HomeMy WebLinkAbout02/01/2005 Business Meeting 41
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE YAKIMA CITY COUNCIL
FEBRUARY 1, 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: City Manager Zais, City Attorney Paolelia and City Clerk Roberts
2. Invocation /Pledge of Allegiance
Council Member McClure gave an invocation, followed by the Pledge of Allegiance
led by Council Member Edler.
3. Open Discussion for the Good of The Order /Special Presentations
Mayor George issued a statement that the City Council completed the annual
evaluation for City Manager Zais this morning. They gave him high marks with an
overall rating of excellent. He said during the process they reviewed good points and
disappointments of last year as well as evaluated themselves. A summary of
accomplishments is contained in the 2004 Annual Report.
A. Proclamations
None
B. Appointments to Boards and Commissions (if any)
None
C. Special Presentations
Student Project Recognition in Washington, DC
Bob Desgrosellier, Senior Engineer, described how he had been working with three
students from West Valley Middle School on a project that won a regional competition
and will go on to compete in Washington D.C. The project was building a "City of
Tomorrow ". The students created the fictitious city of Wolverton, Washington. John
Paul Mann, Matthew Brumley and Casey Crenshaw presented their abstract of
Wolverton to the City Council.
President's Volunteer Service Award to Police Department Reserves Personnel
Police Chief Granato introduced four long -term Reserve Police Officers who were
presented with the President's Volunteer Service Awards. The officers are John
Gorman, Bill Almon, Richard Lilly, and Melvin McGuire.
4 2
FEBRUARY 1, 2005
Mayor George recognized Ray Young from YPAC who is retiring after 14 years of
service.
D. Update from City and County staff regarding County Department of
Corrections Work Crew modifications
Chris Waarvick, Director of Public Works, advised of the temporary discontinuance of
the County Department of Corrections work crews, effective February 8` These
crews have been assisting with graffiti cleanup, sidewalk sweeping, etc. The City will
be looking for another way to cover those functions until the crews can be reinstated in
July. Chief Granato said they will meet with Steve Robertson of the County to discuss
the option of City personnel overseeing the DOC crews until the County can take over
again.
E. Status report on prior meeting's citizen service request
Request for street name change honoring Dr. Martin Luther King, Jr.
Mayor George said that the "Question of the Moment" on the City's website is "If the
cost to the City was minimal, which of the following would you prefer be renamed in
Dr. Martin Luther King's honor? B Street, a portion of the Yakima Canal walking path,
some other street in Yakima, another public facility in Yakima, or do you prefer that no
additional street, path or public facility be named in honor of Dr. Martin Luther King."
The results of the website voting will be given in the next few weeks. Glenn Rice,
Assistant City Manager, commented on the previous discussion about the process
with the Department of Transportation if renaming a portion of Highway 82 was
pursued.
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. 18 and 20 were removed from consent, and Items Nos. 7 and 8
were added to the Consent Agenda. Item No.16 was removed from the agenda and
Item No. 21 was postponed for clarification. The City Clerk read the Consent Agenda
items, including resolutions and ordinances by title. SIMS MOVED AND EDLER
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 30, 2004 Adjourned meeting and
December 7, 2004 Adjourned (2) and Business meetings
The minutes of the November 30, 2004 Adjourned meeting and December 7, 2004
Adjourned (2) 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.
2
. . 4, 3,
FEBRUARY 1, 2005
5. Audience Participation
Phyllis Musgrove, 424 North 30 Avenue, said she read an editorial in the Yakima
Herald Republic that $60,000 of irrigation funds was donated to the Black Rock
project. Council Member McClure clarified that it was $20,000 from the irrigation
budget and $40,000 from the domestic water fund. City Manager Zais explained it
was a budget decision tied to the entire issue of future water. The City is a partner
in the economic development of the water basin storage for the Yakima Valley
project. Mrs. Musgrove said she isn't against the Black Rock project but wondered, if
there is that much extra money in these funds that we can donate, perhaps it is
being taken from the wrong funds. She claims the only people that pay the water bill
are people east of 40 Avenue. If the City is going to donate money it should be
from money that comes from everyone, not just the eastside. She questioned
whether rates will have to be raised next year to put this money back into the fund to
cover operating expenses or is the City charging too much that there are extra funds
to donate. Council Member Sims said we are to provide reasonable water rates,
reasonable water, and an adequate supply for our future. Mrs. Musgrove said her
problem is with where the money is coming from. She said it would be better
donated by the public, not taken from the taxpayers. Council Member McClure
advised that It's a broad alliance of many people contributing, the business
community, banks, as well as private individuals. The City of Yakima is a user of
irrigation so it makes sense that we invest as well. City Manager Zais said that last
year the funds all came from Water and did not affect the rate structure. It was a
redirection of funds that had been going to the Aquavella litigation. Mrs. Musgrove
also said she was willing to volunteer to help oversee the DOC clean -up crew. She
was referred to the Office of Neighborhood Development.
Bev Luby Bartz, 114 North 7 th Street, also addressed the irrigation issue saying if the
City is taking money out of "OUR" irrigation funds, we are paying too much into it.
She said the donation should come out of general funds. Discussion continued on
where the money is coming from, that the rate structure is not over burdened, that
this is an investment in the future of Yakima, in our water system capabilities and
storage. Ms. Bartz reiterated the opinion that if there is extra money for this type of
a donation they are paying too much into irrigation. Council continued with their
explanations and noted that Black Rock is currently in the study stage. Once it is
past'the study stage the City won't be funding it any more. Mrs. Bartz didn't agree
and claimed to be informed on the subject, stating even if most of the Valley would
dry up, the city would have water because it has senor water rights.
Kathy Coffey, General Manager of the Convention Center and President of the
Visitor and Convention Bureau, informed Council that they have closed the books on
the Convention Center and will have an annual report within the next month. They
had a great year in 2004 and have exceeded all records in the future bookings
category.
3
4 4 --
FEBRUARY 1, 2005
Greg Stewart, General Manager of the Central Washington Fair Association,
thanked Council for the support they received in the annexation effort. He also
wanted to note that several years ago they had made a request to rename Fair
Avenue. Out of the discussions at that time he thought there was some agreement
that 18 Street would be named Martin Luther King because it tied into the Martin
Luther King school.
Gary Conner, 605 North 2nd Street, commented on the Black Rock funding. He felt it
was not morally and fiscally prudent to spend the $60,000 on an outside entity that
will never benefit the east side water system. He then commented about the
consultant and it was his understanding that there was duplication of effort. When
asked, he would not divulge his information source and threatened potential court
action.
CITY MANAGER'S REPORTS
6. Consideration of Resolution and recommendation from the Commercial
Revitalization Deduction Committee to conditionally approve $3.25 million for
2005 Federal Renewal Community Tax Credits for Morrier Hotel, LLC for Hilton
Garden Inn project
Michael Morales, Economic and Community Specialist, explained that this allocation
request was made by Mr. Morrier in December. It was his desire to secure the rest of
the allocation of his tax deduction prior to proceeding with closing on his financing.
The recommendation provided by the Allocations Committee, is that this commitment
be a local allocation only, conditioned upon his meeting all the terms of his loan
approval by the city. For example, if he doesn't fulfill his obligations by April 15 not
only is the loan deal off but this allocation would be made available to other projects as
well. He must have his project in service by December 31, 2005 to use those credits.
Council Member Place asked if we approve this, how much would be left for 2005.
Mr. Morales said approximately $8.75 million. Council Member McClure clarified that
this is not a loan and is not something the City would have any potential loss on. It is
tax deductions the federal government allows because Yakima is a renewal
community and it is an eligible project. City Manager Zais explained it is tied to job
creation. He also advised that we did receive HUD approval of the loan package, and
that has enabled Mr. Morrier to proceed with demolition work.
Joe Morrier, 402 East Yakima Avenue, said the tax credits allow them hope to meet the
12/31/05 date. There are two floors already built and they will be adding three floors.
The basic structure is in place. The design work should be done within five weeks.
Mr. Morales explained that the definition of in- service (required by 12/31/05) is
something Mr. Morrier's accountants have determined what needs to be done. It
doesn't mean that the full facility will be ready. They are confident it will meet the
criteria. The City Clerk read the resolution by title only; SIMS MOVED AND McCLURE
SECONDED TO ADOPT THE RESOLUTION. Council Member Place expressed
concern about the tax credits commenting that they should be spread out through the
community more. The motion carried by a 6 -1 voice vote; Place voting nay.
4
4 5
FEBRUARY 1, 2005
RESOLUTION NO. R- 2005 -24, A RESOLUTION providing conditional local approval
of 2005 allocation of the federal Renewal Community Commercial Revitalization
Deduction in the amount of $3,253,700 to Morrier Hotel, LLC for the Hilton Garden Inn
project.
*7. Consideration of Resolution seeking State Legislative action to address funding
for municipal transportation infrastructure
RESOLUTION NO. R- 2005 -25, A RESOLUTION of the City Council of the City of
Yakima, Washington, seeking State Legislative Action to address funding for
municipal transportation infrastructure.
*8. Consideration of Resolution authorizing the payment to Central Washington
State Fair Association for professional services related to evaluation and
analysis of zoning and annexation issues pertaining to the Fairgrounds
RESOLUTION NO. R- 2005 -26, A RESOLUTION authorizing and directing the City
Manager to pay $7,500 to the Central Washington Fair Association to pay for the
professional services of Landerman -Moore Associates related to evaluation and
analysis of zoning of the Central Washington State Fairgrounds and potential
annexation of the Fairgrounds to the City of Yakima.
9. Consideration of Resolutions authorizing amendments to professional service
agreements for technical planning services, peer level review, and traffic
engineering analysis, to prepare and complete final State - mandated
Environmental Impact Statement for Wal -Mart on Congdon Orchard site
proposals at 72 Avenue and 64 Avenue:
A. Professional Services Agreement with Reid Shockey
Bill Cook, Community and Economics Director, advised that 18 months ago the City of
Yakima issued a determination of significance for the proposed Wal -Mart store in
West Valley, which launched a thorough public participation process. The City
contracted with Shockey Brent for an Environmental Impact Statement (EIS). To date
we have spent $83,500 on this process including dissemination of a draft of almost
2,000 pages. The cost included review of a technical analysis submitted by Wal -Mart,
peer review, comments on traffic, noise, and soil issues. It is now time to review the
seven hours of public testimony and many written comments received. The draft must
be expanded and refined to respond to all the public comments received. We will
need to amend the contract by $56,000 and the City's contract with Kittelson
Associates by an additional $13,000. With these two amendments and an additional
contract that we feel is necessary for a professional economic environment analysis,
(approximately $18,000), we will then be able to deliver a final EIS at an approximate
total cost of $167,000. It has been our agreement with Wal -Mart that they will
reimburse the City. To date they have reimbursed almost $35,000 with a second bill
for approximately $50,000 pending. It is our understanding that each of these costs
will be borne by Wal -Mart. City Manager Zais commented that this is a complicated
process. The amendments cover the finish of the process but not any appeals if they
come up. The City Clerk read the resolution by title only; McCLURE MOVED AND
EDLER SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote.
5
46
FEBRUARY 1, 2005
RESOLUTION NO. R- 2005 -27, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an amendment to City Contract No. 2003 -28 with Shockey
Brent, Inc. to provide for additional environmental review services related to the draft
Environmental Impact Statement that was issued by the City regarding the possible
siting and construction of a retail facility by the Wal -Mart Company in the Nob
Hill / Meadowbrook/Tieton area of the City of Yakima.
B. Professional Services Agreement with Kittelson & Associates
The City Clerk read the resolution by title only; PLACE MOVED AND EDLER
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll
call vote.
RESOLUTION NO. R- 2005 -28, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute an amendment to City Contract No. 2003 -42 with Kittelson
& Associates for environmental review services related to traffic issues regarding the
possible siting and construction of a retail facility by the Wal -Mart Company in the Nob
Hill /Meadowbrook/Tieton area of the City of Yakima.
*10. Consideration of Resolution authorizing execution of amendment to the
contract with the Visitors and Convention Bureau for maintenance of the Visitor
Information Center
RESOLUTION NO. R- 2005 -29, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to executer an agreement between the City of Yakima
and the Yakima Valley Visitors and Convention. Bureau for the management, operation
and maintenance of the Visitor Information Center.
*11. Consideration of Resolution authorizing execution of documents pursuant to a
Federal Aid Safety Project Grant for Highway - Railway Grade Crossing for
reconstruction of the railroad mainline crossing of Washington Avenue
RESOLUTION NO. R- 2005 -30, A RESOLUTION authorizing and directing the City
Manager to execute documents with the WSDOT, WUTC and BNSF pursuant to a
Federal Aid Safety Project Grant for Highway - Railway Grade Crossing for
reconstruction of a railroad mainline crossing of Washington Avenue.
*12. Consideration of Resolutions authorizing execution of documents relating to the
SR -24 Bridge Project:
A. Possession and Use Agreement with the State of Washington for portions
of property on the south side of SR -24 (former Wastewater Sprayfield)
RESOLUTION NO. R- 2005 -31, A RESOLUTION authorizing the City Manager of the
City of Yakima, or his designee, to execute a Possession and Use Agreement with the
State of Washington for portions possession by the State of Washington for portions
of Yakima County Assessor's Parcel Nos. 191328 - 32003, 191328 - 32004, 191328-
33002, 191329- 41400, 191329 - 41404, and 191329-41406, and Real Property
Voucher substantially in the form as attached hereto as exhibits "A" and "B"
respectively, to enable the State of Washington to prepare for and, if necessary, begin
6
47
FEBRUARY 1, 2005
construction of roadways and appurtenant improvements at the interchange of
Interstate 82 and State Route 24 pending settlement and /or trial with the State of
Washington to determine the fair market value of the portions of said properties.
B. Quit Claim Deed in favor of the State of Washington for properties adjacent
to the Yakima Arboretum
RESOLUTION NO. R- 2005 -32, A RESOLUTION approving the sale of a portion of
Yakima County Assessor's parcel No. 191329 -11005 commonly known as Sherman
Park, Yakima, Washington, the legal description of which is attached hereto and
incorporated by reference herein as Exhibit "A ", for use by the Sate of Washington for
road construction and improvements, and directing and authorizing the City Manager
of the City of Yakima, or his designee, to execute a Quit Claim Deed and Real
Property Voucher for the sale of said property to the State of Washington substantially
in the form as attached hereto as Exhibits "B" and "C" respectively, and to take any
additional actions and execute any additional documents that may be necessary or
appropriate relating to the sale of said property.
*13. Consideration of Resolution authorizing execution of Memorandum of
Understanding with YPPA for Gang Unit compensation
RESOLUTION NO. R- 2005 -33, A RESOLUTION authorizing and directing the City
Manager and the Chief of Police to execute a Memorandum of Understanding
between the City of Yakima and the Yakima Police Patrolman's Association regarding
premium pay for Gang Unit members.
*14. Consideration of Resolution authorizing execution of professional services
agreement with the Yakima Valley Basketball Officials Association for officiating
services in 2005
RESOLUTION NO. R- 2005 -34, A RESOLUTION authorizing and directing the City
Manager to execute a professional services agreement with the Yakima Valley
Basketball Officials Association for the purpose of obtaining officiating services for the
organized basketball program of the City of Yakima.
*15. Consideration of Resolution authorizing execution of professional services
agreements with instructors, officials, and referees needed for various Parks
and Recreation Division programs
RESOLUTION NO. R- 2005 -35, A RESOLUTION authorizing and directing the Parks
and Recreation Division Manager of the City of Yakima to execute Personal Services
Agreements during 2005 that are substantially in accord with the attached "Personal
Services Agreement" in order to obtain specialized services for the Parks Division.
16. Consideration of Resolution authorizing execution of professional service
agreement with Thomas Withers for specialized translation services for Yakima
Transit
This item was removed from the agenda-.
•
7
48
FEBRUARY 1, 2005
*17. Consideration of Resolution authorizing execution of a performance agreement
with Yakima County, Office of Aging and Long Term Care, and People for
People, Inc. for transportation services for the elderly
RESOLUTION NO. R- 2005 -36, A RESOLUTION authorizing and directing the City
Manager and the City Clerk of the City of Yakima to execute agreement documents with
Yakima County Office of Aging and Long Term Care (ALTC) and People For People,
Inc., for transportation services for the elderly and handicapped city residents for 2005.
18. Approval of Interlocal Cooperative Purchasing Agreement with the City of
Harrisburg, PA for two Elgin street sweepers
Council Member Edler asked if these sweepers were part of the stormwater plan.
Chris Waarvick, Director of Public Works, advised that this is not part of the
stormwater plan, but just a simple replacement of existing units. The City Clerk read
the resolution by title only; EDLER MOVED AND PLACE SIMS, TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2005 -37, A RESOLUTION authorizing the execution of an
Intergovernmental Cooperative Purchasing Agreement with the City of Harrisburg,
Pennsylvania.
*19. Consideration of Resolution setting date of public hearing before the Hearing
Examiner for February 24, 2005 to consider a right -of -way vacation requested
by Vaughn Bay Construction for property in the vicinity of N. 9 th Street and D
Street
RESOLUTION NO. R- 2005 -38, A RESOLUTION fixing February 24, 2005 as the
date for a public hearing before the Hearing Examiner. This hearing concerns a
petition to vacate a portion of a public right -of -way created by the Plat of College
Addition to North Yakima W.T. now Yakima, Washington, recorded in Volume "A" of
Plats, Page 22, records of Yakima County, Washington.
20. Set date of closed record public hearing for February 15, 2005 at 7:00 p.m. to
consider an appeal filed by Pauline Polo, et al of the Hearing Examiner's
decision to uphold the MDNS and granting a land use permit for Triumph
Treatment Services to establish a day care center, group home, and commercial
kitchen at 3300 Roosevelt Avenue
Council Member Place said she is not available on February 15th and, because this is
a controversial issue, asked if the date could be changed. City Manager Zais advised
that with proper notice the date could be changed to February 14 PLACE MOVED
AND WHITMAN SECONDED TO SET THE CLOSED RECORD PUBLIC HEARING
ON FEBRUARY 14, 2005 AT 7:00 P.M. The motion carried by a 6 -1 voice vote, Edler
voting nay.
ORDINANCES
21. Consideration of Ordinance amending the Municipal Code regarding parking in
the 16 -block downtown area (continued from 1/18/05)
This item was removed from the agenda and deferred to a future meeting.
8
49:
FEBRUARY 1, 2005
22. Consideration of Ordinance amending the Municipal Code relating to graffiti
penalties, fees and citation authority and report on Paint -Out Graffiti Program
Cynthia Martinez, Senior Assistant Attorney, explained the current graffiti abatement
procedure. If a property owner refuses to remove graffiti from their property we send
them an official letter telling them to remove it or we will get a court order for the city to
remove it, passing the cost on to them. Some property owners refuse to comply. A
court order is not a short process. This ordinance would allow us to fine them $400
per day if they do not comply with the notice of abatement. The intent is an incentive
to either accept the free solution or take care of the graffiti themselves quickly.
Council Member Bonlender clarified we do not want to run around fining people. The
city offers to have the graffiti removed free. They'll even try to match the paint if the
property owner has some to give them. He said it would be acceptable to change the
fine to just $400 each incident, rather than each day.
Archie Mathews, Senior Program Supervisor for the Paint Out Graffiti program, said
the majority of citizens accept the free services. The problem arises when business
owners or homeowners say no thanks and then don't take care of the problem
themselves. We then approach Code Enforcement for assistance but they do not
have the power to make them clean up graffiti, and the problem just sits.
Edith Thornton, 1607 McKinley Avenue, said she appreciates the paint crew because
graffiti is destroying the neighborhoods. She would like to know what is happening to
the people doing the graffiti. She also said she is willing to volunteer time to help with
the administration of this ordinance.
A memo and editorial was submitted on behalf of Clarence Barnett. He thinks it is an
excessive fine.
The City Clerk read the resolution by title only. After attempting to amend page 2,
Section C, of the ordinance and changing the daily $400 penalty to a one -time penalty,
it was determined that further refinement of the ordinance would be required. PLACE
MOVED AND BONLENDER SECONDED TO DEFER UNTIL THE ORDINANCE CAN
BE BROUGHT BACK WITH CORRECTIONS. The motion carried by unanimous
voice vote.
*23. Second reading of Ordinance amending the 2005 budget and appropriating
funds for the Department of Transportation vanpool vehicle contract/lease
An Ordinance amending the 2005 budget and appropriating funds to purchase vans
for additional Vanpool services, previously having been read by title only, was brought
before the Council for a second reading.
ORDINANCE NO. 2005 -03, AN ORDINANCE amending the 2005 budget for the City
of Yakima; and making an appropriation of $260,000 within the 364- Transit Capital
Fund for expenditure during 2005 to purchase vans for additional Vanpool services.
9
5 0 .
FEBRUARY 1, 2005
24. Other Business
• Information Items:
Items provided to Council for their information were: Notice of Media Event on January
28, 2005: Yakima Fire Department Canine Accelerant Detection Team Goes Operational in
Yakima; Agenda for the February 3, 2005 Yakima Downtown Association meeting; Agenda for
the February 2, 2005 Community Review Board meeting; Newspaper articles: 1) January 18,
2005 Seattle Post - Intelligencer, "State's Cities Awash in Financial Problems"; 2)January 23,
2005 Seattle Post - Intelligencer, "Bill is Coming Due for Years of Transportation Neglect "; 3)
January 25, 2005 The Seattle Times, "King County Voters in Good Hands "; 4) January 23, 2005
Seattle Post - Intelligencer, "Justice in Jeopardy"; and 5) January 25, 2005 San Francisco
Chronicle, "San Francisco City Panel Expected to Back Bag Fee - 17 Cents Per Grocery Sack is
Proposed "; Planning Division Assignments Pending as of February 1, 2005; Minutes of the
January 6, 2005 Citizen Police Advisory Committee; 1/27/05 News Release from
Water /Irrigation Engineer re: Construction Activities for Week of January 31, 2005 for General
308 Irrigation System Project; Minutes of the January 6, 2005 Yakima Downtown Association
meeting; and Agenda for the January 27, 2005 Yakima Air Terminal Board meeting and minutes
of its December 16, 2004 meeting
Following a short break, the meeting reconvened at 4:12 p.m.
QUASI- JUDICIAL PUBLIC HEARING
25. Public Hearing 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.
Mary Lovell, Associate Planner, advised that on January 7, 2005 the Hearing
Examiner conducted a public hearing to review a right -of -way vacation application in
the vicinity of the 1600 block of Perry Street. The Hearing Examiner concluded that all
criteria was met and on January 12, 2005 issued a written recommendation for
approval. Staff recommends upholding the Hearing Examiner's decision.
• Mayor George opened the public hearing.
No one came forward to speak.
• Mayor George closed the public hearing
SIMS MOVED AND WHITMAN SECONDED TO APPROVE THE HEARING
EXAMINER'S DECISION WITH NO REIMBURSEMENT. The motion carried by
unanimous roll call vote.
10