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.)
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*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
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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.
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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.
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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
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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.
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*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.
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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
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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
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