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HomeMy WebLinkAbout09/16/2003 Business Meeting 475 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL SEPTEMBER 16, 2003 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call 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 2. Invocation /Pledge of Allegiance Council Member Puccinelli gave an invocation, followed by the Pledge of Allegiance led by Council Member Sims. 3. Open Discussion for the Good of The Order /Special Presentation • A. Proclamations • Bringing the World to Eastern Washington Mayor Place proclaimed September 25 as Bringing the World to Eastern Washington Day. Barbara Glover from the Convention Center accepted the proclamation and reported that there will be 47 different countries represented on this tour. • In recognition of VFW Post 379 Council Member Barnett read a proclamation recognizing the programs performed in helping veterans and members of the armed forces and their families. Frank Beard accepted the proclamation. • In recognition of VFW Ladies Auxiliary Mayor Place read a proclamation recognizing Carolyn Hope, a member of the VFW Auxiliary who recently completed a term as State President and received national honors of outstanding leadership. Ms. Hope accepted the proclamation and spoke about a current project to help families whose husbands are currently overseas. Council Member Barnett reminded everyone that September 19 is Prisoner of War and Missing in Action Remembrance Day. • In appreciation of Paras Construction for work performed on Yakima Center Mayor Place read a proclamation in appreciation of Paras Construction for their management and completion of the Convention Center expansion project. They were • also recognized for using close to 70% local contractors. Terry Martin accepted the proclamation. B. Status report on prior meeting's citizen service request (if applicable) None 476 SEPTEMBER 16, 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. Rem No. 13 was removed and Items Nos. 9 and 15A were added to the Consent Agenda. Council Member George requested that Item 12 be removed from the agenda and deferred until there was a full Council. After discussion it was the consensus of Council to leave it on the 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 August 19, and September 2, 2003 Business Meetings - The minutes of the August 19, and September 2, 2003 business meetings 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, asked for status on the Kissel Park project. Chris Waarvick, Director of Public Works, advised that we have submitted a preliminary design and goals to Ohno Construction for their review and estimate of costs. He explained that there is no legal requirement to put the project out to bid and that it can be handled by a change order. Mr. Evans voiced his displeasure of the City's actions • on this project and in general. Council Member Sims and Mr. Evans agreed to set up a meeting to discuss previous work Mr. Evans has done for the City. Bobby Carter, 903 South Central Street inquired about the South East Community Center and the possibility of forming a citizens advisory group to take it over again. Mayor Place suggested he obtain a copy of the previous agreement that spells out the requirements to run the center and review it with the group. She also advised that there is a meeting tomorrow morning that they could attend. Mr. Carter said there is a powerful group of black people who will feel great offense if they lose the center. CITY MANAGER'S REPORTS 6. Report and Legislation regarding hazardous condition and debris abatement at 802 E. Russell Lane, Diane R. & Steven G -T Paullin (Continued from 8/19/03 and 9/2/03) Joe Caruso, Supervising Code Inspector, reported that this issue has come to a satisfactory conclusion for all parties. Mr. Paullin has rented a bulldozer and brought the property into fire code requirements. The Health District has taken over jurisdiction and has given Mr. Paullin one year to remove all of the tires. There is currently no need for any Council action. 2 • 477 SEPTEMBER 16, 2003 7. Report from Fire Department regarding Station Relocation Study Dennis Mayo, Fire Chief, advised this report was in response to Council direction during the 2001 budget and was prepared together with West Valley. It is a joint location study. The result is confirmation that our stations are appropriately located as is West Valley Station 1. COUNCIL MEMBER SIMS MOVED AND BARNETT SECONDED TO ACCEPT THE REPORT. The motion carried by a unanimous voice vote. 8. Consideration of Resolution regarding hazardous vegetation and debris in the vicinity of 3904 West Chestnut Royale Schneider, Code Enforcement Officer, described the situation at 3904 West Chestnut owned by Mr. Brian Reed. The property has received two notices this year and two in 2002 for hazardous vegetation. Brian Reed, owner, confirmed the information was correct but that he thought he had it cleaned up sufficiently, although he admitted the back yard is atrocious. He asked for two more weeks to clean it up himself. 0 Dennis Emerson, 3902 West Chestnut, questioned the idea of waiting an additional two weeks. Doug Maples, Planning and Code Enforcement Manager, explained that under the present municipal code there is a seven -day period before any action can be taken following passage of the resolution. The City then would clean the property and a lien would be placed for the cost of clean -up plus a $500 fine, approximately $700 in total. Mr. Reed agreed that if he doesn't get it cleaned up he would allow the City to come onto his property to abate it. Larry Ratts, 902 North 6th Street and a former member of the Community Review Board, expressed his opinion that to give further time undercuts the process. The City Clerk read the resolution by title only; SIMS MOVED AND PUCCINELLI SECONDED TO ADOPT THE RESOLUTION. PUCCINELLI MOVED AND GEORGE SECONDED TO AMEND THE MOTION TO EXTEND THE PERIOD TO 14 DAYS AND THAT THE PROPERTY OWNER WILL ALLOW THE CITY TO COME ONTO THE PROPERTY AT THE END OF THAT TIME IF IT HAS NOT BEEN ABATED. The amendment to the motion passed by unanimous voice vote. The amended motion passed by unanimous roll call vote. RESOLUTION NO. R- 2003 -122, A RESOLUTION authorizing the Code Administration and Planning Manager to clear certain weedy lots. * 9. Consideration of Resolution approving Community Development Block Grant funded contracts for community service agencies RESOLUTION NO. R- 2003 -123, A RESOLUTION authorizing and approving a total of $75,000 in grant requests to be funded from Federal Community Development Block Grant (CDBG) funds for community service projects in Yakima, Washington, and authorizing and directing the City Manager to execute all necessary contracts, between the City of Yakima and each of the approved community service agencies /entities. • 3 478 SEPTEMBER 16, 2003 The resolution authorizes grants to: • Campfire USA for Barge - Lincoln Mega Club project ($4,600) • Yakima School District No. 7 for Davis Library After Hours project ($16,934) • La Casa Hogar for Leadership Capacity Building project ($23,466) • Yakima Police Athletic Department for Youth Athletic and Non - athletic Programs ($30,000) 10. Consideration of Resolution authorizing execution of option to purchase trolley barn from Comprehensive Mental Health Bill Cook, Director of Community and Economic Development, explained that this is a request for a purchase option on the Yakima Interurban Electric Railway Barn and Museum at 3rd Avenue and Pine Street. This is not a request to purchase but for the option to purchase the property over the next five years. With this option we would be able to show control of the property in order to secure grants. Comprehensive Mental Health is preparing to build two new buildings making this an opportune time to establish a property line. The City Clerk read the resolution by title only; SIMS MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2003 -124, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding with Central Washington Comprehensive Mental Health regarding the trolley barn property. *11. Consideration of Resolution declaring property surplus and authorizing disposal of confiscated /surplus property and vehicles RESOLUTION NO. R- 2003 -125, A RESOLUTION declaring the attached list of property surplus and authorizing the sale of said confiscated property, vehicles and surplus property owned by the City. ORDINANCES 12. Second reading of Ordinances amending the 2003 Budget and appropriating funds for Irrigation Operating Budget to Irrigation System Improvement Fund Cindy Epperson, Financial Services Manager, explained that this appropriation is to transfer the rate adjustment from the operating budget to the capital budget. It does not spend the money; it just moves the money. The projects for the irrigation construction will be proposed in the 2004 budget process. The City is working on a bond ordinance for those funds. Council Member George said . he believes matters relating to the irrigation issue should be decided by a full Council, which we currently do not have. Council Member Barnett disagreed stating that the increase in rates is already being collected and it should go to the proper account. Dave Brown, Acting Water and Irrigation Manager, said that 60 days ago Council did raise the rates for irrigation and it goes into effect starting today. That money will be in the November and December payments and this gives us direction on where to put it. • 4 479 SEPTEMBER 16, 2003 Richard Ringer, 1308 Queen Avenue, took this opportunity to speak against the irrigation rebuild. Council Member Sims and City Manager Zais gave a brief explanation of activities and decisions to date on the irrigation issue. Discussion continued reiterating much of what was covered during the multiple public hearings on the subject. The City Clerk read the ordinance by title only; SIMS MOVED AND GEORGE SECONDED TO PASS THE ORDINANCE. The motion failed by a 3 -2 voice vote because it requires a super majority; George and Place voting nay. Council Member Barnett claimed that we should now rescind the increase in the irrigation rates that were passed earlier because we don't know where we're going on this issue. He said it was an administrative decision that has now become political. Rita Anson, Director of Finance and Budget, advised that the bonds most likely would be on the agenda for the second meeting in October or possibly the first meeting in November due to complexity and priorities. Council Member Sims expressed his frustration with the vote on this issue. Council Member Puccinelli asked about seating new members on the Council prior to the first meeting in January. He was informed that District 3 is being listed on the ballot as short term and long term; therefore, the new member would be seated as soon as the general election is validated. 13. Consideration of Ordinance amending the classification and compensation plan for certain employees including Parks and Recreation reorganization Council Member Puccinelli asked to review all the affected classifications. He was given a copy of the packet that had budget approval and was also approved by the Civil Service Commission. Denise Nichols, Parks and Recreation Manager, explained that they looked at blending positions together. The reorganization came up at the end of last year's budget preparation and it has taken nine months to develop the appropriate job descriptions, to work with a consultant, and to do salary surveys. Chris Waarvick, Director of Public Works, explained the financial impact as $19,000 annualized on the maintenance side and about $18,000 annualized on the recreation side for an approximate $38,000 annual impact. They eliminated a position to cover that increase as was submitted in the policy issue last year. City Manager Zais explained they had planned on this going forward because it was approved in the budget and the whole packet went in front of the Civil Service Commission. He then recommended deferring the decision until the next Council meeting. *14. Second reading of Ordinances amending the 2003 Budget and appropriating funds for: A. Yakima Valley Regional Library An Ordinance amending the 2003 budget and appropriating funds for the Yakima Valley Regional Library, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2003 -59, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making an appropriation of $130,000 in the 000 — General Fund for expenditure during 2003 to increase the allocation of property tax revenue to the Yakima Valley Regional Library. 5 480 SEPTEMBER 16, 2003 B. Parks operating budget for Southeast Community Center and Parks and Recreation retirement expenses An Ordinance amending the 2003 budget and appropriating funds for the purchase of property at 104 and 106 North 8 Street for Yakima Center parking, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2003 -60, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making appropriations of $71,775 within the 131 — Parks and Recreation Operating Fund for expenditure during 2003 to provide for retirement cashouts and partial year operation of the Southeast Community Center. C. Property purchase at 104 and 106 North 8th Street for Yakima Center parking ORDINANCE NO. 2003 -61, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making an appropriation of $154,000 in the 370 — Convention Center Capital Fund for expenditure during 2003 to purchase property to construct a parking lot. 15. Other Business City Manager Zais read a press release regarding the tentative wastewater odor litigation settlement agreement. The main points of the press release follow: • Lawsuit originated in 1998, 220 residents filed for $75,000 each, totaling $16.5 million. • Expanded into a class action lawsuit involving approximately 3,700 former and current property owners seeking $39 million. • Settlement will conclude all outstanding claims; settlement and release language will be recorded against the property. • City will pay $7 million and agree to the entry of a judgment with the Court for $13 million. • The $6 million difference between City's payment and the judgment will not be collected from the City. • Plaintiffs may seek to recover the $6 million difference from the City's insurance carriers. • Leaves open the potential that the City may also recover from the insurance carriers some, if not all of its defense costs and possibly some of the $7 million that it will pay to the Plaintiffs. • The City may continue to operate the Wastewater Treatment Facility within normal operational conditions. • The $7 million settlement will be paid through a revenue bond; a utility rate increase of 5% will be enacted to help pay a portion of the debt service expense of the bond together with existing resources from previous rate adjustments enacted for litigation costs. • The City will also issue another $8 million in revenue bonds to begin capital improvements to the Wastewater Treatment Facility which had been deferred due to the ongoing litigation. • At the end of the twenty -year revenue bond, the increase in utility rate revenues will end. 6 481 SEPTEMBER 16, 2003 • • Settlement sets a finite limit on financial exposure and secures protection from future claims. • Legislation for the settlement will be presented to the City Council October 7, 2003, and also must be presented to Yakima County Superior Court Judge Susan Hahn. • Information Items: Items of information provided to Council were: Agenda for the September 17, 2003 Community Review Board meeting; 9/10/03 Notice of Amended Application for Environmental Review (Larson Park); 9/11/03 Daily Report for Executives — Regulation & Law — Transportation Measure to Extend TEA -21 Programs Being Readied for Introduction in House; Planning Assignments Pending as of the Week of September 2, 2003; The Yakima County Labor Economy for July 2003; Fall 2003 New Vision / Yakima County Development Association, "In our Scope "; and Article from September - 15, 2003 The Progressive Populist, "Wal -Mart Needs More Power ?" 16. Executive Session regarding Pending Litigation COUNCIL MEMBER PUCCINELLI MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE SESSION REGARDING PENDING LITIGATION WITH IMMEDIATE ADJOURNMENT THEREAFTER TO SEPTEMBER 23, 2003 AT 7 :00 P.M. FOR JOINT CLOSED RECORD PUBLIC HEARING WITH YAKIMA COUNTY REGARDING 2003 COMPREHENSIVE PLAN AMENDMENTS (EXCLUDING CONGDON PROPERTIES), THEN TO SEPTEMBER 30, 2003 AT 7 :00 P.M., IN THE COUNCIL CHAMBERS FOR FINAL 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. 17. Adjournment Following the Executive Session, the meeting adjourned at 4:45 p.m. READ AND CERTIFIED ACCURATE BY: 4 ( 1�,��r..O Ste' D' COUNCIL MEMBER D TE / F. A k . 3 /5019 COUNCIL MEMBE !DATE ATTEST: 14/La,.. ;7/ :_ ,Z e 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 7