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HomeMy WebLinkAbout07/20/2004 Business Meeting 281: CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JULY 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, Bernard Sims, and Mary Place Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts Absent: Council Member Susan Whitman (excused) 2. Invocation /Pledge of Allegiance Council Member McClure 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 • Mayor George acknowledged the birthdays of Council Member Place and City Clerk Roberts. A. Status report on prior meeting's citizen service request (if 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. 20 was added to the Agenda as a consent item and Item No. 32A was added to the Consent Agenda. 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 EDLER SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Whitman absent.. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) Mel Moore and the Sports Commission were acknowledged for all their efforts. Mr. Moore described the Sports Commission's three signature events; the Sports Award luncheon honoring high school athletes, the 3 -on -3 Basketball Tournament and the Sun Dome Volleyball Festival. Q 282 JULY 20, 2004 *A. Approval of the minutes of the June 22 and July 6, 2004 Business Meetings The minutes of the June 22 and July 6, 2004 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. SPECIAL PRESENTATIONS 5. Appearance by County Auditor Corky Mattingly regarding new voting system Corky Mattingly, County Auditor, outlined the reasons for the changes in the voting system and described how the new equipment is used. The primary election is called an open private primary and you can select any partisan ballot you would like to vote. There will be a choice of Republican, Democratic, Libertarian, and Non Partisan. Absentee voters will receive all four ballots. They are to select one, destroy three, and put the one selected in envelope and return. A voting machine was on -site for demonstration purposes. Also displayed was an e- slate. Mrs. Mattingly distributed a document listing the different requirements to be met and shared that they were informed by the Department of Justice that there will be federal inspectors during the November election inspecting all the polls. Delia Chavez was introduced as the Bi- Lingual Program Coordinator. Due to recent census information, they are now required to have at least 62 bi- lingual workers at the polls countywide on election day. The County is loaning both bi- lingual and computer literate employees for the day to provide those services. They requested the City to consider loaning employees as well. Mrs. Mattingly also requested the City to accept payroll stuffers for City employees describing the new changes. 6. Presentation by David Jaffe, Executive Director of Harborview Medical Center, re: Overview of medical services provided and an update on the Medical Trauma Center construction David Jaffe, Executive Director of Harborview Medical Center, gave an overview of medical services provided and an update on the Medical Trauma Center construction. Interesting points in the presentation were: • Owned by King County • Managed by University of Washington • Component of UW School of Medicine • Patient Population • Provide over $55 million a year in charity care • King County provides no funds for operation, but acts as a conduit (voter approved bonds) for taxpayer dollars to update and fund capital to build new facilities. Johnese Spiesso, Chief Operating Officer, spoke about Harborview's role as a regional resource as well as the building project. They have the busiest 2 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 283 JULY 20, 2004 Emergency Department in the state and are currently at capacity. They are a Level One facility which means they also do research and teach. David McDonald, past President of the Board of Trustees, explained that they came to Yakima to introduce themselves and what they do as they are here to support us. 7. Presentation by Reverend Trimble to request that Arlington Avenue be renamed as Dr. Martin Luther King Avenue Reverend Robert Trimble, addressed Council with a request to honor Dr. Martin Luther King, Jr. with a permanent memorial in Yakima. They would like to rename Arlington Avenue to Martin Luther King, Jr. Avenue. He described how this particular street travels from working class communities to wealthy communities, from old to new neighborhoods, and crosses racial and ethnic boundaries. It is a discontinuous street across the community symbolizing the ongoing struggle for equality and justice as exemplified by Dr. King. The dedication of Arlington Avenue would be a daily reminder of our need to work together and truly represent the meaning of community. After discussion, EDLER MOVED AND PLACE SECONDED TO ASK STAFF TO BEGIN THE • PUBLIC PROCESS ON ARLINGTON OR SEE IF WE NEED TO SEEK AN ALTERNATE STREET. The motion carried by unanimous voice vote; Whitman absent. 8. Audience Participation Sharon Madson and Kevin Madson, 1522 South 68 Avenue, encouraged Council to reconsider the scooter ordinance. They would like to see it amended to differentiate between gas and electric. They don't believe it should be necessary for a youth to have to have a driver's license to operate an electric scooter. David Huycke, 318 North 25 Avenue, representing the City of Yakima Bike /Pedestrian Committee spoke about their recent bicycle safety campaign held in conjunction with the Greenway's Gap to Gap relay. He brought water bottles for the. Council members. Dr. Earl Lee, 2705 Palatine Avenue, expressed concern about the contract for managing the Southeast Community Center being awarded to OIC. He was advised to attend the August 3 rd Council meeting when this item will be on the agenda for Council action. Alene Marshall distributed the Department of Licensing rules regarding motorized scooters and asked Council to reconsider the ordinance. She is a responsible, scooter - riding adult, but does not have a driver's license. Grant Erickson, 3211 River Road, also asked for reconsideration on the scooter ordinance. He offered his assistance in researching solutions to allay Council's concerns regarding the liability issue. He suggested a certification program for kids 13 -14 years of age and to have the Parks Department hold the classes. He suggested Council look at the ordinance recently passed in Pasco or Kennewick. 3 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 2 8'4 JULY 20, 2004 Mayor George commented that unless there is a motion to reconsider the issue made by a Council member who voted in favor of the ordinance, it will take effect in early August. No motion was made. PUBLIC HEARING 9. Public hearing on the 2005 -2010 Six -Year Transportation Improvement Plan (TIP) and legislation to amend the Yakima Capital Facilities Plan and the Metropolitan Transportation Plan: A. Resolution adopting the Six -Year TIP and amending the Metropolitan Transportation Plan K. Wendell Adams, City Engineer, pointed out that the most important part of the Plan is the annual element of what will be done in 2005. 2004 was a very aggressive year, almost ten of the 52 projects on last year's plan have been accomplished. After discussion, Item No. 31 in the Plan was modified to: 1) extend the Englewood project from 24 Avenue to 16 Avenue; and 2) segregate the intersection at Englewood and Powerhouse Road from this project for better funding possibilities. • Mayor George opened the public hearing. No one came forward. • Mayor George closed the public hearing. The City Clerk read the resolution by title only; PLACE MOVED AND SIMS SECONDED TO ADOPT THE SIX -YEAR TIP WITH THE TWO CHANGES DISCUSSED. The motion carried by unanimous roll call vote; Whitman absent. RESOLUTION NO. R- 2004 -103, A RESOLUTION adopting a Six -Year Transportation Improvement Plan for the period of 2005 through 2010 for the construction of streets and arterial streets in the City of Yakima and amending the Metropolitan Transportation Plan. B. Resolution amending the Yakima Capital Facilities Plan to incorporate the Six -Year TIP The City Clerk read the resolution by title only; McCLURE MOVED AND EDLER SECONDED, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Whitman absent. RESOLUTION NO. R- 2004 -104, A RESOLUTION to amend the Yakima Capital Facilities Plan to incorporate the Six -Year Transportation Improvement Program (STIP) for the period of 2005 -2010. 4 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. JULY 20 2004 2 8 5 CITY MANAGER'S REPORTS 10. Consideration of Yakima County's request to support placing a 0.3% sales tax ballot proposition measure on the November 2, 2004 General Election Council Member Place reported that this item was brought before the Public Safety Committee and they supported placing it on the ballot. The Committee also thought it was important to let the County citizens know exactly how the money would be spent. The Public Safety Committee would recommend that 100% of the money go to the Criminal Justice System. PLACE MOVED AND SIMS SECONDED TO APPROVE THE COUNTY'S REQUEST AND HAVE STAFF AND THE PUBLIC SAFETY COMMITTEE PREPARE A RECOMMENDATION ON HOW THE MONEY WILL BE SPENT. The motion carried by unanimous voice vote; Whitman absent. 11. Consideration of Resolution authorizing execution of agreement with Yakima County for annexation of the Yakima County jail site Doug Cochran, County Administrator, addressed the questions that had come up previously on the potential of annexing the jail site. • Code issue - the County is building under their code system that doesn't match the City's, one example is snow loads. The understanding is that the County will bear any liability if there is a problem in the future. • Medical responses - because the County has a medical facility within the jail downtown, anyone with chronic medical problems will be in that facility. • Sales tax - it has been agreed that as a mitigation for the cost of fire department responses, sales tax would be split 50/50 upon annexation. • Annexation of the entire fairgrounds - rather than confuse the current situation, they put in the agreement that this issue would be addressed in 2005. Mr. Cochran emphasized that they are not asking the City Council to state they support the project through this agreement. The agreement is only a method of getting the utilities to the site. Commissioner Palacios urged Council's support and emphasized the Commissioners' commitment to the project. The City Clerk read the resolution by title only; SIMS MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Whitman absent. RESOLUTION NO. R- 2004 -105, A RESOLUTION authorizing and directing the City Manager to execute an agreement with Yakima County concerning the possible annexation to the City of Yakima of the area of the Yakima County Fairgrounds where the Yakima County Justice Center is being constructed and also where a major facility of the Yakima County Public Works Roads Maintenance and Operations Division is located. 5 `Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 2 -8 6 JULY 20, 2004 Out of sequence and following the break, Wendy Hollingsworth, 1107 South 18 Street, was given the opportunity to comment on this issue. She invited Council members to come see the jail from her perspective. It is going to affect tourism, block views, bring panhandlers and drug users to the area, and reduce their property values. She would like to see an audible alarm put in to help protect the children in the area. She also suggested a fence be put around the facility. Sherry Crivits, 1113 South 18 Street, expressed concern about the courtyard being left open across from her yard allowing the inmates to see her home and her kids. She asked where can she turn to for help to get the courtyard covered, fenced and protect her family. Council Member Place commented that those seem like valid concerns. During discussion it was noted that Phase 1A construction is under the control of the County for their building permits. Any following phases will be under the City's permit process. 12. Staff report regarding stormwater public hearing comments and preparation for next public hearing on proposed legislation Chris Waarvick, Public Works Director, was available for questions on the report supplied in the Council packets. He commented that they are in the rule making process for the permit fee structure. There have been questions about the degree of consolidation between Union Gap, the City of Yakima, and Yakima County. Ultimately the executive committee gave the impression and direction to pursue limited consolidation with the door left open for future consolidation. Council Member Place commented that this should be a regional program. Council Member Edler said the West Side Merchants would like education on this subject. Clarence Barnett, representing Central Washington Home Builders at 3301 West Nob Hill Boulevard, pointed out discrepancies in the definition of stormwater between the City, County, and Ecology. The Homebuilders support the definition of stormwater included in the Eastern Washington Stormwater Manual and request Council use that definition. City Manager Zais said he thought we could accommodate that definition. Mr. Waarvick advised there will be a public hearing on August 17 to work toward adopting a stormwater utility. tax on the November ballot so thcy can then be- implerented as asscssmcnts.` PLACED MOVED AND SIMS SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous voice vote; Whitman absent. The meeting resumed following a ten minute break to change the video tapes. 13. Report from Code Administration regarding status of legislation regulating vacant structures Doug Maples, Code Enforcement and Planning Manager, gave a status report on vacant structures as requested in the April Council meeting. The vacant 6 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 287 JULY 20, 2004 building master list consists of 160 locations. Thirteen have been abated, self - imposed by the property owners following the mailing of a letter with a copy of the new ordinance. Also provided to Council was a vacant building inspection • report, and a sample letter to go out to the most flagrant properties explaining that they have to be abated and why. Council members discussed methods of prioritizing and reporting status on the locations. Council Member Bonlender suggested a letter be sent to property owners asking what their plans are to remedy the problem and then staff could concentrate their efforts on the properties that do not respond. Mr. Maples commented that once this program gets moving, the owners are going to see that we are not going to go away, but it is going to take a little time. He emphasized that we are not advocating demolition; rather it would be our desire to bring the properties back into the residential or commercial stock so the buildings could be utilized. *14. Consideration of Resolution authorizing execution of agreement with Yakima School District No. 7 for educational services for fire fighter training RESOLUTION NO. R- 2004 -106 A RESOLUTION authorizing the City Manager to execute an agreement with Yakima School District No. 7 for educational services for fire fighter training. *15. Consideration of Resolution authorizing execution of agreement with Sunfair Festival Association for tourist promotion services RESOLUTION NO. R- 2004 -107, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunfair Festival Association for tourist promotion services. 16. Consideration of Resolution authorizing execution of agreement with Shockey Brent, Inc. for SEPA review of the WaI -Mart application Council Member Edler requested a progress report for the public on what is happening with regard to SEPA requirements and any other pertinent information on this issue. Bill Cook, Community and Economic Development Director, clarified that this resolution is a request for a second amendment to a contract with Shockey _Brent, Inc. They were hired by the City to review the environmental impact statement the City will be putting out on the application from WaI -Mart. The City will be reimbursed for this cost by Wal -Mart. We hope to have a draft report from Mr. Shockey by the end of this month for our review. It will then go out for public comment. City Manager Zais commented that the City put out a public statement about three weeks ago on what we felt were deficiencies in the Wal -Mart environmental documents. They were not complete, particularly on soils and traffic. They were told we could not go further in this process until they satisfied those deficiencies. 7 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 288 JULY 20, 2004 The Congdon interests for developing their property are contingent on that being done properly and any impacts identified. Mr. Cook explained that the parties of interest will either be given a hard copy of the draft EIS or a CD. There will then be a 30 -day comment period and City staff will be available to answer questions and have discussion groups available to go over it. Mr. Maples interjected that in the third week of the comment period there will be a public meeting held at the Convention Center. After the 30 -day period, the comments will be incorporated into the final EIS document. Then the application process starts. Also the rezone for 64 Avenue and Nob Hill Boulevard has to occur. It will use the final EIS to substantiate the environmental elements of that rezone. Once that is completed, if they are successful at achieving their rezone, then an application process starts back up for building the store. That is a Class 2 review. We are looking at a timeframe of four to five months. The City Clerk read the resolution by title only; SIMS MOVED AND PLACE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Whitman absent. RESOLUTION NO. R- 2004 -108, 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. *17. Consideration of Resolution authorizing execution of contract with Mead & Hunt, Inc. (Ken Brody) for consulting services related to the Airport Safety Overlay project RESOLUTION NO. R- 2004 -109, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an "Agreement for Airport Planning consulting Services" with Mead & Hunt, Inc. *18. Consideration of Resolution authorizing execution of agreement with Carson Olafson for appraisal services related to the Washington Avenue Project RESOLUTION NO. R- 2004 -110, A RESOLUTION authorizing and directing the City Manager to execute an agreement for professional services between the City of Yakima and Carson T. Olafson for appraisal services related to the Washington Avenue reconstruction project. *19. Consideration of Resolution authorizing execution of agreement with Central Washington Occupational Medicine for random drug testing services as required by the Federal Transit Administration RESOLUTION NO. R- 2004 -111, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Yakima Transit Agreement for 8 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 289 JULY 20, 2004 Drug and Alcohol Testing with Central Washington Occupational Medicine (Yakima Regional Hospital). *20. Consideration of Resolution authorizing execution of settlement agreement with the State Department of Transportation regarding the environmental review process for the SR -24 Bridge Project RESOLUTION NO. R- 2004 -112, A RESOLUTION authorizing the City Manager to execute a Lead Agency Agreement and Settlement Agreement with the Washington State Department of Transportation involving the environmental review process for the SR -24 Bridge Project. *21. Consideration of Resolution authorizing execution of agreement with Huibregtse Louman Association for professional services related to the proposed 84 Avenue and Hawthorne sewer local improvement district RESOLUTION NO. R- 2004 -113, A RESOLUTION authorizing and directing the City Manager to enter into an agreement for professional services between the City of Yakima and Huibregtse, Louman & Associates (HLA) for design services related to the 84 Avenue /Hawthorne Drive Sewer LID project. *22. Consideration of Resolution ratifying an amendment to the Yakima Valley Conference of Government Articles of Association RESOLUTION NO. R- 2004 -114, A RESOLUTION ratifying an amendment to Article VIII — finances of the Yakima Valley Conference of Governments (YVCOG) Articles of Association. *23. Consideration of Resolution approving the Second Quarter 2004 Claims Report RESOLUTION NO. R- 2004 -115, A RESOLUTION accepting and approving the 2 Quarter 2004 Claim Report for the City of Yakima. *24. Consideration of Resolution declaring a fire truck as surplus property and authorizing its disposition RESOLUTION NO. R- 2004 -116, A RESOLUTION declaring a 1982 Superior fire pumper truck License number D32071 to be surplus to the needs of the City of Yakima and the Fire Department, and authorizing the sale of the truck by whatever means determined to be appropriate by the City Manager, such as "e- ll local auction, or sealed bids. *25. Consideration of Resolution authorizing the sole source purchase of solar powered school safety zone flashers from RTC Manufacturing, Inc. RESOLUTION NO. R- 2004 -117, A RESOLUTION authorizing sole source procurement without calling for bids from RTC Manufacturing, Inc., whereby said entity shall provide CPRIII Pager Programmable Time Switch for solar school zone safety flasher systems. 9 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 290 JULY 20, 2004 *26. Consideration of Resolution authorizing the temporary closure of Yakima Avenue between 1 st Street and Naches Avenue for a portion of September 4 and 5, 2004 to allow for a Hot Shots 3 on 3 Basketball Tournament RESOLUTION NO. R- 2004 -118, A RESOLUTION approving the request of Mr. Mel Moore to close Yakima Avenue between 1 st Street and Naches Avenue from 5:00 a.m. on September 4, 2004 until 7:00 p.m. on September 5, 2004 for a 3 on 3 Basketball Tournament. *27. Reset date of public hearing on the 2004 Wastewater Facility Plan, proposed revisions to the Wastewater Connection Charge, and subsequent revisions to the Wastewater Connection rates and charges for September 7, 2004 at 7:00 p.m. September 7, 2004 at 7:00 p.m. was set as the date of public hearing on the 2004 Wastewater Facility Plan, proposed revisions to the Wastewater Connection Charge, and subsequent revisions to the Wastewater Connection rates and charges. ORDINANCES 28. Consideration of Ordinance amending the Municipal Code relating to amending the procedure for amending the Yakima Urban Area Comprehensive Plan Ken Harper, 807 North 39 th , legal counsel to the City, gave an overview of a very technical amendment to Chapter 16.10. The Growth Management Act allows for comprehensive plan changes to occur more often than once a year under certain circumstances but doesn't advise how municipalities are supposed to exercise the authority to do those amendments more frequently. This ordinance is an amendment to Chapter 16.10 that allows amendments to the Comprehensive Plan more often than once a year. He then explained the process. The City Clerk read the ordinance by title only; SIMS MOVED AND PLACE SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Whitman absent ORDINANCE NO. 2004 -42, AN ORDINANCE concerning land use regulation and comprehensive planning; amending the Yakima Municipal Code procedures for amending the Yakima Urban Area Comprehensive Plan, Ch. 16.10 YMC, to allow for amendments of the comprehensive plan more often than once per year as provided for by RCW § 36.70A.130, and subsections thereof; amending §16.10.020 of City of Yakima Municipal Code Chapter 16.10; and adding new § 16.10.035 to the City of Yakima Municipal Code Chapter 16.10. 10 *Strikethrough is an amendment made at the August 3, 2004 City Council Meeting. 29 JULY 20, 2004 *29. Consideration of Ordinance authorizing the issuance and sale of unlimited tax general obligation refunding bonds and limited tax general obligation refunding bonds ORDINANCE NO. 2004-43, AN ORDINANCE of the City of Yakima, Washington, authorizing the issuance and sale of unlimited tax general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $2,400,000 to refund certain outstanding unlimited tax general obligations of the City; authorizing the issuance and sale of limited tax general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $4,300,000 to refund certain outstanding limited tax general obligation bonds of the City; and fixing the terms and covenants of such bonds. *30. Second reading of Ordinance amending the 2004 budget and appropriating funds for the Front Street PBIA banners An Ordinance amending the 2004 budget and appropriating funds for the Front Street PBIA banners, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -44, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $5,000 in the 163 — Front Street Parking and Business Improvement Area (PBIA) Fund for expenditure during 2004 to improve / market the Front Street Business District. *31. First reading of Ordinance amending the 2004 budget and appropriating funds for 2004 fuel costs for Refuse, Streets, Parks, and other operating divisions (No action required at this meeting; second reading scheduled August 3, 2004) An Ordinance amending the 2004 budget and appropriating funds for increased fuel costs, was read by title only, and laid on the table until August 3, 2004 for a second reading. 32. Other Business *A. Consideration of Appointment of Claire Carpenter to the Bicycle /Pedestrian Advisory Committee Claire Carpenter was appointed to serve on the Bicycle /Pedestrian Advisory Committee. Two Council members announced they were unable to attend the August 3rd Council meeting; staff will look at the agenda for that date. 33. Continuation of Audience Participation (if needed) Not needed 11 29.2 JULY 20, 2004 34. Executive Session McCLURE MOVED AND BONLENDER SECONDED TO MOVE INTO EXECUTIVE SESSION REGARDING PROSPECTIVE LITIGATION AND COLLECTIVE BARGAINING WITH ADJOURNMENT THEREAFTER TO JULY 27, 2004 AT 5:30 P.M. FOR A STUDY SESSION ON THE REQUEST FROM • MOXEE FOR SEWER SERVICE. The motion carried by unanimous voice vote; Whitman absent. 35. Adjournment Following the Executive Session, the meeting adjourned at 5:30 p.m. 4. READ AND CERTIFIED ACCURATE BY 1 1.-/ ` ° COUNCIL M : DATE dei . ,6,ci e r- -0 0 COUNCI EMBER DATE ATTEST: g f ot,,,A ) - "/ 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 1 12