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HomeMy WebLinkAbout09/21/2004 Business Meeting 3.44 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL SEPTEMBER 21, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Edler gave the invocation followed by the Pledge of Allegiance led by Council Member McClure. 3. Open Discussion for the Good of The Order /Special Presentations A. Special Presentation Mayor George presented a distinguished service award to Fred Iraola for his service on the City /County Airport Board as well as many years of community service. B. Appointments to Boards and Commissions BONLENDER MOVED AND McCLURE SECONDED TO APPOINT FLOYD STRAUSS, BILL ASH, AND JOE WILLIS TO THE CAPITAL FACILITIES COMMITTEE. The motion carried by unanimous voice vote. An announcement was made that there are two more vacancies and we are soliciting applications interested citizens. C. Status report on prior meeting's citizen service request (if any) 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. 10 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. (Subsequent paragraphs preceded by an asterisk (*) indicate items on the Consent Agenda handled under one motion without further discussion.) 34 SEPTEMBER 21, 2004 Council Member Edler commented that he hoped the community understands that budget constraints are continuing to cause cuts and outsourcing that greatly affect services. He challenged citizens to read the consent items in order to realize what the Council must deal with in light of how income is accumulated by cities. *A. Approval of the minutes of the September 7, 2004 Business and Adjourned meetings The minutes of the September 7, 2004'Adjourned and Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. Audience Participation Sandy Massong — Lloyd, 5501 West Arlington, expressed anger with the City Council for comments made at previous Council meetings about the Congdon -Wal -Mart situation. As a result, she said people are accusing them of costing the City thousands of dollars. She claimed the Neighbors for Responsible Development (NFRD) are not the cause of any expense to the City and, although they are at odds with the City, Congdon, and Wal -Mart, it is through no actions of theirs. She said the problem started because the City made mistakes and now it is Congdon and Wal- Mart that are blocking this from going forward. Mike Murphy, 4411 Snowmountain Road, complained about the condition of the property at 4701 Summitview Avenue for the fourth time. He also mentioned that there are thousands of abandoned cars in city neighborhoods that need to be cleaned up. Jim Evans, 4405 Summitview Avenue, complained about the condition of the Doty project and the City's handling of the weeds, trees, and sidewalks. He also asked about the $10,000 bond that was put up for each house to get fixed. He commented that the Washington Avenue project was started at a poor time and that there will be overrun costs because of it. Joe Caruso, Supervising Code Inspector, responded to the questions on performance bonds and gave a status report on the Doty project. He also advised that the violations at the house at 4701 Summitview Avenue have been abated. He opined that it is not the prettiest abatement, but it does satisfy the clearview situation. Mr. Murphy suggested the Codes Department look at it again as it is in terrible condition. PUBLIC HEARING 6. Public hearing to consider appealed filed by Jeffrey Pfouts on the denial of the renewal of taxi driver's license Mayor George offered Mr. Pfouts the opportunity to have this issue discussed in an Executive Session. Mr. Pfouts declined the offer and pled his case publicly claiming he had only three moving violations, one of which would be removed in December. He responded to questions that a "hit/run unattended" was not a moving violation 2 3 4.6 SEPTEMBER 21, 2004 and that he had run into a parked car and didn't leave a note. Sofia Mabee, Assistant City Attorney, advised Council that a hit and run is a moving violation. Through further discussion and information supplied by Officer Jim Belton, it was determined. Mr. Pfouts has four moving violations and, even with one being removed in December, three in five years is the restriction of the ordinance. It was also noted that the hit/run violation was "attended" and the Department of Licensing should be notified of the error in their record. SIMS MOVED AND PLACED SECONDED TO DENY THE RENEWAL OF HIS TAXI LICENSE. The motion carried by unanimous voice vote. CITY MANAGER'S REPORTS 7. Consideration of Resolution abatement of clearview violations at: A. 923 South 26th Avenue, Jayne Koehn This item was pulled from the agenda because the violation has been abated. B. 1502 South 27th Avenue, Mary Gellerson Shelley Willson, Street and Traffic Operations Manager, requested approval to send out the final notice on this clearview violation. The City Clerk read the resolution by title only; SIMS MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The question was raised as to why these items come before the City Council. Currently the ordinance requires the City Council to review and act on these issues. The ordinance can be changed. The question was called for a vote on the motion. The motion carried by unanimous voice vote. RESOLUTION NO. R- 2004 -141, A RESOLUTION authorizing enforcement of intersection clear view violation at 1502 S. 27 Ave., as described in Yakima Municipal Code 8.80.040. PLACED MOVED AND McCLURE SECONDED TO REVISE THE ORDINANCE TO ALLOW STAFF TO ABATE THE CLEARVIEW VIOLATIONS WITH APPEALS COMING BEFORE THE COUNCIL OR HEARING EXAMINER. The motion carried by unanimous voice vote. Council Member Sims asked Mrs. Willson to review the last five years to determine how many appeals had come before Council with public testimony. McCLURE MOVED AND PLACE SECONDED TO BRING THE WEED ABATEMENT ORDINANCE FORWARD AND REVISE IT TO ALLOW STAFF TO ABATE THE VIOLATION WITH APPEALS COMING BEFORE THE COUNCIL. The motion carried by unanimous voice vote. 8. Consideration of Resolution authorizing execution of contract with National Development Council for economic development project review and evaluation Bill Cook, Director of Community and Economic Development, presented legislation authorizing a contract with the National Development Council (NDC) who assists the City with economic development initiatives. They are a non - profit organization that provides assistance to government agencies. We have worked with John Finke, the 3 347 SEPTEMBER 21, 2004 City of Yakima's representative, under contract for three years during which time they have helped stimulate over $40 million of development. Michael Morales, Community and Economics Specialist, described projects and incentives NDC has worked with the City on and explained why this is a service we cannot provide in- house. Council Member Sims endorsed the contract saying it is a critical element of a whole economic package to help business expand, develop, or relocate to Yakima. City Manager Zais supplemented the staff's statements by reminding Council that economic development and job creation are some of the City's highest priorities and we are able to move quickly with the expertise of NDC. 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. RESOLUTION NO. R- 2004 -142 RESOLUTION authorizing the City Manger to execute a Technical Assistance Agreement with the National Development Council (NDC) for the purpose of obtaining technical assistance services related to local, state and federally funded community and economic development projects and activities. *9. Consideration of Resolution authorizing execution of administrative services agreement with AFLAC for a Flexible Spending Account Program RESOLUTION NO. R- 2004 -143 RESOLUTION authorizing and directing the City Manager to execute an agreement and all other necessary and appropriate documents with American Family Life Assurance Company (AFLAC) for assistance with the establishment and maintenance of a flexible spending account program for eligible city employees; and authorizing the City Manager to take all necessary and appropriate actions to establish and maintain a Flexible Benefits Plan. 10. Consideration of Resolution authorizing execution of agreement with fire protection districts within Yakima County for mutual aid assistance Council Member Place pointed out that the Fire Chief, Dennis Mayo, has done a good job of working toward regionalization with this mutual aid agreement. Chief Mayo noted that the major change in'the contract was the addition of the Yakima Fire Training Center. Another change is payment for service beyond an initial two hours that are supplied to outside agencies. These agencies are acknowledging we have training above and beyond what they have and want to compensate us for that. The City Clerk read the resolution by title only; BONLENDER MOVED AND WHITMAN SECONDED TO APPROVE THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -144, A RESOLUTION authorizing the execution of a Mutual Aid Agreement with certain Fire Protection Districts and Cities located in Yakima County. *11. Consideration of Resolution authorizing execution of professional services contract with Le Master and Daniels for the provision of human resources and job development consulting services RESOLUTION NO. R- 2004 -145, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Le Master & Daniels PLLC for human resource management consulting services. 4 348 SEPTEMBER 21, 2004 *12. Consideration of Resolution authorizing execution of professional services contract with Dueane Calvin for assistance with the Lower Naches River Project RESOLUTION NO. R- 2004 -146, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a consulting services agreement with Dueane Calvin for the purpose of obtaining consulting services regarding water resource management, and to maintain a continuing presence within a variety of water resource related organizations. *13. Consideration of Resolution declaring a Water Department step -van as surplus and authorizing its sale RESOLUTION NO. R- 2004 -147, A RESOLUTION declaring a 1991 Isuzu Step -van, License number 08350D to be surplus to the needs of the City of Yakima and the Water Department, and authorizing the sale of the truck by whatever means determined to be appropriate by the City Manager, such as "e- bay ", local auction, or sealed bid. *14. Consideration of Resolution authorizing execution of an Interlocal Cooperative Purchasing Agreement with the City of Bellevue, WA RESOLUTION NO. R- 2004 -148, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with The City of Bellevue, WA. *15. Consideration of Resolution setting date of public hearing before the Hearing Examiner for October 14, 2004 to consider vacation of right -of -way on Quince Street in the vicinity of North 5th and N. 6th Avenues requested by Stewart Subaru RESOLUTION NO. R- 2004 -149, A RESOLUTION fixing time for a public hearing before the Hearing Examiner on October 14, 2004, on a petition to vacate a portion of Quince Street lying westerly of N. 5 th Avenue and easterly of N. 6 th Avenue. *16. Set date of closed record public hearing for October 5, 2004 to consider the Hearing Examiner's recommendation on a rezone of property located at 1211 South 7 Street (Southeast Community Center), requested by the City of Yakima Parks and Recreation Division October 5, 2004 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation on a rezone of property located at 1211 South 7 th Street (Southeast Community Center), requested by the City of Yakima Parks and Recreation Division. , *17. Set date of public hearing for October 5, 2004 to consider the City's proposal for use of 0.3% sales tax increase placed on 11/2/04 ballot for criminal justice services October 5, 2004 was set as the date of public hearing to consider the City's proposal for use of 0.3% sales tax increase placed on the 11/2/04 ballot by Yakima County for criminal justice services. 5 349 SEPTEMBER 21, 2004 *18. Set date of closed record public hearing for October 5, 2004 at 7:00 p.m. to consider the Hearing Examiner's recommendation on a rezone of property in the vicinity of South 38 Avenue and West Nob Hill Blvd., requested by Gary Carnevali and Frank Paganelli d /b /a Nob Hill Enterprises October 5, 2004, at 7:00 p.m., was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation on a rezone of property in the vicinity of South 38 Avenue and West Nob Hill Blvd., requested by Gary Carnevali and Frank Paganelli d /b /a Nob Hill Enterprises. *19. Set date of public hearing for October 19, 2004 to consider an amendment to the Yakima Urban Area Capital Facilities Plan and Comprehensive Plan for authorization to expend revenue from the second - quarter percent Real Estate Excise Tax for street repair and improvements October 19, 2004 was set as the date of public hearing to consider an amendment to the Yakima Urban Area Capital Facilities Plan and Comprehensive Plan for authorization to expend revenue from the second - quarter percent Real Estate Excise Tax for street repair and improvements. *20. Set date of public hearing for October 19, 2004 at 7:00 p.m. to consider the review of the 2004 domestic water rate study October 19, 2004, at 7:00 p.m., was set as the date of public hearing to consider the review of the 2004 domestic water rate study. *21. Approval of reports from the Finance Department: A. Second Quarter 2004 Revenue and Expenditure (Budget) Report The Second Quarter 2004 Revenue and Expenditure (Budget) Report was approved. B. Second Quarter 2004 Accounts Receivable Report The Second Quarter 2004 Accounts Receivable Report was approved. C. Second Quarter 2004 Treasurer's Report The Second Quarter 2004 Treasurer's Report was approved. ORDINANCES *22. Consideration of Ordinance amending the Valleybrook Annexation legislation to provide for garbage and refuse collection franchise service provisions ORDINANCE NO. 2004 -55, AN ORDINANCE concerning annexation; regarding Ordinance No. 2004 -48 which annexed certain property, Assessor's Parcel No. 1081332- 24005, on the south side of Spokane Street west of South 71 Avenue (Commonly known as the "Valleybrook Annexation ") to the City of Yakima; and .amending Section 6 of Ordinance No. 2004 -48 to provide that a garbage and refuse collection service franchise granted to Yakima Waste Systems, Inc., does not apply 6 350 • SEPTEMBER 21, 2004 with regard to garbage and refuse generated by commercial establishments within the Valleybrook Annexation. *23. Consideration of Ordinance amending the TWM Rentals Annexation legislation to provide for garbage and refuse collection franchise service provisions ORDINANCE NO. 2004 -56, AN ORDINANCE concerning annexation; regarding Ordinance No. 2004 -52 which annexed certain property, Assessor's Parcel Nos. 1 81 333 -41 001 and 41002, at the southwest corner of South 80 Avenue and West Nob Hill Boulevard (commonly known as the TWM Rentals Annexation ") to the City of Yakima; and amending Section 6 of Ordinance No. 2004 -52 to provide that a garbage and refuse collection service franchise granted to Yakima Waste Systems, Inc., does not apply with regard to the garbage and refuse generated by commercial establishments within the TWM Rentals Annexation. *24. Second reading of Ordinance amending the 2004 budget and appropriating funds in the Parks and Recreation Division for program expenses - An Ordinance amending the 2004 budget and appropriating funds for Parks and Recreation Division program expenses, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -57, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $90,000 in the 131 — Parks and Recreation Fund for expenditure during 2004. *25. First reading of Ordinance amending the 2004 budget and appropriating funds in the ONDS budget for HOPE 3 program (no action required; second reading scheduled 10/5/04) An Ordinance amending the 2004 budget and appropriating funds to provide additional HOPE 3 project funds, was read by title only, and laid on the table until October 5, 2004 for a second reading. 26. Other Business A. Consideration of Resolution granting a fireworks display permit for October 1, 2004 to Eagle Fireworks and waiving permit fee on behalf of Davis High School ASB The City Clerk read the resolution by title only; EDLER MOVED AND PLACE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -150, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks and waiver of the $50.00 permit application fee on behalf of Davis High School ASB. Council Member Edler asked for an update on the Congdon/Wal -Mart situation. City Manager Zais said that a new judge has been appointed and very soon a, motion will be filed for summary judgment to request the court to move forward with a decision on the pending land use appeal and Comprehensive Plan Amendment. We continue to hope for a negotiated settlement to the disagreements between the 351 SEPTEMBER 21, 2004 various parties. The City has advanced a proposal in that regard but has had no formal response. On a parallel course, we are having the court act in order to have some certainty for the future; important for property development and to protect neighborhood interests. Of paramount importance to the City is the restoration of Growth Management compliance and eligibility for Public Works Trust Fund loans. These loans enable us to compete for low interest funds. The process is going - forward on a second rezone application, made by Wal -Mart, to site the store on South 64 Avenue. It still must go through the environmental review process. There have been delays in processing the technical data. In the SEPA process, noise, traffic, contamination of soils, are not adequately addressed in the work done by Wal -Mart. We are still waiting for that so we can go forward on the EIS for public comment and trigger the next phase, the Hearing Examiner consideration of the rezone. It will ultimately come forward to the City Council. Finally, there is a pending supplemental environmental impact statement (SEIS) decision requested of Congdon with regard to their Comprehensive Plan Amendment. That has been pending for a year and we have not had a response from them. That's an issue of frustration. It was partly delayed based on their belief that the Wal -Mart EIS may satisfy that need, although we felt it stood alone. These things take time and alongside all of this are complicated legal issues that have to be reviewed by legal counsel. The City has been sued by the NFRD and we have three major cases to review. We have been through extensive efforts to mediate which hasn't been successful. It is no secret the City favors an alternate site for the location of Wal- Mart with proper mitigation, a proper review, and protection of the interests of all parties, and balance competing interest of neighbors rights for protection of land values and the needs for the developer to have the opportunity to develop their property. The question of whether WaI -Mart should be there or not is based on two things; the marketplace and compliance with the law. Wal -Mart decides the marketplace. The decision on rezone placement of the store rests with the City Council although, the Council's final decision may not be final. It could still be appealed to Superior Court. City Attorney Paolella gave a legal perspective on the role of the City Council on the issue: There is a prior rezone process in litigation and another rezone application currently pending. Under state law, any property owner has a right to have an application processed. There will be a time for the City Council to make a decision on the rezone application. At that point in time, this City Council will be sitting in a quasi - judicial capacity and making a quasi - judicial decision on whether to approve, deny, or impose conditions. That decision is heavily regulated by the legal process dictated by state law. That is what will happen once the environmental process is , complete. • Information Items Items of information provided to Council were: 9/15/04 Public Service Announcement regarding Repairs on Mead Avenue from Rudkin Rd. to South First Street; 9/14/04 News Release from Yakima Regional Clean Air Authority regarding Burn ban lifted; Notice of September 22, 2004 Stormwater Open House hosted by City of Yakima, City of Union Gap, and Yakima County; Agenda for the September 29, 2004 Yakima Housing Authority Board meeting; 9/8/04 Memorandum from Yakima Air Terminal Board announcing cancellation of September 23, 2004 Board meeting; 8 • 352 SEPTEMBER 21, 2004 Second Quarter 2004 Municipal Court / Probation Office Statistics; Planning Division Assignments Pending as of September 21, 2004; Article from CNN Money: Tax dollars state by state; and 9/7/02 Letter from Yakima Regional Clean Air Authority re: PM10 Limited Maintenance Plan relating to demolition contractors. 27. Executive Session regarding prospective and pending litigation / property disposition (allow approximately 30 minutes) PLACE MOVED AND McCLURE SECONDED TO MOVE INTO EXECUTIVE SESSION REGARDING PROSPECTIVE AND PENDING LITIGATION /PROPERTY DISPOSITION FOR APPROXIMATELY 30 MINUTES WITH ADJOURNMENT THEREAFTER TO 7:00 P.M. FOR A PUBLIC MEETING ON OPTIONS FOR STREET NAME CHANGE REQUESTED TO HONOR DR. MARTIN LUTHER KING, JR.; THEN TO SEPTEMBER 28, 2004 AT 5:30 P.M. IN THE COUNCIL CHAMBERS FOR A STUDY SESSION ON THE AMENDED CIVIL EMERGENCY ORDINANCE. The motion carried by unanimous voice vote. 28. Adjournment Following the Executive Session, the meeting adjourned at 3:34 p.m. — READ AND CERTIFIED ACCURATE BY 5 CEMBER / DATE ,i1 CO NCIL ME 'E° DATE ATTEST: ,, 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