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HomeMy WebLinkAbout04/20/2004 Business Meeting 2.0'5 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL APRIL 20, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL RoII CaII 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, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Whitman 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 • Lions White Cane Days Mayor George read a proclamation declaring April 30 and May 1, 2004 as Lions White Cane Days. Lonnie Morgan accepted the proclamation on behalf of the Lions Clubs in Yakima. • YV - Tech 25` Anniversary Council Member Place read a proclamation declaring the week of April 19 -23, 2004 as Yakima Valley Technical Skills Center Week. YVT students circulated photographs showing.the programs offered. • Arson Awareness Week Council Member McClure read a proclamation declaring the week of May 2 -8, 2004 as Arson Awareness Week. Deputy Chief Brian Schaeffer accepted the proclamation. • Cinco de Mayo Week Council Member Whitman read a proclamation declaring May 1 -5, 2004 as Cinco de Mayo Week. There will be a celebration on May 2 at the Millennium Plaza. No one was available to accept the proclamation. B. Status report on prior meeting's citizen service request (if applicable) None 206 APRIL 20, 2004 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 from 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.) 5. Audience Participation Larry Mattson, 2810 Shelton Avenue, encouraged Council to provide the public with a report on the status of the second one - quarter percent real estate excise tax, to include the revenue generated and what projects have been completed using that revenue. City Manager Zais responded, saying that the added tax was not effective until January and no monies have been expended from that account. A report will be developed in the future after there has been some activity in the account. Alonzo Marquez, 603 North 3rd Street, asked Council to address handicap - parking violators by tripling the fine. He also recommended that one police officer be dedicated to patrolling the streets and private parking lots for these violations. Referencing Item No. 17, he said that the City could take care of half of the illegal dumping and littering if the refuse workers would pick up the refuse that gets dumped on the ground when they collect the garbage. PUBLIC HEARING 6. Public Hearing to consider Amendment to the 2004 Community Development Block Grant and HOME Action Plan to Assist Adaptis to locate and create jobs in the City's Community and Renewal Area This hearing has been postponed at the request of the applicant. (Please see Item No. 16) CITY MANAGER'S REPORTS 7. Consideration of Resolution authorizing execution of contract with Artifacts Consulting, Inc. regarding historic preservation Bill Cook, Community and Economic Development Director, commented that historic preservation is a proven economic development tool. Successful downtown revitalizations always include a historic preservation component. Historic preservation is an economic decision made by a property owner and there is a need to educate the investment and owner community. Mr. Cook then introduced Michael Sullivan of Artifacts. 2 20'7 APRIL 20, 2004 Mr. Sullivan gave information about his background and about the company. Through meetings with City staff they have picked five general areas to work on for Yakima, such as the Front Street area and federal investment tax credits. They also wanted to pick some individual properties in the downtown outside of the historic district, and develop scenarios about investment and reuse. They plan to do a series of workshops with property owners so they can see how the principles work with their downtown properties. They will work with City staff on the ordinance for efficiency and improvement and then will spend time with lenders to talk about how historic properties tend to be attractive for investors. The City Clerk read the resolution by title only; SIMS MOVED AND WHITMAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -65, A RESOLUTION authorizing and directing the City Manager to execute a consulting agreement between the City of Yakima and Artifacts, Inc. for cultural resource management and historic preservation services. 8. Consideration of Resolution authorizing execution of agreement with Yakima County concerning the possible annexation of the area in the vicinity of where the Yakima County Justice Center is being constructed Paul McMurray, Assistant City Attorney, was available to answer questions. The annexation agreement proposes setting up a process for possible annexation of the portion of the'County fairgrounds upon which the jail facility is currently being constructed and a portion where a large public works complex is currently sited. It does not represent a commitment on the part of the city for the property to be annexed at this time. That would require the normal annexation process, petition, hearing, and ultimately an ordinance and decision by the Council. The reasoning behind the agreement was discussed, e.g. city rates for sewer and water hookups rather than outside rates. Another issue discussed was the sales tax revenue related to the construction of the jail facility during Phase 1. The agreement provides that the City will remit any sales tax revenue received back to the County even though the property may be annexed during Phase I construction. County Commissioner Palacios, spoke in favor of the agreement and annexation. Ken Ray, Director of Corrections, supplied statistics on the number of beds and employees for the facility. He also noted that, once they are open for business, the sales tax revenues on the any purchases they make will go to the City. Council Member Place expressed concern about providing police and fire services to the jail without receiving any offsetting revenue. Mr. Ray indicated that the City's costs would be balanced by the low jail rates and the revenue that 107 jobs create in terms of sales tax, etc. He also commented that the Fire Department is not required to respond to EMS calls. Fire Chief Mayo clarified that the Fire Department is mandated to serve all citizens of Yakima. The next hearing on the jail siting issue is scheduled for early May. City Manager Zais noted that this decision would not be a commitment to annex, that decision is later, but it sets out the parameters of annexation and what would be agreed on to provide utilities. It could be undone and if the court rules against the County, they will have to deal with that. Gary Walters, 1515 South 7 Avenue, spoke against this location for the jail and suggested buying the K -Mart location and putting the jail there. 3 208 APRIL 20, 2004 Al DeAtley, 5910 Scenic Drive, spoke against the contract, the processing being used, and the fairgrounds as a jail site. He noted that the Hearing Examiner had put in a condition that the site would be annexed to the City and yet the County is moving ahead before that is accomplished. He suggested the process be slowed down to make sure everything is proper before moving forward. Terry Austin of the County Prosecutor's office, clarified that the Hearing Examiner's Decision says property has to be annexed before Phase 1 is occupied. In order for water /sewer to go to this site it needs to be annexed. Council Member Sims asked why there is this extra step of intent and then the actual annexation. Mr. Austin explained it is because the Commissioners have to consent due to it being fairground property and also because of the sales tax revenue. He said the first building will be completed this year and they need to complete that and get it occupied and the only way they can do that is to annex before Phase 1 is done. Bobbie Carter, 903 Central Avenue, and Phil Pleasant, 1202 Fair Avenue, both spoke against the jail site location. Sandra Swanson, asked a number of questions regarding sales tax as well as the Boundary Review Board process. She suggested it would be wise to not agree to anything until after the upcoming hearing takes place. Assistant City Attorney McMurray answered Mrs. Swanson's tax questions noting that in section 7 of the proposed agreement, to the extent that the city receives any sales tax revenue as a result of annexation, they shall remit that revenue back to the County within 30 calendar days. He also noted that the County had the option of simply building to the point of hooking up to wastewater and water services and then annex and they would still receive the sales tax revenue. The City Clerk read the resolution by title only; SIMS MOVED AND BONLENDER SECONDED TO APPROVE THE RESOLUTION. During further discussion Council Members commented that they would like an opportunity to research it further. Council Member Sims didn't agree that the decision should be delayed and noted that this does not represent a commitment that the City will annex this property. The question was called for a vote on the motion. The motion failed by a 4 -3 roll call vote; McClure, Place, Whitman, and Edler voting nay. 9. Consideration of Motion to accept the Millennium Arts Plaza and plan for financing long -term maintenance City Manager Zais spoke about this project, how it created a great addition to the downtown area of our community, and the work done by the Allied Arts Council. All the commitments have been fulfilled. Cec Vogt, President of the Millennium Arts Plaza Foundation, thanked the City Council and described the formation of the Millennium Foundation to ensure the maintenance of the Plaza. PLACE MOVED AND SIMS SECONDED TO ACCEPT THE MILLENNIUM ARTS PLAZA PLAN AND LONG TERM MAINTENANCE. The motion carried by unanimous voice vote. 4 20 9. APRIL 20, 2004 10. Consideration of Resolution authorizing the execution of an agreement with, and accept a quitclaim deed from, the John and Wauna Harman Foundation to transfer a community senior center at Gailleon Park to the City Denise Nichols, Parks and Recreation Manager, advised that the new Senior Center, the Harmon Center, is nearing completion and this agreement is with the Harman Foundation to accept it. The center was privately built and donated to Yakima. The dedication will be May 7th with a ribbon cutting, and May 8 will be the community open house. A transit stop has been built at the senior center so all can get there easily. The City Clerk read the resolution by title only, PLACE MOVED AND SIMS SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -64, A RESOLUTION authorizing and directing the City Manager to execute an agreement with, and accept a quit claim deed from, the John and Wauna Harman Foundation, a Washington non - profit corporation, relating to the anticipated completion and transfer of a community senior center, at no cost to the City of Yakima, located on a portion of Gailleon Park. *11. Consideration of a Resolution authorizing execution of amendment to contract with Shockey Brent, Inc. for additional environmental review services for Wal- Mart RESOLUTION NO. R- 2004 -66, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an amendment to City Contract No. 2003 -28 with Shockey Brent, Inc., to provide for additional environmental review services related to a new land use /rezone application regarding the possible siting and construction of a retail facility by the Wal -Mart Company at the general location of the southwest corner of West Nob Hill Boulevard and 64 Avenue, Yakima, Washington. *12. Consideration of report and Resolution authorizing the execution of a contract with Postini for E -mail anti -spam services RESOLUTION NO. R- 2004 -67, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Service Agreement and all other necessary documents with Postini, Inc. for the purchase by the City of Yakima from said corporation of an Anti -SPAM Unwanted E -Mail Filtering Service. *13. Consideration of Resolution authorizing execution of professional services agreement with Milliman USA, Inc. for pension actuarial services RESOLUTION NO. R- 2004 -68, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Consulting Services Agreement with Milliman USA, Inc., for actuarial and financial consulting services related to the City's Firefighters' Pension Fund and Police Relief and Pension Fund. *14. Consideration of Resolution adopting the 2004 Water System Plan Update RESOLUTION NO. R- 2004 -69, A RESOLUTION adopting the 2004 Water System Plan Update with its Appendices for the City of Yakima, Washington. 5 210 APRIL 20, 2004 *15. Consideration of Resolution accepting the First Quarter 2004 Claims Report RESOLUTION R- 2004 -70, A RESOLUTION accepting and approving the 1 st Quarter 2004 Claim Report for the City of Yakima. Following a short break to change the video tape, the meeting reconvened at 4:05 p.m. 16. Reset date of public hearing for May 18, 2004 to consider an amendment to the 2004 Community Development Block Grant and HOME Action Plan to Assist Adaptis to locate and create jobs in the City's Community and Renewal Area Phil Pleasant, 1202 Fair Avenue, requested information relating to ClientLogic. Documents would be made available for Mr. Pleasant and he will be supplied a contact name at ClientLogic to obtain the rest of the information he requested. SIMS MOVED AND PLACE SECONDED TO RESET THE DATE OF THE PUBLIC HEARING TO MAY 18, 2004. The motion carried by unanimous voice vote. ORDINANCES 17. Consideration of Legislation relating to health and sanitation: A. An Ordinance amending the Yakima Municipal Code relating to illegal dumping and to require adequate collection service Nancy Fortier, Refuse Manager, presented legislation for both items. Cynthia Martinez, Assistant City Attorney, described YMC 14.161.202 and noted that if you break any of the laws, section 4 provides that you could be found guilty of a misdemeanor, fined $250 or 90 days in jail. She clarified that accumulation has to be in an amount greater than one cubic foot, plus it has to create a nuisance. Public Works Director, Chris Waarvick, explained the intent of the legislation is to cover what people do outside their own containers. Details of the ordinance were discussed, e.g. dog droppings and enforcement issues. It was clarified that the Refuse Division is responsible for problems on public property and private property problems are handled by Code Enforcement. Enforcement of the criminal violation would require a police officer to issue a citation or using the complaint process. These amendments are the result of a tremendous amount of complaints about refuse scattered down alleys and complaints on illegal dumping. Council Member Sims reviewed his concerns about this ordinance; 1) why is it needed, 2) not sure this ordinance will resolve the problems, and 3) no staff available to enforce the ordinance. Lynne Kittelson, 305 North 9th Street, recommended combination locks for the dumpsters. Gina Milliron, 408 South 2 Street, reinforced that this has been a big problem in their neighborhood. Robert Owen, 614 North 3rd Street, expressed concern about possible problems with the ordinance when he picks up trash in the streets and puts it in public dumpsters. He was assured that problem was addressed by defining the size. The city clerk read the ordinance by title only. PLACE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by a 6 -1 roll call vote; Sims voting nay. 6 21.1 APRIL 20, 2004 ORDINANCE NO. 2004 -25, AN ORDINANCE'relating to Health and Sanitation; amending the definition of "ashes" and "refuse ", removing the requirement that garbage be wrapped in paper and crew regulations; providing for automated collection bins, increasing allowable interest on overdue accounts to 12 %, prohibiting illegal dumping, requiring adequate refuse collection pickups per week, and amending sections 4.16.010, 4.16.020, 4.16.060, 4.16.120, 4.16.140, and 4.16.170; repealing sections 4.16.025 and 4.16.100; and enacting as new sections, sections 4.16.025 and 4.16.145, all of the City of Yakima Municipal Code. B. An Ordinance amending the Yakima Municipal Code relating to litter The City Clerk read the ordinance by title only, EDLER MOVED AND McCLURE SECONDED TO PASS THE ORDINANCE. The motion carried by 6 -1 roll call vote; Sims voting nay. ORDINANCE NO. 2004 -26, AN ORDINANCE relating to Public Safety and Morals, amending the definition of litter to include waste less than or equal to one cubic foot in volume, excluding wastes from food preparation and construction, removing the penalty for waste greater than one cubic foot, and amending sections 6.86.020 and 6.86:110 of the City of Yakima Municipal Code. *18. Consideration of legislation approving YPPA Collective Bargaining Agreement for 2004 -2005 A. Resolution authorizing execution of collective bargaining agreement RESOLUTION NO. R- 2004 -71, A RESOLUTION authorizing and directing the City Manager and City Clerk of Yakima to execute a collective bargaining agreement for calendar years 2004 and 2005 with the Yakima Police Patrolmans Association (YPPA) B. Ordinance amending the Classification and Compensation Plan ORDINANCE NO. 2004 -26, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective May 23, • 2004; amending Subsections 2.20.100 A, 2.20.110A, 2.20.110E, all of the City of Yakima Municipal Code. C. First reading of Ordinance amending the 2004 Budget and appropriating funds for YPPA collective bargaining settlement costs An Ordinance amending the 2004 budget and appropriating funds for costs resulting from the YPPA collective bargaining settlement, was read by title only, and laid on the table until May 4, 2004 for a second reading. 19. Other Business Rita Anson, Director of Finance, came before Council asking for guidance on the eligibility criteria for the Budget Strategy Team. She commented on a number of situations on the horizon that could reduce the revenues the City would receive, e.g. 7 21 '2 APRIL 20, 2004 the initiative to cut property tax by 25% and the issue at the state level for changing the allocation for sales taxes. These items together could impact the general fund budget by 10 %. In anticipation of those and other things happening, the City Manager has directed City staff to look at a Contingency Budget Reduction Plan. The Budget Strategy Team would consist of citizens who would work with the Finance Department and department heads on reviewing that budget reduction plan and giving recommendations to Council. The Council Budget Committee is working on forming that team but before soliciting applications they need direction on criteria required. The basic question is should we limit membership to city residents only or permit any property or business owners to serve on the committee even if they reside outside the city limits. The committee is expected to be 8 -10 members. Their initial work span would be through the budget process through the end of the year, looking primarily at the contingency budget reduction plan. They would need to put time and effort into getting familiar with the city budget and then continue on other issues as they come up. After discussion, EDLER MOVED AND PLACE SECONDED TO ACCEPT CITY RESIDENTS AND NON - RESIDENTS WHO OWN A BUSINESS WITHIN THE CITY AND RESIDE WITHIN THE URBAN GROWTH AREA. The motion carried by unanimous voice vote. Council Member Bonlender brought up the issue of enforcement of handicap parking suggesting business owners could use digital cameras to take pictures of violators and they could then be issued a ticket. City Attorney Paolella advised that could not be done legally without a statute change within the State of Washington. 20. Executive Session (Allow approximately 45 minutes) SIMS MOVED AND PLACE SECONDED TO MOVE INTO EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION FOLLOWED BY ADJOURNMENT. The motion carried by unanimous voice vote. 21. Adjournment Following the conclusion of the Executiv- Session, th- me- g adjourned at 6:10 p.m. q7 READ AND CERTIFIED ACCURATE BY CO E BER DATE Co -'� MBER DATE ATTEST: J dr,f CITY CLERK PAUL P. GEORGE, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 8