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HomeMy WebLinkAbout01/20/2004 Business Meeting 114 BUSINESS MEETING JANUARY 20, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, Assistant City Attorney Mabee, City Attorney Paolella (present after 2:43 p.m.), and City Clerk Roberts 2. Pledge of Allegiance Council Member Whitman led the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations • Washington Beef.& Dairy Week - Mayor George read a proclamation declaring January 7 through 24, 2004 as Washington Beef & Dairy Weeks. B. Status report on prior meeting's citizen service request of applicable) None 4. Consent Agenda Mayor George 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. 17 was added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND PLACE 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 December 3, 2003 Adjourned Business Meeting The minutes of the December 3, 2003 Adjourned 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 Lynne Kittelson, 305 North 9 Street, noted that the State of the Community is discussing transportation issues tonight at 7 p.m. at the library. Shelley Willson and Joan Davenport from the Street and Traffic Division are doing the presentation. Mrs. Kittelson advised that the topic for the February meeting will be Land Use and Zoning. Council members and the public are invited to attend. 11:5 JANUARY 20, 2004 Lawrence Breer, 2911 Shelton Avenue, representing the Yakima Valley Peace Advocates, asked the Council to pass a resolution to establish a policy relating to the Patriot Act. Following the reading of the resolution in its entirety, there was a general discussion on the issue. It was noted that this resolution has not yet been presented to the County Commissioners. Mayor George suggested the issue be reviewed by the Legal Department before Council proceeds. It was also noted that the Patriot Act sunsets in 2005. Clarence Gibson, 1315 South 40 Avenue, registered concern about delaying action on the item. He also spoke in favor of the resolution stating we need security but do not want to give up our rights. Richard Gaulke, 209 South 67 Avenue, requested a date be established to deal with the Patriot Act issue and also recommended the Council contact other cities that have implemented similar resolutions to determine if it has caused any problems. Aileen Kane, 701 South 14 Avenue, gave her support of the resolution regarding the Patriot Act. Heidi Videgar, 707 North 2nd Street, gave her support for the resolution against the Patriot Act. BONLENDER MOVED AND EDLER SECONDED TO PUT THE RESOLUTION ON THE AGENDA FOR THE FEBRUARY 3, 2004 COUNCIL MEETING. The motion failed by a 4 -3 voice vote; George, Place, Sims and Whitman voting nay. Mary McDaniels, 905 Walker Street, spoke in favor of approving the resolution. She also voiced support of an increase in rates for the taxi owners. Evan Basford, Lowell Felitz, and Jerry Patton, all spoke in support of increasing the taxi rates. Mayor George requested further information and Council Member Place asked the Finance and Legal staffs to work with them to bring back a proposal. Brother Warren, of the Episcopal Religious Order, 308 East Yakima Avenue, spoke about the proposed request for funding of a hotel to be built where the Yakima Mall was located. He questioned what this would give the downtown, the poor, the downtrodden, and the homeless. He commented on the difficulty these people experience in getting to a mall when there is no bus transportation to Union Gap. Mayor George advised him that the City has been encouraging the Union Gap City Council to consider offering bus service through the extension of Yakima Transit. He requested Brother Warren appear before the Union Gap City Council and make that request. He was also advised that there will be a public hearing held soon on the Section 108 loan funds where he will be able to express his opinion on the subject. Robert Owen, 614 North 3rd Street, submitted a suggestion to reroute transit buses to reduce expenses in order to eliminate the fare boxes. Joe Mann, 6 North 3rd Street, presented each Council member with a book, The Home Town Advantage by Stacy Mitchell, that deals with some of the issues faced by Council this year. 6. This item number was inadvertently left blank. • 2 116 JANUARY 20, 2004 SPECIAL PRESENTATION 7. Consideration of motion to endorse Yakima School District No. 7's ballot issue listed as "Replacement Maintenance and Operation Levy" (The public is invited to speak for or in opposition as to whether or not the City Council should support the levy.) Ben Soria, Superintendent of the Yakima School District, spoke in favor of the proposed school levy that will be up for a vote on February 3 He explained how approximately 8% of the district's funding comes from levies. Although it is called a local maintenance and operation levy it is not for building maintenance but for money to support and operate the school system. The original intent of levies was to provide funds necessary to enrich the education program with things not normally covered. Due to continuous reduction in state funding, the levy now goes to fund the basic needs of the school. The proposed levy is a replacement levy and will generate approximately $10.3 million the first year and increase approximately 2% per year for the remaining three years. If the levy passes, the school district will be able to continue their momentum as they are in the midst of a major transformation. The state has raised the bar for students and the federal government has raised the bar by enacting the "No Child Left Behind" legislation with major punitive measures against schools for failing to meet these goals. If the levy fails, the Toss would not be just the $10 million but would total $16.5 million since the state provides levy equalization funds that are available only if the levy passes. Mr. Soria spoke about economic development being grounded in a quality education system. Individuals looking to relocate to Yakima want to know what the schools are like. If we lose the financial support provided by this levy, we will not attract people. He requested Council go on record as supporting this levy. Citizens speaking in favor of the levy were Mary McDaniels, Robert Owen, and Lynne Kittelson. Police Chief, Sam Granato, also spoke in favor of the levy emphasizing the impact to the resource officers that work with the school districts. PLACE MOVED AND SIMS SECONDED TO FORMALLY ENDORSE THE YAKIMA SCHOOL DISTRICT LEVY. The motion carried by unanimous voice vote. CITY MANAGER'S REPORTS 8. Consideration of report from Yakima County regarding status on the Adverse Abandonment Application for a portion of the Naches Railroad Line between the City of Yakima and the Town of Naches Phil Hoge, Yakima County Senior Planner, gave a brief overview and history of the rail line between Yakima and Naches. Burlington Northern /Santa Fe conveyed this portion of the rail line to YILA (Yakima Interurban Line Association) but they retained sub - service rights in that corridor to locate pipelines or telecommunication lines. Therefore, they still have an interest in the right -of -way. In 1999 the Department of Transportation loaned $1.5 million to YILA to complete the rehabilitation of this line but, by 2000, it became clear it wasn't going to be completed. Since 2001, the County has been working with interested organizations to see about preserving the property. In April 2002 they learned that one of the property owners was contemplating an adverse abandonment for one mile of the line that passes through their property, 3 117 JANUARY 20, 2004 located across from the City's water treatment plant. The County hired Charles Montange, a Seattle attorney, to represent them before the Surface Transportation Board. The DOT and Level 3 Communications have also filed letters opposing the abandonment. The County is currently waiting for the Surface Transportation Board to act on these letters. MCCLURE MOVED AND PLACE SECONDED FOR THE CITY OF YAKIMA TO DRAFT A LETTER SUPPORTING YAKIMA COUNTY'S POSITION AGAINST THE REQUESTED ABANDONMENT. Council Member Bonlender clarified that if the abandonment went through there would never be any chance of a rail going through or of connecting the Greenway. With further discussion it was pointed out that the abandonment of that one mile would, in essence, impact all the line toward Naches. The City could lose their easement rights. The question was called for a vote on the motion. The motion carried by unanimous voice vote. *9. Consideration of Resolution authorizing execution of contract with Wardell Associates for design of fire -rated storage structure for the Public Works Shop RESOLUTION NO. R- 2004 -06, A RESOLUTION authorizing the City Manager to execute an architectural services contract between the City of Yakima and Wardell Architects, P.S. for design and construction management of a Public Works fire rated storage structure. *10. Consideration of Resolution authorizing execution of agreements with various outside training agencies for 2004 Fire Department employee training RESOLUTION NO. R- 2004 -07, A RESOLUTION authorizing and directing the Fire Chief of the City of Yakima to execute Training Services Agreements that are substantially in accord with the attached "Training Services Agreement" in order to obtain professional training services for Fire Department employees during 2004. *11. Consideration of Resolution authorizing execution of sole source agreement with Western Equipment Distributors, Inc. for commercial lawn care equipment maintenance and repair services RESOLUTION NO. R- 2004 -08, A RESOLUTION authorizing the City Manager to execute, as a sole source agreement without calling for bids, an agreement between the City of Yakima and Western Equipment Distributors, Inc. whereby said entity shall provide annual maintenance and as- needed repair services for commercial Toro lawn care equipment by commercially certified Toro technicians. • *12. Consideration of Resolution authorizing execution of lease agreement for high- speed copy machines for the City Hall Print Shop RESOLUTION NO. R- 2004 -09, A RESOLUTION of the City of Yakima, Washington, approving and authorizing the acquisition of a high speed copy machine in the amount of not to exceed $100,000 pursuant to the Master Tax - Exempt Installment Purchase Agreement with Key Municipal Finance. 4 11 JANUARY 20, 2004 *13. Consideration of Resolution authorizing execution of professional services agreement with RHW Consulting Services to provide human resources consulting services RESOLUTION NO. R- 2004 -10, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and RHW Consulting Services for the continuing provision of human resources /management consulting services. *14. Consideration of Resolution authorizing execution of agreement with Yakima County and People for People for Upper County transit services for elderly and handicapped RESOLUTION NO. R- 2004 -11, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute agreement documents with Yakima County Office of Aging and Long Term Care (ALTC) and People For People, Inc. for transportation services for the elderly and handicapped city residents for 2004. *15. Consideration of Resolution authorizing execution of professional services contract with Interlocking Software, Inc. to design new Utility /Customer Service system RESOLUTION NO. R- 2004 -12, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a consulting services agreement with Interlocking Software Corporation to analyze the utility billing /customer service system requirements of the City of Yakima Finance Department. 16. Consideration of Motion initiating a 30 -day public comment period and setting date of public hearing on February 3, 2004 to consider amending the Community Development Block Grant Annual Action Plan Amendment for Section 108 Loan Funds Bill Cook, Community and Economic Development Director, made the following points to clarify this issue: • This agenda item is not a commitment to Joe Morrier and his partner for their hotel project. • It is a request to amend the Community Development Block Grant Annual Action Plan that will be required if we want to support any additional projects. • The amendment could be delayed until next fall but we could not support a project until the 60 -90 day amendment process is completed. • Only after the Action Plan Amendment is completed will we be able to submit a project request to HUD. • We can amend the Action Plan without identifying a specific project, but we could not go any further. Council Member Bonlender re- emphasized the need for it to be clear that supporting this proposal only allows us to amend the Action Plan and does not make a statement supporting Mr. Morrier's hotel project. Council Member McClure questioned the timing on this change, does it need to be done now. Mr. Cook advised that no project can be done without going through this process first. From a timing standpoint, with the loan and grant agreement signed in 2000 we said we would commit those dollars by February of 2005. The question becomes, if we bring in an additional $3 million and 5 119 - JANUARY 20, 2004 go back and amend that loan agreement with HUD (not part of today's requested action), are we then saying we would also commit that $3 million by February of 2005? That would be the shortest timeframe. Discussion continued on the importance of obtaining all the tools to put-the City in a position to act when, and if, a good project comes forward. It was clarified again that this request is separate and not a commitment to the hotel project that was presented in the study session earlier today. This would be a public hearing on the Section 108 Loan Program itself, amending our plan for next year so the funds are available in case we have a viable project. Council Member McClure expressed concern about rushing into increasing the amount and the possible time constraints as a result. Mr. Cook assured him that holding the public hearing and the 30 -day comment period does not require a decision to be made on February 17 The public hearing could be continued if that was determined necessary. George Pechtel spoke about his reaction to the morning study session on Joe Morrier's hotel project. He was impressed with the partnership and the commitment • shown for the project and for downtown Yakima. Lynne Kittelson, 305 North 9 Street, personally thinks we need this money and supports amending the Action Plan. SIMS MOVED AND BONLENDER SECONDED TO OPEN THE 30 -DAY COMMENT PERIOD AND TO SET FEBRUARY 3, 2004 AS THE DATE FOR PUBLIC HEARING ON THE 2004 CBDG ANNUAL ACTION PLAN AMENDMENT FOR THE 108 LOAN FUND WITH THE UNDERSTANDING THAT IF ALL QUESTIONS ARE NOT ANSWERED THE HEARING COULD BE CONTINUED. City Manager Zais pointed out that there is a process that must be followed no matter what the project is. It just happens that Joe Morrier's project is the only one on the table at this point. At the end of the public hearing, the Council can extend, continue, close, take no action, or take action that might begin further steps towards this project. There are important questions that need to be answered on the hotel project that may trigger further decision making down the road. There needs to be some indication to the developer that there is an interest, and a desire to see additional information to help Council make a decision. We don't want to lose valuable time for the businessman, but at the same time we don't want the public to be confused about what is being discussed in the public hearing. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. Council initiated -a 30 -day public comment period on amending the 2004 Community Development Block Grant and HOME Draft Annual Action Plan to include authorization for up to an additional $4,200,000 and set a date of public hearing on February 3, 2004 to consider amending the Community Development Block Grant Annual Action Plan for Section 108 Loan Funds. 6 120 JANUARY 20, 2004 ORDINANCES *17. Consideration of Ordinance amending the Yakima Municipal Code relating to parking permits in the downtown lots (requested by the Yakima Downtown Association) ORDINANCE NO. 2004 -02, AN ORDINANCE relating to long term parking in parking lots in the downtown area that are owned by the City of Yakima; increasing the total number of long term parking permits that may be issued for parking Tots in the downtown area that are owned by the City of Yakima; and amending section 9.50.220 of the City of Yakima Municipal Code. *18. Consideration of legislation regarding IAFF Local 469 (Fire LEOFF) labor settlement: A. Resolution authorizing execution of amendment of the 2001 -2003 labor contract with IAFF Local 469 for 2003 RESOLUTION NO. R- 2004 -13, A RESOLUTION authorizing and directing the City Manager of Yakima to execute an Addendum to the 2001 -2003 Collective Bargaining Agreement between the City and the International Association of Firefighters Local 469 (Fire LEOFF) regarding 2003 wages and aircraft rescuer premium pay. B. Ordinance amending the Classification and Compensation Plan for IAFF members ORDINANCE NO. 2004 -03, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective February 22, 2004; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, 2.20.110 C, and 2.20.110 F, all of the City of Yakima Municipal Code. 19. Other Business • Tri- County Water Intergovernmental Agreement Council Member Sims brought forward a resolution authorizing the City Manager to execute a Memorandum of Agreement extending the existing Intergovernmental Agreement by a fourth amendment to December 31, 2004. Larry Martin, attorney for the Tri - County Water Resource Agency, gave a brief background of the organization. He explained that this MOA is a housekeeping item that should have been done prior to 12/31/03. He advised that once this has been agreed upon by all the governments involved they will put together a fifth amendment to the agreement that will be identical to the fourth but with new dates. The City Clerk read the resolution by title only; EDLER MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION (R -2004- 14). The motion carried by unanimous roll call vote. 7 121 JANUARY 20, 2004 • Bicycle /Pedestrian Advisory Committee Council Member McClure said the Bicycle /Pedestrian Selection Committee is recommending Stephanie Pratt be appointed to fill the vacancy on this committee. PLACE MOVED AND WHITMAN SECONDED TO APPOINT STEPHANIE PRATT TO THE BICYCLE PEDESTRIAN ADVISORY COMMITTEE. The motion carried by unanimous voice vote. Council Member McClure also suggested expanding the committee from five to seven members and asked staff to come back with an agenda item to make that happen • Information Items Information items provided to Council were: Flyer on fourth and fifth public forum in series offered by the League of Women Voters and Yakima Valley Regional Library; Board of Yakima County Commissioners Notice of Closed Record Public Hearing on the Yakima County Justice Center; Washington State Environmental Policy Act Determination of Nonsignificance — Yakima Regional Clean Air Authority regarding Shields Bag and Printing Company; Agenda for the January 20, 2004 Council Transit Committee meeting and minutes of its December 16, 2003 meeting; Agenda for the January 21, 2004 Community Review Board Agenda; 1/8/04 Letter from State Office of Community Development — Office of Archaeology and Historic Preservation re: Tahoma Cemetery ; Planning Assignments Pending as of the Week of January 20, 2004; Article from December 2003 Washington CEO, "Riding the Bull "; and Article from January 13, 2004 Seattle Post - Intelligencer, "Simplified Sales -Tax Plan Would Hurt Some ". 20. Executive Session regarding Pending Litigation PLACE MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE SESSION ON PENDING AND PROSPECTIVE LITIGATION FOR APPROXIMATELY 45 MINUTES AND THEN TO FEBRUARY 3 AT 7� ; 1:00 P.M. FOR A STUDY SESSION ON SETTING STANDARDS FOR BOARDED -UP HOUSES. The motion carried by unanimous voice vote. 21. Adjournment Following the Executive Session, the meet g a ourn -• a - 4,4 ..m. fr) (/)/ READ AND CERTIFIED ACCURATE BY • COU Agg, MEMB DATE r. 9_7_or 0 NCIL MEMBER DATE ATTEST: 34 0.646 4111 CITY CLERK PAUL GEORG 4 , MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office. 8