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HomeMy WebLinkAbout03/22/2005 Business Meeting 1 R 7 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL MARCH 22, 2005 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. RoII 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 City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member McClure gave an invocation, followed by the Pledge of Allegiance led by Council Member Bonlender. 3. Open Discussion for the Good of The Order /Special Presentations • Governor's proposed budget Mayor George announced that the City has been advised that Governor Gregoire put $4 million in the State budget to begin the restoration of North Front Street as well as $360,000 to complete Kiwanis Park. • National League of Cities Conference Council Members that attended the conference in Washington D.C. commented on various aspects of the trip. They visited a number of departments, and felt they were well received. One of the items they were pursuing was $3 million in funding to help complete two railroad underpasses as well as funding for expansion of the interchange at 40 Avenue and Highway 12 (with the Department of Transportation). With the business people who also went on the trip, there was an impressive showing from Yakima. While there, they spoke forcefully about the importance of our Community Development Block Grant money. The entire National Association of Cities focused on saving these monies for our communities. During their visit, the Senate acted to keep it and potentially increase it. There were many subjects discussed, e.g. highway funds for TRANS - action, the proposal to tax Internet sales, and the rewrite of the Telecommunications Act to name a few. It was noted that the business people who went on the trip paid their own way and Council Member Place went as the President of the Association of Washington Cities who paid her way. City Manager Zais summarized that the proof bears out in time that these efforts make a difference. We have generated millions of dollars from these efforts over the years, and it helps keep our tax base low. A. Proclamations None 8 8 '� MARCH 22, 2005 B. Appointments to Boards and Commissions BONLENDER MOVED AND PLACE SECONDED TO REAPPOINT TROY EMMONS AND STEVEN FOSTER TO THE HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote. PLACE MOVED AND WHITMAN SECONDED TO APPOINT SALLY MAYO TO THE BICYCLE PEDESTRIAN COMMITTEE. The motion carried by unanimous voice vote. PLACE MOVED AND WHITMAN SECONDED TO REAPPOINT MIKE NIXON AND ROD BRYANT TO THE PARKS AND RECREATION COMMISSION. The motion carried by unanimous voice vote. C. Special Presentations Del Mathews re: Yakima Market Mr. Mathews used this time to submit a complaint regarding the Planning and Codes Department and requested the City Council look into it. His major complaint was with regard to employee attitudes and receiving deterrents rather than help. He went into specific issues he experienced with the Yakima Market. He claimed he was not the only one experiencing problems and submitted the results of an impromptu survey on a vote of no confidence for the Planning and Codes department. Council Member Place said that several things have arisen lately with regard to those departments, mainly because many of the codes need to be scrubbed, but we have not had the time. Hopefully, we'll take the time. City Manager Zais responded to Mr. Matthews by advising that with a complaint of this nature City Administration will investigate it in depth and report back to Council. Workforce Development 2005 Job Fair on April 12, 2005 This item was deferred until the April 5 meeting. D. Status report on prior meeting's citizen service request Rousch /Campeau follow - up Joe Caruso, Supervising Code Inspector, summarized what has been happening over the last two plus years. Mr. Campeau's property is in foreclosure right now and the renter who has been living there, Mr. Wilson, is taking an option to purchase it. They are working on an agreement so a survey won't be necessary. Once that is done Mr. Wilson will obtain a permit and will cut the garage back 3 -5 feet. 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. Item No. 9 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. SIMS MOVED AND PLACE 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.) 2 89 MARCH 22, 2005 *A. Approval of the minutes of the January 11 and 25, 2005 Adjourned meetings and the February 1 and March 1, 2005 Business meetings The minutes of the January 11 and 25, 2005 Adjourned meetings and the February 1 and March 1, 2005 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 Mike Murphy, 4411 Snow Mountain Road, stated that City codes need to be strict in order to prevent situations similar to that involving the Doty housing project and the Coson code compliance violation from occurring again in the future. PUBLIC HEARING 6. Public Hearing to consider the sale of property to the Washington State Department of Transportation for the new SR -24 Bridge project Jeff Peters, Associate Planner, explained that RCW 39.330.20 requires a public hearing on the disposal of surplus property with a value of $50,000, therefore a hearing for public comment is required on this transaction. He then introduced Don Whitehouse, Regional Administrator for the Department of Transportation. Mr. Whitehouse gave an update on the progress and a schedule for the project. He also distributed informational folios. He said this unique project is going to handle traffic capacity for next 30 years. He described how they will actually be doing some work for the City of Yakima by extending a 30" sewer line and putting in a water line. He discussed costs and schedules and advised that they will be opening bids on April 13 There will be about $700,000 dedicated for landscaping on the project, with a "Welcome to Yakima" basalt rockery and landscaping on Nob Hill Boulevard. The project will also contain a pedestrian -bike path. The traffic flow will be open throughout construction. Russ Gilbert, Attorney for the project, said the only purpose of today's hearing is to take public comment. No other Council action is needed at this time. • Mayor George opened the public hearing Mike Murphy, 4411 Snow Mountain Road, spoke in favor of the project. He also took the opportunity to compliment the signage at Chesterley Park. Council Member Edler asked Mr. Whitehouse if there is anything looming out there that could sidetrack the project. Mr. Whitehouse said the only other outstanding issue is one property on Riverside across from Central Pre -Mix. The property owner has been unwilling to negotiate. They will build around the property if necessary. • Mayor George closed the public hearing 3 9Q MARCH 22, 2005 CITY MANAGER'S REPORTS 7. Consideration of Resolution authorizing execution of a professional services agreement with Huckell/Weinman Associates for environmental review services concerning the possible siting and construction of a Wal -Mart store City Manager Zais opened the discussion. He spoke about the environmental review process to date for the proposed siting of the Wal -Mart and the rezone submitted for 64 Avenue. The City previously retained the services of a consultant, Reid Shockey, and those expenses have been reimbursed by Wal -Mart. This item is another area of review identified in the public meeting process that took place when the EIS was issued. It is an area of concern, raised in testimony, for an environmental review that focused on an economic environmental analysis. Staff searched for someone who specialized in this type of review and analysis. An agreementhas been prepared to retain Huckell/Weinman Associates for this work. The cost is just under $22,000 and is reimbursable from Wal -Mart. City Attorney Paolella said it is an analysis to deal with potential environmental facts resulting from changing economic circumstances. It is very technical and does not involve a purely socio- economic approach but rather what environmental effects could flow from the analysis. State law describes how that is to be done. The timing of the analysis was discussed. Mr. Zais noted that the EIS covers all sites, 72 Avenue and the two sites proposed at 64 Avenue. In response to questions, Mr. Paolella explained that the purpose of this analysis is not to determine what the economic competition effects will be on other businesses, but rather analyze the environmental impacts, the community impacts, that will result from competition. It is a fine distinction. The City Clerk read the resolution by title only; SIMS MOVED AND EDLER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2005 -49, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Consultants Agreement" with Huckell/Weinman Associates, Inc., and Northern Economics, Inc., for environmental review services concerning environmental impacts related to economic competition issues regarding the possible siting and construction of a retail facility by the WaI - Mart Company in the Nob HiII /Meadowbrook/Tieton area of the City of Yakima. Mayor George took this opportunity to recognize two Boy Scouts in the audience; Sterling Tebbis and Andrew Beecher, who are working to become Eagle Scouts. *8. Consideration of a Resolution authorizing submission of law enforcement grant application with the Department of Justice and authorizing corresponding interlocal agreement with Yakima County RESOLUTION NO. R- 2005 -50, A RESOLUTION, authorizing an application for a grant in the total amount of $78,464 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance 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 documents and contracts necessary to complete said grant transaction. 4 91 MARCH 22, 2005 9. Consideration of Resolution establishing policies and procedures for the naming of public parks and Parks and Recreation facilities Council Member Place had this item removed from consent to suggest that the resolution be modified to read that a name should be permanent and that name changes not be allowed. Council Member Bonlender did not agree. Denise Nichols, Parks and Recreation Manager, related that they had looked at about 50 different cities for policies and best practices on naming parks. They found an overwhelming consensus that once a park name is bestowed it not be changed, although a few cities allowed it to occur under unusual circumstances. She said we do have parks that have a common name, not an adopted name and in the future, if the Council wished to name a park, those would be available to be changed. But once a name is bestowed it becomes permanent. Council Member Edler restated the issue for clarification; the reason it is written this way is that under the suggested revision the Pine Street Park would not be able to be changed, if we did want to name it something else, this loophole would be necessary. Mrs. Nichols pointed out that they did supply Council with a list of parks and their names. Some are what they call unnamed parks, small parcels named after the street address. The City Clerk read the resolution by title only; PLACE MOVED AND SIMS SECONDED TO MODIFY SECTION 4 OF THE RESOLUTION BY PUTTING A PERIOD (.) AFTER THE WORD "PERMANENT" AND STRIKING THE WORDS CHANGES SHOULD BE STRONGLY RESISTED. The motion carried by a 4 -3 roll call vote; McClure, Bonlender and Edler voting nay. The question was called for a vote on the amended resolution. The amended resolution carried by unanimous roll call vote. RESOLUTION NO. R- 2005 -51, A RESOLUTION establishing policies and procedures relating to the naming of public parks and parks and recreation related facilities. *10. Approval of a Right -of -Way Use Permit for Avail Home Nursing for a sign at 4706 West Nob Hill Boulevard The Right -of -Way Use Permit to install a business sign extending into the right -of- way at 4706 W. Nob Hill Blvd., as requested by Avail Home Nursing, was approved. ORDINANCES *11. Second reading of Ordinance amending the 2005 budget and appropriating funds for 2004 encumbrances An Ordinance amending the 2005 budget and appropriating funds for 2004 year -end encumbrances, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2005 -15, AN ORDINANCE amending the 2005 budget for the City of Yakima; and making appropriations for 2004 Year -End Encumbrances from Unappropriated Fund Balances within various Funds for expenditure during 2005. 5 9 2, . MARCH 22, 2005 *12. First Reading of Ordinance amending the 2005 budget and appropriating funds for construction of wastewater main improvement related to the expansion of the Cub Crafters Manufacturing Facility (no action required this meeting; second reading scheduled 4/5/05) An Ordinance amending the 2005 budget and appropriating funds for the construction of wastewater main improvements related to the expansion of the Cub Crafters manufacturing facility, was read by title only, and laid on the table until April 5, 2005 for a second reading. 13. Other Business Council Member Sims reminded the Council of the need to keep abreast of committee memberships and take action in.a timely manner when committees need appointments. Mayor George commented that we have received a lot of interest in the new Historic Preservation Committee that is about to be created. City Manager Zais distributed the latest update of activities on bills being tracked by AWC and ourselves in the current Legislative session. A number of bills that would have been beneficial to us have lapsed and are, essentially, no longer on the table. There is a bill that would provide a one -time situation of funding to distressed cities and counties. The City would derive a one -time payment of $100,000 from that bill if it were to pass. The Streamline Sales Tax (SST) legislation is still moving forward. Council Member Place said she went to a meeting with western states, four of whom said they were coming out totally against streamlining sales tax (Oregon, Alaska, Arizona, and Colorado). Council Member Place was thanked for the leadership she provided at this last session. As a result of her efforts, the agenda held more Eastern Washington issues. Council Member Bonlender advised that he has attended Yakima Downtown Association meetings and has talked about lifting the moratorium on "Cruising the Ave" for two weekends each year; the first weekend of summer (June 18/19 and the first weekend of August (6 & 7 when the Vintiques are in town. The idea would be event driven to allow times where we could "Cruise the Ave from 7 p.m. to 11 p.m. to bring an energy downtown. At YDA the suggestion passed unanimously and the Police Chief has agreed as long as he knows in advance so he can staff for it. The Chamber of Commerce was positive about it but are going to bring it to their Executive Board. Mr. Bonlender asked to either make a motion to adopt it today or put it on a future agenda. City Manager Zais said it would be appropriate to bring it back as an ordinance change. He also suggested that YDA might want to be there to speak to it. After further discussion it was the consensus of Council to bring it back as an ordinance change with those two events. Council Member Whitman suggested taking this issue to the Public Safety Committee. • Information Items - Items of information provided to Council were: March 2005 Spotlight on 2015; Yakima County Planning Division; Agenda for the March 24, 2005 Hearing Examiner meeting; 4 Quarter 2004 Municipal Court/Probation Office Statistics; Planning Division Assignments Pending as of March 22, 2005; and 2005 Washington Infrastructure Report Card 6 9 a MARCH 22, 2005 14. Executive Session regarding Pending and Prospective Litigation McCLURE MOVED AND SIMS SECONDED TO GO INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR WITH ADJOURNMENT THEREAFTER TO 7 :30 A.M. MARCH 29, 2005 FOR A STUDY SESSION ON A REPORT FROM PARKS AND RECREATION REGARDING THE MECHANICAL CONDITIONS OF POOLS AND RECOMMENDATIONS FROM THE BUDGET STRATEGY TEAM AND PARKS AND RECREATION COMMISSION. The motion carried by unanimous voice vote. 15. Adjournment Following the Executive Session the meeting adjourned at 5:00 p.m. READ AND CERTIFIED ACCURATE BY C011 ( EMBER DATE OUNCIL M MBER DATE ATTEST: 5 / . 1 , CITY CLERK PAUL P. GEORGE, MAYO ` Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office • 7