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HomeMy WebLinkAbout02/05/2002 Business Meeting 435 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL FEBRUARY 5, 2002 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. ROLL CALL Present: Council: Mayor Mary Place, presiding, Council Members Clarence Barnett, Lynn Buchanan, Paul George, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Council Member Larry Mattson (excused) 2. INVOCATION /PLEDGE OF ALLEGIANCE An invocation was given by Council Member Puccinelli, followed by the Pledge of Allegiance led by Council Member Sims. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER Chris Waarvick, Director of,Public Works, introduced the City's new Transit Manager, Ken Mehin, recently from the Denver area. Council Member Sims suggested that Mr. Mehin's first order of business be to review some past studies. He said the Transit Committee will work with Mr. Mehin in reviewing them. He noted we also have as a priority the need to review the extension of service into the West Valley area. Mayor Place also introduced Richard Waddel, ASB President of Grandview High School, who is job shadowing her today. A. PROCLAMATIONS (IF APPLICABLE) / SPECIAL RECOGNITION • Drug Awareness Month Mayor Place read a proclamation declaring the month of March 2002 as Drug Awareness Month. • Arts Day 2002 Council Member George read a proclamation declaring February 12, 2002 as Arts Day 2002 in Yakima. Noel Moxley of the Yakima Symphony accepted the proclamation. • Designation as a RENEWAL COMMUNITY by HUD Bill Cook, Director of Community and Economic Development thanked Bill Cobabe, Office of Neighborhood Development Manager, and Mike Morales, Grants Writer, as well as . everyone in the department, for their hard work to get this designation. 4 3:6 FEBRUARY 5, 2002 ' Mr. Cobabe described what this means to our business community. He explained that individual businesses will have the opportunity to keep money that would normally be paid as income taxes. They anticipate this will provide local businesses the opportunity to expand their businesses and hire new people. Summer youth programs are going to be encouraged. There are ten different tax incentive programs with lots of opportunity for development and growth. There will be a series of informational meetings and they will use the Chamber of Commerce and other public places to get the word out about these tax credits and how people can take advantage of them. It's complicated but they will work with the media and try to explain these complicated ideas in simple terms. Mr. Cobabe presented a Certificate of Designation to Mayor Place representing the businesses of the community. 4. CONSENT AGENDA Mayor Place referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND BUCHANAN SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Mattson absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. APPROVAL OF MINUTES OF THE NOVEMBER 20, 2001 ADJOURNED BUDGET REVIEW AND JANUARY 15, 2002 BUSINESS MEETING The minutes of the November 20, 2001 Adjourned meeting and the January 15, 2002 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 Cecil Hyatt, 612 South 38 Avenue, distributed copies of a petition he created objecting to the increase in senior and disabled fees for golf and swimming through the City's Parks and Recreation Division. He itemized the increase percentages for the various activities with his main objection being how the increases do not appear to be consistent. He would prefer to see it standardized as a 20 -25% increase in all fees. Mr. Hyatt also questioned why Yakima's senior age is 62 rather than 55. Council Member Sims responded that these are recommendations that came from the Parks and Recreation Commission. He suggested this issue be referred back to the Commission and have them respond to how they decided on the rate increases. Council Member Buchanan recommended Mr. Hyatt attend the next Parks and Recreation Commission meeting. Staff will advise him of when that will be held. • Carl Dry, 400 N 60 Avenue, said he was under the impression that when the City annexed their area they failed to`have the surcharge that was put on all the people that live outside the City removed. He asked the City Council to ensure that this surcharge to those residents is discontinued. Mr. Dry was assured this would be looked into and he will receive a response from staff. 2 437 FEBRUARY 5, 2002 • • Ruth Melendez, 312 North 4 Street, #308, corrected information she had previously provided Council about transit information in Mesa (not Phoenix). She also noted that she lives at Providence House and their age requirement to be considered a senior citizen has now been lowered to 55. PUBLIC HEARING 6. PUBLIC HEARING ON WASTEWATER FACILITIES PLAN AND 2001 COST OF SERVICE AND RATE STUDY (TO BE CONTINUED TO FEBRUARY 19, 2002) • Assistant City Manager Rice introduces the subject Glenn Rice, Assistant City Manager, introduced the subject saying the Wastewater Facilities Plan was first presented in November of 2000. There was another study session held January 15, 2002 for both the plan and the 2001 Cost of Service and Rate Study. The studies analyze the financial condition, needs, requirements and mandates of the wastewater operating capital funds and recommend actions and new wastewater rates to meet those conditions. This is a serious issue that has to be dealt with. The 2000 mandated Wastewater Facility Plan identifies over $20.9 million in capital improvements required within the next five years to maintain our current ability to serve our community. The facility plan also identifies the need for additional staffing and support to meet NPDES standards and requirements in the amount of $1.13 million. The combination of capital and operational needs in this plan requires $26.6 million be added to the existing program over the next five years. Of that amount, $22.4 million, 84 %, is due to legally mandated and contractual obligations. • Discussion on public notification Council Member Barnett questioned how much public notification there was for this hearing. Doug Mayo, Wastewater Manager, explained they sought out community groups such as the restaurant association and other major strong waste users. As to the other minor industrial users (about 400 -500) they did not receive individual mailings. There were two public notices in the newspaper. Council Member Barnett expressed concern about public notification because of the significance of these increases and whether or not the industries, over and above the citizens, are aware of the increases and how it will impact their business. City Manager Zais said if it is Council's desire to send out an additional mailing that can be done prior to the upcoming second hearing. • Timing options discussed Mayor Place said that at our last discussion Council had asked to look at two more options, implementing increases over a five -year period as well as over four years. Mr. Mayo referred to Table 11.1 in the packets supplied to Council noting that Option C had been added covering a four -year implementation phase of strong waste rates. He pointed out that the revenue difference between Option A and C would be a reduction of approximately $300,000. Table 12 looks at retail customers and includes Option D, a five -year implementation period. The revenue impact of Option D is nearly $1.5 million lost over the next five years. We do not have the existing reserves to do that. At the request of Del Monte we looked at a four -year phase -in. The 3 438 FEBRUARY 5, 2002 $300,000 shortfall would necessitate increasing the retail rates an additional 1.3% to recover the loss. Other than that, this option is something that could be considered with the other top three options. Mr. Mayo also noted that the report showed a $500,000 Toss in 2002. He explained that when these reports were written it was assumed the implementation of the rate increase would be January 1, 2002. We are beyond that date now without implementing an increase, therefore, the loss for 2002 will be more like $800,000. This will reduce the reserves to nothing. City Manager Zais explained that there is another hearing scheduled in two weeks, February 19 at which we will ask for Council direction. Two weeks later legislation will be brought to Council and then we will have to wait another 30 days for it to be effective. It will then take another two months before there is any revenue collected. • Mayor Place opened the public hearing Steve Erickson, Del Monte Foods, 205 North Wiggett Lane, Walnut Creek, California, said they appreciate Council asking to extend the number of options and at first glance the four -year extension appears to cover costs and they hope it is considered. He agreed with Mr. Barnett's recommendation to get this information out to the industry on a wider basis. He said they had also commented on taking a look at the 20 -year plan and seeing if there were other opportunities to reduce costs. Del Monte supports the city moving ahead and keeping a strong treatment facility. Doug Mayo explained that Del Monte's main concern is on the strong waste part of the bill that would be Option C on Table 11. To respond to their request wouldn't require having the same type of phase -in approach on the retail rates. Burt Hopper, Area Manager for Del Monte at 108 West Walnut, said a one -time rate increase would result in a $70,000+ increase for the same load as last year. The discussion went on in detail explaining the various tables and aspects of the reports. City Manager Zais explained that even though the delay in implementing a rate increase is causing a shortfall, we've elected to not try to change the proposals. He said it will stretch out the construction time line to make up for the lost revenue due to the delay of implementation. Council Member Sims expressed a desire to avoid having Del Monte's demand for the facility exceed what has been built in for the capital for that year. Mr. Mayo said this year when Del Monte was running we went over the 85% threshold on BOD (Biochemical Oxygen Demand) for three consecutive months. They are doing some things today that should increase capacity to more than what is recognized in our permit. Next season when Del Monte is running, the construction will be completed and we can test the plant to get a better understanding of the true capabilities to see if we are then exceeding 85% of the capacity on BOD. • Mayor Place continued the Public Hearing to the 19 of February. Council Member Barnett expressed the desire to get the word of another public hearing out further, to make sure that all affected citizens have the opportunity to speak to this. • 4 FEBRUARY 5, 2002 4 3 9 CITY MANAGER'S REPORTS *7. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF GMA COMPREHENSIVE PLAN UPDATE GRANT RESOLUTION NO. R- 2002 -08, A RESOLUTION authorizing the City Manager to execute an agreement with the Washington State Department of Community, Trade and Economic Development (CTED) for a $50,000 Growth Management Act update grant. *8. CONSIDERATION OF RESOLUTIONS AUTHORIZING EXECUTION OF INTERLOCAL JAIL AGREEMENTS WITH THE CITIES OF SUNNYSIDE, TOPPENISH AND WAPATO RESOLUTION NO. R- 2002 -09, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an "Interlocal Jail Agreement" with the City of Sunnyside for the provision of jail detention services during 2002 and 2003. RESOLUTION NO. R- 2002 -10, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an "Interlocal Jail Agreement" with the City of Toppenish for the provision of jail detention services during 2002 and 2003. RESOLUTION NO. R- 2002 -11, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an "Interlocal Jail Agreement" with the City of Wapato for the provision of jail detention services during 2002 and 2003. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF BATTLE GROUND, WASHINGTON RESOLUTION NO. R- 2002 -12, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Battle Ground, Washington. *10. APPROVAL OF FINAL CONTRACT PAYMENTS (ADOPT STANDARD MOTION V -B - ACCEPT PROJECT AND APPROVE FINAL PAYMENT) FOR: A. 48 AVENUE /NOB HILL BLVD. INTERSECTION IMPROVEMENT PROJECT NO. 1624 PERFORMED BY COLUMBIA ASPHALT & GRAVEL The report from the City Engineer, dated January 3, 2002, with respect to the completion of the work on the 48 Avenue /Nob Hill Blvd. Intersection Improvement Project No. 1624, performed by Columbia Asphalt & Gravel, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 5 440 FEBRUARY 5, 2002 B. CITY HALL SUSPENDED CEILINGS PROJECT NO. 1783 PERFORMED BY STEPHENS & SONS CONSTRUCTION, INC. The report from the City Engineer, dated January 23, 2002, with respect to the completion of the work on the City Hall Renovations, Suspended Ceilings Project No. 1783, performed by Stephens & Sons Construction Co., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. 2001 GRIND & OVERLAY PROJECT NO. 1921 PERFORMED BY SUPERIOR PAVING CO. The report from the City Engineer, dated January 11, 2002, with respect to the completion of the work on the 2001 Grind and Overlay Rehabilitation Project No. 1921, performed by Superior Paving Co., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. D. 6 AVENUE 21" IRRIGATION TRANSMISSION MAIN & LEWIS AVENUE 12" IRRIGATION TRANSMISSION PROJECT NO. 1910 PERFORMED BY J & K EARTHWORK, LLC The report from the City Engineer, dated January 11, 2002, with respect to the completion of the work on the Irrigation Transmission Main, 6th Ave. 21" Irrigation and Lewis Ave. 12" Irrigation Project No. 1910, performed by J & K Earthwork, LLC, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. ORDINANCE *11. CONSIDERATION OF ORDINANCE AMENDING THE MUNICIPAL CODE RELATING TO SPEED LIMIT ON SOUTH 7" AVENUE BETWEEN WALNUT AVENUE AND TIETON DRIVE AND CORRECT NAME OF TERRACE HEIGHTS WAY TO EAST YAKIMA AVENUE ORDINANCE NO. 2002 -06, AN ORDINANCE relating to traffic, changing the speed limits for 7th Avenue from its intersection with Walnut Street to Tieton Drive and correcting the name of Terrace Heights Way to Yakima Avenue, and amending Section 9.50.370 of the City of Yakima Municipal Code. 6 44 1 FEBRUARY 5, 2002 CLOSED RECORD PUBLIC HEARING 12. CLOSED RECORD HEARING TO CONSIDER HEARING EXAMINER'S RECOMMENDATION ON A REZONE OF PROPERTY LOCATED IN THE VICINITY OF 1501 SOUTH 18 STREET REQUESTED BY PAUL KOVERMAN • City Attorney defines Closed Record Hearing Ray Paolella, City Attorney, defined a closed record public hearing. He clarified that it does not allow new evidence to be introduced at this stage, that the evidence before the City Council is what was presented to the Hearing Examiner previously and that record has been closed. He said in this hearing, citizens can comment on the evidence that was submitted to the Hearing Examiner, can argue legal points about the rezone, or the decision /recommendation of the Hearing Examiner, or can comment pro or con about the rezone itself. Council can accept, amend, reject or remand the decision back to the Hearing Examiner for further evidence. Council Member Sims suggested that for each and every hearing that is a quasi - judicial issue we could have an information board that displays what can be discussed. This would be visible to both Council and the audience. Then give an outline of what the Hearing Examiner's decision was and what Council's options are. This suggestion will be reviewed further. • City Planner describes the rezone request Dan Valoff, Senior Planner, explained this closed record hearing is to consider a rezone application submitted by Paul Koverman on behalf of the property owner, Robert Elder. The request would change three parcels from R -2 (two - family residential) to CBDS (Central Business District Support). The property is located at the northwest corner of South 18 Street and Viola Avenue. On December 13, 2001, the Hearing Examiner conducted a public hearing to review the application; there was no opposition. On December 27, 2001 the Hearing Examiner rendered his recommendation to approve the requested rezone. Staff recommends that the Council uphold the Hearing Examiner's recommendation and direct Legal staff to prepare the appropriate legislation. Mr. Valoff also assured Council that they have been working with Mr. Koverman to construct the curb, gutters, and sidewalks to Title 12 standards and he deeded the right -of -way to the City prior to the hearing. • Declarations Council Members had no ex -parte contact to declare. • Mayor Place opened the public hearing No one came forward to speak. • Mayor Place closed the public hearing 7 442 FEBRUARY 5, 2002 SIMS MOVED AND PUCCINELLI SECONDED TO APPROVE THE HEARING EXAMINERS RECOMMENDATION FOR THE REZONE. The motion carried by unanimous roll call vote; Mattson absent. Bob Elder, the property owner, came forward and thanked Council. 13. OTHER BUSINESS • Council Out of State Travel Mayor Place advised that the National League of Cities Conference is scheduled in March. SIMS MOVED AND BUCHANAN SECONDED TO AUTHORIZE TRAVEL FOR BUCHANAN, GEORGE, PLACE, AND SIMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE. The motion carried by unanimous voice vote; Mattson absent. • Information Items Items of information provided to Council were: City Meeting Schedule for the week of February 4 -11, 2002; Planning Division Assignments Pending Report as of February 5, 2002; Letter from State of Washington Office of Financial Management dated January 25, 2002 regarding 2002 Growth Management Act Population Projections; Agenda for the February 6, 2002 Community Review Board meeting; Public Facilities District & Center Expansion Committee meeting notice for February 5, 2002 and January 29, 2002 memo regarding meeting day change; and Yakima Transit Quarterly Report for Fourth Quarter, 2001 14. ADJOURNMENT BUCHANAN MOVED AND SIMS SECONDED TO ADJOURN TO FEBRUARY 19, 2002, 7:30 A.M. FOR A STUDY SESSION ON STORMWATER POLICY WITH YAKIMA COUNTY TO BE HELD IN THE COUNCIL CHAMBERS AT CITY HALL. The motion carried by unanimous voice vote; Mattson absent. The meeting adjourned at 3;15 p.m. READ AND CERTIFIED ACCURATE BY: C !/ COUNCIL MBER A� E `4.0 voleta 3 /I% - COUNCIL MEMB DATE ATTEST: 7 CITY CLERK / MARY PLACE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 8