HomeMy WebLinkAbout05/17/2005 Business Meeting 14, _i
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
MAY 17, 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 Edler gave an Invocation, followed by the Pledge of Allegiance led
by Council Member McClure.
Open Discussion for the Good of The Order /Special Presentations
A. Proclamations:
• National Tourism Week
Mayor George read a proclamation declaring the week of May 10 -13 as the
22 annual celebration of National Tourism Week. John Baule, V & C Board
Treasurer, accepted the proclamation.
B. Special recognition:
• Observance of 25 Anniversary of Mt. St. Helens Eruption
Mayor George announced that tomorrow is the 25 anniversary of the
eruption of Mount St. Helens. City Manager Zais commented that the eruption
was a cataclysmic event for the state and our city and spoke about the
resilience of the community. There is material displayed in the lobby, including
a 15- minute video, that tells some history. He recognized Mary Strensrud for
her efforts to tell our story in her book, Mount St. Helens Ash Potpourri.
Mayor George presented Ms. Strensrud with a distinguished citizenship award
in appreciation for her book. Ms. Strensrud accepted the award and advised
citizens to contact her to obtain a copy of her book.
After viewing the staff - produced video, Mr. Zais briefly reminisced about the
event.
• Community Pride Month
Mayor George read a proclamation in appreciation of the clean -up program
sponsored by the Chamber of Commerce. George Chappel, Chamber of
Commerce, and Rick Phillips, Union Gospel Mission, accepted the
proclamation.
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MAY 17, 2005
• Presidential Volunteer Services Award
Fire Chief Mayo presented a bronze award to Council Member Whitman from
the Presidential Volunteer Services program for her volunteer work in the Fire
Department Reserves. In addition, he mentioned that bronze awards had
previously been given to Jennifer Eggers (Susan's daughter), Jim Erickson,
and Delbert Miles.
C. Citizen service requests — None
D. Consideration of appointments to boards and commissions
BONLENDER MOVED AND PLACE SECONDED TO APPOINT VICTOR
DeLONG FOR A ONE -YEAR TERM ON THE YAKIMA DOWNTOWN
ASSOCIATION. The Motion carried by unanimous voice vote.
Council Member McClure suggested that a study session may be needed to
discuss parks equipment and programs to replace the pools being closed, and
requested it be discussed under Other Business.
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. 16 was added to the Consent Agenda and Item No.
13 was removed. The City Clerk read the Consent Agenda items, including
resolutions and ordinances by title. SIMS MOVED AND McCLURE
SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion
carried by unanimous roll call vote. (Subsequent paragraphs preceded by an
asterisk ( *) indicate items on the Consent Agenda handled under one motion
without further discussion.)
*A. Approval of the minutes of the April 19, 2005 Business meeting,
February 14, 2005 Special meeting and April 26, 2005 Adjourned meeting
The minutes of the April 19, 2005 Business meeting, February 14, 2005 Special
meeting, and April 26, 2005 Adjourned meeting 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
Blanca Guzman, 1102 South 40 Avenue, requested clarification on the laws,
policies, or procedures on how someone is arrested, and on "probable cause."
She stated she received conflicting information from the judge and the Police
Department. Ms. Guzman was directed to the City prosecutor for information,
and Chief Granato spoke with her outside the meeting room.
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CITY MANAGER'S REPORTS
6. Adopt written findings and decision to deny SEPA Appeal No. 1 -05 filed by Nazir
Karmali and to uphold the administrative Determination of Significance issued
for his proposal to change the Future Land Use Map designation for property
located at the southwest corner of No. 40th Avenue and Powerhouse Rd. from
low density residential to neighborhood commercial
James Carmody , attorney, registered his objection to the findings in the Order
because it is not supported by evidence Council received. He asked Council to
consider remanding it to SEPA official. Since the hearing, he said they discovered the
property owner had provided information that had not been communicated by the City
Engineer. His client filed an appeal in Superior Court because the findings weren't
done at that time and the law was ambiguous on the deadline to file an appeal.
Ken Harper, consultant attorney, stated that this Order was an effort to capture the
Council's decision. If Council does not accept these findings as accurate, Council may
redirect staff on the appropriate findings. Mr. Carmody's suggestion of remanding this
is a moot point since the vote has already been taken.
Council Member Sims stated that if we listened to Mr. Carmody, there was an error in
the staff's understanding of the information. If there was a communication problem
between the Engineering and Planning Divisions, the proponent should not be
impacted by it. Mr. Harper responded that Mr. Carmody's statements this afternoon
are his beliefs of what may have happened. If he thinks they have legal significance,
he can address it in his appeal already filed in Superior Court. The third party to
consider is the public in general. This case was decided on April 19 and the issue is
whether staff's efforts to memorialize Council's decision is accurate. If you are a
member of the public, it is not apparent, looking at the agenda, that Council might
consider a remand of this issue.
City Attorney Paolella clarified that today's discussion is not a public hearing. The
hearing was held and concluded. This is not at a decision point, beyond voting on
whether this represents Council's findings. If there needs to be adjustments to them,
that would be appropriate. Mr. Carmody is asking Council to go beyond the scope of
what we would expect to do today
Council Member Sims said that when someone makes an accusation in public, we
should address it because it throws a shadow on the process. If we don't address it, it
leaves questions in people's minds. City Manager Zais commented that given the
allegation, if the answer could affect the outcome of what is written in the findings, it
might be appropriate to hear from the City Engineer. Mayor George agreed with Mr.
Harper and stated that Council's role is to vote on the accuracy of the findings.
PLACE MOVED AND WHITMAN SECONDED TO ADOPT THE FINDINGS AND
DECISION TO DENY SEPA APPEAL NO. 1 -05. From a legal perspective, City
Attorney Paolella stated that there are legal processes available to resolve this without
appealing it to court. The proponent could submit additional information to the SEPA
official, or if new information or a change in the proposal beyond the scope of what
came out in the hearing is available, that new information could be submitted to Mr.
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Cook for reevaluation to determine if a full scope of the EIS is still necessary. He
recommended passing written findings to document Council's decision. Bill Cook,
Director of Community and Economic Development, reported he has had several
conversations with Mr. Karmali since the hearing. He explained to him the additional
information that we needed. There was a conversation with the City Engineer and
traffic engineers. Although he believes most of the information has been gathered, the
lawsuit might have complicated our communication. Following a discussion regarding
the proponent's options, including submitting an Environmental Impact Statement or
following through on his appeal filed in Superior Court, the question was called for a
vote on the motion. The motion carried by 5 -2 voice vote; Bonlender and Edler
voting nay.
*7 Consideration of Resolution authorizing execution of professional services
contract with Robinson, Stafford & Rude, Inc. for value engineering related to
the River Road Project
RESOLUTION NO. R- 2005 -78, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a professional services agreement with
Robinson, Stafford & Rude, Inc. for value engineering services related to the City of
Yakima River Road Project.
*8 Consideration of Resolution authorizing a 60 -day extension of the existing
Interlocal Agreement with Yakima County Fire District No. 12 for joint use and
maintenance of the District's Fire Station No 1
RESOLUTION NO. R- 2005 -79, A RESOLUTION authorizing and directing the City
Manager to execute an "Amendment To Interlocal Agreement Between The City Of
Yakima And Yakima County Fire Protection District No. 12 For Use And Maintenance
Of Fire Station No. 1" to extend the term of the original interlocal agreement through
July 31, 2005.
*9 Consideration of Resolution authorizing execution of agreement with Ward
North America for Workers' Compensation Third Party Administrator's
Agreement and Addendum with Ward North America, Inc. for administration of ;
the City's workers' compensation claims
RESOLUTION NO. R- 2005 -80, A RESOLUTION authorizing and directing the City ;::,.
Manager of the City of Yakima to execute a Workers' Compensation Third Party
Administrator's Agreement and Addendum with Ward North America, Inc., for
administration of the City's workers' compensation claims and for purposes of
obtaining on -line data services to assist with the administration of said workers'
compensation claims.
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MAY 17, 2005
*10. Consideration of Resolution authorizing temporary 90 -day extension of
professional services contract with Berger / ABAM Engineers for railroad grade
separation design services
RESOLUTION NO. R- 2005 -81, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a supplemental agreement to extend the completion date
and term of a contract with BERGER / ABAM Engineers, Inc. (City Contract No. 2003-
53) for a period up to 90 days beyond May 31, 2005, for engineering and consulting
services related to a grade separation railroad project in the vicinity of B Street and
Lincoln Avenue with Front Street.
*11. - Approval of First Quarter 2005 Finance Reports:
A. Treasurer's Report
B. Accounts Receivables Report
C. Revenue and Expenditure (Budget) Report
The First Quarter 2005 Treasurer's, Accounts Receivables and Revenue and
Expenditure Reports were approved.
*12. Set date of public hearing for June 7, 2005 to consider the Valleybrook
Subdivision Preliminary Long Plat located in the vicinity of South 72 and
Washington Avenues requested by Zier Orchards, LLC
June 7, 2005 was set as the date of public hearing to consider the Valleybrook
Subdivision Preliminary Long Plat located in the vicinity of South 72 and
Washington Avenues, requested by Zier Orchards, LLC.
13. Set date of public hearing for July 19, 2005 at 7:00 p.m. to consider an appeal
filed by the Neighbors For Responsible Development on the Determination of
Significance concerning its Comp Plan amendment request
James Carmody, attorney representing the Neighbors for Responsible Development,
requested an earlier hearing date of either June 21 or 28. This application was made
14 months ago and was delayed due to staff's request for it to be considered in
conjunction with the Congdon request, which never occurred. City Manager Zais
stated this date was selected due to Council's schedule and to give us time to hold a
meeting with Mr. Carmody and others to review information that might have bearing
on the application. It is possible the information could make the SEPA Official (Bill
Cook) change his mind on this DS. He was not sure if a date was set for that
meeting. Mayor George reported that Council would be at the AWC convention on
June 21. Between now and July 19, the conversations that the City Manager
mentioned could take place, and speaking for himself, he was not of a mind to
change that date. We are required by law to give great deference to the SEPA
official. He is our expert and he set the date of the hearing. PLACE MOVED AND
McCLURE SECONDED TO SET DATE OF PUBLIC HEARING FOR JULY 19, AND
DIRECT STAFF TO WORK DILIGENTLY TO FIND AN EARLIER DAY THAT
MEETS THE NOTIFICATION REQUIREMENTS. The motion carried by unanimous
voice vote.
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MAY 17, 2005
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ORDINANCES
141. Consideration of legislation relating to wastewater connection charges (This,
item may only be discussed if motion to reconsider is passed) .
BONLENDER MOVED AND McCLURE SECONDED TO ASK COUNCIL TO
RECONSIDER THE VOTE TAKEN AT THE LAST MEETING REGARDING
WASTEWATER CONNECTION CHARGES. The motion carried by 5 -2 roll call vote;
Place and Sims voting nay.
A. Ordinance amending the Yakima Municipal Code relating to wastewater'
connection rates, fees, and charges
The City Clerk read the ordinance by title and McCLURE MOVED AND EDLER
SECONDED TO PASS THE ORDINANCE.
BONLENDER MOVED AND McCLURE SECONDED TO AMEND THE MOTION TO
TAKE THE REDUCTION IN TWO STEPS; REDUCE THE DECEMBER INCREASE
75% FOR THE REMAINDER OF THIS YEAR AND THEN REDUCE THE
DECEMBER 2004 INCREASE BY 50% AS OF JANUARY 1, 2006. Council Member
Bonlender said this gives people a chance to pay 50% of the rates this year and next
year, then the full cost of option 1A would be effective. Council Member Place
commented that deceases the amount of money available to operate the plant and
to put pipe in the ground. The other issue is, she doesn't know how to do this without
an increase for one class of customers. She stated she is willing to consider time
payments as requested by the Central Washington Home Builders Association, but ,;...
we should not reduce the amount of the increase. City Manager Zais distributed a
copy of the ordinance proposed by Council Member Bonlender. Doug Mayo,
Wastewater Manager, pointed out the difference in the two ordinances, highlighting
page 9, paragraph D, which is unique to this proposal. He agreed that this reduction
would reduce cash flow; however, staff would do the best they can with that amount
of funds.
Council Member Bonlender gave an example of the costs calculated under the
different ordinances. He stated if he wanted to connect his property to the sewer
system and did not participate in an L.I.D. it would have cost $2200 last December; .
under his proposal the cost would be $4800, a big increase. If we did not adopt his
proposal, the cost would have been $6300 and $9250 if we went back to the • •
December rates.
Council Members Edler, Place and Sims expressed concern that this changes the
premise that growth would pay for growth. Council Member Bonlender countered,
saying that the 2.5% increase is a blend of the new growth and existing customers
paying for the new growth.
The Council took a five - minute recess in order to change the videotape. At
4:13 p.m., the meeting was resumed. •
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City Manager Zais agreed this is a relatively minor change in the "growth pays for ° .
growth" policy; however, the change addresses concerns from citizens and
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MAY 17, 2005
homebuilders who felt this adjustment was too extreme. The homebuilders had
suggested another proposal that would spread these costs over time. We favor it;
however, we would like to look at it with next cost of service study. It is true that the
general ratepayers would bear some costs.
Council called for a vote on the motion to amend the ordinance. The
motion carried by: 5 — 2 roll call vote; Place and Sims voting nay. The City
Clerk read the ordinance, as amended, by title. McCLURE MOVED AND
BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried
by 5 -2 roll call vote; Place and Sims voting nay.
ORDINANCE NO. 2005 -22, AN ORDINANCE of the City of Yakima relating to
wastewater rates, fees and charges; amending Sections 7.58.030, 7.58.050,
7.58.060, 7.58.070, 7.58.075, and 758.090 of the Yakima Municipal Code; and
proving for related matters.
B. Ordinance amending the Yakima Municipal Code relating to wastewater
service rates, fees, and charges
The City Clerk read the ordinance by title, and McCLURE MOVED AND
EDLER SECONDED TO PASS THE ORDINANCE. The motion carried by 5 -2
roll call vote; Place and Sims voting nay.
ORDINANCE NO. 2005 -23, AN ORDINANCE relating to wastewater rates, fees, and
charges; adjusting various wastewater rates, fees, and charges; amending Section
7.60.020 of the Yakima Municipal Code; and providing for related matters.
C. Consideration of resolution of Vickers claim for refunding of connection
charge
City Attorney Paolella explained that under the Washington State filed rate
doctrine, we can only charge rates that are published and filed in affect when
the connection is occurring, which protects against concerns regarding rate
discrimination or gifting of public funds. There is case law that says even if an
employee gives inaccurate information, that is not something that can be relied
upon by the citizen. Doug Mayo said that Mrs. Vickers would pay $4312.43
under this ordinance. Katrina Vickers, 904 S. 72 Avenue, advised that they
obtained the permit two weeks ago and worked on trenching, which passed
inspection last Thursday. She didn't believe the connection was made, but it is
ready to go. There is no water or power in the house. City Attorney Paolella
stated that if Mrs. Vickers hasn't fully connected, then she could withdraw the
permit and reapply under the new fee structure. It was the general consensus
of Council to refer this issue to staff.
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*15. Consideration of Ordinance amending the Yakima Municipal Code,
adopting a policy for naming and renaming city streets (See Option A or Option
B):
A. Ordinance adopting a policy that would require a petition to Council to .
bear the signatures of at least 51% of property owners abutting the
subject street
B. Ordinance adopting a policy allowing any resident to petition Council to '
rename a street
Ken Harper, consulting attorney, stated that one option (ordinance) allows
anyone to propose renaming streets, and the other allows only abutting
property owners to request a street name change. Option A is anyone and
Option B is abutting property owners. If Council likes either option, one thing
that is lacking in both ordinances is a fee that could be charged for the City to
accept the petition. State law does not dictate this amount. City Manager Zais
stated that $250 was in the original ordinance to cover processing costs, and
then a $20 fee was suggested, followed by a suggestion to not charge a fee. t;
4 <. i Paul McMurray, Assistant City Attorney, related that in discussions with the
Council subcommittee, it ran the gambit from $20 to $500. In reviewing other
cities' ordinances, he did not see a price tag, which may be because the
processes vary. Staff was trying to recover some of the notice costs in the fee.
Council members discussed various fee options and the pros versus cons of a
substantial or small fee. The City Clerk read the ordinance under Option B by
title. BONLENDER MOVED AND McCLURE SECONDED TO PASS THE
ORDINANCE. McCLURE MOVED AND SIMS SECONDED TO AMEND THE
MOTION TO HAVE A $250 FEE FOR RENAMING AND NO FEE FOR
UNNAMED STREETS. The motion failed by 4 -3 roll call vote; Bonlender,
George and McClure voting nay. WHITMAN MOVED AND SIMS SECONDED
TO AMEND THE MOTION TO INSTITUTE A $500 FEE FOR RENAMING
STREETS APPLICATION: The motion carried by unanimous roll call vote.
Council Member Place stated she likes the $500 fee, but doesn't like renaming
streets. The question was called for the vote on the ordinance as
amended. The motion carried by 5 -2 roll call vote; Place and Whitman voting
nay.
ORDINANCE NO. 2005 -24, AN ORDINANCE relating to the naming and renaming
of city streets; adopting policies and procedures for naming and renaming streets
within the City of Yakima; and enacting Chapter 8.70 as a new chapter and Sections'
r 8.70.010, 8.70.020, 8.70.025, 8.70.030, 8.70.040, and 8.70.050 as new sections of
the City of Yakima Municipal Code.
*16. Consideration of legislation authorizing manpower and resources extending
municipal street maintenance services to newly annexed areas:
A. Motion to approve amending the 2005 Street and Traffic Operations
budget for additional personnel
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The staff report was accepted, including increasing the Street and Traffic Division
staffing by four positions as of July 1, 2005 and.1.75 positions as of January 1,
2006.
B. First reading of ordinance amending the 2005 Equipment Rental and
REET2 budgets for procurement of new equipment and Street and Traffic
Operations budget (No action required; second reading scheduled for June 7,
2005)
An Ordinance amending the 2005 budget and appropriating funds for Street
Maintenance Services, was read by title only, and laid on the table until June 7, 2005
for a second reading.
*17. Second reading of Ordinance amending the 2005 budget and appropriating
funds for an Interim Director for downtown development
An Ordinance amending the 2005 budget and appropriating funds for an
Interim Director for downtown development, previously having been read by
title only, was brought before the Council for a second reading.
ORDINANCE NO. 2005 -25, AN ORDINANCE amending the 2005 budget for
the City of Yakima; and making an appropriation of $75,000 in the 161 —
Parking and Business Improvement Area (PBIA) Fund for expenditure during
2005 to provide for an Interim Director for Downtown Development.
*18. First reading of Ordinance amending the 2005 budget and appropriating funds
for an Associate Planner position (No action required; second reading scheduled
for June 7, 2005)
An Ordinance amending the 2005 budget and appropriating funds to provide for an
additional Associate Planner position, was read by title only, and laid on the table until
June 7, 2005 for a second reading.
19. Other Business
Council Member McClure asked Council if they would consider a study session to
look at two issues: 1) a faster track on improving neighborhood parks where we are
closing the pools; and 2) to look at the idea of an aquatics center. He emphasized
the two are separate issues, although they could be discussed at the same study
session. Council Member Sims commented that it is important to spell out what we
are going to do. We want to see if the school district wants to develop Eisenhower
pool. Council Member McClure stated we would not address Miller Pool at this time
because we decided to put in basketball courts there. Council Member Whitman
stated that the Parks Division has held at least two public meetings and another is
scheduled, and we could get information from those meetings before we hold
another study session. It was the consensus of the Council to hold a study session
as requested by Council Member McClure, and invite representatives from the Parks
and Recreation Commission, the Budget Strategy Team and the youth that
submitted the pool petition. (Council Member Place absent after 5:08 p.m.)
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MAY 17, 2005
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• Information Items
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Items of information provided to Council were: 5/10/05 Memo from Water /Irrigation
Manager re: U.S. Bureau of Reclamation Yakima Project Total Water Supply Available; First
Quarter 2005 Municipal Court/Probation Office Statistics; Agenda for the May 16, 2005 Parks
and Recreation Commission meeting and minutes of its February 14, 2005 meeting; 5/9/05
Letter from New Vision/Yakima County Development Association re: New Vision's 20
anniversary; 5/9/05 Letter from Washington State Traffic Safety Commission re: grant award
for school zone signage ; 5/9/05 Information Item from Wastewater Manager re: May 9, 2005
rainfall ; Planning Division Assignments Pending as of May 17, 2005; and Article from May 7, '
2005 Seattle Post - Intelligencer, "Yakima Site Could Yield Intact Mammoth Skeleton" _ ,
20. Executive Session regarding pending litigation (allow 30 minutes)
McCLURE MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE
SESSION FOR APPROXIMATELY 30 MINUTES TO DISCUSS PENDING .
LITIGATION AND THEN IMMEDIATELY ADJOURN TO MAY 24, 2005 AT
7:30 A.M. FOR A STUDY SESSION. The motion carried by unanimous voice vote;
Place absent.
21 Adjournment to May 24, 2005 for Study Session on transportation capacity
issues
Following the conclusion of the Executive Session, the meeting adjourned at
6:04 p.m.
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READ AND CERTIFIED ACCURATE BY //6 U
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COUNCIL EMBER DATE
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C UNCIL BER D PX/7J
ATTEST:
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CITY CLERK PAUL P. GEORGE, MAYOR
Minutes prepared by Karen Roberts. An audio and video tape of this meeting are available in the City
Clerk's Office r.
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