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.)
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*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.
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➢ 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
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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.
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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.
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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.
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*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.
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