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HomeMy WebLinkAbout01/18/2005 Business Meeting 26 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL JANUARY 18, 2005 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll CaII Present: Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan Whitman Staff: Assistant City Manager Rice, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Bonlender 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 Council Member Sims announced that after reviewing current policy they have decided to move the study sessions back to morning meetings. Effective February 1, 2005, study sessions will be held from 7:30 -9:00 a.m. on alternating Tuesdays from the Council meetings. He emphasized that the public can reach the City Council via the internet (e- mail), telephone, or in writing prior to the Council meetings. SIMS MOVED AND PLACE SECONDED TO CHANGE THE STUDY SESSION TIME TO MORNINGS, 7:30 TO 9:00 A.M. The motion carried by a 6 -1 voice vote, Bonlender voting nay. Council Member Bonlender said he would prefer the study sessions to be held in the evenings since the Council meetings are held during the daytime. Council Member Edler pointed out that Mayor George and Council Member Place both had articles in the newspaper. Mayor George had an editorial explaining the plight of the city and Council Member Place was quoted about the recent state of the cities of Washington. Mayor Place gave a synopsis of the article. The Association of Washington Cities did a study in which 212 out of 281 cities responded. Essentially, the study determined that because of tax limiting initiatives and the economy, revenue has been limited. Most cities think they are less able, to provide services and expect it to get worse over the next five years. She also said they are going to the Legislature and asking for direct allocations from the gas tax for our streets as well as more flexibility in the use of money received. Currently every time we get funds we are directed where it can be used. 27 JANUARY 18, 2005 A. Proclamations • School Board Recognition Month Mayor George read a proclamation declaring January to be School Board Recognition month. Dr. Ben Soria, Superintendent, accepted the proclamation and thanked all the hard working volunteers who serve on the school board. • Toastmasters Week Council Member McClure read a proclamation declaring January 30 to Feb 5 th as Toastmasters Week. B. Appointments to Boards and Commissions (if any) None 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. Items Nos. 4A and 8 were put on the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. PLACE MOVED AND SIMS 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 November 16, 2004 Business meeting and the November 23, 2004 Adjourned meetings (2) The minutes of the, 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. Prior to Audience Participation, Item No. 7 was discussed to accommodate Judge Woodard's schedule. 5. Audience Participation Jim Evans, 4405 Summitview, requested clarification of comments in Mayor George's editorial in the newspaper. Assistant City Manager Rice explained that the intent was to clarify that the building and expansion of designated arterials are funded by state and federal resources. Mr. Evans questioned why we don't support the maintenance of our streets rather than spend money on other things like litigation costs and the Capitol Theatre. He questioned the City's priorities. Council Member Place countered that transportation is very important to us. With the revenue decrease due to 1 -695, the Council tried to not reduce the levels of service by prioritizing funds, consolidating departments, and cutting positions. Now, five years later, the public is impacted because we took money away from our streets. 2 2 8 JANUARY 18, 2005 We will be asking for more money because transportation needs are crucial for our economy. Council Member McClure added that the way government works is frustrating, you cannot spend law and justice money on streets, you cannot spend transit money on streets, nor can you spend sewer money on streets. Mr. Evans complained that the city's equipment is all the latest model and that city employees are not productive. Mike Murphy, 4411 Snowmountain Road, requested an update on the Doty project. Joe Caruso, Supervising Code Inspector, said that Phil Sallee took over several of the properties, but he passed away about a month ago. We are now dealing with his son, Larry. Larry Sallee advised he was waiting until February 9th or 10 due to the statute of limitations before tearing the houses down in case Mr. Doty possibly had some continuance. Mr. Murphy then referred to a couple of articles in the latest issue of the Puget Sound Business Journal. Lynne Kittelson, 305 North 9 th Street, requested a one -page definitive answer to what are we going to be paying soon, as well as later, with regard to all areas of water (domestic, irrigation, stormwater). CITY MANAGER'S REPORTS 6. Consideration of Report regarding suggested policy procedure / process for renaming streets Bill Cook, Director of Community and Economic Development, said the report is a suggested process for the changing of a street name. It involves both private and public funding. He said a written process is appropriate in order to sequence the requests. He supplied Council with examples from around the country and highlighted some of the common themes and critical issues. Also included was a draft policy in an effort to list some of the critical items for an future ordinance. A petition requirement with a minimum number of property owners was suggested, followed by a public hearing, and that the Council's action would be final. It was also suggested there be a time lag before implementation to allow property owners time to make arrangements for the change. Council Member Place asked if we had a policy for naming a street, different from renaming. Doug Maples, Code Administration and Planning Manager, said we do not. Discussion continued covering application fees, name length, petition percentage requirements, and name meanings. Reverend Trimble commented that if we are going to rename a street, there should be a list of all the requirements in order to get it done right, but it shouldn't be a long drawn out process. He said he was aware.that there has been discussion about naming a street, pathway, or other memorial, after Martin Luther King, Jr. and suggested a compromise could be easily accomplished through the naming of a section of Interstate 82 in his memory. He proposed the section of 1 -82 from the Selah gap to Union Gap in a manner acceptable to the City of Yakima, Union Gap, the County, and the State. Assistant City Manager, Glenn 3 29, JANUARY 18, 2005 Rice advised that when he called the State Department of Transportation and asked about the procedure he was informed it would require a local resolution. Mayor George said he would still like the naming and renaming procedures written. SIMS MOVED AND BONLENDER SECONDED TO DIRECT STAFF TO BRING BACK APPROPRIATE LEGISLATION TO EFFECT THE CHANGE ON 1 -82 FROM SELAH TO UNION GAP, AFTER WORKING WITH THE OTHER JURISDICTIONS. The motion carried by unanimous voice vote. Mr. Rice said they would bring back more information and staff would prepare whatever legislation is necessary. 7. Consideration of Resolution authorizing execution of Interlocal Agreement with Yakima County District Court for temporary. probation supervision and consulting services Municipal Court Judge, Susan Woodard, said they have had ongoing efforts to consolidate and cooperate with Yakima County District Court to provide increased services at decreased costs. Donald Belisle, Superior Court Administrator, said there is a large group of professionals in both the city and the county doing the same functions. This action will merge the two efforts and become more efficient. The City Clerk read the resolution by title only, SIMS MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by a unanimous roll call vote. RESOLUTION NO. R- 2005 -10, A RESOLUTION authorizing the Presiding Judge of the Yakima Municipal Court to execute an agreement with Yakima County District Court for the provision of temporary probation supervision and consulting services. *8. Consideration of Resolutions adopting emergency operation plans: A. Comprehensive Emergency Management Program and the 2004 Yakima County Multi- Jurisdictional Hazards Mitigation Plan RESOLUTION NO. R- 2005 -11, A RESOLUTION adopting the 2003 Yakima County Comprehensive Emergency Management Program and the 2004 Yakima County Multi- Jurisdictional Hazards Mitigation Plan as the Official Emergency Response /Hazards Mitigation Plan for the City of Yakima. B. National Incident Management Systems RESOLUTION NO. R- 2005 -12, A RESOLUTION adopting the National Incident Management System (NIMS) as the standard for incident management by the City of Yakima as required by Homeland Security Presidential Directive 5. *9. Consideration of Resolution authorizing execution of an agreement with West Valley Fire Protection District No. 12 for the transfer of a fire vehicle to the City of Yakima RESOLUTION NO. R- 2005 -13, A RESOLUTION authorizing and directing the City Manager to execute a vehicle transfer agreement between the City of Yakima and Yakima County Fire Protection District No. 12 for the transfer of a Chevrolet Tahoe to the City of Yakima. 4 3 0 JANUARY 18, 2005 *10. Consideration of Resolution authorizing execution of Harman Center Site Use Agreement with Yakima County Department of Food Services RESOLUTION NO. R- 2005 -14, A RESOLUTION authorizing the City Manager and City Clerk to execute The Harman Center Site Use Agreement between the City of Yakima and Yakima County Department of Food Services to provide food service operations at the Harman Center. *11. Consideration of Resolution authorizing execution of agreement with West Valley School District for pedestrian and vehicle improvements to Summitview Elementary School along West Chestnut Avenue RESOLUTION NO. R- 2005 -15, A RESOLUTION authorizing the City Manager to execute an agreement with the West Valley School District regarding pedestrian and vehicle improvements to Summitview Elementary School along West Chestnut Avenue. *12. Consideration of Resolution authorizing execution of contract with Huibregtse, Louman and Associates for 96 Avenue Sewer Design RESOLUTION NO. R- 2005 -16, A RESOLUTION authorizing and directing the City Manager to execute a consulting services agreement between the City of Yakima and Huibregtse, Louman & Associates for design and plan preparation services related to the 96 Avenue Sewer Extension Project. *13. Consideration of Resolution authorizing execution of Memorandum of Understanding with IAFF regarding the canine handler position RESOLUTION NO. R- 2005 -17, A RESOLUTION authorizing and directing the City Manager to execute a Memorandum of Understanding between the City of Yakima and the International Association of Firefighters Local 469 (LEOFF) regarding the new Yakima Fire Department canine handler position. *14. Consideration of Resolution authorizing execution of agreement with the Department of Transportation to include sewer and water mainlines improvements in the SR -24 Reconstruction project RESOLUTION NO. R- 2005 -18, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Agreement for Sanitary Sewer and Domestic Water Improvements and Funding between the City of Yakima and the Washington State Department of Transportation (WSDOT) regarding sewer and water mainline construction in conjunction with the SR -23 Reconstruction Project. *15. Consideration of Resolution authorizing participation in ICMA 457 Retirement Plan re: I.R.S. tax deductions RESOLUTION NO. R- 2005 -19, A RESOLUTION authorizing the City Manager to take all necessary and appropriate action to allow city employees separating from service to defer accumulated vacation pay to the City of Yakima's tax deferred compensation plan in a manner and under conditions deemed appropriate by the City Manager. 5 31.- JANUARY 18, 2005 *16. Consideration of Resolution authorizing the Fire Chief to execute training service agreements with outside training agencies RESOLUTION NO. R- 2005 -20, A RESOLUTION authorizing and directing the Fire Chief of the City of Yakima Fire Department to execute training service agreements that are substantially in accord with the terms and conditions of the attached for "Training Service Agreement" in order to obtain professional training services during 2005. *17. Consideration of Resolution accepting the 4 Quarter 2004 Claims Activity Report RESOLUTION NO. R- 2005 -21, A RESOLUTION accepting and approving the 4th Quarter Claim Report for the City of Yakima. *18. Approval of Final Contract Payments (Standard Motion V -B): A. 5 Avenue Roundabout Project No. 1954 performed by Superior Paving Company The report from the City Engineer, dated January 7, 2005, with respect to the completion of the work on the 5 Avenue Roundabout Project No. 1954 performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. 2004 Fruitvale Boulevard Overlay, 6 Avenue to 16 Avenue Project No. 2061 performed by Superior Paving Company The report from the City Engineer, dated January 7, 2005, with respect to the completion of the work on the 2004 Fruitvale Boulevard Overlay Project No. 2061 performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. City Hall Re -roof Project No. 1783, performed by M. G. Wagner Co., Inc. The report from the City Engineer, dated January 7, 2005, with respect to the completion of the work on the City Hall Remodel Re -Roof Project No. 1783 performed by M. G. Wagner Company, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. D. Chesterley Park Parking Lot Project No. 2014 performed by Columbia Asphalt The report from the City Engineer, dated December 6, 2004, with respect to the completion of the work on the Chesterley Park Parking Lot Project No. 2014 performed by Columbia Asphalt & Gravel, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 6 32 JANUARY 18, 2005 *19. Set date of public hearing for February 1, 2005 to consider the Hearing Examiner's recommendation for a right -of -way vacation in the vicinity of 1600 block of Perry Street requested by D. H. Construction & Development, Inc. February 1, 2005 was set as the date of public hearing to consider the Hearing Examiner's recommendation on a right -of -way vacation requested by D. H. Construction & Development, Inc., for property located in the vicinity of 1600 Perry Street. *20. Set date of joint public hearing with Yakima County for February 15, 2005 to consider the 2004 Urban Area Comprehensive Plan amendment applications February 15, 2005 was set as the date for a joint public hearing with the Yakima County Commissioners on the 2004 Comprehensive Plan Amendment applications. ORDINANCES 21. Consideration of Ordinance amending the Municipal Code regarding parking in the 16- block downtown area Bill Cook, Director of Community and Economic Development, introduced the subject. The amendment is being proposed by the Yakima Downtown Association. It has also been discussed in the Economic Development Committee. Council Member Sims suggested a three -year sunset clause be put in the ordinance due to the potential of development. Monica Weyhe, representing YDA, said their goal was twofold; to increase available parking for customers and increase parking for public and private employees as well as downtown residents. She recommended reopening the ordinance rather than a sunset clause. Jar Arcand, 111 East Yakima Avenue, commended YDA for coming up with this proposal and thinks it should help with the downtown parking. He said he has concerns about the continuation of parking abusers. Those are the people who play the cat & mouse game of moving their car every two hours. This proposed ordinance actually helps the abuser. We have to look to the employers to resolve the situation with abusers by providing enough parking so employees park in designated areas provided for them. The problem of the abusers is not being addressed. Council Member Place asked if Council could have a listing of repeat offenders. She suggested that these are serious concerns that need to be thought out. Some recommendations might be to increase repeat offenders' fines and notify their employer. When asked, Mrs. Weyhe said they had not officially contacted the Westside Merchants for input into this proposed change. EDLER MOVED AND PLACE SECONDED TO PASS THE ORDINANCE CONTINGENT ON AGREEMENT BY FRONT STREET AND WESTSIDE MERCHANTS. After further discussion, Council Members Edler and Place withdrew the motion and the second. PLACE MOVED AND EDLER SECONDED TO DEFER ACTION FOR TWO WEEKS AND REWORK THE ORDINANCE AFTER STAFF CONFERS WITH THE FRONT STREET AND WEST SIDE MERCHANTS ASSOCIATIONS AND TO INCLUDEA THREE -YEAR REVIEW. The motion carried by unanimous roll call vote. 7 3 3 JANUARY 18, 2005 22. Consideration of Ordinance repealing Chapter 11.60 in the Municipal Code relating to historic preservation and replacing it with new chapter 11.62, establishing a Yakima Historic Preservation Commission and process for . listing properties on the register of historic places Bill Cook, Director of Community and Economic Development, said in the City's efforts to create opportunities to stimulate economic development, they are proposing amendments to the its historic preservation program. The existing ordinance is not up to date with what's available through the state. The new chapter gives us the opportunity to have a local register of historical properties and not be limited to a national register. It also allows us to create our own local standards. That is done by creating a Landmarks Commission that would be empowered to review applications. It will be a voluntary process. Staff would identify the properties they think are worthy, but the owner has to agree to putting their property into the program. Once recommended by the commission it would be Council who could put the building on the local register. Once it is listed on the register, improvements must be approved by the commission. If the owners decide they don't want to be involved, they can voluntarily withdraw. But if they want to take advantage of available property tax breaks, they would have to agree to the standards for a ten year period. Appeals would not go to the Council but would go to the Hearing Examiner. The amendment would require dissolving the existing Historic Review Board and creating a new one with an expanded role. The current program limits the work to commercial properties; this one can include residential properties. The City Clerk read the ordinance by title only; SIMS MOVED AND PLACE SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2005 -02, AN ORDINANCE relating to the identification, preservation, rehabilitation, and special property tax valuation of historic properties in Yakima; repealing Chapter 11.60, Historic Preservation Ordinance for Special Valuation, of the City of Yakima Municipal Code; replacing YMC Chapter 11.60 with new Chapter 11.62, Historic Preservation Ordinance, to the City of Yakima Municipal Code which shall establish a Yakima Historic Preservation Commission, a Yakima Register of Historic Places, a process for listing properties on said register, a review process for proposed changes to properties on the Yakima Register of Historic Places; and a review and monitoring process for special property tax valuation for certain historic properties in Yakima. *23. Consideration of Legislation relating to vanpool program: A. Resolution authorizing execution of contract with Department of Transportation for grants to purchase vanpool vehicles RESOLUTION NO. R- 2005 -22, A RESOLUTION authorizing and directing the City Manager to execute a contract between the City of Yakima and the Washington State Department of Transportation regarding the receipt of state funds to purchase additional vanpool vehicles for use in the City's vanpool program. 8 34 JANUARY 18, 2005 B. Resolution authorizing execution of contract with the Department of Transportation for the short -term lease of six vanpool vehicles RESOLUTION NO. R- 2005 -23, A RESOLUTION authorizing and directing the City Manager to execute a contract between the City of Yakima and the Washington ' State Department of Transportation for the temporary lease of vanpool vehicles for use in the City of Yakima s vanpool program. C. First reading of Ordinance amending the 2005 budget and appropriating funds for the Department of Transportation vanpool vehicle contract/lease (no action required this meeting; second reading scheduled 2 - 1 - 05) An Ordinance amending the 2005 budget and appropriating funds for the purchase of vans for additional vanpool services, was read by title only, and laid on the table until February 1, 2005 for a second reading. Following a short break, the meeting reconvened at 4:20 p.m. 24. Other Business Council Member Edler asked for an update on the Congdon issue and commented that several citizens'had approached him questioning the $60,000 December billing for attorneys. He asked for an explanation as to how one month's billing could possibly be that high. City Attorney Paolella said the Congdon matter has been unprecedented in terms of the level of litigation. The City has been sued four different times, which requires an extraordinary amount of time to defend. In the latter part of 2004 there was a lot of legal work to be done, the whole Growth Management Board Hearing process leading up to the repeal, as well as the time to work on the Wal -Mart draft environmental impact statement. The EIS was over 1,000 pages and it took long hours by lawyers to work it up. That document has gone out to public review and public hearing and comment. It is now up to the City to analyze the public comments and respond to them making adjustments where warranted. • Information Items Items of information provided to Council were: Calendar of Events to celebrate Martin Luther King, Jr. Day; Agenda for the January 18, 2004 City Council Transit Committee meeting and minutes of its December 15, 2004 meeting; Planning Division Assignments Pending as of January 18, 2005; and Article from January 3, 2005 Nation Cities Weekly, "Ten Reasons Why Cities Mattered in 2004 ". QUASI- JUDICIAL PUBLIC HEARING 25. Closed Record Public Hearing to consider Marvin Gardens Preliminary Plat located in the vicinity of 3000 — 3100 block of Hathaway Avenue Jeff Peters, described the plat as 3.81 acres of R -2 zoned property that is currently sparsely developed with sufficient capacity for traffic. The Hearing Examiner conducted an open record public hearing on November 15, 2004. The neighbors testified in favor and no one was in opposition. On November 30, 2004 the Hearing 9 . 3�5 JANUARY 18, 2005 • Examiner recommended approval subject to conditions. Discussion covered street paving, costs of permits, and the pocket park that would be maintained by the City. Marvin Miller from the Office of Neighborhood Development said the development would be all single family homes built in partnership with OIC and Habitat for Humanity for low- income individuals. State funds will put in the infrastructure. Mike Nixon of Habitat for Humanity spoke about the partnership and the income ranges the housing will assist. • Mayor George opened the public hearing Tom Upton, Bell & Upton Land Surveying, clarified the street plans and spoke in support of the preliminary plat. • Mayor George closed the public hearing. SIMS MOVED AND EDLER SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote. 26. Executive Session PLACE MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE ' SESSION REGARDING COLLECTIVE BARGAINING AND PROPERTY DISPOSITION WITH ADJOURNMENT THEREAFTER TO JANUARY 25, 2005 AT 11:30 A.M. FOR AN EXECUTIVE SESSION REGARDING PERSONNEL , THEN TO 5:30 P.M. FORA STUDY SESSION ON THE 2 -1 -1 PROJECT. The motion carried by unanimous roll call vote. 27. Adjournment Following the Executive Session, the meeting adjourned at 5:37 p.m. • READ AND CERTIFIED ACCURATE BY f AZ,C COUN Ir MBER DATE f OUNCIL MEMBER DATE ATTEST: AAi__ C Vi i . CITY CLERK ' AUL P. GEORGE, MAYuR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 10