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HomeMy WebLinkAbout12/03/2002 Business Meeting 214, CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL DECEMBER 3, 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, Larry Mattson, John Puccinelli, and Bernard Sims Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. INVOCATION /PLEDGE OF ALLEGIANCE • Council Member Puccinelli gave an invocation, followed by the Pledge of Allegiance led by Council Member George. 3. OPEN DISCUSSION FOR THE GOOD OF THE ORDER A. PROCLAMATIONS / SPECIAL RECOGNITION • CHILDREN'S LIGHT PARADE Mayor Place read a proclamation regarding the third annual tree lighting ceremony in the Millennium Plaza and declaring the weeks of December 8 thru 21 as Yakima's Holiday Jubilee celebration. Joe Mann from the Yakima Downtown Association outlined all the exciting things scheduled during this celebration. Mayor Place acknowledged Tara Thomas, news reporter from KIMA, for her good 'works. Ms. Thomas is leaving Yakima and has taken a job in Waterloo, Iowa. B. STATUS REPORT ON PRIOR MEETING'S CITIZEN SERVICE REQUESTS There were no reports for this meeting. 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. Item No. 10 was removed from the Consent Agenda. 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. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 215 DECEMBER 3, 2002 *A. APPROVAL OF MINUTES OF THE NOVEMBER 19, 2002 ADJOURNED MEETING /BUDGET REVIEW The minutes of the November 19, 2002 Adjourned Meeting /Budget Review 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 Carol Folsom -Hill, 15 South 6th Street, on behalf of La Casa Hogar thanked the Council for their allocated portion of the Block Grant funds. She advised them there would be an open house in mid - January and then also invited Council members to attend the first "For a Better Tomorrow" bridge building event. She explained that the women and children of La Casa Hogar are hosting a fiesta at Pioneer Hall at the County Fairgrounds. It will be a Mexican style fundraiser with the real intent being to provide an opportunity for the community to meet each other. It will be Sunday, December 8 th from 4 to 9 p.m. Jar Arcand, 111 East Yakima Avenue, representing the Yakima Downtown Association, said that several weeks ago representatives from the Grand Hotel were referred to YDA regarding residential parking. YDA has reviewed and discussed this in depth with both the Front Street and West Side Merchants. They are now requesting the opportunity to have staff from Legal and from Streets assist in finding a resolution to this matter. Mayor Place agreed and requested they advise when their meetings are to be and to also come back and report the results to Council. Aileen Kane, 701 South 14 Avenue, supplied an idea on how to solve this parking problem. She suggested the Grand Hotel work with the Yakima Mall to come to an agreement on supplying covered parking since they currently have an excess amount. CITY MANAGER'S REPORTS 6. CONSIDERATION OF REPORT AND RECOMMENDATION FROM THE CAPITAL IMPROVEMENTS FACILITIES COMMITTEE REGARDING UNPAVED STREETS Chris Waarvick, introduced Neil McClure, Chairman of the Capital Facilities Committee. Mr. McClure explained that the committee's first task was to look into gravel streets and unpaved roads in the city. He clarified that private streets in this community are the responsibility of the homeowners not the City. The Committee learned that the City has an ordinance that says if a street was annexed into the city unpaved, there was a timeframe before it could be paved. However, as our city expands, we are annexing unpaved streets from the County and creating problems. He read a number of the Committee's recommendations: ➢ Create a gravel street and alley paving program with public and private funding ➢ Split the cost; 50% homeowners, 50% city, through an LID ➢ Improve those private streets to current Title 12 standards, including sidewalks on both sides of the street. ➢ Make sure the improvement is at least a block long and covers both sides of the street. 2 216 DECEMBER 3, 2002 ➢ All existing streets and alleys the current city limits would be eligible and as additional unpaved streets are annexed, they would also become eligible for matching public funds ➢ If property acquisition is necessary to improve the street right -of -way, the current owner would be able to use that value as part of their contribution to the LID, defraying some of their costs. ➢ Make it as user friendly as possible by creating a monthly or semi - monthly billing schedule. Currently state law requires annual billing. The Committee recommends changing it to every other month or monthly to keep the cost down. ➢ Seek the possibility of the Council forming an LID by resolution, rather than just by property owners approaching the City. The Committee encourages staff to continue seeking grant money and federal assistance, but also recommends the second quarter percent real estate excise tax be enacted for this purpose. This action would create a definite revenue stream. Mr. McClure said prioritizing the LIDs should be part of the process. The Committee also recommends that streets should receive higher priority than alleys. A lengthy discussion ensued covering the financial impacts, non - property owners having the right to vote on an LID, and whether Title 12 standards should be required. Fred Witham, 3601 Richey Road, representing the Yakima Association of Realtors, presented some factual information to the Council. He said the State of Washington has authorized levying a real estate excise tax on the full selling price up to a rate of 1.28 %, the second highest in the nation. All cities and counties add one - quarter percent tax bringing it up to 1.53 %. All cities and counties may levy a second quarter percent on the sale of real estate within the urban area which would bring the tax up to 1.78 %. He said there have been questions raised concerning City's legal authority to impose this tax by legislative authority without a vote of the people. Even if Council can enact this tax, all legal opinions he has received to date have indicated it would appear acceptable for the Council to seek an advisory ballot prior to the addition of the tax. He went on to discuss an interpretation of the type of projects that could be funded as defined in state law and local ordinances, the Urban Area Comprehensive Plan and Capital Facilities Plan noting that it appears the proposed use of these funds may be a potential violation. He stated that the legislative process to amend this ordinance, including public notice and comment, should be done before getting to the point of talking about potential funding decisions. He then discussed the volatility of this revenue source. The Washington Association of Realtors and the Yakima Association of Realtors suggest this matter be remanded back to the committee to review all potential methods to address the issue of gravel streets as well as all other capital facility deeds without any inference from Council or staff concerning a desired conclusion. They also support the elimination of the entire real estate excise tax and specifically oppose the imposition of this tax. Council Member Mattson pointed out that there are 130 other cities in the State of Washington that tap into the first and /or second quarter of 1°/0 real estate excise tax. Using that revenue stream, they have access to dollars to leverage money that we don't. We are not in a position to walk away from nearly -free money and that's what we are doing with these public works trust fund loans that are available at 1/2`)/0. As a community, we are constantly trying to find ways to meet needs and solve problems and we are not in a position to walk away from such a tremendous funding source. In 3 217! DECEMBER 3, 2002 our efforts at better involving the public, Council Member Mattson suggested a report that shows information about statewide use of these funds be made available to the Yakima Association of Realtors and asked that they share a report their consultant prepared on home sales in the valley. He also suggested information in this subject be shared with the Landlord Association, the PTAs, and other groups. Mayor Place stated that this is just a preliminary report and we will be involving the public more, including holding public meetings. Council Member Puccinelli thinks this should be put to a vote of the public, but was advised it is still very premature to talk about a ballot at this time. Ron Anderson, 3301 West Nob Hill Boulevard, a member of the Capital Facilities Committee, said he joined the committee late and was not a part of original committee that toured the streets, did the evaluation, and is recommending the report heard today. He said he did raise some of the same questions at the meetings; for example, he was concerned with the ability of non - residents to be able to enact an LID, thereby imposing a tax on property owners. He submitted three options; 1) to pave the streets with no curbs, sidewalks, gutters, or lighting, 2) to pave with curb, gutter & sidewalks on one side only and, 3) meet Title 12 requirements. It was his opinion that to take option 3), as the committee recommends, would never get the streets completed. He strongly recommends option 1), to pave as much of the unpaved streets as possible, to abate the dust, and to help alleviate other concerns on those streets in those neighborhoods. He recommended maximizing the available resources and bring the streets up to standards at a later time in progressive stages. Mr. Anderson said that he agrees with comments from Mr. Witham about the second quarter percent tax and does not believe it is a source that has any long -term significance for the city. Council Member Mattson responded that the intent of this tax revenue stream would be to use it to leverage much more money to help complete the pavement project more quickly. Mr. McClure responded to some of Mr. Anderson's comments saying the Committee feels strongly about Title 12 being a requirement in this process. He doesn't believe that all of the iimprovements would ever get done if it were a phased process. He confirmed this report is a committee recommendation, not just an update. MATTSON MOVED AND BUCHANAN SECONDED TO ACCEPT RECEIVE THE REPORT ON PAVING OF GRAVEL STREETS AND ALLEYS AND DIRECT STAFF TO WORK WITH THE COMMITTEE ON ARTERIAL STREETS AS THE NEXT PHASE OF THIS EFFORT. After much discussion, the motion was amended to change the word accept to receive. The motion carried by a 6 -1 voice vote, Puccinelli voting nay. • 7. CONSIDERATION OF REPORT FROM THE CIVIL SERVICE COMMISSION REGARDING RECLASSIFICATION FOR CERTAIN CITY POSITIONS Carol Bates, Chief Examiner, explained that each year the civil service rules give employees a right to come before the Civil Service Commission if they feel they have had a substantial change of duties. She explained the process; using an outside consultant, job audits, and if necessary, salary comparison studies. The packet submitted includes the reports on ten classifications that affect fifteen current employees. They are all in the 2003 budget. 4 218 DECEMBER 3, 2002 Council Member Puccinelli recommended this item be tabled until next year because of the serious financial problems the city is experiencing. There was discussion regarding rewarding employees who have learned additional skills and taken on additional workloads as the result of cutbacks versus not acknowledging their extra efforts financially. Acting Police Chief Willson commented that, yes, they are short police officers but feels it is necessary to reward those people who are working harder. A discussion ensued on the shortage of police and fire personnel. BUCHANAN MOVED AND SIMS SECONDED TO APPROVE THE REPORT AND DIRECT STAFF TO PREPARE THE LEGISLATION. The motion carried by a 6 -1 roll call vote; Puccinelli voting nay. *8. CONSIDERATION OF RESOLUTION AUTHORIZING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR CASA HOGAR COMPUTER PROGRAMS FOR ADULT EDUCATION RESOLUTION NO. R- 2002 -147, A RESOLUTION approving a $25,000 grant request from 2002 federal CDBG funds to La Casa Hogar/Yakima Interfaith Coalition for assisting in creating a computer lab to enhance learning opportunities for Hispanic women and children, and authorizing and directing the City Manager and the City Clerk to execute all necessary grant documents, including a grant agreement, between the City of Yakima and La Casa Hogar/Yakima Interfaith Coalition. *9. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF MEMORANDUM OF AGREEMENT CREATING THE YAKIMA SUB -BASIN FISH AND WILDLIFE PLANNING BOARD RESOLUTION NO. R- 2002 -148, A RESOLUTION authorizing and directing the Mayor of the City of Yakima to execute a Memorandum of Agreement between the City of Yakima, other General Purpose governments, and the Yakama Nation for the purpose of forming the Yakima Sub -Basin Fish & Wildlife Planning Board (YFWPB). 10. CONSIDERATION OF REPORT FROM CITY PROSECUTOR REGARDING "BILL POSTING" ORDINANCE Council Member Barnett stated that earlier they had received a memo from Jeff West, Assistant City Attorney, regarding a recent case of bill posting and he recommends that the Council wait for the final outcome of the appeal process before moving forward on this item. Mr. West agreed that was appropriate at this time. Aileen Kane, 701 South 14 Avenue, commented there are two issues with this subject; free speech and graffiti. Council Member Puccinelli asked what her reaction would be if the City required people to get a license to post things in order to ensure they remove them as well. Mr. West explained that is what is at issue in Seattle and described the case. BARNETT MOVED AND SIMS SECONDED TO WAIT FOR THE FINAL OUTCOME OF THE APPEAL PROCESS. The motion carried by unanimous voice vote. 5 219, DECEMBER 3, 2002 *11. APPROVAL OF FINAL CONTRACT PAYMENT FOR YAKIMA TROLLEY BUILDINGS RE- ROOFING PROJECT PERFORMED BY HUYLAR CONSTRUCTION COMPANY (STANDARD MOTION V -B — ACCEPT PROJECT AND APPROVE FINAL PAYMENT) The report from the City's architect, Wardell Architects, dated November 19, 2000, with respect to the completion of the work on the Trolley Barn Remodel Project, performed by Huylar Construction Company, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized.. *12. APPROVAL OF REPORTS FROM FINANCE DEPARTMENT: A. THIRD QUARTER 2002 TREASURY REPORT The Third Quarter 2002 Treasury Report was accepted. B. THIRD QUARTER 2002 ACCOUNTS RECEIVABLE REPORT The Third Quarter 2002 Accounts Receivable Status Report was accepted. C. OCTOBER 2002 REVENUE AND EXPENDITURE (BUDGET) REPORT The October 2002 Revenue and Expenditure (budget) Report was accepted. 13. OTHER BUSINESS • Information Items: Items of information provided to Council were: 11/25/02 Press Release from Transportation Improvement Board re: Yakima Area Awarded State Transportation Grants; 11/19/02 Executive Memorandum from Yakima Regional Clean Air Authority re: Federal Register Notice, Attainment for carbon Monoxide; Third Quarter 2002 Municipal Court / Probation Office Statistics; Planning Division Assignments Pending Report as of December 3, 2002; Agenda for the December 11, 2002 Yakima Valley Conference of Governments General Membership meeting and minutes of its October 16, 2002 meeting; and Article from November 26, 2002 Seattle Post - Intelligencer, "Services Suffer as County OKs Budget ". 14. EXECUTIVE SESSION REGARDING COLLECTIVE BARGAINING AND PENDING AND PROSPECTIVE LITIGATION (ALLOW ( APPROXIMATELY TWO HOURS) MATTSON MOVED AND BUCHANAN SECONDED TO GO INTO EXECUTIVE SESSION WITH ADJOURNMENT THEREAFTER TO DECEMBER 9 AT 6 :30 P.M. FOR DINNER MEETING WITH AREA LEGISLATORS AT THE DOUBLETREE HOTEL, THEN TO BUDGET WRAP -UP SESSION ON DECEMBER 10, 2002 AT 8 :30 A.M., THEN TO 2:00 P.M. FOR SPECIAL MEETING WITH YAKIMA COUNTY REGARDING STORMWATER ISSUES. The motion carried by unanimous voice vote. The Council moved into Executive Session at 3:51 p.m. for approximately two hours. 6