HomeMy WebLinkAbout05/18/2004 Business Meeting 224
CITY OF YAKIMA, WASHINGTON
BUSINESS MEETING OF THE CITY COUNCIL
MAY 18, 2004 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Paul George, presiding, Council Members Dave Edler, Neil
McClure, Mary Place, Bernard Sims, and Susan Whitman
Staff: City Manager Zais, City Attorney Paolella, (both present after 2:23 p.m.), and
City Clerk Roberts
Absent: Ron Bonlender (Excused)
2. Invocation /Pledge of Allegiance
Mayor George asked the audience to stand for a moment of silent meditation
followed by Council Member Whitman leading the Pledge of Allegiance.
3. Open Discussion for the Good of The Order /Special Presentation
• Take Transit
Donning a transit baseball cap, Mayor George read Transit's advertisement and
encouraged citizens to take the bus.
• Knights of Columbus Days
Mayor George read a proclamation declaring the weekend of May 22 and 23` as
Knights of Columbus Days in Yakima. Rick Urlacher accepted the proclamation and
extended an invitation to participate in Knights of Columbus Council 894's 100
Anniversary celebration of its formation in Yakima.
A. Status report on prior meeting's citizen service request
• Response to Hector Franco's and PhD Pleasant's concerns about ClientLogic
Bill Cook, Director of Community and Economic Development, responded to
concerns expressed at the May 4, 2004 Council Meeting regarding the ClientLogic
project. He stated that the City appreciates constructive comments on projects and
that is why we hold public hearings when we enter into these agreements.
➢ -How did this contract maximize protection for the City?
This contract utilized federal community development block grant, Section 108,
funds which do not carry any full faith and credit from the City of Yakima. Therefore,
there were no general funds or other taxpayer dollars behind the loan. The liability
on the repayment of the loan was limited to the sources of those federal funds
which, in fact, are available to the city for economic development projects. In the
case of ClientLogic the contract was a performance based reimbursement contract
and there were specific accomplishments that needed to be completed to warrant
payments from the City. Our funding was provided after we had assured ourselves
that the performance measures had been met.
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•
➢ How did this project benefit "my community "?
The CDBG funds that the Council makes decisions about come to the entire City of
Yakima, so "my community' is the City of Yakima. Due to HUD's concern, a major
focus of these dollars are low and moderate income, so low and moderate income
residents of the city are also a subset of "my community" in the eyes of both HUD
and the Council. The Council authorized, and we entered into, an agreement with
ClientLogic that established aspirational goals. Clearly we were asking ClientLogic
to make a good -faith effort to have their workforce reflect the ethnic composition of
our city. This was a goal we looked forward to but was not a contractual obligation,
not an item that would result in us refusing to make payments on the contract. That
in part is because HUD does not require, nor favor, quotas. HUD does encourage
assistance for low and moderate income, and in fact the CDBG program is in place
to benefit low and moderate income people. Mr. Cook went on to describe the HUD
criteria and the demographics of the various census tracts in downtown Yakima. He
also gave specific details on ClientLogic's performance measurements. Mr. Cook
then gave a breakdown on the return on investment from the ClientLogic project
summarizing that for our investment of $420,000 compared to the $17.6 million that
ClientLogic put into our community, we got a return of $42 for each $1 invested. We
also have developed a regional and national reputation as a community with high-
speed, high - quality internet accessibility, a trained workforce with an outstanding
work ethic that includes bi- lingual workers. ClientLogic, over and over again,
reminded us that their facility in Yakima always ranked highest of all of their facilities
around the country in terms of quality, customer service, and efficiency. We also
have established a reputation, both regionally and nationally, as a community with a
"can do" attitude that has the tools and commitment to make economic development
happen. Therefore, he thinks it was a wise and successful investment.
Mayor George introduced Katie Weeks, a student from Wapato High School who,
through the Chamber of Commerce program, was job shadowing the mayor.
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. There were no changes. 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; Bonlender absent. (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 February 17, 2004 Adjourned Meeting and
April 13, 2004 Business Meeting
The minutes of the February 17, 2004 Adjourned Meeting and the April 13, 2004
Business meeting were approved, having been duly certified accurate by two
Council members and no one present wishing to have said minutes read publicly.
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5. Audience Participation
Craig Galbraith, Managing Editor of KIMA News, 2801 Terrace Heights Drive,
urged Council to reconsider the decision to move the Council meetings to 3:00 p.m.
as that timeframe will make it difficult to meet their 5 and 6 p.m. newscasts. That
time will also impact their ability to have a reporter at the Council meeting as they
only have one swing shift reporter. COUNCIL MEMBER PLACE MOVED AND
SIMS SECONDED TO RECONSIDER THIS DECISION AT THE JUNE 1, 2004
MEETING. The motion carried by 5 -1 voice vote; Edler voting nay, Bonlender
absent.
Alonzo Marquez, 613 North 3rd Street, distributed information regarding the WASL
test scores for the Yakima School District. He said the School Board is meeting
tonight to discuss going to year -round school. He claimed that although they are
saying it is better for the community, the test scores show that the three schools that
are currently going year -round are actually doing worse than the other schools. He
talked about the scores for this school district saying they are pitiful. He wants the
community to become aware of what is going on in the school district as it affects
our future. He also claimed there is racial and handicap discrimination in the school
district. He was advised that his comments should be directed to the school district
as that is who his disagreements are with.
Phil Pleasant, 1202 Fair Avenue, commented on the ClientLogic information
previously provided. It is his interpretation that the federal government wants the
people making decisions on these funds to be the community. He met with the
people in Community Development several times and talked about a business
incubator and they went with ClientLogic. He requested the information in writing so
he could break it down further. He doesn't agree with the City when they say HUD
isn't requiring that information.
PUBLIC HEARINGS
6. Public Hearing and legislation on locating Adaptis in the Community Renewal
Area (Resolution authorizing execution of grant and CDBG float loan agreements)
Bill Cook, Director of Community and Economic Development, advised that the
resolution will require amendment of the 2004 Action Plan, and reminded Council
that there are funds in that plan slated for ClientLogic that are now available for
other economic development projects. There has been advertising on this project
for about six weeks. To date there has been no written or phone comments or
questions raised about the advertisement and notice of this pending action. Adaptis
is a Washington state firm, expanding from Seattle. It is a "for profit" company and
HUD recommends loans under economic development should be made to "for profit"
companies. Mr. Cook emphasized that the City is doing two forms of financial
assistance on this particular application. There is a grant, a 7 -year contract, not to
exceed $500,000 total nor $100,000 in any given year. It is performance based on
job creation. For each net new job that Adaptis creates, the incentive is a $2,000
grant into the future, not to exceed a total of $500,000. The projection is ultimately
for 200 jobs in the fourth year but that appears to be a conservative number. The
float loan is secured by a letter of credit from a bank to pay it back to the City should
anything happen with Adaptis.
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Mel Wagner, 4704 Hilltop Lane, as a representative for the Board of New Vision,
said they endorse the Adaptis project. Adaptis meets the criteria for firms to come to
Yakima and New Vision is pleased with their efforts and what they will provide for
employment. Knowing that the City Council's number one goal is economic
development and providing jobs, they think this is a win -win opportunity. He also
expressed appreciation of the City staff for their cooperation. He introduced Jim
Anderson, CEO and President of Adaptis, Inc., 6601 112 Avenue Northeast,
Kirkland, Washington. Mr. Anderson described his background, the company, and
why they selected Yakima. Adaptis was formed in 1996 and was primarily used as
the in -house technical and processing unit for Community Health Network of
Washington. Since 2001 the company has been looking into providing their
technology, processes, and people skills to other health plans throughout the United
States. They are just now starting to market their products and services throughout
the U.S.; therefore, they expect to grow. They did a nationwide search with the idea
that at the end of their current lease they would set up an operation center
somewhere and perhaps move the home office. Yakima was in the running with
San Antonio, Texas; Stillwater, Oklahoma, and Boise, Idaho. The common
denominator of the three was that they all had a good educational infrastructure as
well as a good cost structure. Yakima was selected because it is within the state of
Washington, has a proximity to Seattle, there is a good infrastructure, there is a
skilled labor pool, and there is an educational facility that will allow improvement of
those skills. The primary difference was the grants and loans offered by Yakima
allowed them to make this decision now instead of later. They have signed an
agreement to sublease the 11,000 square foot location previously occupied by
ClientLogic.
• Mayor George opened the public hearing
Hector Franco, 815 North 8 Avenue, first responded to the opening comments
made by Bill Cook on ClientLogic. He claimed the contract with ClientLogic was full
of holes and the City should not be proud of whatever we got from them. He has
reviewed the contract with Adaptis and feels it is good. He made one suggestion to
move the phrase "to benefit low and moderate income people" putting it under the
assumption clause because the benefit is not direct. After the funding term is over
and if they decide to terminate, he said there is no provision for recovery of funds.
This contract is enforceable only to the extent that they are expecting money. His
real concern is, since we are only assuming that it is benefiting the low and
moderate income people, we also need to address the issue of micro - enterprise.
This is also an eligible activity that the City has not supported. He feels that would
have a direct impact on the citizens of the community.
Robert Owen, 614 North 3rd Street, asked about a church on 8 Avenue and Mead
that is renting space to an organization called Helping Hands. Their hand -out
information says that they are planning to occupy the same space Adaptis is going
to occupy. Bill Cook responded that there is room for more than one operation, and
Adaptis is leasing only about 25 %. The final decision on who will rent the space is
ClientLogic's as they are the primary leaseholder. Rental questions should be
addressed to them.
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Phil Pleasant, 1202 Fair Avenue, was confused about money put into the facility by
ClientLogic and dollars quoted by Adaptis to move into the space. He questioned
the amount Adaptis quoted. He wanted the company to give a guarantee that
employees will be given the opportunity to work full time, be promoted, and not be
laid off.
• Mayor George closed the public hearing
The City Clerk read the resolution by title only; PLACE MOVED AND SIMS
SECONDED, TO ADOPT THE RESOLUTION. City Manager Zais summarized that
it takes time to go through the process and City staff has endeavored to consider all
of the necessary protections. We think this is an excellent contract and recommend
it to Council for approval. The motion carried by unanimous roll call vote; Bonlender
absent.
RESOLUTION NO. R- 2004 -75, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a CDBG economic development project grant
agreement and CDBG float loan agreement with Adaptis, Inc. to assist with the
establishment of a business process outsourcing operation in the City of Yakima's
Renewal Community Area.
7. Public Hearing on legislation creating a stormwater utility
Chris Waarvick, Public Works Director, introduced the subject. Available for
questions were Jeff Lewis, Ray Latham, and Terry Wittmeier from the Department of
Ecology, John Knutson, Surface Water Manager; and Don Gatchalian, Assistant
Public Works Director from the County, and Brett Sheffield, the City's Surface Water
Manager. Mr. Waarvick explained that this process has been going on for
approximately ten years and we will continue to make sure all reasonable steps are
taken to inform the public of this unfunded federal and state mandate. A draft
ordinance has been developed; it is a work in progress and we are working with our
legal counsel to make sure it meets constitutional and utility law. Twenty top rate
payers in each of the three main areas (Cities of Yakima and Union Gap, and
Yakima County) have been contacted. Council Member Sims said he thinks it is the
consensus of this group that a utility tax would not be imposed on this utility at this
time. Mayor George advised that no decision will be made today, this is the first of
two public hearings on the creation of the stormwater utility. Another public hearing
will be held jointly with the County and Union Gap on June 1st
® Mayor George opened the public hearing
Clarence Barnett, 916 South 17 Avenue, commended City staff and the County for
the many hours put forth in order to come to some fruition on this subject. It is his
opinion that they have done everything they can in order to meet the regulations as
we know them now. He submitted a letter with technical concerns on the subject to
the City Clerk. He further commented that we have to accept the need to respond to
federal mandates whether we like them or not and these mandates require the City
to have a stormwater plan in place. However, the agenda statement goes beyond
that; the ordinance proposes new fees for the federally mandated program. The
important thing we need to understand is the proposed fee will also be used for
some existing facilities in the future, an issue that the public may become confused
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about. He thinks the public, as a whole, believes the City needs to raise only the
money to pay for the new services required by the federal mandates. He
encouraged Council to take action at the appropriate time to limit the services paid
for by the fee to the new services required by the federal mandate but tell the public
that some time in the future they may also have to pay for some of the existing
services.
Steve Wolcott, 7815 West Mead, said he realizes that the proposed stormwater
utility is the result of an unfunded federal mandate and must be addressed and he
appreciates the consideration that has been proposed to offer a reduction of fees to
those who contain their water on their own property through drywells, etc., but, he
also wants to ask for consideration of an additional class for the "not- for - profits ".
Sandra Swanson, West Valley, said she is confused about why this is called a fee
rather than a tax. She believes it is a tax. She noted that it allows for certain entities
to be taxed that aren't normally taxed. Government services and schools are all tax
driven entities and we would end up paying for this fee again. Her point was that
taxpayers will be paying the fee, and then these other entities will be paying them
with dollars we paid in our taxes. At that point they will probably have administrative
fees tacked on. It makes more sense to her to have them be exempt and have the
taxpayers pay it directly removing that middle administrative costs. City Attorney
Paolella clarified that this involves a fee, not a tax, because it is a specific charge for
a specific service and the money is allocated to that service only. Ms. Swanson also
stated she would like this fee limited to the mandate with nothing else built in.
Chris Waarvick, agreed that, bottom line for the consumer, the difference between
whether it's a fee or a tax makes no difference. However, for those that must
comply with federal law there is a big difference. He pointed out that in the agenda
statement it was clear that the NPDESPhase 2 Stormwater permit as proposed by
the Washington State Department of Ecology will include items from the Safe
Drinking Water Act, the Endangered Species Act, and from Total Maximum Daily
Loading compliance. Those particular acts, as they relate to stormwater, will have
provisions in our general permit and it is the general permit that drives costs. City
Manager Zais said that the City has already been subsidizing, out of its reserves,
compliance requirements for stormwater that have not been funded in the Streets
Division and the Wastewater Division. He said we will seek to have that funded
through this utility because for several years we have borne a subsidy that has not
been funded.
Mike Leita said he hasn't taken a position on the stormwater issue yet but realizes it
is an issue that is facing the entire county. He emphasized that once this is set into
place it be closely monitored for having a real benefit to our water eco systems in
our community. He suggested we comply with the unfunded mandate but not go
overboard and develop an extra layer of bureaucracy or start a program without
accountability.
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Jar Arcand, 111 East Yakima Avenue, encouraged Council to educate the
community of the seriousness of this federal unfunded mandate. He doesn't want to
see a stormwater fee come in that becomes so big it burdens the community into
further depression. He encouraged Council to comply with the minimum
requirements only.
In further discussion it was pointed out that residents could contact the City and
have a "mock" billing created to estimate their fee over the next three years of
ramping up. Also noted was that it was preferred to handle this collection through an
annual billing through the property tax system. Also discussed was the billing
method by equivalent residential units (ERU).
Gary McCauley, representing Morton Supply, claimed that no stormwater escapes
their property and if they are charged on size, it could be a substantial fee that may
cause them to reduce their force and downsize their business. The information they
had received said they would be looking at $2,500 the first year (2005) increasing to
$7,200 by the year 2010. It was suggested that Brett Sheffield, the City's Surface
Water Manager, re- evaluate this property.
Jim Bell, 401 North Naches Avenue, expressed concern about this issue and fear
that it would increase like his irrigation water has over the years.
• Mayor George continued the public hearing to June 1, 2004 at 7:00 p.m. at
the Convention Center
City Manager Zais addressed the issue of community education. It has been an
ongoing effort for many years to help the public see what was coming with
stormwater. It is hard to reach everyone but there have been many outreach
meetings and workshops over this span of time. The regulations are a national
standard that emanates from the Clean Water Act of 1972. There have been
amendments that have been processed at the state level to have a different look at
Eastern Washington versus Western Washington. There has been incremental
progress on subjects such as drywells. There have been public meetings and public
discussions in the form of study sessions held by both the City and County. All
along this has been a joint effort by the City, County, and Union Gap, to work
together towards a plan to fulfill the federal statutory requirements and state law.
There was a community session held recently that was fairly well publicized and
attended that reached out to the community to help provide informational
background material on the upcoming stormwater compliance decision. Mr. Zais
said we're trying to find a means by which the public can be educated and informed.
It's taken a long time to get to this point and he is sure it's going to be monitored
carefully by all to see if we can continue to contain costs. As we move forward in the
next few months and get to the point of adoption, we have to demonstrate that we
are, in fact, in compliance and go forward with the expectations of the federal and
state agencies that are regulating us.
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As to timing, it is planned to begin fee collection with property taxes in 2005.
Mr. Zais said there are compliance responsibilities that we have today that are being
met without the resources to do so and as a result we are sacrificing other things
that we are obligated to do. This is a mandate that the EPA has officially ordered as
of March 2003,
CITY MANAGER'S REPORTS
8. Consideration of Parks and Recreation Commission recommendation for
financing repairs at Franklin Pool and Resolution amending the pool fees at
Franklin Pool
Denise Nichols, Parks and Recreation Manager, explained that the shower boiler at
Franklin Pool had to be replaced. They were asked to look internally within the
aquatics budget for the $25,000 cost of the repair. Debbie Wadleigh, Aquatics
Supervisor, was able to identify about $10,000. The Parks Commission felt the
public should be asked to contribute and recommends increasing the fee to swim at
Franklin Pool by $0.25. It is projected the increase will generate close to $10,000.
This resolution would increase the fee schedule by a quarter for all age groups. The
City Clerk read the resolution by title only; SIMS MOVED AND PLACE SECONDED,
TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote;
Bonlender absent.
RESOLUTION NO. R- 2004 -76, A RESOLUTION authorizing and directing the Parks
and Recreation Division Manager to implement the revised 2004 Parks and
Recreation Fee Schedule for program facilities use and activities participation.
*9. Consideration of Resolution' authorizing execution of contract amendment
with Black and Veatch for Wastewater Facilities design
RESOLUTION NO. R- 2004 -77, A RESOLUTION authorizing the City Manager and
City Clerk of the City of Yakima to approve use of budgeted funds for the
implementation of Work Packages #2 and #3 described in the April 23, 2003
Agreement for professional engineering services between the City of Yakima, a
municipal corporation, and Black & Veatch Corporation.
*10. Consideration of Resolution authorizing execution of agreement with the
Yakima Valley Umpires Association for officiating services
RESOLUTION NO. R- 2004 -78, A RESOLUTION authorizing and directing the City
Manager to execute an agreement with the Yakima Valley Umpires Association to
obtain softball officiating services for the City of Yakima's organized softball
program.
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*11. Consideration of Resolution modifying the City Treasurer's Petty Cash and
Change Funds
RESOLUTION NO. R- 2004 -79, A RESOLUTION amending Resolution No. R -2002-
17, adopted February 19, 2002 and authorizing the existence of Change Funds, and
other Petty Cash Funds, within the various Funds of the City of Yakima.
*12. Consideration of motion to redirect budget resources from the Police
Department and Office of Neighborhood Services and approving new staff
position for Graffiti / Gang Enforcement Program
A Motion authorizing redirection of budget resources from the Police Department •
and Office of Neighborhood Development Services and approving a new staff
position for graffiti / gang enforcement program was adopted.
*13. Consideration of initiating a 30 -day comment period and set date of public
hearing for June 22, 2004 to consider amendments to the 2004 Community
Development Block Grant Annual Action Plan to assist Praeclarent- Yakima
(formerly known as ResultsTel)
A Motion initiating a 30 -day comment period and setting June 22, 2004 as the date
for a public hearing to amend the 2004 CDBG annual Action Plan to assist
Praeclarent- Yakima by way of a performance grant was adopted.
*14. Set date of public hearing for June 1, 2004 to consider proposed amendments
to the Pit Bull ordinance and dangerous dog legislation
June 1, 2004 was set as the date of public hearing to consider amendments to the
Municipal Code relating to animal control and pit -bull dog regulations.
*15. Approval of reports from the Finance Department:
A. First Quarter 2004 Treasury Report
The First Quarter 2004 Treasurer's Report was approved.
B. First Quarter 2004 Central Receivables Report
The First Quarter 2004 Central Receivables Report was approved.
ORDINANCES
*16. Consideration of Ordinance restricting parking on portions of Walnut Street,
28 and 30 Avenues in the vicinity of Yakima Valley Memorial Hospital (their
request) and a portion of Mead Avenue between 11 and 16 Avenues
ORDINANCE NO. 2004-29, AN ORDINANCE relating to traffic; creating and
defining an area for restricting parking on Walnut Street, South 28 Avenue, 30
Avenue, and Mead Avenue, and amending Section 9.50.050, all of the Yakima
Municipal Code.
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*17. Consideration of Ordinance amending the Classification and Compensation
Plan to create a Right of Way Agent position
ORDINANCE NO. 2004 -30, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective June 20,
2004; amending Subsections 2.20.100 A, 2.20.100 C, 2.20.110 A, and 2.20.110 C,
all of the City of Yakima Municipal Code.
18. Other Business
A. Consideration of appointments to the Yakima Downtown Association
Committee
SIMS MOVED AND EDLER SECONDED TO APPOINT MONICA WEYHE TO THE •
YAKIMA DOWNTOWN ASSOCIATION AS RECOMMENDED BY THE
COMMITTEE. The motion carried by unanimous voice vote; Bonlender absent.
Council Member Place raised the issue of the Clean Air Assessment. For the last
few years the City of Yakima has not paid their full assessment (reduced by $1,155).
This has become a source of embarrassment as the Mayor sits on the Board.
PLACE MOVED AND GEORGE SECONDED TO PAY THE FULL ASSESSMENT
TO CLEAN AIR IN THE 2004 BUDGET. Council Member Sims spoke against
increasing the payment and cautioned that it may set a precedent for the other
outside agencies whose funding was reduced. Council Member Place and Mayor
George urged Council to approve the motion. Council Member Edler suggested
deferring a decision until the next meeting giving the new Council members the
opportunity to review the history for a better understanding of the situation. EDLER
MOVED AND McCLURE SECONDED TO DEFER THIS DECISION TO THE NEXT
MEETING. The motion carried by a 5 -1 voice vote, Place voting nay, Bonlender
absent.
Council Member Place spoke about the County Wide Planning Committee she and
Council Member McClure are on and advised that on Wednesday May 26 they are
having an upper valley meeting to discuss the shoreline and critical areas
ordinances at the YWCA from 6 -9 p.m. She encouraged all Council members to
attend.
Following a short break to change the video tape, the meeting reconvened at 4:11 p.m.
CLOSED RECORD PUBLIC HEARING
19. Closed Record Public Hearing to consider the Preliminary Plat of Whitecotton
located in the vicinity of 48 W. Mead Avenue
Bruce Benson, Planning Supervisor, explained that the property being platted in this
application is currently in use as a mobile home park. In the process of the
development of the mobile home park the individuals that are currently living there
will be required to relocate. It had been quite an issue for the public during the
hearing. There are some very specific state regulations that involve relocation. The
property owner has advised that two of the units have already been moved and that
the state assistance was sufficient.
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Jeff Peters, Assistant Planner, described the plat of Whitecotton as an 11 -lot
preliminary subdivision located at 48 West Mead Avenue, the general vicinity being
the intersections Rock Avenue and Mead Avenue. The plat is comprised of one
existing lot of record, approximately 1.9 acres of R -2 zoned property. The technical
review of the plat of Whitecotton disclosed that all standards of the subdivision
ordinance as well as the provisions of the zoning ordinance which pertain to long
plats are in compliance. The transportation concurrency review indicated that there
is sufficient capacity left within the surrounding streets to absorb the traffic from the
proposed 11 -lot 2- family subdivision. On March 25 the Hearing Examiner
conducted an open record public hearing. There were individuals who testified both
for and against the plat. On April 8 the Hearing Examiner issue his written
recommendation for approval subject to conditions contained within the staff report.
Staff recommends acceptance of the Hearing Examiner's recommendation to
approve the preliminary plat of Whitecotton. Mr. Peters then listed the Hearing
Examiner's conditions.
• Mayor George opened the public hearing
Jim Bell, Bell and Upton Land Surveying, 315 North 3rd Street, didn't agree with
moving the existing approach to the driveway on Mead Avenue. He also spoke
about the 25 foot utility easement noting that the only utility on this property is a
water line that is about 8 feet north of the south property line He suggested they be
allowed to vacate that portion of the utility easement that the city doesn't need. He
expressed concern that this condition may impact the property owner's ability to
obtain financing.
Jeff Peters explained that the easement does not affect the actual lot size, however,
it does affect the building area that a house can be built on. The Planning Division
spoke with the City Engineer's Office who suggested that we have a note recorded
on the face of the plat stating that it can be built upon up to the easement. Mr.
Benson said we could address that issue and then bring it back to Council in the
final plat
• Mayor George closed the public hearing
PLACE MOVED AND SIMS SECONDED TO ACCEPT THE PRELIMINARY PLAT
WITH THE HEARING EXAMINER'S RECOMMENDATIONS EXCEPT FOR THE
`NO STRUCTURES BUILT WITHIN EIGHT FEET OF EITHER SIDE OF THE
CENTER LINE OF THE SEWER'. The motion carried by unanimous roll call vote;
Bonlender absent.
20. Continuation of Audience Participation (if needed)
None required.
21. Executive Session
PLACE MOVED AND SIMS SECONDED TO MOVE INTO EXECUTIVE SESSION
FOR APPROXIMATLEY 45 MINUTES REGARDING PENDING AND
PROSPECTIVE LITIGATION THEN ADJOURN TO MAY 25 AT 5:30 P.M. FOR A
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STUDY SESSION ON REFUSE RECYCLING. The motion carried by unanimous
voi vote; Bonlender absent.
22. Adj
Following the Executive Session, the meeting a djourned at 5:35 p.m.
READ AND CERTIFIED ACCURATE BY / ice/ / D
COUN MEMBER I ' T
OUNC /MEMBER DATE
ATTEST:
CITY CLERK PAUL P. GEORGE, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's
Office
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