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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 • 461 SEPTEMBER 2, 2003 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. 2 462 SEPTEMBER 2, 2003 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. • 3 463 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. 4 464 SEPTEMBER 2, 2003 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, 5 465 SEPTEMBER 2, 2003 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. 6 466 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. 7 467 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. 8 466 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. 9 469 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 10