HomeMy WebLinkAbout09/02/2003 Business Meeting 460
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
SEPTEMBER 2, 2003 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
RoII CaII
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Paul George, John Puccinelli, and Bernard Sims
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
Mayor Place announced that Larry Mattson has moved out of his district and can no
longer sit on the Council. There are currently five sitting Council members.
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. Administration of Oath of Office to new police chief, Sam Granato
City Clerk Roberts administered the Oath of Office to Police Chief Sam Granato.
City Manager Zais presented Chief Granato with his ID card and the Chief's
Badge. Mayor Place presented him with framed copies of the Police
Department's Mission Statement and Code of Ethics.
B. Proclamations — None
C. Status report on prior meeting's citizen service request - None
D. Yard of the Month Presentation
Lynn Quesenbury, Parks and Recreation Administrative Specialist, announced the
Yard -of- the -Month recipients:
District 1 Maurice Scott, 5506 Douglas Drive
District 1 Harold and Kathy Larson, 806 South 59 Avenue
District 2 Pat and Pete Smith, 2090 Lila Avenue
Following a video showing the winning yards, a certificate, mug and copy of the video
were presented to each of the winners. Ms. Quesenbury announced that this was the
last round for this year and took the opportunity to thank Sean Davido for the work he
has done in filming the videos.
E. Hearing schedule conflict
Council Member Puccinelli pointed out that the public hearing on the Capital Facilities
Committee recommendations scheduled for Tuesday, September 9 th at 7:00 p.m.
conflicts with another function that at least three Council members would like to
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attend. He requested the hearing be rescheduled if at all possible. Following the
regular business agenda, Debbie Moore, Executive Assistant to the City Manager, was
able to coordinate Council members' calendars and reschedule that meeting for
Tuesday, September 30 at 7:00 p.m.
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. 16 was removed and Item No. 9 was added to the
Consent Agenda. The City Clerk read the Consent Agenda items, including
resolutions and ordinances by title. SIMS MOVED AND GEORGE 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.)
*A. Approval of the minutes of the July 15, 2003 Adjourned and Business
Meetings and the August 5, 2003 Special Business Meeting
The minutes of the July 15, 2003 Adjourned and Business meetings and the
August 5, 2003 Special 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
James Evans, 4405 Summitview Avenue, expressed displeasure about a number of
issues. One was not seeing the plans on the Kissel Park job and, therefore, not
bidding on it. Another was regarding the City taking contaminated dirt from the Kissel
location to the Kiwanis location. He then gave his opinion, in detail, about the design
of the jobs. He claimed he was told that if he pursued anything he would be removed
from the bidders list and wouldn't bid anything in this town again. He gave Council two
metal objects that had been designed as toilet paper holders and pointed out how
unpractical they were, his point being KDF's design problems. He was very critical of
the entire process. Mr. Evans vowed he won't do work for the city anymore.
Mayor Place referenced a meeting they have scheduled with Mr. Evans. City Manager
Zais clarified that, although that meeting is for another issue, they can supply Mr. Evans
with the background information he has requested.
Chris Waarvick, Public Works Director, responded to a number of Mr. Evans'
accusations. He said there has been no directive to any contractor to begin the work
at Kiwanis Park. Also, that we are very concerned about the drainage issues. He
explained that the City would not be required to go out to bid because they can work
through a change order with Ohno construction. He also explained that per the
Department of Ecology, they can take lead and arsenic contaminated soil and move it
to Kiwanis. He explained that at these levels it is considered a solid waste and, with
approval from the Health District, is okay to put under parking Tots and structures
which will reduce fill costs.
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Mike Murphy, 4411 Snowmountain Road, questioned the funding source to redo
Kissel Park's drainage problem. City Manager Zais explained that the drainage. issue
has been recently identified as a matter of concern and is currently being explored. It
will take a professional engineering design, and approval by the Department of
Ecology, to ascertain if there are any problems. Mr. Murphy then questioned why the
City uses outside attorneys rather than in -house attorneys
PUBLIC HEARING
6. Public hearing to consider recommendations of the Capital Facilities
Committee re the rebuilding /paving of arterial streets and alleys
presented as the following options:
Option 1: Consideration of draft ordinance amending Municipal Code
enacting increase in City public utility taxes by 3% for City
water, sewer, Refuse Division and Nob Hill Water to finance
Councilmatic Bonds for funding arterial street
improvements /gravel streets
Also, consideration of draft ordinance amending Municipal Code
and enacting a second quarter percent real- estate excise tax for
arterial street maintenance and gravel streets
Option 2: Consideration of draft ordinance amending Municipal Code
enacting increase in City public utility taxes by 3% for city
water, sewer, Refuse Division and Nob Hill Water to establish
on -going resources to finance arterial street improvements
without issuing bonds.
Also, consideration of draft ordinance amending Municipal Code
and enacting a second quarter percent real- estate excise tax for
arterial streets maintenance and gravel streets
Option 3: .Consideration of draft ordinance calling for a municipal election /ballot
proposition to increase private utility taxes for telephone, power and
gas by 1% to generate resources for arterial street improvements and
gravel streets without issuing bonds.
Also, consideration of draft ordinance amending Municipal Code
and enacting a second quarter percent real- estate excise tax for
arterial streets maintenance and gravel streets
Option 4: Revise or amend any of the above options
Option 5: Take no action (do nothing)
If any of Options one through four is accepted after all the public hearings
are held, then Council would consider a resolution directing formal
amendments to the City's Capital Facilities Plan and Comprehensive Plan
Chris Waarvick, Public Works Director, introduced the subject advising that, at the
direction of Council, there are three public hearings scheduled to review
recommendations of how we may improve and maintain the City's street system. Last
December the Committee brought a recommendation on the dirt streets. At that time,
the Council requested folding the arterial streets into that review. That has been done
and the recommendations have been brought forth.
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SEPTEMBER 2, 2003
Neil McClure, Chairman of the Capital Facilities Committee, explained how the
committee came to their final report for arterial improvements and gravel streets and
alleys. He had charts available to support the different funding options. In looking at
funding options they determined that bonding was the least efficient method. Options
2 and 3 show different vehicles for getting more money into our streets.
Council Member Puccinelli spoke about his understanding of the goals of the
committee and was insistent that the report did not address them. He also spoke in
favor of chip sealing the streets to save millions of dollars and spoke against Title 12
standards for all streets. Council Member George and Mr. McClure reiterated that the
Committee's report was in response to the direction received from Council to find a
way to permanently fund arterial improvements and maintenance and to take care of
unpaved streets and alleys. Council Member Sims also supported the report as
addressing the directions given by Council.
Chris Waarvick, Public Works Director, displayed a map that shows the areas that are
currently being, and are planned to be, chip sealed (double shot). He noted that
neighborhood streets are very good targets for chip sealing because the traffic is not
as significant as arterials. The arterial streets are a bigger problem because of traffic
load and chip sealing them may not be a good investment. The proper course of
maintenance for arterials is grind and overlay and that's a significant step up from chip
sealing. He explained that the impetus to get the dirt streets done was to not lose
federal funding. We have to show continuing improvement or we begin to lose federal
funding capacity.
Council Member Barnett stated that he wants to hear the public's reaction to raising
water /sewer and refuse taxes as well as real estate excise taxes. He questioned
whether it is proper to raise taxes on basic necessities of life to fund roads. Council
Member Puccinelli asked whether the public wants Title 12 standards such as
sidewalks on both sides of the street.
• Mayor Place opened the public hearing
Robert Owens, 614 North 3` Street, said he doesn't want his utility bill raised to do
"that ", although he doesn't mind having the streets fixed. He wants it to go to a vote of
the people.
Cecil Hyatt, 612 South 38 Avenue, said they have no sidewalks and they should
have them. He expressed confusion about the status of the repair plans. Many
questions and responses lead to Mr. Hyatt being given a copy of the Committee's
report to review.
K. Wendell Adams, City Engineer, explained Title 12 and the difficulty in implementing
the standards. He also advised that chip sealing is an asphalt layer on top of a street.
It seals the cracks but does not give any additional structural strength or ascetics
although it does extend the life of a street. It should be considered a "band- aid ".
Mike Murphy, 4411 Snowmountain Road, claimed he had a problem with the idea of
raising his taxes to pay for something for others to have that he doesn't have.
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Cecil Hyatt asked why repair the lower sections of town, the east side, claiming "...it
doesn't need as much attention as the west side because the taxes from the west side
are what supports this town." It was his opinion that the east side has a good deal of
renters so if the taxes are increased, all they have to do is raise the rent.
Jim Evans, 4405 Summitview Avenue, said he wanted the issue to go to a vote.
Joe Walsh, Central Washington Homebuilders (CWHB), distributed comments he had
written in response to reviewing the council packet. He said CWHB favors alignment
of any service tax with the service provider. He encouraged Council to explore other
cost savings. He said the Capital Facilities Committee was charged with discovering
funding mechanisms for improvements to the streets, and suggested perhaps we
need a committee charged with finding cost savings within City government. He
pointed out a new tax that is coming down the road, the stormwater utility tax. There
are four other possible rate increases listed in the Public Works' summary in the
Council packet. Given the likelihood of these increases, he suggested it is time to get
serious about finding some cost savings.
Jim Kurbitz, Regional Affairs Director - Washington Association of Realtors,
discussed the second quarter percent of the excise tax that is part of the proposed
method of generating revenue. He pointed out the impact on first -time homebuyers
and the concept that if there is any increase in tax and it causes difficulty in
affordability for homeowners, the entire chain is disrupted. He urged Council to not
enact the second half of the real estate excise tax.
• Mayor Place closed the public hearing.
After a brief break the meeting reconvened at 4:05 p.m.
CITY MANAGER'S REPORTS
7. Discussion regarding TransAction Priorities
Mayor Place advised that the Transportation Action Committee for the Upper Yakima
Valley (TransAction) previously designated three priority projects for our region. One of
those projects has been totally funded by the "nickel package" that was passed during
the 2003 Legislative Session. It is now necessary to identify a new priority. This
initiated discussion on the wrap- around or loop road. Following the discussion, it was
the consensus of Council to support Item 13 on the TransAction list of identified needs,
West Yakima North /South Connector.
8. Consideration of Resolution regarding hazardous condition and debris
abatement at 802 E. Russell Lane, Diane R. & Steven G -T Paulin (Continued from
8/19/03)
Ken Harper, 807 North 39 Avenue, legal counsel for the City, supplied additional
photographs and information from the Department of Ecology with regard to the tire
storage problem. He reiterated that this property is in urgent need of abatement to
bring it into compliance with fire code. He reported that some of the baled tires have
been removed but, as of right now, the baling equipment is no longer on site. In
response to Council Member Barnett's questions about Fourth Amendment rights,
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Mr. Harper explained that the landowner in this situation is having a chance to present
his case and there is an opportunity him to be heard. Therefore, his Fourth
Amendment rights have been respected. He said the flip side of the question is
whether the City has some liability if it knows there is a potentially serious fire hazard
under the code and does not act. The public duty doctrine is not available if you know
of a violation and you don't take steps to clean it up. Discussion continued covering
questions about the Department of Ecology's letter and jurisdiction as well as the
County's potential liability.
Roland Skala, 3910 Summitview Avenue, Attorney for Mr. Paullin, explained the
current status of the tires on the property. Many of them have been baled or hauled
away. Mr. Skala asked for six months to finish having them all hauled away.
Discussion then went into what actually had to be accomplished to come into
compliance with the fire code, and then to come into compliance with the original
permit. Another issue discussed was liability insurance that would give the City
indemnity until the property is in compliance.
Kip Eagle, Department of Ecology, suggested that the Health District might need to be
involved in issuing a permit for tire storage. Mayor Place asked Mr. Caruso, Codes
Supervisor, to look into that. He was also asked to look into dollar requirements for
liability insurance coverage.
SIMS MOVED AND PUCCINELLI SECONDED TO GIVE MR. PAULLIN TWO WEEKS
TO COMPLY WITH FIRE CODES AND REDUCING THE FIRE HAZARD, THEN TO
CONTINUE WORKING TO COMPLY WITH THE ORIGINAL PERMIT. THEY ARE
ALSO REQUESTED TO GET INSURANCE TO PROTECT THE CITY FROM
POTENTIAL LIABILITY THAT MIGHT ARISE FROM NON - COMPLIANCE. Those two
objectives are to be met before the next Council meeting scheduled for September 16,
2003. The motion carried by unanimous voice vote. City Manager'Zais clarified that
because the resolution was not enacted we will bring back an amended resolution at
the next meeting on the chance it may be necessary.
* 9. Consideration of Resolution creating a drug free zone within one thousand feet
of the Southeast Community Center
RESOLUTION NO. R- 2003 -118, A RESOLUTION creating a drug free zone at and
within one thousand feet of the Southeast Yakima Community Center.
*10. Consideration of Resolution authorizing execution of agreement with Qwest
Corporation for inmate telephone service
RESOLUTION NO. R- 2003 -119, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an Inmate Telephone Service Agreement with Qwest
Corporation.
*11. Consideration of Resolution authorizing execution of professional services
agreement with Dueane Calvin for Water /Irrigation operations
RESOLUTION NO. R- 2003120 -, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a consulting services agreement with Dueane Calvin for the
purpose of obtaining consulting services regarding water resource management, and to
maintain a continuing presence within a variety of water resource related organizations.
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SEPTEMBER 2, 2003
*12. Consideration of adoption of Findings and Order regarding appeal filed by
Brenda Rockett of the Community Review Board decision
The Findings and Order dated August 19, 2003 in the matter of an appeal filed by
Brenda Mae Rockett of the Community Review Board decision for 715 North 3rd Street
dated May 21, 2003 was adopted by Council.
*13. Approval of the Second Quarter 2003 Revenue and Expenditure (budget) Report
The Second Quarter 2003 Revenue and Expenditure (budget) Report was approved.
*14. Approval of final contract payments (Standard Motion V -B: accept the project and
approve the final payment) for:
A. Naches River Intake Project
The report from the City Engineer, dated September 2, 2003 with respect to the
completion of the work on the Naches River Water Treatment Plant Raw Water
Intake project, performed by Apollo, Inc., was approved, the work accepted and
payment of the final estimates as therein set forth was authorized.
B. Chesterley Park Project
The report from the City Engineer, dated September 2, 2003, with respect to
the completion of the work on the Chesterley Park Improvements (soccer
fields), performed by Evans & Son, Inc., was approved, the work accepted and
payment of the final estimates as therein set forth was authorized.
*15. Set date of joint closed record public hearing with Yakima County for September
23, 2003 at 7:00 p.m. to consider the 2003 Comprehensive Plan Amendments
(excluding Irwin and Congdon applications)
September 23, 2003, at 7:00 p.m., was set as the date and time for a joint public
hearing with the Yakima County Commissioners to consider the findings and
recommendations of the Regional Planning commission on six of the eight amendment
requests submitted in 2003.
16. Set date of public hearing for October 7, 2003 at 7:00 p.m. to consider a SEPA
appeal filed by Congdon Orchards
Because with this hearing there would be three Council meetings scheduled for this
date, it was decided to defer the morning study session to a later date. PUCCINELLI
MOVED AND GEORGE SECONDED TO SET THE DATE OF PUBLIC HEARING TO
CONSIDER A SEPA APPEAL FILED BY CONGDON ORCHARDS FOR OCTOBER 7,
2003 AT 7:00 P.M. The motion carried by unanimous voice vote.
The date of open record public hearing on the SEPA Appeal filed by Congdon includes
three locations: 1) North of Nob Hill Boulevard, south of Midvale /Arlington, roughly
between South 69 and South 64 Avenues; 2) South of Nob Hill Boulevard, roughly
between South 67 and 64 Avenues; and 3) North of West Washington Avenue, west
of south 48 Avenue.
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SEPTEMBER 2, 2003
ORDINANCES
*17. Consideration of legislation relating to purchase of property for Yakima Center
parking
A. Resolution authorizing execution of Purchase Agreement with Red Lion for
property at 104 and 106 North 8th Street
RESOLUTION NO. R- 2003 -121, A RESOLUTION directing and authorizing the
City Manager of the City of Yakima, or his designee, to execute a Settlement
Agreement with WestCoast Hospitality Limited Partnership regarding the
acquisition of certain properties commonly known as 104 and 106 North 8th
Street, Yakima, Washington, the legal descriptions of which are attached hereto
and incorporated by reference herein as Exhibit "A ", for use by the City of
Yakima for the Yakima Convention Center Parking Lot Expansion Project and to
take any additional actions that may be necessary or appropriate to give full
force and effect to the basic terms and intent of the Agreement to acquire said
properties and to execute any and all other documents relating to the acquisition
of said properties.
B. First reading of Ordinance amending the 2003 budget and appropriating
funds for property purchase (Read ordinance by title only; pass ordinance after
second reading on September 16, 2003)
An Ordinance amending the 2003 budget and appropriating funds for the
purchase of property at 104 and 106 North 8 Street for the Yakima Convention
Center Parking Lot Expansion Project, was read by title only, and laid on the
table until September 16, 2003 for a second reading.
*18. Consideration of Ordinance adopting the Hearing Examiner's recommendation
and rezoning property at 718 North 34 Avenue, requested by Richard Ehlers
ORDINANCE NO. 2003 -56, AN ORDINANCE concerning land use regulation and
planning and rezoning, with conditions, a certain parcel of property located in the
vicinity of North 34 Ave. and Powerhouse. Rd. from Two - Family Residential (R -2) to
Multi - Family Residential (R -3) as more fully described herein, and approving, with
conditions, the recommendation of the Hearing Examiner for the City of Yakima
regarding Class (3) land use for operation of a professional office; Richard E. Ehlers,
as applicant herein.
*19. Second Reading of ordinance amending the 2003 budget and appropriating
funds for the Municipal Court/Police Department/Legal Center expansion project
An Ordinance amending the 2003 budget and appropriating funds for the Municipal
Court/Police Department/Legal Center expansion project, previously having been read
by title only, was brought before the Council for a second reading.
ORDINANCE NO. 2003 -57, AN ORDINANCE amending the 2003 budget for the City of
Yakima; and making an appropriation of $381,361 in the 333 — Law and Justice Capital
Fund for expenditure during 2003 to provide for building expansion /remodel to
accommodate Municipal Court.
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SEPTEMBER 2, 2003
*20. Second reading of Ordinance amending the 2003 budget and appropriating funds
for water /irrigation system improvements (Habitat Improvement Project)
An Ordinance amending the 2003 budget and appropriating funds for water /irrigation
system improvements (Habitat Improvement Project), previously having been read by
title only, was brought before the Council for a second reading.
ORDINANCE NO. 2003 -58, AN ORDINANCE amending the 2003 budget for the City
of Yakima; and making appropriations to provide for water /irrigation system
improvements from Unappropriated Fund Balances within the Water and Irrigation
Capital Funds for expenditure during 2003.
*21. First reading of Ordinances amending the 2003 Budget and appropriating
funds (Read ordinance by title only; pass ordinance after second reading
on September 16, 2003) for:
A. Irrigation Operating Budget to Irrigation System Improvement Fund
An Ordinance amending the 2003 budget and appropriating funds for transfer to
the Irrigation System Improvement Fund, was read by title only, and laid on the
table until September 16, 2003 for a second reading.
B. Yakima Valley Regional Library
An Ordinance amending the 2003 budget and appropriating funds to increase
the allocation of property tax revenue to the Yakima Valley Regional Library, was
read by title only, and laid on the table until September 16, 2003 for a second
reading.
C. Parks operating budget for Southeast Community Center and Parks and
Recreation retirement expenses
An Ordinance amending the 2003 budget and appropriating funds to provide for
retirement cashouts and partial year operation of the Southeast Community
center, was read by title only, and laid on the table until September 16, 2003 for
a second reading.
22. Other Business
Council Member Sims expressed serious concern about the Council being reduced to
five members. He suggested appointing someone until the election is finalized. City
Attorney Paolella clarified that the Council can appoint whomever they would like as
long as they lived within the appropriate district. This item will be brought up again at
the next Council meeting.
Debbie Moore, Executive Assistant to the City Manager, reviewed calendar options
with the Council for rescheduling the September 9 Public Hearing. SIMS MOVED
AND GEORGE SECONDED TO SET SEPTEMBER 30 AT 7:00 PM FOR THE
PUBLIC HEARING ON FINANCING OPTIONS. The motion carried by a unanimous
voice vote.
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SEPTEMBER 2, 2003
A petition to amend the pawnbroker's ordinance was brought up for discussion. It was
the consensus of Council to refer this request to the Council Public Safety Committee
to research and bring back to Council.
• Information Items:
Items of information provided to Council were: 8/27/03 Notice of Final Scoping for
Congdon, L.L.C. Comprehensive Plan amendment request; Draft agenda for the Yakima
Downtown Association and minutes of its August 7, 2003 meeting; Planning Assignments
Pending as of the Week of September 2, 2003; and Article from August 22/28, 2003 Puget
Sound Business Journal, "Yakima Visitors Center Highlights Wine Tourism"
23. Executive Session regarding Collective Bargaining and Pending Litigation
GEORGE MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE SESSION
REGARDING COLLECTIVE BARGAINING AND PENDING LITIGATION FOR
APPROXIMATELY 45 MINUTES WITH IMMEDIATE ADJOURNMENT THEREAFTER
TO SEPTEMBER 16, 2003 AT 7:30 A.M. FOR A PUBLIC HEARING TO CONSIDER
DRAFT LEGISLATION OPTIONS THAT WOULD ENACT RECOMMENDATIONS OF
THE CAPITAL FACILITIES COMMITTEE REGARDING THE REBUILDING /PAVING
OF ARTERIAL STREETS AND ALLEYS. The motion carried by unanimous voice
vote.
24. Adjournment
Following the Executive Session, the meeting adjourned at 6:39 p.m.
READ AND CERTIFIED ACCURATE BY • __,� ,
CSUNCIL ME SER DATE
kP e4 /° / 7 /e ) . 3
COU C
IL MEMBER D
ATTEST:
/7/ ./L
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
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