month recipients: Zone 1 Northwest Tony ,& Bernadette Bishop, 347 N. 23 Ave. Zone 2 Southwest James & Jewell Gaudette, 505 N. 7 St. Zone 4 Southeast Sam McQuerry, 704 S. 4th Ave. Following a video showing the yards -of- the - month, a certificate was presented to each of the winners. 9. PUBLIC HEARING REGARDING USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR ECONOMIC DEVELOPMENT USE (SEE RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CLIENTLOGIC) This being the time set for a public hearing on the use of Community Development Block Grant Funds for economic development use, Darryl Blue, Chairman of the Board of New Vision, described the activities to secure the relocation of ClientLogic to Yakima. He said they have a great reputation in the communities where they currently do business and are considered a great corporate citizen in their localities. Rita Anson, Director of Finance and Budget, gave an overview of the company noting it was formed in September of 1998. The company since has acquired six additional companies, and has incurred significant financial losses. They expect to continue to incur losses while they integrate these businesses into one 3 343 MAY 2, 2000 niche in the market and implement their growth strategies. She emphasized that this is not unusual for a start -up company of this nature. ClientLogic is owned by the Onex Corporation out of Toronto, Canada. They are an international service provider that has 33 service facilities within North America and Europe; 19 of which are in the U.S. The service they provide is managing customer relations such as market services for their clients, customer contacts, acting as a customer service department including technical support, inventory management, order processing, payment processing, shipping, etc. In their desire to open an operating facility in the City of Yakima, they have asked for a financial incentive from the City in the form of a HUD grant. Bill Cook, Director of Community and Economic Development, advised that ClientLogic will lease 40,000 square feet of office space on the second floor of the Yakima Mall in the Great Western building. They will hire, train and employ 400 positions over a 24 month period. There is a goal of over 200 positions by the end of 12 months. The estimated annual payroll at full employment will be approximately $9 million a year. The cost to renovate and equip the new office space in the mall is estimated between $5 and $6 million over the next 90 to 120 days. Mr. Cook also advised that parking for the employees will be provided by the developer as part of the lease. In return for this investment and creation of new jobs, ClientLogic has asked the City to provide an economic incentive package from the City's annual Community Block Grant Program. Funding for this eligible CDBG activity will be in the form of $140,000 per year for five years. Council Member Puccinelli made note of the fact that although ClientLogic is not a financially strong company at this time, the parent company, Onex, is a very healthy firm with over $5 billion in U.S. capitalization and no debt. Larry Peterson, Assistant City Attorney, stated that it is clear the contract and transaction is authorized by Federal and State law. It is a contract that is favorable to the City because it is a reimbursement type process. ClientLogic will be spending money and then asking for reimbursement giving the City the opportunity to verify the expenses are appropriate and eligible economic development expenses. City Manager Zais commented that there are risks with this activity but with risk comes the opportunity for gain. ClientLogic has a considerable investment to make here and has a major corporation standing behind them. We are fully disclosing what the risks are and what the impacts could be, and we are limiting those risks to a once -a -year look. The annual amount must be earned each year on a performance -based contract and the City has an opportunity to review how well the company 4 349 MAY 2, 2000 performed. With this full disclosure it is recommended that we go forward in light of all the long -term benefits forecast for this project. Bob Young with the Central Washington. Home Builders, 1018 South 33 Avenue, said they are in support of ClientLogic and their proposal. He read a statement from CWHB in support and emphasized how increasing jobs will help stem the tide of our young workforce leaving the Yakima Valley. He emphasized how this is an impetus to our teaching institutions to prepare to meet the needs of businesses who may want to locate in Yakima. Gary Webster, President of the Chamber of Commerce, 10 North 9th Street, expressed their support for. the ClientLogic project stating how it opens doors for the community and utilizes the resources of Yakima Valley Community College and Perry Technical. He urged the Council to move favorably on this project. Bev Luby Bartz, 114, North 7th Street, said she was pleased that the Great Western Building will be saved but stated she was concerned about the parking of 400 employees. Ms. Bartz was advised that the parking is contained in the lease and will be inside the parking garage, thereby not impacting public parking. Doug Rich representing the Yakima Association of Realtors, 2707 River Road, spoke in support of the project alluding to it being a method of reducing the gap between Yakima's median income and Yakima's median price of a home. He said they received a unanimous approval from their Board for the City of Yakima to do what it takes to entice ClientLogic to become a part of our community. Elsie Gregorich, 1516 Browne Avenue, expressed support for this project saying it is something to make this a great place to live and to keep our young people here. Council Member Mattson said it is the nature of today's internet based economy where a lot of these companies start out with a lot of debt. He wanted to reiterate that the City's liability is $140,000 a year federal grant money and, as of today, ClientLogic is investing millions of dollars to retrofit the Great Western Building, to hire and train people to staff their center, and millions of dollars in salaries. He stated his hope . that this will snowball into something huge. Lynne Kittelson, 305 North 9 Street, thinks this is a terrific project and as a member of the Historic Society is very thankful that this will save the Great Western Building. 5 350 MAY 2, 2000 Phil Pleasant, 1202 Fair Avenue, spoke against the project commenting that he felt block grant money should be directed to black minorities in the community. Mary McDaniels, 1903 Slager Road, said she thinks this is a wonderful use of block grant money, creating a partnership with the Yakima Valley Community College to provide training for our young people to fill some of these positions. City Manager Zais introduced Walter Lopus, Project Manager representing ClientLogic, but advised that ClientLogic was in a quiet period because of the Initial Public Offering of their stock. Mr. Lopus commented that they are looking forward to becoming a corporate citizen and partner in Yakima. There being no other citizen wishing to testify, Mayor Place closed the public hearing. Resolution No. R- 2000 -47 having been read by title, it was MOVED BY BUCHANAN, SECONDED BY PUCCINELLI, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2000 -47, A RESOLUTION authorizing and directing the City Manager to execute a Grant Agreement with ClientLogic Operating Corporation for a grant of federal Community Development Block Grant funds to assist ClientLogic to establish a customer relationship management services operation involving at least 400 employees within two years in the City's CDBG Target Area. 10. PUBLIC MEETING REGARDING APPEAL OF HEARING EXAMINER'S DECISION FILED BY LORI FRYMIER ON AN APPEAL BY HARRY RAINFORD ON A NOTICE OF NONCOMPLIANCE CONCERNING 3310 W. NOB HILL BOULEVARD (REQUEST BY MS. FRYMIER FOR ADDITIONAL SIX MONTH CONTINUANCE) Dan Valoff, Associate Planner, advised this was a continuation of a public meeting from August 3, 1999 regarding a notice of non - compliance issued for violating a condition to limit the hours of operation which had been established in the Class 2 zoning review application for the business. Ms. Frymier, with concurrence from Mr. Rainford, has requested that the public meeting on this appeal be continued for an additional six months. Jim Adams, representing Mr. Rainford, advised they had no objection to the continuance, however, if the Council deems it necessary to move forward asked that the hearing examiner's decision be upheld granting Mr. Rainford's appeal. He explained that Mr. Rainford has agreed to be a good neighbor and operate under certain conditions and look for alternative equipment for the blower in the car wash or other arrangements to satisfy the neighbors. 6 • 351 MAY 2, 2000 Lori Frymier, 1014 South 33 Avenue, said it was clear that it was the intent of the City to have a Class 2 review required for a car wash to be located that close to a residential neighborhood. She said her concerns about noise were not relayed to Mr. Rainford at a time when he could have cost effectively made changes. The primary problem is the noisy blower. The reason for the six month continuance is to give Mr. Rainford more time to find a type of re- engineered equipment to meet both parties' objectives. During the six -month continuance the existing joint agreement of operating within reduced hours would be in effect. There was discussion regarding the area zoned R -1. Mr. Adams clarified that Ms. Frymier's referral of this as a Class 2 review is not correct because the Class 2 review took place in 1998. A decision was issued at that time and no one appealed from that Class 2 and there were no conditions imposed upon Mr. Rainford. Following that, the City's Code Compliance Department decided to impose conditions that hadn't previously been imposed and Mr. Rainford appealed. This is the review of the Hearing Examiner's denial of imposition of those conditions. Ms. Frymier emphasized that the reason the Class 2 review issue is critical is there was a Staff Report as an attachment to that report, that stated there would be no Sunday hours of operation and very limited hours of operation. She said she had relied on the staff report and that was why an appeal was not filed in the Class 2 review process. Larry Peterson, Assistant City Attorney, stated that to reopen this matter, would be quite complicated. The question whether or not there were conditions on the Class 2 approval is fairly disputed. As Ms. Frymier said, the staff report described the project as having limited hours of operation. The staff report was reviewed with Mr. Rainford and he signed it. That should have been the time for Mr. Rainford to tell the City he disagreed with their understanding of the limited hours of operation. When it became a Code Enforcement matter, the Hearing Examiner took the position that there were no conditions on the approval. Mr. Peterson disagreed with that because the staff report, which limited the hours of operation, was implicit in the Hearing Examiner's approval. He clarified that the effect of the Hearing Examiner's decision would be to permit Mr. Rainford's car wash to operate at any hour of the day. It was MOVED BY BARNETT, SECONDED BY SIMS, TO APPROVE THE CONTINUANCE WITHOUT ANY MODIFICATIONS TO THE JOINT AGREEMENT. It was MOVED BY MATTSON, TO AMEND THE MOTION THAT IF WE DO CONTINUE FOR SIX MONTHS THAT WE RESOLVE IT AT THAT TIME. The 7 352 • - MAY 2, 2000 amendment died for a lack of second. It was MOVED BY PUCCINELLI, SECONDED BY BEAUCHAMP, THAT THE CONTINUANCE WILL, HOPEFULLY, NOT BE EXTENDED AGAIN. The motion carried by a 5 -2 voice vote, Barnett and Sims voting nay. The question was called for a vote on the amended motion. The motion carried by unanimous voice vote. *11. PUBLIC MEETING TO CONSIDER APPEAL FILED BY KRIS HILLIS OF THE HEARING EXAMINER'S DECISION ON THE APPEAL OF THE SUBDIVISION ADMINISTRATOR'S DECISION APPROVING A TWO -LOT PLAT IN THE VICINITY OF 5811 TIETON DRIVE, FILED BY LARRY LOVELESS The public meeting could not be held due to inadequate notification to parties of record and has been rescheduled for May 16, 2000. 12. AUDIENCE PARTICIPATION Kenneth Broers, 1402 South 20 Avenue, submitted pictures to Council showing flooding that occurs in his driveway during a heavy rainfall. He said this flooding condition has gone on for over 20 years. There has been an ongoing problem with a catch basin at the end of his driveway as well as a County drain that goes underneath his carport and under his house. After a . description of the problem and some suggestions from Mr. Broers on possible solutions, the matter was referred to staff. Laser Droid, 1212 West Cherry Avenue, spoke regarding crime, graffiti, and gangs in Yakima. He suggested there be lighting in the middle of City blocks to deter crime and how that could be accomplished by an LID. He further suggested that gang activity and graffiti painting be considered a terrorist act thereby allowing it to be charged under the Federal Terrorism Laws. *13. CONSIDERATION OF REPORT FROM THE PUBLIC SAFETY COMMITTEE AND PROPOSED LEGISLATION REORGANIZING THE FIRE DEPARTMENT ADMINISTRATIVE COMMAND STRUCTURE: A. ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE REGARDING ORGANIZATIONAL STRUCTURE ORDINANCE NO. 2000 -14, AN ORDINANCE relating to the organizational structure of the fire department; creating a deputy chief of operations and logistics, and a deputy chief of planning and finance; amending subsection (b) of Section 1.18.040 of the City of Yakima Municipal Code. 8 353 MAY 2, 2000 B. ORDINANCE AMENDING THE YAKIMA MUNICIPAL CODE REGARDING OVERTIME PAY FOR BATTALION CHIEFS ORDINANCE NO. 2000 -15, AN ORDINANCE relating to personnel; and amending subsections (B) and (D) of Section 2.22.040 of the City of Yakima Municipal Code regarding pay for battalion chiefs of the Fire Department. C. RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO THE MEMO OF UNDERSTANDING WITH THE BATTALION CHIEFS RESOLUTION NO. R- 2000 -48, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Memorandum of Understanding between the City of Yakima and the Yakima Fire Department Battalion Chiefs. *14. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH DOUGLAS COUNTY FIRE DISTRICT #2 RESOLUTION NO. R- 2000 -49, A RESOLUTION authorizing the execution of an Intergovermental Cooperative Purchasing Agreement with Douglas County Fire District No. 2. 15. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH KDF ARCHITECTURE TO DEVELOP A MASTER SITE PLAN FOR KISSEL PARK Carol Masterson, 1114 South 32 Avenue, raised concerns regarding the development of Kissel Park, mainly increased traffic and activity in their neighborhood. She said that in speaking with her neighbors they would prefer a quiet park rather than Kissel Park becoming a sports complex. Chris Waarvick, Director of Public Works, said this contract is specifically for development of a master plan and during the development process these concerns could be addressed. There was discussion regarding the initial public meeting that was held on this subject as well as the intent to hold future meetings to review and obtain feedback once there was a design. Denise Nichols, Parks and Recreation Manager, advised that a tentative application for an IAC grant had been submitted. She advised that the City, has until August 1 St to modify that grant application, at which time they will have to describe specific elements in the grant. There was discussion regarding the relocation of the Larson Park tennis courts with the clarification that it has not been decided that they would be moved to Kissel Park. Mrs. Masterson read the petition signed by her neighbors requesting the resolution be denied until the neighborhood has been fully informed and has an opportunity to express their concerns. Council Member Sims and Public Works Director Waarvick commented that this resolution could be approved and still be able to get citizen input before final decisions are made. Council Member Puccinelli commented that 9 354 MAY 2, 2000 the neighborhood residents should be notified about any meetings concerning Kissel Park, including today's meeting. Mr. Waarvick reiterated that without an architect's plans, there wouldn't be anything for the neighbors to review. Resolution No. R- 2000 -50 having been read by title, it was MOVED BY PUCCINELLI TO DENY THE RESOLUTION. The motion died due to the lack of a second. It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO APPROVE THE RESOLUTION. The motion carried by a 6 -1 roll call vote, Puccinelli voting nay. RESOLUTION NO. R- 2000 -50, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with KDF Architecture to develop a site plan for development of Kissel Park. *16. CONSIDERATION OF ORDINANCE AMENDING THE CLASSIFICATION AND COMPENSATION PLAN FOR CORRECTIONS SERGEANT AND OTHER HOUSEKEEPING ITEMS ORDINANCE NO. 2000 -16, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective June 1, 2000; amending Subsections 2.20.100 A, 2.20.100 C, 2.-20.100 D, 2.20.110 A, 2.20.110 B, 2.20.110 C, and 2.20.110 F, all of the City of Yakima Municipal Code. *17. SECOND READING OF AN ORDINANCE AMENDING THE 2000 BUDGET AND APPROPRIATING FUNDS FOR OPERATING THE EAST RACE STREET FIRE STATION KNOWN AS "STATION R" An Ordinance amending the 2000 budget and appropriating funds for operating the East Race Street Fire Station (known as Station R), previously having been read by title only, was brought before the Council for a second reading. ORDINANCE. NO. 2000 -17, AN ORDINANCE amending the 2000 budget for the City of Yakima; and making an appropriation of.$8,800 within the 000 - General Fund for expenditure during 2000 to • operate the Race Street Fire Station. 18. OTHER BUSINESS There was no other business discussed. Information Items: Items of information provided to Council were: Letter from J. C. Penney regarding Closure of Yakima, Washington Store - Worker Adjustment and Retraining Notification Act Notices. 4/10/00; Agenda for the May 3, 2000 Community Review Board meeting; Agenda for the May 4, 2000 Downtown Area Redevelopment Committee 10 .3 5 5 MAY 2, 2000 • Meeting and minutes of the April 6, 2000 meeting; Planning Division Assignments Pending Report as of May 2, 2000; Article from April 23, 2000•The Seattle Times, "Slow Down and Study New Aquarium Project "; Article from April 20, 2000 The Wall Street Journal, "Letters to the Editor - Fluoridation is a Poisonous Fraud "; and Economic Development Digest. April 2000. 19. ADJOURNMENT TO MAY 16, 2000 AT 7:30 A.M. IN THE POLICE STATION /LEGAL CENTER FOR A REVIEW OF THE DRAFT PARKS AND RECREATION COMPREHENSIVE PLAN It was MOVED BY BUCHANAN, SECONDED BY SIMS, TO ADJOURN THE MEETING AT 4:25 P.M. TO MAY 16, 2000 AT 7:30 A.M. AT THE POLICE STATION /LEGAL CENTER FOR A REVIEW OF THE DRAFT PARKS AND RECREATION COMPREHENSIVE PLAN. The motion carried by unanimous voice vote. READ AND CERTIFIED ACCURATE BY: i OU COINCIL MEMBER DATE • 'UNCIL MEMBER DAT ATTEST: CITY CLERK Y PLACE, MAYOR Minutes prepared by Linda Watkins, Pension /Records Clerk. An audio and video tape of this meeting are available in the City Clerk's Office 11