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HomeMy WebLinkAbout08/13/2004 Business Meeting 2.97 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL AUGUST 3, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Neil McClure, Bernard Sims, and Susan Whitman Staff: City Manager Zais, Assistant City Attorney Harvey, and City Clerk Roberts Absent: Council Members Dave Edler and Mary Place (excused) 2. Invocation /Pledge of Allegiance Council Member Bonlender gave an invocation followed by the Pledge of Allegiance led by Mayor George. 3. Open Discussion for the Good of The Order /Special Presentation A. Status report on prior meeting's citizen service request (if applicable) None B. Yard of the Month Award presentation • District 1: Paul and Chris Harbeck; 616 S. 31 Ave. • District 3: Gonzalo Guillen; 904 S. 9 St. Following a short video showing the winning yards, Lynn Quesenbury presented awards to Mr. & Mrs. Harbeck and Mr. Guillen. Mr. Guillen took the opportunity to request the City look into an abandoned car on his street. 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 McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Edler and Place absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) • • 298 AUGUST 3, 2004 *A. Approval of the minutes of the July 13, 2004 Adjourned Meeting and July 20, 2004 Business Meeting The minutes of the July 13, 2004 Adjourned meeting and July 20, 2004 Business meeting were approved on Consent having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. During the Audience Participation portion of the meeting, the July 20 minutes were amended on page 6, under Item 12, to end the sentence after the words "stormwater utility". 5. Audience Participation Clarence Barnett, representing Central Washington Home Builders, asked for clarification of the purpose of the August 17 public hearing on the stormwater utility as the July 20, 2004 minutes referenced a stormwater utility tax on the November ballot. Through discussion it was determined the minutes were in error and a portion of the sentence referred to should be struck out. McCLURE MOVED AND BONLENDER SECONDED TO AMEND THE JULY 20, 2004 MINUTES, PAGE 6, ITEM 12, THIRD PARAGRAPH, TO END WITH THE WORD "UTILITY ". The motion carried by unanimous voice vote; Edler and Place absent. PUBLIC HEARINGS 6. Public hearing to consider formation of LID No. 1057, 84 Avenue and Hawthorne Sewer Local Improvement District (See Ordinance creating LID) Kay Adams, City Engineer, advised that this LID is to put in sewer lines in conjunction with the County paving that area. There is 84% agreement with the property owners. He noted that a letter of protest from Shelley Cadousteau has been received. The LID was initiated by the residents to take advantage of the planned paving of the street. The sewer line construction would be completed prior to the paving. • Mayor George opened the public hearing Vicki Wright, a property owner on 84 Avenue, said they have been working a long time to get the sewer in place and feel it would be cost effective to do it now. She hoped that other property owners realize it is not mandatory to hook up at this time. Richard Wonner, 8504 Hawthorne Drive, said he and his wife are in favor of this project. They have a concern for personal health as the soil condition for septic systems on the hill is marginal and it is inevitable that drainfields will become saturated. He claimed that security and safety will be increased, as well as property values. He is also in favor of annexing their neighborhood into the City. He urged Council to vote for the LID. • Mayor George closed the public hearing 2 299 AUGUST 3, 2004 The City Clerk read the ordinance by title only; City Manager Zais suggested a procedural amendment to this, and the next, ordinance, to change Section 10 making effective date 30 days from passage. SIMS MOVED AND McCLURE SECONDED TO AMEND SECTION 10 BY STRIKING THE WORD "IMMEDIATE" AND REPLACING IT WITH "30 DAYS ". The motion carried by unanimous roll call vote; Edler and Place absent. McCLURE MOVED AND SIMS SECONDED TO PASS THE AMENDED ORDINANCE. The motion carried by unanimous roll call vote; Edler and Place absent. Following discussion of Item No. 7, SIMS MOVED AND McCLURE SECONDED TO RECONSIDER LID 1057. The motion carried by unanimous voice vote; Edler and Place absent. The Council discussed this item again and decided to keep the effective date as immediate due to the fact that the County can tie the sewer project into their road project, can send it out to bid, but cannot award the bid until after the 30 day period if the ordinance effective date was changed to 30 days. BONLENDER MOVED AND SIMS SECONDED TO RESCIND THE AMENDED LANGUAGE AND REINSERT THE ORIGINAL LANGUAGE IN SECTION 10. The motion carried by unanimous roll call vote; Edler and Place absent. ORDINANCE NO. 2004-45, AN ORDINANCE providing for the improvement of certain property by constructing an 8 -inch public sewer system; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. 7. Public hearing to consider formation of LID No. 1058, 90 94 and West Yakima Avenue Sewer Local Improvement District (See Ordinance creating LID) Kay Adams, City Engineer, explained that this is also a section where the County's paving program is about to begin and we have the opportunity to put in the sewer lines before they pave. They received over 75% approval of the residents. • Mayor George opened the public hearing No one came forward to speak. • Mayor George closed the public hearing Mr. Adams explained that because this is an assessment it can be passed immediately rather than waiting 30 days. They would prefer to have it effective as soon as possible to assist with the combining, bidding, and awarding of the project contracts. Helen Harvey, Assistant City Attorney, clarified that the Charter says ordinances relating to local improvements, and assessments, shall take effect at the time indicated therein, therefore it appears to be allowed to have this ordinance, and the previous ordinance, effective immediately. The City Clerk read the ordinance by title only; SIMS MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Edler and Place absent. 3 3 0 AUGUST 3, 2004 ORDINANCE NO. 2004-46, AN ORDINANCE providing for the improvement of certain property by constructing an 8 -inch public sewer system; establishing a Local Improvement District, providing for the method of payment thereof, and creating a special fund. CITY MANAGER'S REPORTS 8. Review of Process and set date for public meeting on September 21, 2004 at 7:00 p.m. to consider street name change from Arlington Street to Dr. Martin Luther King, Jr. Ave. Bill Cook, Director of Community and Economic Development, referred to the July 20 City Council meeting where Reverend Trimble asked to change Arlington Street to Martin Luther King, Jr. Avenue. Since that meeting a second street, Nob Hill Boulevard, was also suggested for consideration. Mr. Cook recommended a public meeting be held on September 21 for the purpose of receiving comments of citizens along the arterials being considered. Council Member McClure was concerned about holding a public meeting on just the two suggested streets rather than accepting any and all suggestions. City Manager Zais pointed out that we have had a specific request with regard to Arlington and the public meeting should respond to that request. Input should be solicited specifically from those on the suggested streets affected by the change as well as community wide input. McCLURE MOVED AND BONLENDER SECONDED TO SET SEPTEMBER 21, 2004 AT 7:00 P.M. AS THE DATE FOR A PUBLIC MEETING ON RENAMING ARLINGTON STREET OR NOB HILL BOULEVARD TO MARTIN LUTHER KING, JR. AVENUE. The motion carried by unanimous voice vote; Edler and Place absent. City Manager Zais clarified that all residents on both Arlington Street and Nob Hill Boulevard will be notified about the meeting. Clarence Barnett, Central Washington Home Builders, requested cost information associated with the proposed name change be made available to the public prior to the public meeting. He requested those cost figures to include not only the costs associated with material for the signage but also the labor to make and install the signs. He thought it might also be helpful to include costs the businesses will incur when they have to change signs, letterhead, business cards, etc. Robert Owen, 614 North 3 Street, suggested renaming King Street in Yakima to Martin Luther King, Jr. as it already has "King" in its name. He also suggested one of the two Pierce Streets in the city be renamed for Joe Denman, a local pastor and civil rights activist. 9. Report regarding recycling options for the City Nancy Fortier, Refuse Manager, reviewed the four options outlined in the staff report. 1. Continue to promote the voluntary curbside program with Yakima Waste. Anyone interested can subscribe to that service. Out of 18,000 refuse customers, only about 1,000 are currently participating. 4 30 1 AUGUST 3, 2004 2. Submit an RFP for a mandatory residential curbside recycling program. All city residents would be required to pay for a program whether they recycle or not. 3. A voluntary program, just like what Yakima Waste is currently doing, but provided by the City. 4. A mandatory (all pay) recycling program provided by the City. For the city to engage in a mandatory or all pay recycling program. Council Member Bonlender stated he prefers option 2 and would like to see the RFP specify weekly collection. City Manager Zais suggested a survey could be put before the citizens through the normal account billing cycle and should also go to those residents who are served through Yakima Waste and will be transitioning over to the City. Scott Robertson, Yakima Waste Systems, commented that part of the participation problem is because people receive a separate bill for recycling and it's an item they can eliminate when trying to control their budgets. He claimed that they have been misrepresented by some media reports that suggest they are quitting recycling altogether. That is not the case; they are only stopping the free drop sites. Discussion continued on how and where recycling is currently handled. Mr. Robertson said that during the two pilots while it was free, participation was 80% - 90 %. As soon as customers had to start paying, participation dropped. He noted that the largest form of illegal dumping is people throwing their garbage into someone else's containers. He doesn't think pulling the free drop sites is going to increase illegal dumping but more recyclable material will be in the garbage trucks and ultimately the landfill. Kip Eagles from the Department of Ecology said that the state has a 50% goal for recycling. They ask the counties to pick goals to create a solid waste management plan that enable them to apply for monies to work toward comprehensive waste planning and waste diversion strategies. Wendy Miflin from Yakima County said they receive coordinated prevention grant money every two years from the DOE and use that to run their hazardous waste facilities. Yakima County has a recycling drop box system in some of the rural areas. They are experiencing the same problems Yakima Waste is experiencing with illegal dumping. Holly Cushman, 9 North 98 Avenue, spoke in support of recycling noting it is one of the most sustaining practices that we can participate in. She submitted a report on the benefits, such as reducing waste, reducing the need for landfills, lessening incineration and, therefore, pollution, etc. She suggested recycling could bring new businesses into town that use recycled materials. Active recycling provides a good source for non - profit groups to earn funds. The City should consider promoting recycling with a high emphasis on why we are doing it and why we need to do more. She didn't recommend the City or the County become involved in the actual recycling business, as she believes 5 30:2 AUGUST 3, 2004 the private sector can run it with greater efficiency. The City and County could consider becoming a source of loans, tax benefits, or grants to help those businesses provide the service. Mrs. Cushman provided a packet of information she compiled doing internet research. Sage Park, Department of Ecology, advised that colored glass has been a difficult commodity for many to recycle. She has heard there is a large market for it back east and would love to see an industry come to Yakima that could use it. Some counties have been crushing their own glass and using it as fill to identify pipe locations. When you dig, if you run into colored glass you know you're coming upon pipe. Robert Owen, 614 North 3rd Street, said he doesn't want another charge on his utility bill. He has been recycling for a long time and feels he should be paid to recycle, not the other way around. Council Member Bonlender suggested the survey be put together with the Council taking a position on which option they support and why. Council Member Sims suggested a survey that lays all the information out to help educate people. Chris Waarvick, Public Works Director, said they will prepare a survey to go into the utility billing. City Manager Zais suggested the Community Relations Committee work with staff to prepare the survey. BONLENDER MOVED AND McCLURE SECONDED TO HAVE STAFF PREPARE A GOAL BASED SURVEY FOR COUNCIL REVIEW. The motion carried by unanimous voice vote; Edler and Place absent. *10. Consideration of Legislation regarding school safety zone flashers: A. Resolution authorizing execution of agreement with Huibregtse Louman Associates for school safety grant sidewalk construction RESOLUTION NO. R- 2004 -119, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Huibregtse, Louman Associates, Inc. for the purpose of providing professional engineering services to construct a school - related sidewalk funded by a grant from the Washington Traffic Safety Commission. B. First reading of Ordinance amending the 2004 Budget to implement the 2004 School Zone Safety Flasher and Sidewalk Grant from the Washington Traffic Safety Commission (No Council action required this meeting; second reading scheduled 8/17/04) An Ordinance amending the 2004 budget and appropriating funds to implement the 2004 School Zone Safety Flasher and Sidewalk Grant from the Washington Traffic Safety Commission, was read by title only, and laid on the table until August 17, 2004 for a second reading. *11. Consideration of Resolution authorizing a sole source purchase of Flow Modules from Whitney Equipment Company RESOLUTION NO. R- 2004 -120, A RESOLUTION authorizing the City Manager to purchase ISCO integrated flow monitoring and rain gauge equipment from the Whitney Equipment Company for a purchase price not to exceed $120,000.00 (plus sales tax) as a sole source purchase without calling for bids, and further directing the City Manager to execute all appropriate and necessary documents to complete the purchase and transaction. • • 6 303 AUGUST 3, 2004 *12. Consideration of Resolution authorizing execution of agreement with Escrow Pacific to administer mortgage contracts for the Office of Neighborhood Development Services RESOLUTION NO. R- 2004 -121, A RESOLUTION authorizing the City Manager to enter into an escrow services contract with Escrow Pacific to service the ONDS loan portfolio. *13. Consideration of Resolution to initiate a Capital Facilities Plan / Comprehensive Plan Amendment Process regarding Second Quarter Real Estate Excise Tax projects RESOLUTION NO. R- 2004 -122, A RESOLUTION to initiate consideration of an amendment to the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan, in conjunction with other associated capital facilities planning documents, to provide for the use of Second Quarter Percent Real Estate Excise Tax (REET 2) funds for Arterial Street maintenance and the paving of gravel streets. *14. Consideration of Resolution setting date of public hearing before the Hearing Examiner to consider a right -of -way vacation petition for portions of Hathaway Ave., N. 31 Ave. and N. 32 " Ave. requested by City of Yakima Office of Neighborhood Development Services RESOLUTION NO. R- 2004 -123, A RESOLUTION fixing the time for a public hearing before the Hearing Examiner on August 26, 2004, on a petition to vacate a portion of the undeveloped right -of -way for Hathaway Ave., 31 Ave. N., & 32 Ave. N. located at approximately 3000 & 3100 Block Hathaway Ave. *15. Consideration of petition to initiate annexation of property in the vicinity of the Yakima County jail site at the Central Washington Fairgrounds (S. 18 Street Annexation), requested by Yakima County (Adopt Standard Motions A & B) August 3, 2004 was set as the time of a meeting with the initiating party who signed a Notice of Intent to Commence Annexation Proceedings, the initiating party being Yakima County. The annexation proposed by the above party was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. 16. Approval of Right -of -Way Use Permit the vicinity of W. Lincoln Ave. and W. D Street for parking, requested by Carl Rizzo was denied Doug Maples, Planning and Code Enforcement Manager, explained that staff is recommending denial of the permit as submitted based on the items listed on the agenda statement. 304 AUGUST 3, 2004 Carl Rizzo, applicant, said he thinks there has been a misunderstanding. He put up a drawing for Council review and pointed out specific measurements and curbings. He said he put in for the permit based on a letter from the City recommending he do so. Mr. Maples said the survey map submitted with the application is what they were using for their recommendation to deny. Mayor George suggested staff meet with Mr. Rizzo and help him file an application that accurately reflects his desires. McCLURE MOVED AND SIMS SECONDED TO DEFER THIS ITEM AND REFER IT TO STAFF TO ASSIST MR. RIZZO COMPLETE A NEW APPLICATION WITHOUT ANY ADDITIONAL FEES. The motion carried by unanimous voice vote; Edler and Place absent. *17. Set date of public hearing for August 17, 2004 to consider the Valleybrook Annexation August 17, 2004 was set as the date of public hearing to consider the Valleybrook Annexation. ORDINANCES *18. Second reading of Ordinance amending the 2004 budget and appropriating funds for 2004 fuel costs for Refuse, Streets, Parks, and other operating divisions An Ordinance amending the 2004 budget and appropriating funds for 2004 fuel costs for Refuse, Streets, Parks, and other operating divisions, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -47, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making appropriations within various operating funds for expenditure during 2004 to provide for increased fuel costs. 19. Other Business Shelley Willson, Traffic and Engineering Manager, explained the change of travel lanes on North 5 Avenue and the grind and overlay work in the vicinity of 5 Avenue from D Street to Quince. It is currently four travel lanes and a parking lane. All striping is substandard and does not meet width requirements. They are taking the four lanes and making them three lanes, providing for the same amount of capacity and providing the safety of reducing speeds and a place to turn left. There will be a better parking lane, a wide shared lane, a two -way turn lane, and a wide shared lane again. Engineering is doing a grind and overlay and it's a great opportunity when putting the new asphalt down to make this change • Information Items: Items of information provided to Council were: 7/29/04 Memo from Shelley Willson /Joan Davenport re: Change of Travel Lanes on North 5th Avenue; Document from the New Haven, Connecticut Police Department regarding false burglar alarms 8 305 AUGUST3, 2004 and describing their actions to address the problem; 7/22/04 Department of Ecology News Release: Transportation Department fined $121,000 for wetlands damage; Monthly report of the Chief of Police for April 2004; 8/5/04 Yakima Downtown Association Agenda and minutes from the 6/3/04 and 7/1/04 meetings; Planning Division Assignments Pending as of August 3, 2004; and July 26, 2004 Nation's Cities Weekly article entitled "Congress Passes Fifth TEA -21 Extension; Conferees Still Can't Agree on Highway Funding Bill Amount" 20. Continuation of Audience Participation (if needed) None needed 21. Executive Session (allow approximately 30 minutes) WHITMAN MOVED AND BONLENDER SECONDED TO MOVE TO EXECUTIVE SESSION FOR APPROXIMATELY 30 MINUTES REGARDING COLLECTIVE BARGAINING AND PROSPECTIVE LITIGATION WITH ADJOURNMENT THEREAFTER TO AUGUST 10, 2004 AT 8:30 A.M. FOR A SPECIAL BUSINESS SESSION RELATING TO THE SALE OF BONDS. The motion carried by unanimous voice vote; Edler and Place absent. 22. Adjournment Following the Executive Session, the meeting adjourned at 5:12 p.m. READ AND CERTIFIED ACCURATE BY: /d A ''. - 2J 2 / COU ► A i- EM: / DATE Arum r iicu -a. t% 1-z.t CO NC / EM ER DATE ATTEST: / 2 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 9