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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 • 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 359 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. 2 360 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. 3 • 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. 4 362 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. 5 363 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. 6 364 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. 7 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. { 8 3 6 6 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. . 9 • 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. • g READ AND'CERTIFIED ACCURATE BY A:kev, COUNCI EMBE DATE -zS 0 5 COUNCIL MEM Rs DATE ATTEST: /(Aalt (21...4 _O-F 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 10