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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