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HomeMy WebLinkAbout07/01/2003 Business Meeting 416 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JULY 1, 2003 - 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 /Special Presentation A. Proclamations • American Red Cross Challenge Month Mayor Place read a proclamation declaring July as American Red Cross Challenge Month. They have a goal of 600 blood donations for the month. Irene Gutierrez introduced the new site manager, Sheila Sadler, and accepted the proclamation. B. Status report on prior meeting's citizen service request • Dirt pile at convention center construction site City Manager Zais reported that we have been in touch with the contractors to have the pile of dirt watered so it won't impede traffic with dust in that area. They are also beginning to remove it today. • Oasis Treatment Center (1408 West Yakima Avenue) Council Member Mattson had attended a neighborhood meeting and clarified that it was a communication problem. Triumph Treatment Center had wanted to convert a women's center to a men's center and word hadn't gotten out properly ahead of time. There was also a question of whether the kitchen was being used for preparation of meals for consumption at other locations and, if true, it wasn't permitted. Another issue was regarding the number of people to be served at this home. The Hearing Examiner's decision, approved in 1990, was for ten bedrooms which the City has defined as ten people. When making his decision, verbally, the Hearing Examiner said that the facility was for pregnant women but that is not included in the written decision. Bill Cook, Director of Community and Economic Development, said that Triumph Treatment Center said they will live by the 1990 Hearing Examiner determination and verified they knew what the process would be If they wanted to enlarge the number of JULY 1 2003 417 • residents. The conclusion currently is it will be limited to ten people, gender neutral. They cannot use it as a kitchen' to serve other establishments, although they have been offered the opportunity to heat food while another kitchen is being completed. Alex Santillanes, 1407 West Chestnut Avenue, said the neighborhood has rallied together and are adamantly against the change to men in the facility and the increased number of residents. Steve Siebert, 1412 West Chestnut Avenue and co -chair of the neighborhood committee, requested a written response of the City's position on the situation. The committee feels the City must enforce the limits set in the 1990 hearing. He believes if the determination is made that the Hearing Examiner's decision cannot be interpreted as gender specific then the request for the new use should be reheard because all of the testimony was gender specific. They are also requesting a moratorium be placed on any new treatment centers in the area. They are establishing a block watch and cleaning up the neighborhood. Mayor Place advised that the siting of group homes has been an issue for the Association of Washington Cities because currently we are not.allowed to comment on them. Mr. Siebert also requested the legal opinion include any restrictions on the City's zoning authority with regard to sitings. C. Presentation of Yard of the Month awards Lynn Quesenbury introduced a short video showing the following yards of the month: District 1 . John and Jan Burns, 821 Conestoga Blvd. District 2 John Voelker, 1516 South 18 Avenue District 4 Paul and Gwen Noel, 204 South 32 Avenue No one was available to accept the awards. D. Presentation to Transit Operator Dave Schmoe (Bus Roadeo Competition) Ken Mehin, Transit Manager, presented a trophy to Dave Schmoe who won first place at the Roadeo competition in Philadelphia. Dave said in this national competition they had a written skills test, a knowledge test, a wheel chair securement test, had to do a pre -trip inspection, and in all it was very involved. Although he has won twice at the state level, this is the first time of winning first place at nationals. Mayor Place made an announcement that the Yakima Downtown Association meeting was moved from the 10 to the 3rd at 8:00 a.m. Fire Chief Mayo thanked Council for their support in banning fireworks. It has helped, but the problem has arisen again. We've had a recent problem in the river corridor and have set up a task force to address it. Friday night there were five working incidents at one time that strapped our county to the max. This 4 of July they want to make sure everyone is vigilant. They are concerned that people are using fireworks for arson. The citizens are asked to call 911 if they see any fire, smoke or the illegal use of fireworks. 2 418 JULY 1, 2003 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. 8 was added to 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.) 5. Audience Participation Kevin Lavis, 4208 Marylin Drive, brought forward a problem with Almon Realty employees parking on the street in his neighborhood. Almon Realty has fifteen employees on site. They currently have 40 parking spots; 15 for customers and 26 below their extension for their employees. He has written to them and asked why they insist on having their clerical employees park on the neighborhood streets when they have parking at the business site. He said the 26 employee spots are never full. Mr. Almon responded to him in writing and said that, while it's true he only has 15 -17 employees, he has approximately 40 sales agents that periodically come and go. Mr. Lavis asked what can be done? Mr. Almon's letter said he doesn't see it as a problem and isn't planning on doing anything. Mayor Place said it will be turned over to staff and, hopefully, a response to Mr. Lavis' requests would be available at the next Council meeting. SPECIAL PRESENTATIONS 6. • Special presentation on recommendations from the Capital Facilities Committee regarding the rebuilding /repairing /paving of arterials and dirt/unpaved streets and alleys Neil McClure, chairman of the Capital Facilities Committee, distributed a written report. He explained that the committee was charged to look at capital facilities within the community and make recommendations. They first looked at the gravel streets and alleys and upon presentation of that were directed by Council to include arterial streets. They are now presenting a completed report on arterial streets, gravel streets, and alleys. The report is two -part; 1) the actual recommendation and 2) funding options. In looking at how can our community get the best investment for its dollars, it became apparent that leveraging dollars works best for funding. He stressed that leveraging has its limitations as it doesn't work well when bonding for specific projects nor does it work for maintenance. He discussed the various funding possibilities submitted in the report. • Option 1 - traditional bonding of specific projects, a $17 million investment by citizens over twenty years returns about $20 -24 million. Requires increasing the Public Utility Tax by 3 %. 3 419 JULY 1, 2003 • Option 2 - for the exact same amount of money, instead of going for specific ' projects, leveraged at the state average of 20 %, the return would be about $53 • million. Requires increasing the Public Utility Tax by 3 %. • Option 3 - Go to the public for a vote to increase the private utility tax from 6% to 7% The committee hopes Council supports looking at leveraging as much as we can to improve the arterial streets. This will still require money and the report makes suggestions of money sources. They also incorporated money required for arterial maintenance, including the previous recommendation of 50/50 LID partnerships on gravel streets and alleys. After discussion, Mr. McClure noted that from the beginning the committee solidly decided the work should be to Title 12 standards. The committee did not give a hard recommendation on funding sources, but supplied a broad spectrum of ideas. The toughest item for which the committee was unanimous was the issue of maintenance of arterial streets and a funding source for the gravel streets and alleys. They wanted a dedicated source of funds to go to the maintenance of arterial streets. One funding possibility that would work, could be enacted by Council, and would spread the cost over much of the community, is the second '/4% of the real estate excise tax. A portion of that could be used for the city's 50/50 match for any LIDs that come forward. This would make it a long -term solution with a dedicated fund from a new source of revenues. Mayor Place said the Council's next step would be to discuss this report and possibly hold a public meeting on the subject. They then 'discussed the need to go through the GMA process. Mr. McClure clarified that Options 1 and 2 would require increasing the Public Utility Tax by 3 %. That money would require an investment by our citizens of about $2.30 a billing cycle (about $1.15 a month per billing unit). This would generate enough money to make a huge investment in our community by leveraging massive amounts of federal dollars. This would be a "councilmatic" tax increase. Option 3 asks the citizens themselves to vote on another opportunity to improve our community and leverage huge amounts of federal dollars for the community. That would be an increase in private utilities taxes from 6% to 7 %. This would require a public vote with a simple majority. The dollar amount would be approximately double but would broaden the base of people who are paying it. Ron Anderson, 605 South 53rd Avenue, Phoenix Properties Real Estate, claimed that the real estate excise tax creates a heavy burden for middle income home buyers. He also stated that he thinks Title 12 is onerous and should be modified, thrown out or, at the very least, let the properties with gravel streets be exempted. That way the streets could be brought up to paved standards and then later, when there are better funding mechanisms available, put in the rest of the standards. He said every time something comes up that is needed we go to the property owners as a solution of raising money. He feels this is not a solution. Council Member Puccinelli agreed commenting that there needs to be an exception where streets that are already in place get a break on Title 12 standards. He suggested letting them asphalt their streets and then, maybe, coming back later to bring them up to Title 12 standards. Mr. Anderson claimed that real estate turnover changes from year to year so the income stream would vary. He 4 420 JULY 1, 2003 then spoke about citizens with health issues such as asthma that could be mitigated by putting hard surfaces on some of the streets. Jim Beckett, 1017 Fellows Drive, clarified that the excise tax is 1.53 %, or $1,530 on a $100,000 house. It is something that has to be paid each time the house is sold whether you're selling the house for a profit or not. GEORGE MOVED AND BUCHANAN SECONDED TO ACCEPT THE REPORT. Mattson wanted to go on record that issues like police, fire, water, sewer and streets, the essential services, must be maintained and we should have the courage of our convictions to face the voters at our next election and make a decision. Council Member Buchanan suggested that a study session should be scheduled on this subject immediately. The motion carried by unanimous voice vote. The Council continued discussion noting other issues that will have a financial impact on the utility bills in the future such as stormwater management, the odor litigation, wastewater plant improvements, etc. Although it would be nice to have a total look at what's coming down the line, because of timing and the maturity level of each issue, that is not possible. Council Member Barnett said the stormwater information should be coming soon and he would like to see it included in these considerations. Council then discussed holding a study session versus a public meeting on the report. MATTSON MOVED AND SIMS SECONDED TO DIRECT STAFF TO BRING BACK AN ORDINANCE FOR EACH OF THE THREE OPTIONS PRESENTED BY THE COMMITTEE. Council took a short break to replace the video tape at 4:00 p.m. and reconvened at 4:13 p.m. City Manager Zais said we can prepare the legislation, but the comprehensive plan would need to be amended before legislation could take effect. Council Member Barnett said when these three ordinances are brought back to Council he would like to have the subject available for public discussion at both afternoon and evening meetings. Council Member Puccinelli expressed concern about insuring the legislation clearly depicts that the tax will go for the streets and not for anything else. The question was called for a vote on the motion. The motion carried by a 5 -2 roll call vote; Barnett and Puccinelli voting nay. Mayor Place directed staff"to set up the public meetings and discussed how to get the information out to the public. Mr. Zais reminded Council that option 3 requires a vote of the people. There are certain windows for a ballot proposition and timing would have to be looked at. 7. Presentation on Black Rock Project by Pete Optekar and Chuck Klarich A last minute conflict required this item to be rescheduled to another meeting. 5 421 JULY 1, 2003 • CITY MANAGER'S REPORTS *8. Consideration of Resolution authorizing final violation notice for clear view vegetation removal RESOLUTION NO. R- 2003 -97, A RESOLUTION authorizing enforcement of intersection clear view violation at 5504 Englewood Dr., as described in Yakima Municipal Code 8.80.010. *9. Consideration of Resolution granting a fireworks permit to Entertainment Fireworks for a public fireworks display at the Yakima Speedway on July 4, 2003 RESOLUTION NO. R- 2003 -98, A RESOLUTION granting a public fireworks display permit to Entertainment Fireworks. ORDINANCES 10. Consideration of legislation relating to public services and utilities and the conversion of the General 308 irrigation system to domestic irrigation services Alternative A. Ordinance repealing Ordinance No. 2003 -29 . Alternative B. . Ordinance suspending Ordinance No. 2003 -29 - rejected Aileen Kane, 701 South 14 Avenue, spoke in favor of repealing the ordinance on the grounds that the water rights are the same whether they are domestic or irrigation water rights and that's what the people want. Council Member Puccinelli said he feels we should switch to domestic water but because of the petitions now feels we need to repeal the ordinance. The City Clerk read Alternative A ordinance by title only, PUCCINELLI MOVED AND BUCHANAN SECONDED TO PASS ALTERNATIVE A, REPEALING ORDINANCE 2003 -29. City Manager Zais clarified that the ordinance being considered for repeal became effective today, therefore we are legally obligated to adjust the rates for that ordinance and begin the billing process. In the absence of a unanimous vote it will take 30 days to repeal so there will be a 30 -day window where we must collect those revised rates. There is no way to suspend them due to state and case law. This money will be set aside into a deferred account. The question was called for a vote on the motion. The motion carried by a 4 -3 roll call vote; Mattson, Place, and George voting nay. Council Member Puccinelli claimed that part of the reason for the repeal is to get citizen input about converting to domestic or rebuilding the 308. A survey was discussed. BUCHANAN MOVED THAT WE ACCEPT THE PETITIONS. The motion died due to a lack of a second. SIMS MOVED AND BARNETT SECONDED THAT A SURVEY INCLUDE ONLY THE AFFECTED PEOPLE AND BE ONLY ONE PAGE, TWO- SIDED, WITH A POSTAGE PAID RETURN ENVELOPE. 6 422 JULY 1, 2003 Betty Gaudette wanted a vote of the people as asked for in the petition and questioned the success of a survey. Alonzo Marques, 613 North 3rd Street, displayed a leaflet that he is prepared to distribute because he feels the City isn't giving out the facts. He recommends irrigation water or nothing. The question was called for a vote on the motion. The motion failed 3 -4, Place, Puccinelli, George, and Mattson voting nay. PUCCINELLI MOVED TO CONDUCT A CITY -WIDE SURVEY BY A NON - PARTISAN GROUP IN BOTH LANGUAGES The motion died for a lack of a second. City Manager Zais noted that as a result of today's vote to reject the conversion if Council wants to go forward with the rebuild we will need direction to bring back legislation to increase the rates to go forward on the timetable required. BARNETT MOVED AND SIMS SECONDED TO DIRECT STAFF TO BRING BACK FORMAL LEGISLATION TO INCREASE THE RATES ON THE IRRIGATION UTILITY TO REBUILD THE SYSTEM. This would affect the entire customer base of the utility increasing the pay -as -you go fund to meet the timeframe of the Acquavella settlement. The motion carried by a 4 -3 roll call vote; Puccinelli, Mattson and Place voting nay. ORDINANCE NO. 2003 -43, AN ORDINANCE relating to public services and utilities; repealing Ordinance No. 2003 -29; amending Sections 7.24.010, 7.24.100, 7.24.110, 7.24.150, 7.24.160, 7.60.070, and 7.68.250 of the City of Yakima Municipal Code; repealing section 7.24.045 of the City of Yakima Municipal Code; and establishing an effective date. 11. Review of proposed Ordinance prohibiting the possession of graffiti implements and requiring retailers to post warning signs Council Member Barnett pointed out the two revisions in the new ordinance from Mr. Montoya compared to the one included in the Council packet. 1) Possession of graffiti implements is a gross misdemeanor in Mr. Montoya's version, and 2) 6.50.050 C is not included in the ordinance in the packet. Jeff West, Assistant City Attorney, said the ordinance previously brought to the Council from the citizens committee was hammered out and they came up with a legally acceptable ordinance. But, if the Council should elect to adopt a criminalized version of the ordinance or to adopt the provision for clean -up, Mr. West requested Council allow staff time to rewrite it as this draft will be hard to prosecute. He then discussed the problems with having the perpetrator clean up the graffiti in a short time frame. Those problems include fifth amendment issues because of parallel criminal prosecution plus the problem of having someone the victim doesn't know painting their house. What will happen if they are not satisfied? This question resulted in a discussion of the criminal process, punishment, and responsibilities. Also discussed was the definition of etching equipment. Mr. West asked Council for direction as to how this program is to treat the property owner, what standards we would use when someone has or has not properly painted out the graffiti, and what liability the City has. Jim Beckett, 1017 Fellows Drive, said he supports getting restitution and the problem taken care of properly rather than having some young person painting on a piece of property. The real meat is to have the offense serious enough that most of the kids will opt for diversion to do community service and a chance to learn to work. That's been the key to making a difference in other communities. 7 423 JULY 1, 2003 Kevan Montoya, 5009 Ritchey Road, agrees that reducing the level from a misdemeanor would be taking the teeth out of the ordinance. He claimed the draft from the last meeting with the citizens group was much different than what was submitted in the Council packet and his revision was an attempt to supply Council with the revisions that had been discussed. He offered the group to work on language more acceptable to the Council. SIMS MOVED AND MATTSON SECONDED.TO,DIRECT STAFF, MR. MONTOYA, AND THE CITIZENS GROUP TO WORK OUT THE LANGUAGE TO PROPERLY ADDRESS THEIR CONCERNS AS A MISDEMEANOR AND RETURN TO COUNCIL IN TWO WEEKS. The motion carried by a 5 -2 voice vote, Barnett and Puccinelli voting nay. *12. Consideration of Ordinance amending the Municipal Code and prohibiting the possession of legend drugs without a prescription ORDINANCE NO. 2003 -44, AN ORDINANCE relating to public safety and morals; prohibiting the possession of legend drugs without a prescription, and creating a new section 6.08.300 of the City of Yakima Municipal Code. *13. Second reading of Ordinance amending the 2003 budget and appropriating funds to provide fire service to the South 72 Avenue Annexation Area An ordinance amending the 2003 budget and appropriating funds to provide fire service to the South 72 Avenue Annexation Area having been read by title only at the June 24, 2003 Council Meeting was brought before the Council for a second reading. ORDINANCE NO. 200345 -, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making an appropriation of $193,217 in the 000 — General Fund for expenditure during 2003 to provide for Fire Service in the South 72 Ave. Annexation Area. *14. Second reading of Ordinance amending the 2003 budget and appropriating funds to develop new gravesites at Tahoma Cemetery An ordinance amending the 2003 budget and appropriating funds to develop new gravesites at Tahoma Cemetery having been read by title only at the June 24, 2003 Council Meeting was brought before the Council for a second reading. ORDINANCE NO. 2003 =46, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making an appropriation of $49,500 in the 144 — Cemetery Fund for expenditure during 2003 to provide for development of new gravesites at Tahoma Cemetery. 15. Other Business Mayor Place advised that the Citizens Police Advisory Committee had their first meeting and also that Joe Salinas can no longer serve. She advised that Ray Garza needs to be appointed to replace him. BUCHANAN MOVED GEORGE SECONDED 8 424 JULY 1, 2003 TO APPOINT RAY GARZA TO REPLACE JOE SALINAS ON THE CITIZENS POLICE ADVISORY COMMITTEE. The motion carried by unanimous voice vote. GEORGE MOVED AND MATTSON SECONDED TO REAPPOINT NEIL MCCLURE TO THE CAPITAL IMPROVEMENT /FACILITIES COMMITTEE. The motion carried by unanimous voice vote. Council Member Barnett questioned whether it was necessary to continue the committee. City Manager Zais referred to the original legislation that formed the committee. There were broad - minded purposes to look at capital improvement needs for the City of Yakima and how to finance and pay for them. Council Member Barnett expressed concern about their desire to bring other groups into their discussions. This is a subject that will require further discussion. It was suggested that Council Members Mattson and George look into this at their next meeting. • Information Items Items of information provided to Council were: Notice of Shuttlebus service to the 4th of July Celebration; 6/25/03 Public Service Announcement re: Yakima Water Division /Fire Department — hydrant testing and painting program; 6/26/03 Interoffice Memorandum from the Community and Economic Development Department re: Change in Yakima Downtown Advisory Regular Scheduled Meeting Date; Planning Assignments Pending as of the Week of July 1, 2003; Washington Labor Market; May 2003; Article from June 25, 2003 Seattle Post - Intelligencer, "No Easy Budget Cuts Left for King County"; Article from June 9, 2003 Nation's Cities Weekly, "Cities Respond to Sluggish Economy"; and Article from May 26, 2003 Nation's Cities Weekly, "Cities Confront Tough Choices as Fiscal Conditions Decline" 16. Executive Session regarding pending litigation (allow approximately 30 minutes) BUCHANAN MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE SESSION WITH IMMEDIATE ADJOURNMENT THEREAFTER TO A STUDY SESSION ON WATER SYSTEM PLAN UPDATE AT 7:30 A.M. ON JULY 15, 2003. The motion carried by unanimous voice vote. 17. Adjournment The meeting adjourned at 6:05 P.M. READ AND CERTIFIED ACCURATE BY: • CO NCIL EMBER gib TE C• NCIL MEM:' ' DATE ATTEST: 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 9