HomeMy WebLinkAbout10/05/2004 Business Meeting 3.53
BUSINESS MEETING
OCTOBER 5, 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 Acting City Clerk
Watkins
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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 Presentations
A. Special recognitions
• Ann Buys, 2003 Transit Employee of the Year
A 19 -year veteran, Ann Buys was recognized as Transit's 2003 Employee of
the Year.
• Dave Schmoe and Ray Aragon, Washington State Roadeo winners
The Washington State Transit Conference was held in Yakima for the first
time this year. Both of Yakima's contestants in the Roadeo placed; Dave
Schmoe first in the Van Division and Ray Aragon fifth in the 35' Bus Division.
B. Proclamations
• Northwest Harvest Day
Mayor George read a proclamation declaring October 19, 2004 as Northwest
Harvest Day. Rosemary Rief was present to accept the proclamation.
• Community in Motion Day
Council Member McClure read a proclamation declaring October 14 as
Community in Motion day promoting the benefits of public transportation.
Ken Mehin, Transit Manager, accepted the proclamation.
• Harvest Marching Band
Council Member Bonlender read a proclamation declaring October 16, 2004
as Harvest Marching Band Festival Day.
C. Appointments to Boards and Commissions (if any)
None
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OCTOBER 5, 2004
D. Status report on prior meeting's citizen service request
Doug Maples, Planning and Code Enforcement Manager, addressed the
abatement issue at 4701 Summitview Avenue raised by Mike Murphy at the
previous City Council meeting.. A code compliance officer made a site visit
and found that, although it may not be aesthetically pleasing, the property is
in compliance with current codes. Mr. Murphy responded that he didn't
accept that answer and that there were many locations needing to be
cleaned up. Council Member Sims suggested it is also our citizens'
responsibility to get involved and help out those who need help keeping their
properties clean.
Cynthia Martinez, Assistant City Attorney, clarified a citizen question on
penalties in the graffiti code. If a person is caught engaging in graffiti, they
would most likely be charged with malicious mischief, a gross misdemeanor
punishable by a year in jail and a large fine. The crime could rise to a felony
depending on the amount of damage. In contrast, the punishment for
business owners if they violated the code by supplying or displaying
implements to minors, or failed to put up signage, is they could be subject to
a fine ranging from $25 to $200. This would be a civil infraction with no risk
of jail or of obtaining a criminal record.
- 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. Items Nos. 9, 12, and 24A were added to the Consent Agenda.
The Acting 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.)
*A. Approval of the minutes of the September 21, 2004 Business and
Adjourned meetings
The minutes of the September 21, 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
Lynne Kittelson, 305 North 9 Avenue, invited the public to attend the remaining
weeks of the Farmers' Market during which time they will be celebrating Latino
Heritage month as well as a Children's Day and a Public Safety Day. Mrs.
Kittelson also mentioned a Day -of- the -Dead celebration, a Latino custom, that will
be celebrated the first part of November.
Martin Chacon, 205 West Chestnut, commented that he has seen improvement in
the pothole situation in Yakima. He supports the new truancy program and having
the police work with the school districts. He also suggested the Council think
about putting a statue of Caesar Chavez somewhere in town honoring the work he
did in helping the farm workers.
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OCTOBER 5, 2004
Rick Harpel, 806 South 69 Avenue, came forward to clarify the Neighbors for
Responsible Development (NFRD) position on the Congdon/Wal -Mart issue. Their
primary concern is for a fair and unbiased public determination process for land
use decisions. They feel the 2001 Comprehensive Plan Amendment violated the
law and he explained their reasoning. He also said that, although another Wal-
Mart is of concern to some, that is not the reason for their opposition to the
Comprehensive Plan and rezone. They are also opposed to the development
agreement between the City and Congdon. He claimed the NFRD is not holding
the City hostage by failing to negotiate.
Jamie Carmody, Counsel for the NFRD, said they are only requesting a fair and
impartial process and that the City is out of compliance with the Growth
Management Act and, as such, has compromised funding from the Public Works
Trust Fund. He recommended the City just rescind Ordinance 2001 -56 amending
the Comprehensive Plan.
Mr. Harpel described the NFRD as both a large and a small organization, with a
core group that has been involved for nearly three years. The core group is
together to work on the process, not to fight a particular entity such as Wal -Mart.
The core group is 10 -12 people and he would supply a list of names. They
propose the City rescind the 2001 Comprehensive Plan and start the public
process over again. Their first concern is the Comprehensive Plan itself and the
second is the rezone. They have pending litigation, a request for a summary
judgment to void the rezone because the Comprehensive Plan was void.
PUBLIC HEARINGS
6. Public Hearing to consider creation of the Englewood Terrace Sewer Local
Improvement District
Kay Adams, City Engineer, said, after the moratorium was lifted, the opportunity to
form an LID in Englewood Terrace is now available, and they have close to 100%
participation in it.
• Mayor George opened the public hearing
Fred Halverson said everyone is in support of the proposal with the exception of
Mr. & Mrs. Barry Wright. They are not opposed but have said they would not get
actively involved in supporting it.
• Mayor George closed the public hearing
BONLENDER MOVED AND SIMS SECONDED TO PASS THE ORDINANCE.
The motion carried by unanimous roll call vote.
ORDINANCE NO. 2004 -58, 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.
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OCTOBER 5, 2004
7. Public Hearing to consider testimony on the proposed use of the 0.3% Sales
Tax ballot issue for criminal /law and justice purposes
Police Chief Granato spoke in support of the proposed use of the 0.3% Sales Tax
funds should the measure pass. He said the staff increase of five patrol officers
and one detective would be a great boost to the department.
Sheriff Ken Irwin described the need for the revenue, outlining the huge workload
in the prosecutor's office, the shortage of law enforcement officers in the county,
and the safety risk for those officers and citizens. He assured everyone that the
money will go to the Yakima County law and justice and will not go to the jail.
Council Member Sims urged citizens to read about how this money would be used
to shore up areas that have been cut too far because of previous Eyman
initiatives.
Harold Delia, representing the County court system, spoke about the juvenile
facility. It was built for 96 kids, currently houses 65, and with the present budget
cuts will go down to 40. The money from this initiative will add two pods bringing it
back to 64 beds.
Susan Woodard, Municipal Court Judge, advised that their planned portion of the
funds, if passed, would include additional staff; a court commissioner, support staff
for the judicial officer, and a couple court clerks. It may also allow them to extend
working hours, perhaps during the evening. The additional staff would help handle
the current caseload as well as the potential increased load should there be more
officers on the street.
• Mayor George opened the public hearing
Alonzo Marques, 613 North 3rd Street, is against the increased tax because the
poor people, particularly Hispanics, cannot afford it.
Robert Owen, 614 North 3 Street, is against the increased tax.
Jason Telles, 316 Archer Road in Selah, said the county and the state should be
held accountable. There is a lot of irresponsibility that should be dealt with rather
than raising the sales tax. He questioned the need for it because his property
assessments, and therefore his taxes, are already going up.
Council Member Sims explained the impact of the reduced MVET tax to the law
and justice system and how, without a revenue source, services will be reduced
even further than they are now.
Mike Murphy, 4411 Snowmountain Road, referenced a Selah ordinance and also
suggested that cleaning up the neighborhoods would raise property value and
ultimately property taxes.
Lynne Kittelson, 305 North 9th Street, spoke in favor of the tax.
Earl Lee spoke about priorities and privatization.
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OCTOBER 5, 2004
• Mayor George closed the public hearing
PLACE MOVED AND EDLER SECONDED TO APPROVE THE STAFF
RECOMMENDATION ON THE PROPOSED USE OF THE 0.3% SALES TAX
FOR CRIMINAL/LAW AND JUSTICE. Council Member Edler questioned whether
Council could comment on whether or not they supported the increased tax itself.
City Manager Zais clarified that the recommendation came from the Public Safety
Committee for the proposed use of the fund, not for the Council to take a stand
and that was the way the public notice went out. If the Council wished to take a
position it would require having another public hearing with proper notification.
There is not enough time to accomplish that prior to absentee ballots being sent
out. The question was called for a vote on the motion. The motion carried by
unanimous roll call vote.
Following a short break, the meeting reconvened at 4:07 p.m.-
8. Public Hearing to consider ratifying and accepting the Local Law
Enforcement Block Grant Program application from the Department of
Justice.
Police Lieutenant, Mike Merryman, explained that we have enjoyed this grant for
many years but, due to Homeland Security issues, this will probably be the last
year. Previously we received as high as $170,000; it is now down to $21,000.
They expect to use the funds for the volunteer services program, parking
enforcement, and graffiti.
• Mayor George opened the public hearing
Lynne Kittelson, 305 North 9 Street, said she was in favor of the resolution.
• Mayor George closed the public hearing
BONLENDER MOVED AND EDLER SECONDED TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2004 -151 , A RESOLUTION ratifying application for a grant
in the total amount of $27,482 from the United States Department of Justice,
Bureau of Justice Administration, for funding the Local Law Enforcement Block
Grant Program, and designating and authorizing the City Manager to act as the
official representative of the City of Yakima and to take such additional steps,
including but not limited to execution of all necessary documents and contracts as
may be necessary and prudent to complete transactions associated with the grant.
CITY MANAGER'S REPORTS
*9. Consideration of Resolution regarding hazardous vegetation and debris
abatement program
RESOLUTION NO. R- 2004 -152 , A RESOLUTION authorizing the Code
Administration and Planning Manager to clear certain weedy lots.
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OCTOBER 5, 2004
10. Consideration of Resolution authorizing execution of memorandum of
understanding with the United States Bureau of Alcohol, Tobacco, and
Firearms for a Canine Accelerant Detection Program.
Deputy' Chief, Brian Schaeffer, described the research and cooperation with the
local ATF that went into this program. In the first nine months of 2004, Yakima
has had 240 arson related fires. Lieutenant Jennifer Norton was introduced as the
initiator of the program and she will be the dog's handler. She fielded questions on
how the dog is trained and how it is used in fire investigations. Also noted was
how local businesses have partnered with the Fire Department on this program.
Pet Smart is supplying grooming and food and the Yakima Vet Clinic will supply
veterinary service. SIMS MOVED AND BONLENDER SECONDED TO ADOPT
THE RESOLUTION. The motion carried by unanimous voice vote.
RESOLUTION NO. R- 2004 -153 , A RESOLUTION authorizing and directing the
City Manager to execute a memorandum of agreement between the City of
Yakima and the United States Bureau of Alcohol, Tobacco, Firearms and
Explosives for assistance with a canine accelerant detection program.
11. Consideration of Resolution authorizing execution of an agreement with the
Tri- County Hazardous Materials Response Team.
Fire Chief Mayo explained this resolution will regionalize the Hazardous Materials
Response Team by joining with Tri- County HazMat Team. This effort falls in line
with the Council's strategic priority of regionalizing government services. Deputy
Chief Schaeffer described the benefits of the agreement.
McCLURE MOVED AND BONLENDER SECONDED TO ADOPT THE
RESOLUTION.
RESOLUTION NO. R- 2004 -154 , A RESOLUTION authorizing and directing the
City Manager to execute an agreement between the City of Yakima and the Tri -
County Hazardous Materials Response Team for assistance in combating
hazardous materials incidents in the City of Yakima.
*12. Consideration of Resolution authorizing execution of Yakima Tourism
Promotion Area Administration agreement with Yakima Valley Visitors and
Convention Bureau
RESOLUTION NO. R- 2004 -155, A RESOLUTION authorizing and directing the
City Manager to execute a "Yakima Tourism Promotion Area Administration
Agreement: with the Yakima Valley Visitors and Convention Bureau to administer
the activities and programs of the Yakima County Tourism Promotion Area.
*13. Consideration of Resolution authorizing a water line easement deed in favor
of Nob Hill Water Association.
RESOLUTION NO. R- 2004 -156 , A RESOLUTION authorizing and directing the
City Manager to execute a water line easement in favor of the Nob Hill Water
Association for the installation of a water line within Randall Park, Yakima
Washington.
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OCTOBER 5, 2004
*14. Consideration of Resolution authorizing a Quit Claim Deed in favor of
Kenneth and Barbara Keller
RESOLUTION NO. R- 2004 -157 , A RESOLUTION authorizing and directing the
City Manager to execute a Quit Claim Deed transferring a portion of the City -
owned Yakima Valley Transportation Company (YVT) right -of -way to Kenneth and
Barbara Keller.
*15. Consideration of a Resolution to consent to assignment of the Inmate
Telephone Service Agreement from the Qwest Corporation to FSH
Communications, LLC
RESOLUTION NO. R- 2004 -158 , A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a "Consent to Assignment and Assumption of
Obligations, Duties and Liabilities re Inmate Telephone Service Agreement" from
the Qwest Corporation to FSH Communications, LLC.
*16. Consideration of Resolution granting a fireworks display for October 15,
2004 to Eagle Fireworks and waiving permit fee on behalf of Eisenhower
High School ASB
RESOLUTION NO. R -2004 -159 , A RESOLUTION granting a public fireworks
display permit to Eagle Fireworks and waiver of the $50.00 permit application fee
on behalf of Eisenhower High School ASB.
*17. Set date of public hearing for October 19, 2004 to consider the Hearing
Examiner's recommendation to approve a right -of -way vacation for portions
of N. 31 N. 32 and Hathaway Avenues
October 19, 2004 was set as the date of public hearing to consider the Hearing
Examiner's recommendation to approve a right -of -way vacation for portions of N.
31 N. 32 and Hathaway Avenues.
*18. Set date of public hearing for October 19, 2004 to consider the South 18
Street Annexation.
October 19, 2004 was set as the date of public hearing to consider the South 18
Street Annexation.
*19. Schedule a study session for October 12, 2004 and Set date of public hearing
for November 2, 2004 on a Section 108 loan application from Morrier Hotel,
LLC for construction of a Hilton Garden Inn at 401 East Yakima Avenue
A study session was scheduled for October 12, 2004 and November 2, 2004 was
set as the date of public hearing on a Section 108 loan application from Morrier
Hotel, LLC for construction of a Hilton Garden Inn at 401 East Yakima Avenue.
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OCTOBER 5, 2004 '6 5
ORDINANCES
*20. Consideration of legislation approving Collective Bargaining settlement with
IAFF
A. Resolution authorizing execution of Collective Bargaining Agreement
RESOLUTION NO. R- 2004 -160 , A RESOLUTION authorizing and directing the
City Manager to execute collective bargaining agreements for calendar years
2004, 2005, and 2006 with the International Association of Firefighters (Fire
LEOFF), AFL -CIO.
B. Ordinance amending compensation and pay plan
ORDINANCE NO. 2004 -59, AN ORDINANCE relating to City personnel; adopting
a classification and compensation plan for City employees to be effective
November 7, 2004; amending Subsections 2.20.100A, 2.20.100C, 2.20.100D,
2.20.220A, 2.20.1108, 2.20.110C, and 2.20.110F all of the City of Yakima
Municipal Code.
*21. First reading of Ordinance amending the 2004 Fire, EMS, and City Clerk
Records Budgets (No action required at this meeting; second reading scheduled October
19, 2004)
An Ordinance amending the 2004 budget and appropriating funds to provide for
negotiated wages and benefits for the International Association of Firefighters
(IAFF); and making an appropriation in the 000 - General Fund for additional
election costs, was read by title only, and laid on the table until October 19, 2004
for a second reading.
*22. Second reading of Ordinance amending the 2004 budget and appropriating
funds in the ONDS budget for HOPE -3 program
An Ordinance amending the 2004 budget and appropriating funds for expenditure
during 2004 to provide additional HOPE 3 project funds, previously having been
read by title only, was brought before the Council for a second reading.
ORDINANCE NO. 2004 -60, AN ORDINANCE amending the 2004 budget for the
City of Yakima; and making an appropriation of $252,000 in the 124- Office of
Neighborhood Development Services Fund for expenditure during 2004 to provide
additional HOPE 3 project funds.
QUASI JUDICIAL PUBLIC HEARING
23. Closed Record Public Hearing 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
Council had no ex -parte contact to disclose.
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OCTOBER 5, 2004
Mary Lovell, Associate Planner, explained the request was made by the Parks
Division to rezone one parcel from R -2, Two - Family Residential, to R -3, Multi -
Family Residential.' This would permit the location of professional offices in the
Southeast Community Center. A public hearing was conducted on August 12,
2004 and the Hearing Examiner issued a recommendation for approval of the
rezone on August 26, 2004. Denise Nichols, Parks and Recreation Manager,
responded to Councils' questions about what is different now from previous uses
at the center. Although there have been a broad range of services offered in the
past while it was zoned R -2, with a new management team coming in a rezone to
R -3 would give them the self- sufficiency to bring in revenue with a broader depth
of programs and still be in compliance. Mrs. Lovell explained that the R -3 zoning
is still very restrictive. Chris Waarvick, Director of Public Works added that the
request for rezone is to clear the road of potential impediments for future uses.
There is not a concrete list of services OIC wants to put in place but this rezone
will help expand their opportunity to create revenue thereby avoiding the
requirement of significant subsidy from the Parks Division.
• Mayor George opened the public hearing
No one came forward to speak.
• Mayor George closed the public hearing
SIMS MOVED AND PLACE SECONDED TO UPHOLD THE HEARING
EXAMINER'S RECOMMENDATION AND DIRECT STAFF TO BRING BACK
APPROPRIATE LEGISLATION. The motion carried by unanimous voice vote.
24. Other Business
*A. A resolution resetting the date of public hearing before the Hearing
Examiner to October 28, 2004 to consider vacation of right -of -way on
Quince Street in the vicinity of North 5 and North 6 Avenues
requested by Stewart Subaru
RESOLUTION NO. R- 2004 -161, A RESOLUTION fixing time for a public hearing
before the Hearing Examiner on October 28, 2004, on a petition to vacate a
portion of Quince Street lying westerly of N. 5 Avenue and easterly of N. 6th
Avenue.
• Airport Overlay
Council Member Edler commented about recent meetings regarding the airport
overlay and expressed concern that affected landowners are not involved in the
meetings. He was assured that the recent meetings were to bring a new board
member (Bill Wheeler) up to speed, as well as to try to resolve some conflict
between the Airport Board and the consultants. There will be another public
meeting at the end of October and a joint session with Union Gap and Yakima
County, and it will be open to the public for comment. City Manager Zais
explained there are some technical disagreements between the City's consultant
and the airport consultant that are being worked out prior to presenting anything to
the public. He said this is really a land use ordinance rather than an overlay.
.
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• 3.6,7
OCTOBER 5, 2004
There is a study session planned for October 26 This issue is significant and the
City will follow all the noticing procedures to make sure affected people are
involved.
• Mt. St. Helens
City Manager Zais gave a status report on Mt. St. Helens and advised that
emergency services personnel are on notice. We do not expect a major
catastrophic eruption on the order of 1980 but there is a briefing meeting
scheduled for early Thursday morning.
• ; Information Items
Items of information provided to Council were: City Meeting Schedule for week of
October 11 - 18, 2004; Preliminary Agenda for October 19, 2004 Council Meeting; 10/8/04
E- mailed update from Jim Hall on Mount St. Helens; 10/6/04 News Release from
Washington State Department of Veterans Affairs re: special town hall meeting on October
14, 2004; The 9/11 Report and Its Implications for Eastern Washington and Northern Idaho
prepared by Preston Gates & Ellis (Slade Gorton); 10/12/04 Yakima Valley Technical Skills
Center Open House Announcement; Planning Division Assignments Pending as of October
12, 2004; About Growth; Fall 2004
25. Executive Session
PLACE MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE
SESSION REGARDING PENDING LITIGATION FOR APPROXIMATELY 45
MINUTES WITH ADJOURNMENT THEREAFTER TO 7 :00 P.M. FOR A CLOSED
RECORD PUBLIC HEARING ON REZONE REQUEST FROM GARY
CARNEVALI, THEN TO 5 :00 P.M. OCTOBER 12, 2004 FOR A SPECIAL
BUSINESS MEETING PRESENTING THE 2005 PRELIMINARY BUDGET
FORECAST, THEN TO 5 :30 P.M. FOR A STUDY SESSION ON THE MORRIER
HOTEL PROJECT. The motion carried by unanimous voice vote.
26. Adjournment
Following the Executive Session, the meeting adjourned at 6:10 p.m.
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g READ AND'CERTIFIED ACCURATE BY A:kev,
COUNCI EMBE DATE
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COUNCIL MEM Rs DATE
ATTEST:
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CITY CLERK PAUL P. GEORGE, MA OR
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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