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HomeMy WebLinkAbout10/21/2003 Business Meeting CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL OCTOBER 21, 2003 - 2 :00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll 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 2. Invocation /Pledge of Allegiance Council Member Puccinelli gave an invocation, followed by the Pledge of Allegiance led by Council Member Barnett. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations • Week Without Violence Mayor Place read a proclamation declaring October 19 -25, 2003 as Week Without Violence. Jennifer Reisbic from the YWCA was present to accept the proclamation. B. Special Introduction: Tim Trottier was introduced as the CEO of the Yakima Regional Medical Center (HMA). One of the many commitments HMA made when they came into town was to report regularly to the city and the community on progress in healthcare in the valley. Mr. Trottier reported the 1,000 jobs at the hospital are more secure today than ever before. He also announced the addition of an MRI to their campus, a service never before available on a hospital campus in Yakima. He advised that there are two construction projects in the works; a premier open -heart care center, and expanding the emergency department. They expect construction on the heart care center to begin in January with completion by April 2004, and have hopes of completing the emergency department expansion by September 2004. C. Status report on prior meeting's citizen service request (if applicable) None 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. 12 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. GEORGE MOVED AND SIMS 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.) .9 OCTOBER 21, 2003 *A. Approval of the minutes of the September 30, 2003 Adjourned Business Meeting and October 7, 2003 Special and Business Meetings The minutes of the September 30, 2003 Adjourned meeting and October 7, 2003 Special and 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 Pat McCarthy, 709 Beacon Avenue, spoke about the graffiti problem. In a conversation with a City employee who paints over the graffiti in the city, he • discovered he has a regular route. Mr. McCarthy suggested that, if the graffiti is happening in the same place regularly, we could use a small video camera to catch the perpetrators. He implored the City Council to not let the kids get away with this. Mayor Place explained the new legislation on graffiti and how it is taking some time to get it set up. Larry Mattson, 2810 Shelton Avenue, spoke for the Graffiti Committee and talked about the diversion program. It was suggested that a status update be given at the next Council Meeting on November 4 . Rick Beck, German instructor for the West Valley School District, presented the offer from Gustrow, Germany to become a sister city. He distributed information and gifts from the City Council and Mayor of Gustrow. Gustrow is a city in the north of eastern Germany and has developed a history with Yakima with exchange teachers and students for several years. Beyond exchange students, there have also been visits each way by local choirs. An exchange teacher, Ilka Heinrichs, will be bringing an official letter to Mayor Place on Thursday. Mayor Place said the City would look into the proper procedure for establishing the sister city relationship. Peter Dell, Custom Remodeling, Inc., spoke as a concerned taxpayer about Initiative 841. He asked what the impact the failure of this initiative would have on city employees and their jobs? He questioned the City's budgetary plans if the initiative failed. He urged the Council to support passage of this initiative. City Manager Zais responded that the initiative is a policy decision for the voters of the state and is a mandate that L &I has prescribed for all employees. He claimed the City will do whatever is required.. Neil McClure, 5708 Englewood Avenue, thanked citizens of Yakima for an outstanding Operation Harvest. He claimed the 21 annual Operation Harvest was an outstanding success receiving over 87,000 Ibs of food and over $22,000 dollars. Mike Murphy, 4411 Snow Mountain Road, referred to a status request he made two weeks ago on the Jude Doty project and complained he hadn't received anything yet. Joe, Caruso, Supervising Code Inspector, said the progress report was delayed because there wasn't a lot of activity to report. It was requested that a progress report be issued every other week even if there was little activity. 2 x;10 OCTOBER 21, 2003 Ed Cunnington,108 North 45 Avenue, expressed the frustration he and his neighbors have felt over the Doty project. He described the ongoing problems with dust and mud and his concern that they will go through another winter without the problems being resolved. Jim Evans, 4405 Summitview Avenue, repeated his previous Council appearances regarding problems he has experienced in contracting with the City. He claims that no one at the City will sit down and listen to him and, as a result, he would be taking them to court. Bob Tenney with Meyer, Fluegge and Tenney at 230 S 2 street, said they did an independent review of the situation with Kissel Park. In reviewing the contract, the allegations, and all the paperwork, they concluded that the claims were not appropriate to pay. Mr. Evans is correct that the contract provides specific remedies if he thinks his company has not been treated fairly but those remedies are not in this forum or with these decision makers. CITY MANAGER'S REPORTS 6. Consideration of Resolution authorizing the transfer of a portion of Larson Park (known as Noel Field) to Yakima Valley Community College Chris Waarvick opened the item for discussion noting that if the resolution passed, Noel field would be transferred to the college for their purposes. The item has gone through an extensive SEPA environmental process. Yesterday was the last day of the appeal period and no appeals were received. The City Clerk read the resolution by title only; SIMS MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. Ann Miller, 5711 Richey Road, said, that although she is on the Board of Trustees for the College, she was speaking today as a resident and taxpayer. She spoke in support of the property transfer saying the college wishes the best for the community and hopes the community will join with them to figure out what kinds of programs are needed and what kinds of things we can be doing as a community. Nancy Kendrick, South 18 Avenue, spoke against the property transfer saying it was not part of Rose Larson's plan. Scott Willson, 66 Avenue, spoke against the property transfer. Larry Mattson, 2810 Shelton Avenue, noted he thought the College's master plan must go through the SEPA process and that would allow another opportunity for the community to comment. Mayor Place said it would be looked into. Jim Scoggins, 4603 Conestoga Boulevard, referenced an earlier property transfer in which the City Council included the original covenants. He recommended that, if this transfer is completed today,'it should be under the same terms that accompanied the previous transfer of the larger portion. 3 a1 OCTOBER 21,2003 Bill Fowler, 2207 Barge Street, agreed with Mr. Scoggin's recommendation. He claimed the effect of this proposed amendment to the motion would be to make it quite clear to the public that this council respects the wishes of the grantor of the land and wishes to honor those wishes. SIMS MOVED AND GEORGE SECONDED TO AMEND THE MOTION TO INCLUDE THE COVENANTS WITH THE DEED OF TRANSFER. The motion carried by unanimous voice vote. The question was called for a vote on the amended resolution. The motion carried by a unanimous roll call vote. RESOLUTION NO. R- 2003 -131, A RESOLUTION authorizing and directing the transfer of a portion of Larson Park to Yakima Valley Community College, and authorizing and directing the City Manager of the City of Yakima to execute all necessary documents with and in favor of Yakima Valley Community College necessary to transfer said property to Yakima Valley Community College. 7. Presentation of the 2004 Budget Forecast and set dates of public hearings on: A. November 4, 2003 to consider Ad Valorem Property Tax legislation November 4, 2003 was set as the date of public hearing to consider the 2004 Ad Valorem Tax. B. November 18, 2003 on the 2004 Proposed Budget Mayor Place announced that we will be having a public hearing on the ad valorem tax and because the implicit price deflator is more than 1% this issue will only require a majority vote rather than a super majority as in the past. City Manager Zais gave opening comments on the City's 2004 Preliminary Budget Forecast covering the following major points: • Austere budget framed within existing resources • No new taxes to balance budget • The general government budget for 2004 is $46.5 million compared to 2003 of $46.6 million. • Total budget is nearly $137 million compared to an amended 2003 budget of $149 million (amended by $7 million on the odor settlement) • Constrained revenue growth, therefore, must contain and restrain spending • Increases in fixed, mandated, and contractual costs (salaries, medical costs, liability insurance, pensions) of close to a million dollars in the general budget, but did not increase the budget by a million, rather reduced expenses to accommodate • Many uncertainties pertaining to annexation, the economy, the settlement of labor negotiations • Possibility we may not be able to afford all desired public services • Prepared a contingency,reduction plan calling for an additional 5% reduction in general government spending • Described investments in economic development initiatives and activities that are improvements to the community 4 1 OCTOBER 21, 2003 • Public infrastructure - Over the next 3 -5 years will invest $70 million in the community that will provide jobs • We're trying get federal and state resources • Will be investing in local contractors rather than adding employees • Full array of city services costs a family of four about $1800 a year— compares favorably to other jurisdictions Randy Beehler, Telecommunications Manager, presented the budget process • through a Power Point demonstration. It covered the status of the City's budget, how the revenue compares to costs, what is being done to stay balanced, and what the future may hold for the budget. The bottom line was that something has to change with regard to the budget. The City is soliciting volunteers for a budget strategy team made up of citizens and Council members to develop a strategy to keep the community fiscally strong. GEORGE MOVED AND SIMS SECONDED TO SET NOVEMBER 4, 2003 AS THE DATE OF PUBLIC HEARING TO CONSIDER THE 2004 AD VALOREM TAX AND TO SET NOVEMBER 18, 2003 AS THE DATE OF PUBLIC HEARING FOR THE 2004 PROPOSED BUDGET. The motion carried by unanimous voice vote. Following a brief break, the meeting reconvened at 4:10 p.m. *8. Consideration of Resolution authorizing the execution of a Quitclaim Deed and other documents for the sale and transfer of property at 1008 South Naches Avenue to the Noel Corporation RESOLUTION NO. R- 2003 -132, A RESOLUTION directing and authorizing the City Manager of the City of Yakima, or his designee, to execute a Quitclaim Deed and all other documents necessary for the sale and transfer of a certain parcel of City property lying adjacent to and directly north of property that is commonly known as 1008 South Naches Avenue, Yakima, Washington, the legal description of which is attached hereto and incorporated by reference herein as Exhibit "A" to the Noel Corporation and to take any additional actions that may be necessary to sell said property. *9. Consideration of Resolution authorizing permit, and waiving permit fee, for public display of fireworks at Zaepfel Stadium for Eisenhower High School's homecoming on October 24, 2003 RESOLUTION NO. R- 2003 -133, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks and waiver of the $50.00 permit application fee on behalf of Eisenhower high School ASB. *10. Consideration of Resolution authorizing execution of agreement with I Corps and Fort Lewis for Emergency Response Team Assistance in exchange for I Corps services and equipment for the Police Department RESOLUTION NO. R- 2003 -134, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Mutual Aid Agreement with I Corps and Fort Lewis for the purpose of providing Emergency Response Team and other assistance in exchange for I Corps services and equipment. 5 13 OCTOBER 21, 2003 *11. Consideration of Resolution authorizing execution of professional service agreement with Cabot Dow Association for labor negotiations consulting services RESOLUTION NO. R- 2003 -135, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with Cabot Dow Associates, Inc. for the provision of labor negotiation consulting services. 12. Approval of final contract payment for Kissel Park Improvements project (Standard Motion V - B; accept project and approve final payment) Lynne Kittelson, 305 North 9 Street, questioned the information provided on this item. She expressed concern about there being change orders of approximately one -third the original bid and questioned why there is still a drainage problem. Kay Adams, City Engineer, said the change orders were to handle changed conditions, additional quantities of soil, and also included payment for demobilization and remobilization of equipment. He agreed that the change orders were excessive. He said they were putting in a drainage retention trench that is not included in the contract payment. Originally there were drains around the playing courts themselves but the contractor said that was west -side technology and not needed. But, there was also the need for more drainage on the site. Council Member Puccinelli asked for a breakdown on the costs to fix this project. Mr. Adams said the drainage was not included in the original design. Although there were reasons why, they were not discussed. He estimated it would cost approximately $45,000 to correct the drainage. SIMS MOVED AND GEORGE SECONDED TO APPROVE FINAL CONTRACT PAYMENT. The motion carried by unanimous voice vote. *13. Set date of public hearing for November 4, 2003 for a closed record public hearing to consider the Hearing Examiner's recommendation on the rezone of property located at the NE corner of Douglas Drive and North 42 Avenue, requested by Dr. Michael Taylor November 4, 2003 was set as the date of closed record public hearing on a rezone requested by Dr. Michael Taylor for property located at the NE corner of the intersection of Douglas Drive and North 42 Avenue. ORDINANCES 14. Consideration of options to enact the recommendations of the Capital Facilities Committee re the rebuilding/paving of arterial streets and alleys presented as follows: Option 1: Consideration of 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 6 14 OCTOBER 21, 2003 Option 2: Consideration of 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 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 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 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 on these recommendations (do nothing) PUCCINELLI MOVED AND BARNETT SECONDED TO APPROVE OPTION 5 AND TAKE NO ACTION ON THESE RECOMMENDATIONS. Mary McDaniels, 905 Walker Street, said that as a bus rider and a pedestrian there is an urgent need to do something about the lack of sidewalks as a safety issue. She also commented that road conditions are horrible and something must be done. In her opinion, doing nothing is not an acceptable option. Council Member Barnett clarified that this isn't an option to do nothing, but to take no action on these particular recommendations. Ron Anderson, 605 South 53 Avenue, spoke about the recent forum at the Sundome for first time homebuyers saying it was flooded with people who currently are renters looking to buy their first home. Most of them are very low income with borderline ability to purchase property. Because of this, he supports the motion to take no action. He claimed the increase in utility taxes and the proposed increase in the real estate tax will take many of the people out of the home buying market. Bill Hambleton, 615 South 32 Avenue, agreed with the motion to take no action on this document. He recommended the City do what they can for now until we can get out of the financial hole we're in throughout the entire state. His main point was that we have to keep the roads going but we cannot afford the economics of taxing utilities to pay for it. Lynne Kittelson, 305 North 9 Street, invited Council to take a ride on the bus for a first -hand look at the streets that need fixing. She also recommended the Council look at the Jacksonville, Florida plan that she became aware of through Henry Luke. She also chastised Council in the way they treat people who come into the Council meetings. Larry Mattson, 2810 Shelton Avenue, said the fundamental issue is maintaining and improving the streets we have inherited. He referred to damage claims the City receives because of damage incurred on ill repaired roads. He claimed that 274 cities in the state have adopted the second 1 /4% Real Estate Tax and make it 7 15 OCTOBER 21, 2003 work. He alluded to opportunities for resources available to the new homebuyer and explained that the tax was approved by the Legislature as an alternative to impact fees because impact fees were seen as a death sentence to homebuilding. He is in favor of option 4, adopting Y4% Real Estate Tax that is predicted to generate about $400,000 a year. He also recommended that the City staff annually prepare a two -page status report taking technical information and turning it into a format that people can understand. Council members got involved in the discussion on 1) a simple project turned complex, 2) Title 12 standards, and 3) taxation not being the only means to resolve the problem. Neil McClure, 5708 Englewood Avenue, said he was speaking as a citizen not as the Chairman of the committee or a City Council Candidate. He supported Option 4, and broke it down into three areas; • Recommend the City not form any 50/50 partnerships for residential streets as they are always the responsibility of the homeowner. • Recommend forming a committee consisting of Council, citizens, business owners, etc. to look into other funding beyond taxes. Let the people be part of the solution. • Maintenance of the arterial streets go to the people for a vote, but first make sure people are informed using multiple forums to explain options and leveraging dollars, the potential of taxing public utilities. Title 12 standards again came up for discussion. The question was called for a vote on the motion. The motion failed by 3 -2 roll call vote; Place, Sims, and George voting nay. Council Member Barnett expressed his believe that this is the wrong source of money to support roads and spoke about the high percentage of people below the poverty level in Yakima. The City Clerk read the ordinance by title only; GEORGE MOVED AND. SIMS SECONDED TO PASS THE ORDINANCE APPROVING THE SECOND QUARTER PERCENT REAL ESTATE TAX FOR STREET IMPROVEMENT AND DEVELOP A PAY -AS- YOU -GO PLAN. Council Member Puccinelli spoke against this motion saying it will be a roadblock to growth for the city. Kevin Patrick, owner of property and two businesses in Yakima, said that business owners are fed up. He spoke about the recent utility tax increase and the huge L &I increase, and that this just adds fuel. He claimed Yakima's streets are beautiful compared to other cities in the nation and it's ridiculous to think they are in dire straights. Union Gap has had the trashiest streets in the valley for years and years, yet that is where business is moving. Sandra Swanson, 6 South 2 " Street, said increasing taxes is not the answer. Mike Murphy, 4411 Snow Mountain Road, agreed with Council Member Puccinelli that if the city keeps raising taxes everyone will move to Union Gap. The question was called for a vote on the motion. The motion carried by 3 -2 roll call vote; Barnett and Puccinelli voting nay. 8 16 OCTOBER 21, 2003 ORDINANCE NO. 2003 -65, AN ORDINANCE relating to the real estate excise tax of Chapter 3.79 of the City of Yakima Municipal Code; imposing an additional quarter percent (.25 %) real estate excise tax to financing capital projects specified in the City of Yakima capital facilities plan element of the Comprehensive Plan; and amending Sections 3.79.010, 3.79.030, and 3.79.040 of the City of Yakima Municipal Code. Discussion continued on the idea of forming a committee to globally review needs, funding, Title 12 standards, and holding city -wide forums for people to get a better understanding of costs and benefits. SIMS MOVED AND GEORGE SECONDED TO ESTABLISH A FORUM OF ALL STAKE HOLDERS TO REVIEW OPTIONS TO DEAL WITH THE FUTURE OF STREET REPAIR NEEDS. This would allow all interested parties the chance to review options whether it is cost efficiency, revenue controls including the ones presented to date, and standards. The motion carried by 4 -1 roll call vote; Barnett voting nay. The City Clerk read the resolution by title only; SIMS MOVED AND GEORGE SECONDED TO ADOPT THE RESOLUTION. It was clarified that the additional quarter percent tax will be collected but not spent until it comes back to Council for approval. The question was called for a vote on the motion. The motion carried by 4 -1 roll call vote; Puccinelli voting nay. RESOLUTION NO. R- 2003 -136, A RESOLUTION to direct consideration of recommendations from the Capital Facilities Committee as revised or amended by the Yakima City Council regarding arterial and gravel street financing options to the Transportation Plan Update and Capital Facilities Plan Update of the Yakima Urban Area Comprehensive Plan. *15. Second reading of ordinance amending the 2003 budget and appropriating funds for odor litigation settlement and mandated Wastewater Treatment Plant improvements An Ordinance amending the 2003 budget and appropriating funds for the odor litigation settlement and mandated Wastewater Treatment Plant improvements, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2003 -66, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making appropriations to provide for settlement costs of the odor litigation and certain capital improvements to the City's wastewater system from Unappropriated Fund Balances within various Funds for expenditure during 2003. *16. Second reading of ordinance amending the 2003 budget and appropriating funds for Refuse employee retirement cash -out and temporary staffing An Ordinance amending the 2003 budget and appropriating funds for Refuse employee retirement cash -out and temporary staffing, previously having been read by title only, was brought before the Council for a second reading. 9 17 OCTOBER 21, 2003 ORDINANCE NO. 2003-67, AN ORDINANCE amending the 2003 budget for the City of Yakima; and making an appropriation of $20,000 in the 471 — Refuse Fund for expenditure during 2003 to provide for a retirement cash -out and temporary staffing. 17. Other Business • Information Items Items of information provided to Council were: Agenda for the October 21, 2003 City Council Transit Committee meeting; Notice of October 20, 2003 Focus Forum Luncheon and October 21, 2003 Chamber of Commerce Business After Hours ; Agenda for the October 23, 2003 Hearing Examiner meeting; Planning Assignments Pending as of the Week of October 21, 2003; Agenda for the October 13, 2003 Parks and Recreation Commission meeting and minutes of its September 8, 2003 meeting; and U.S. Mexico Sister Cities September 2003 newsletter " 18. Executive Session regarding Collective Bargaining, and Pending / Prospective Litigation SIMS MOVED AND GEORGE SECONDED TO ADJOURN TO EXECUTIVE SESSION ON PENDING /PROSPECTIVE LITIGATION FOR APPROXIMATELY 30 MINUTES FOLLOWED BY ADJOURNMENT TO NOVEMBER 4, 2003 FOR A STUDY SESSION ON MANDATED PRETREATMENT ORDINANCE. The motion carried by unanimous voice vote. • 19. Adjournment Following the Executive Session, the meeting adjourned at 6:42 p.m. READ AND CERTIFIED ACCURATE BY _. , 0 r D COUN IL M MBER bA E 601.0.-114(2 i ✓ Aycy .r1c COUNCIL MEM D ATTEST: . Ka 2 / , CITY CLERK MARY PLACE, MAYOR I/ Minutes prepared by Linda Watkins. A tape of this meeting is available in the City Clerk's Office 10