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HomeMy WebLinkAbout11/02/2004 Business Meeting 393 CITY OF YAKIMA, WASHINGTON BUSINESS MEETING OF THE CITY COUNCIL NOVEMBER 2, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll 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 Bonlender gave an hvocation followed by the Pledge of Allegiance led by Council Member McClure. 3. Open Discussion for the Good of The Order /Special Presentations A. Proclamations None B. Special presentation by the Yakima Sub -Basin Fish and Wildlife Planning Board Joel Freudenthal, Yakima Sub -Basin Fish and Wildlife Planning Board, gave a status report on their efforts in developing a Sub -Basin Plan and a Regional Salmon Recovery Plan. The plan, due in June 2005, will help guide how the Environmental Protection Agency spends irrigation money on habitat restoration in the Yakima sub - basin. The plans are leading the way for compliance with the Endangered Species Act. Council Member McClure commented that he represents the city in this group and they are working diligently at efficient use of the money supplied by Bonneville Power to ensure we are taking care of the endangered fish population and protecting our community's water rights. C. Appointments to Boards and Commissions Council Member McClure recommended that Joyce Jackson be appointed to the Bicycle Pedestrian Committee. He noted that she is actively involved with the PTA and it has been the Committee's goal to reach into the school district. PLACE MOVED AND SIMS SECONDED TO APPOINT JOYCE JONES TO THE BICYCLE/PEDESTRIAN COMMITTEE. The motion carried by unanimous voice vote. D. Status report on prior meeting's citizen service request (if any) None City Attorney Paolella announced that Cynthia Martinez has been promoted to Sr. Assistant City Attorney, Manager of the Criminal Division. 394 - NOVEMBER 2, 2004 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. 14 was removed from the Consent Agenda. 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 October 5, 2004 Business and Adjourned meetings The minutes of the October 5, 2004 Business and Adjourned 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 Daniel Campeau, 3503 Garrett Lane, presented an ongoing problem he has had with regard to perceived discrepancies between Code Enforcement and the Planning Department. He gave a history of the situation that is the result of purchasing property that had a garage located on the property line, annexation into the city, and problems with his neighbor. He is now being given direction by the Code Department to tear down his garage or make it comply with new construction codes. After hearing input from Mr. Campeau and Doug Maples, Planning and Code Enforcement Manager, Council directed staff and counsel to look into the situation and report back. Kathy Coffey, 10 North 8 th Street, General Manager of the Convention Center and President/CEO of the Yakima Valley Convention Bureau, thanked the Council for passing the Tourism Promotion Area. She gave examples of how the self -taxed appropriation would be used in advertising and promoting the Yakima Valley and distributed copies of promotional materials. PUBLIC HEARINGS 6. Public Hearing on ad valorem property tax levy for collection in 2005: Cindy Epperson, Financial Services Manager, gave a brief explanation of the ad Valorem property tax levy. • Mayor George opened the public hearing No one came forward to speak. • Mayor George closed the public hearing 2 3 5 NOVEMBER 2, 2004 A. An ordinance authorizing a 1% increase in the City's annual regular levy from the amount levied the previous year The City Clerk read Ordinance A by title only; SIMS MOVED AND MCCLURE SECONDED TO APPROVE ORDINANCE A. The motion carried by unanimous roll call vote. ORDINANCE NO. 2004 -65, AN ORDINANCE relating to annual property tax levy; authorizing an increase in the City's regular levy from the amount levied the previous year. B. An ordinance fixing and levying the amount of ad valorem taxes for the 2005 budget The City Clerk read ordinance B by title only; SIMS MOVED AND McCLURE SECONDED TO APPROVE ORDINANCE B. The motion carried by unanimous roll call vote. ORDINANCE NO. 2004 -66, AN ORDINANCE fixing and Ievying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 2005 Budget for the City of Yakima. Mrs. Epperson advised that the preliminary 2005 budget and policies are expected to be distributed tomorrow, November 3 Council Member Sims noted that the additional mandatory assessment by the State Department of Retirement Systems ($300,000) included in the budget, is being addressed as a top issue by the Association of Washington Cities. He also expounded on the budget having to deal with increased costs without an increase in revenue, noting the need to cut positions in an attempt to balance the budget. Each year balancing the budget is becoming more and more difficult and services are being impacted. He then spoke about the Budget Strategy Committee and their ongoing efforts to understand the budget and then make recommendations. Those recommendations should begin after the first of the year. 7. Public Hewing Meeting to consider the approval of the Whitecotton Final Plat in the vicinity of 48 W. Mead Avenue Jeff Peters, Associate Planner, explained that the preliminary plat, subdividing 1.9 acres into 11 new lots, was presented to Council on May 18, 2004, at which time they adopted the Hearing Examiner's recommendation and accepted the conditions of approval consisting of street improvements. Those improvements have been completed, bonded, inspected, and accepted. Staff is recommending approving the final plat. • Mayor George opened the public meeting No one came forward to speak. • Mayor George closed the public meeting 3 3 9:6 NOVEMBER 2, 2004 The City Clerk read the resolution by title only; SIMS MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -168, A RESOLUTION approving the final plat of Whitecotton, an 11 -lot subdivision located at the intersection of Rock and Mead Avenues, and authorizing the Mayor to sign the final plat of Whitecotton, Dale Whitecotton as applicant therein. 8. Public Hearing to consider JEM Development Application for Department of Housing & Urban Development Section 108 Loan Funds — Yakima Hilton Garden Inn Bill Cook, Director of Community and Economic Development, advised that this item is to reset the public hearing date on the JEM Development application from November 2 to November 16 He explained that Matrix Bank approached the borrower and the City, through a consultant, with a proposal of a different financing plan for the project. It was felt necessary to review it to ensure bringing the best deal to the City Council. PLACED MOVED AND BONLENDER SECONDED TO RESET THE PUBLIC HEARING DATE TO NOVEMBER 16, 2004. The motion carried by unanimous voice vote. CITY MANAGER'S REPORTS 9. Review of 2004 Wastewater Connection Charge Study as revised Doug Mayo, Wastewater Manager, explained that the revision to be reviewed is the result of a citizen request at the September public hearing to look at an alternate method of allocating on flow rather than parcel size. An analysis was done comparing the two different allocation methods (A and B) and a third alternative, (C), a combination of the two, was developed. Staff is recommending Alternative C. Joe Walsh, Central Washington Homebuilders Association Director of Government Affairs, said it is their position that Alternative C is a workable option for residential projects. He requested the opportunity to work with staff on two possible approaches to lessen the impact of the cost of housing; 1) spread the cost over a period of time as currently done in some parts of Seattle, and 2) move the collection of the connection charge, or the capital portion of that charge to the conclusion of a project. This would eliminate the builder's carrying cost associated with the connection charge and result in some savings to the homeowner. He suggested revisions be developed for a future agenda that will benefit affordable housing. Mr. Walsh's request initiated a discussion on the legality and impacts of time payments. Discussion was also held on the timing of the capital costs of the connection charges. It was proposed that the decision on rates go forward and the other issues come back to Council for review later. City Manager Zais suggested working together to explore the possibilities and in doing so it may be possible to 4 397 NOVEMBER 2, 2004 factor it into the new system design of utility billing. COUNCIL MEMBER McCLURE MOVED AND PLACE SECONDED TO HAVE STAFF BRING BACK LEGISLATION FOR OPTION "C" AS PRESENTED, WITH THE CAVEAT OF BEING KEPT ABREAST OF DISCUSSIONS WITH THE DEVELOPMENT COMMUNITY ON FINANCING. The motion carried by unanimous voice vote. *10. Consideration of Intent to Commence Annexation of property located along the south side of Washington Avenue and west of South 48 Avenue requested by Darren Long and Mayling Chin (Adopt Standard Motions A & B) Standard Motions A & B were adopted to accept the Intent to Commence Annexation of property located along the south side of Washington Avenue and west of South 48 Avenue, requested by Darren Long and Mayling Chin; and that the area to be annexed be required to assume its share of the City's existing indebtedness; and that a Notice of Intent to Annex be filed with the Yakima County Boundary Review Board. *11. Consideration of Resolution authorizing execution of an agreement with Fisher Consulting Group for professional services relating to the City employees health insurance program RESOLUTION NO. R- 2004 -169, A RESOLUTION authorizing and directing the City Manager to execute a benefits broker and consulting agreement between the City of Yakima and Fisher Consulting Group, LLC for professional assistance with the administration of the City of Yakima Employee Health and Welfare Program. *12. Consideration of Resolution authorizing execution of professional services contract with Sound Employment, LLC for workshops on preventing sexual harassment in the workplace RESOLUTION NO. R- 2004 -170, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and Sound Employment Solutions, LLC for the provision of a series of workshops for City employees regarding preventing sexual harassment from occurring in the workplace. *13 Consideration of Resolution authorizing the City Manager to resolve and settle certain claims RESOLUTION NO. R- 2004 -171, A RESOLUTION authorizing the City Manager of the City of Yakima to resolve and settle any claims against or by the City in an amount of $100,000 or Tess, and to execute all documents necessary to the resolution or settlement of such claims. 14. ! Consideration of Resolution authorizing execution of professional service contract with Propertybureau.com for unclaimed personal property disposition services Captain Rod Light explained how the service will work. The service bureau will do _ all the leg work and will receive a 50% commission on items selling for less than $1,000 and a 25% commission for items sold over $1,000. Also noted were how labor and space intensive the current annual auction method is. The City Clerk 5 393 NOVEMBER 2, 2004 read the resolution by title only; PLACE MOVED AND WHITMAN SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -172, A RESOLUTION authorizing and directing the City Manager to execute a property disposition service agreement with PropertyBureau.com for the disposition of unclaimed personal property in the possession of the Yakima Police Department. Following a short break, the meeting reconvened at 4:05 p.m. *15. Approval of Right -of -Way Use Permit for property at 506 Fruitvale Blvd. for six parking lot lights adjacent to Stewart Subaru, requested by Frank Stewart The Right -of -Way Use Permit to place six parking lot lights in the City right -of -way along Fruitvale Boulevard adjacent to Stewart Subaru, requested by Frank Stewart was approved. *16. Set date of public hearing for November 9, 2004 at 7:00 p.m. on the 2004 domestic water utility rate study November 9, 2004 at 7:00 p.m. was set as the date of public hearing on the 2004 domestic water utility rate study and proposed new rates. ORDINANCES *17. Second reading of Ordinance amending the 2004 budget and appropriating funds to promote Yakima as a tourism destination An Ordinance amending the 2004 budget and appropriating funds to promote Yakima as a tourism destination, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2004 -67, AN ORDINANCE amending the 2004 budget for the City of Yakima; and making an appropriation of $130,000 in the 173 — Tourism Promotion Area Fund for expenditure during 2004 to provide for promotion of Yakima as a tourism destination. *18. Consideration of Ordinance accepting the Hearing Examiner's recommendation to approve the rezone of property located at 1211 South 7th Street requested by the City Parks and Recreation Division ORDINANCE NO. 2004 -68, AN ORDINANCE concerning land use and zoning; rezoning the property located at 1211 South 7 Street (Yakima County Assessor's Parcel No. 191330 - 14539) from Two - Family Residential (R -2) to Multi- family Residential (R -3); and amending the Official Yakima Urban Area Zoning Map to reflect said rezone. 6 3 .'9.9 NOVEMBER 2, 2004 QUASI- JUDICIAL PUBLIC HEARING 19. Closed Record Public Hearing to consider the Hearing Examiner's recommendation on a rezone of property at 711 W. Walnut Avenue requested by Next Step Housing Mary Lovell, Associate Planner, explained that a Public Hearing was held August 26 and the Hearing Examiner rendered his recommendation to approve the rezone from R -3, Multi - Family Residential, to B -1, Professional Business, on September 9, 2004. Staff is recommending upholding the Hearing Examiner's • recommendation on the rezone application and direct Legal to prepare the appropriate legislation. In response to questions from Council and concerns about use, if the property is • rezoned to B -1, John Mifsud, Next Step Housing, advised that, through a contract with CTED in Olympia, 45 of the 47 rooms must be used for special needs residents for the next 40 years. The loan cannot be paid off early and the property cannot be sold. Council stated satisfaction with the answers. • Mayor George opened the public hearing No one came forward to speak. • Mayor George closed the public hearing BONLENDER MOVED AND McCLURE SECONDED TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote. 20. Other Business City Manager Zais proposed a scheduling change for the Stormwater Public Hearing currently scheduled for 7:00 p.m. on November 16 due to the heavy meeting schedule for that day. He suggested the hearing be held November 23, 2004 at 2:00 p.m. EDLER MOVED AND BONLENDER SECONDED TO RESCHEDULE THE PUBLIC HEARING ON STORMWATER TO 2 :00 P.M. NOVEMBER 23 WITH POSSIBLE LEGISLATIVE ACTION AT THAT TIME. The motion carried by unanimous voice vote. • Information Items Information Items provided to Council were: 10/27/04 News Release re: Wal - Mart SuperCenter DEIS Issued; Agenda for the November 3, 2004 Community Review Board meeting; Planning Division Assignments Pending as of November 2, 2004; and 10/28/04 Council Information Item re: Response to article from 10/15/04 Inside Washington Publishers re: DOJ concedes potential flaws in EPA's toxicity testing of water discharges; and distributed on 10- 29 -04: 10/29/04 Letter to Yakima Valley Conference of Governments notifying them that Council accepted their 2005 budget and will continue its participation in COG; and 10/29/04 Memo from Dave Brown re: Yakima Basin Storage Alliance Report for October 2004 7 • 400 NOVEMBER 2, 2004 21. Executive Session PLACE MOVED AND McCLURE SECONDED TO MOVE INTO EXECUTIVE SESSION REGARDING PENDING LITIGATION FOR APPROXIMATELY 45 MINUTES WITH ADJOURNMENT THEREAFTER TO NOVEMBER 9, 2004 AT 8:30 A.M. FOR BUDGET REVIEW OF THE PUBLIC WORKS DEPARTMENT, THEN TO 7:00 P.M. FOR A PUBLIC HEARING ON THE 2004 DOMESTIC WATER UTILITY RATE STUDY, THEN TO NOVEMBER 16, 2004 AT 8:30 A.M. FOR BUDGET REVIEW FOR POLICE, FIRE, PUBLIC SAFETY, FINANCE, LEGAL, AND ADMINISTRATION DEPARTMENTS. The motion carried by unanimous voice vote. 22. Adjournment Following Executive Session, the meeting adjourned at 5:35 p.m. READ AND CERTIFIED ACCURATE BY /IC 4110. _ _ COUNCI MBER DATE CO CIL MEMB DATE ATTEST: / p I OA? AF/'- CITY CLERK PAUL P. MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 8