Loading...
HomeMy WebLinkAbout11/16/2004 Business Meeting 413 BUSINESS MEETING NOVEMBER 16, 2004 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call 111 Present: I Council: Mayor Paul George, presiding, Council Members Ron Bonlender, Dave Edler, Neil McClure, Mary Place, Bernard Sims', and Susan Whitman Staff: City Manager Zais, Assistant City Attorney McMurray, and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member Bonlender gave an invocation, followed by the Pledge of Allegiance led by Council Member Edler. 3. Open Discussion for the Good of The Order /Special Presentations A. Proclamations None B. Appointments to Boards and Commissions None C. Status report on prior meeting's citizen service request (if any) None Harman Center Denise Nichols, Parks and Recreation Manager, informed Council members of a special contributor's citation the City of Yakima received for the Harman Center at the National Parks and Recreation Congress in October. She passed the plaque around for the Council members to see. Kiwanis Park Mrs. Nichols reviewed the grand opening at Kiwanis Park and showed a short video that will be used to market the facility. 4. Consent Agenda Mayor George referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Items Nos. 13 and 15 were removed from Consent. The City Clerk read the Consent Agenda items, including resolutions and ordinances by i title. BONLENDER MOVED AND SIMS 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.) 414 NOVEMBER 16, 2004 *A. Approval of the minutes of the September 11, 2004 Adjourned Meeting, October 12, 2004 Adjourned meetings (2), and October 19, 2004 Business meeting The minutes of the September 11, 2004 Adjourned Meeting, October 12, 2004 Adjourned Meetings (2), and the October 19, 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. 5. Audience Participation No one came forward to speak. PUBLIC HEARINGS 6. Public Hearing to consider JEM Development Application for Department of Housing & Urban Development Section 108 Loan Funds — Yakima Hilton Garden Inn City Manager Zais advised that this is the formal public hearing for consideration of federal HUD Section 108 Block Grant funds for JEM Development's use for a hotel project in downtown Yakima. The project is valued at approximately $9.5 million, composed of public and private financing. It is a loan to be repaid by the owner and developer. The project has gone through considerable review with involvement from staff and consultants, as well as in -depth briefings with Council members and the Economic Development Committee who voted to bring it forward to Council for approval of the loan. Because this is a complicated project requiring considerable expertise, we retained John Finke of the National Development Council for assistance. If the resolution to submit the loan for consideration, by HUD were approved, the developer would then take steps for architectural services, and to get the appraisals and HUD approval processes started. Although there are risks with a hotel that had to be weighed by the City, the bank, and Council, the City staff feels the project is financially feasible and that the investment securities could be recovered if there were any default. The project is expected to be a catalyst for major economic opportunities in the downtown area. Bill Cook, Community and Economic Development Director, also introduced the public hearing. The project is for $3.5 million Section 108 funds to provide approximately 38% of the total dollars necessary to build a 104 -room hotel in downtown Yakima in the old Mervyns building. After months of due diligence analysis by City staff and consultant John Finke, the project is ready for public comment and City Council consideration. John Finke summarized the key components of the transaction and noted the project is fairly conservatively underwritten considering its loan -to -value ratio and debt coverage standard. He said they are confident the project will be successful as they have done a thorough job of underwriting and feel confident to recommend it. He then gave a brief explanation on the new market tax credit portion of the funding. 2 4 1 5 NOVEMBER 16, 2004 Joe Morrier, 402 East Yakima Avenue, emphasized their intent to regenerate downtown. In answer to the question of who would run it, Mr. Morrier said that they would have either Hilton or another professional management company run the hotel. Discussion then covered the design of the building and parking. • Mayor George opened the public hearing Kathy Coffey, speaking as a Yakima resident, supported the project and urged Council to approve it. As the General Manager and CEO of the Convention Center, she spoke of the need,for a full service hotel within walking distance of the convention center with a lively downtown and shopping and dining. Jamie Stickel, Chairman of the Yakima Downtown Association, spoke personally, and on behalf of YDA, in support of the hotel project. Candy Turner, 7800 West Mead, said she thinks the project will put some locally and privately owned motels out of business and that it will pay sub standard wages. She suggested that diversification should be considered when disbursing HUD money. Connie Upton, Assistant General Manager of the Convention Center, spoke on behalf of the Public Facilities District Board of Directors in support of the project. George Pechtel, 510 North 29 Place, spoke in support of the project. He has met with the staff and discussed the financing deal. He said that a lot of the negative comments are personality driven and we need to get past that and go forward. Freya Burgstaller, 1507 Belmont Avenue, expressed concern about HUD money being used for this project. She asked, and was enlightened, on how the HUD money requests were processed. Barbara Grecco, 32 North 3rd Street, said For a Better Tomorrow feels passionately about the future of downtown. They recently did an assets inventory of what is downtown and there are over 300 downtown assets, from one- person law offices to city hall, churches, counseling, restaurants, entertainment, and nearly 50 retail businesses. There is a lot of life yet in downtown Yakima. Perception outweighs what is really happening because of the closed up mall. This is an opportunity for the Council to change that. Kara Kondo, 3601 Hillcrest Way representing Lynn Baxter, President of League of Women Voters, expressed the League's support of the project. Lynne Kittelson, 305 North 9 Street, said she is interested in seeing the project go forward, and in the Council taking a risk and working together as a team to get the project off the ground to start revitalizing downtown. Leni Skarin, 213 South 28 Avenue, shares a lot of the support expressed towards doing something to revitalize downtown, but thinks it is frustrating to tie up a huge portion of a small amount of loan money in something that is not going to bring living wage jobs to Yakima. Mike Murphy, 4411 Snowmountain Road, thinks we should talk to Kemper Freeman from Bellevue or Center Oaks properties rather than work on a Joe Morrier project. 3 416 NOVEMBER 16, 2004 Ivone Petzinger, owner of Essencia Bakery, spoke positively about the project. Steve Caffery, General Manager of the Capitol Theatre, feels the hotel is vital to support prosperity of the theatre, downtown, and the future of our community. Carrie Stagman, 402 East Yakima Avenue, gave her support to the hotel project. Jay Wilgen, 9 North 9 Street, spoke on behalf of Yakima Valley Lodging Association who have expressed opposition to the project primarily because of the funding and it giving an unfair advantage. Although they support the revitalization of downtown they feel there are better uses of these funds. They recommend other uses be explored rather than adding hotel rooms that are running at less than 60% occupancy. Luz Gutierrez, 1424 South 31 Avenue, suggested it was important to use this funding for several loans for different businesses that could be created and supply living wage jobs, not hotel jobs. She is suspicious that Council has not seen a business plan and are going forward without all the questions answered. She said we are continuing to neglect the Hispanic business sector. Dave McFadden, President of the Yakima County Development Association, 10 North 9 Street, said a healthy downtown is a vital ingredient for success in attracting other businesses to the area. He thinks Council has looked at this project 100 different ways and is ready to make the decision. Staff has done a very good job of underwriting this project and getting it ready for review and decision. Contrary to what others have said, there are not a lot of people wanting to invest millions in downtown Yakima. Joe Mann, 6 North 3rd Street, business owner of one of the 300 business still downtown, commends Joe Morrier for taking the risk. He pointed out that, although a lot of people are talking about the other things that can be done with this money, it has been sitting there for six years, and there hasn't been another project come up that qualified for it. Scott Brumback, 321 East Yakima Avenue, said this is a business decision and they want the project to work. Wiley Hurst, from the same law office, also gave his support to the project. Hector Franco 815 North 28 asked questions about the underwriting and commented that the Council is ignoring micro - enterprises. Betty Gaudette, 701 North 6 Street, stated concerns about the level of wages of the jobs created, about parking, and the impact on the other motels. Jar Arcand, 111 East Yakima Avenue, claimed that the number one industry in the city is tourism. Service jobs and service wages are consumer driven and we need to recognize we have a service industry that we need to support to compete with the 4 417 NOVEMBER 16, 2004 rest of the state. Without those tourist dollars coming in many businesses will be closed. He said it appears the biggest problem with the loan is that it's to Joe Morrier as a lot of people dislike him. He suggested we must support the project and put away the emotions for the man. He emphasized the need to make sure the loan is ironclad. Kathy Coffey, President and CEO of the Convention Center said that a disservice has been done by the comments about the low wages for the hotel. That is a perception of the past. Our hotels pay good wages and have medical benefits. They did a study with the Department of Revenue and Tourism and the average wage three years ago was $12.95 an hour. Although that is not in the high tech range, three years ago that was not a terrible wage. • Mayor George closed the public hearing. The City Clerk read the resolution by title only; SIMS, MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. • Council members comment Council Member McClure thanked everyone who came to speak assuring them that they have looked at this long and hard. He agreed with everyone's concerns about downtown Yakima and will vote with them in mind. He suggested there is a third option rather than just approve or not approve the application before them. That option would be to change the collateral situation with the agreement. Council Member Place said this is the seventh project proposed by Mr. Morrier and she has supported each one before. We do need a new hotel downtown as the hotels downtown are in'desperate need of updating. But, Mr. Morrier will be a novice hotel owner and she is also concerned about the city's subordinate position on the repayment. She encouraged Mr. Morrier to go ahead with this on his own. Council Member Edler commented that a key word citizens used was stewardship. He said that Joe Morrier had an opportunity to steward our downtown previously and failed. But, he has also studied the project and now realizes that when anchor stores fall on tough times and pull out of small markets like Yakima, we can point fingers at Joe Morrier while not recognizing the larger factors that cause those things. Other key discussions were about parking and the lack of trust by the community. Thinking of what possibilities loom with the promise of this project and the personal guarantees the Morrier's are bringing to the table, he will choose to • respect Joe Morrier and his management team and that they've learned from past mistakes and this project will begin a new era of life in downtown. Council Member Bonlender said that he lives downtown and he recognizes the importance of this project to the neighborhood. He pointed out that their mission statement says the City Council will be a catalyst for economic development. The question was called for a vote on the motion. The motion passed by a 4 -3 roll call vote; McClure, Place, and Whitman voting nay. RESOLUTION NO. R- 2004 -173, A RESOLUTION authorizing the City Manager to submit an application for $3,560,000 from the Section 108 Loan Guarantee Program 5 418 NOVEMBER 16, 2004 of the United States Department of Housing and Urban Development (HUD) for Yakima Hotel, LLC to construct a Hilton Garden Inn Hotel. Following a short break, the meeting reconvened at 4:15 p.m. (City Attorney Paolella replaced McMurray at the horseshoe). 7. Public Hearing on the Five -Year (2005 -2009) Community Development Block Grant Consolidated Plan and 2005 Annual Action Plan Bill Cobabe, explained this is a final public hearing and noted that Spanish translation is available. Our city is a Community Development and Home Entitlement Community meaning we receive funding without the need to apply. We wait until Congress comes up with a budget to determine how much money we're going to have. Today's review is based on an estimate. Let it be noted that the funding does come with requirements and restrictions. This hearing is the final opportunity for citizen input. There have not been any written comments received during the comment period. CDBG and HOME have similar purposes, to provide assistance to low and moderate - income people. This hearing is to consider both the Five Year Strategic Plan and the Annual Action Plan. One of most important components in developing these plans is citizen input. There was an appointed citizens committee made up of volunteers. Mr. Cobabe responded to a question from Council Member Sims regarding the swimming pools and advised there is no money for swimming pools. Freya Burgstaller spoke as a representative of the citizens committee. She said they followed the guidelines and everybody who worked on the committee was sincere in putting their efforts into understanding the process and bringing it to a point where the most needs are met. She commented that that some points that were discussed during the meetings are not as high in the packet as when discussed. One is the preservation of neighborhoods, including historic homes, and another is helping youth and youth activities. She said she was sure that when Council receives their applications for the grant they will be very generous in supplying the money to those groups. She said ONDS extended efforts to get the people involved and to attend the public hearings, but the meetings were not well attended. She could offer no solution to that problem. • Mayor George opened the public hearing Betty Gaudette responded to the comments about the lack of attendance noting that citizens that had attended previous year's meetings were told they were an intimidating group of activists and, as a result, didn't feel welcome. She read a portion of the plan (page 4) about irrigation and said it was incorrect and requested that it be corrected. She also commented on the expansion of the target area saying it was impractical since the needs of the current target area could not be met. Luz Gutierrez, 1424 South 31 Avenue, expressed concern about the process. She felt last year's committee was better and that this year's system was discriminatory and controlled by staff. There was then discussion on her 6 419 NOVEMBER 16, 2004 requests for meeting minutes and attendance records. She also went into detail on monies for regional government services, the Southeast Community Center, and requests from the Hispanic Chamber. She made comments about excessive administrative costs and how she doesn't agree with how the money is being spent with references to discrimination. Council Member Sims asked for clarification on items being cut to balance the budget. He also clarified the administrative costs that fund the grantswriter. Mr. Cobabe said that ever since that position has been funded primarily through the use of CBDG dollars, we receive about 100% return on that investment. Further discussion ensued on the grantswriter's role. Bill Lover, 2507 West Yakima Avenue, was also a member of this committee. He said there is an official HUD category of folks that we tend to leave out and that is the very low income people. Lynne Kittelson, 305 North 9 th Street, thinks the document is woefully inadequate. She felt it was a highly controlled process that limited citizen input. At every meeting she attended historic preservation was a high priority yet there is only one line in the five year plan on historic preservation. She felt the whole process was convoluted and claimed to be one of those intimidating people that attended the meetings in the prior year. She said it was indicated to them at a council subcommittee meeting that they needn't apply for a position on the committee because they wouldn't get chosen. Hector Franco, 815 North 28 Avenue, said the five year plan has no vision and is the same as in the past. He thinks the plan only pays "lip service" to micro - enterprises. He also complained about the administrative costs. Maud Scott, SE Yakima, also commented on the "intimidating group of activists" and how they did not attend or apply to the committee per Council's initiation. She expressed concerns with the process, the survey, the new target area map, and the budget. She then addressed the budget set aside last year for the irrigation rebuild and said this fund should be doubled and used to lay pipe in the general system beyond the rebuilding schedule to reduce the project completion time. She requested a roll call vote and to set aside time to discuss the process. Mark Mathews, 202 South Naches Avenue, spoke about his buying into Yakima by purchasing and cleaning up a number of houses. He showed before and after pictures of the houses he rebuilt. He requested the City Council help him expand his business through the use of CBDG funds. • Mayor George closed the public hearing Council Member Bonlender said that no matter what process is used there would be criticism from people. He questioned the Southeast Community Center support for following years. Mr. Zais advised that it is a three -year contract with performance standards that must be met each year. 7 420 NOVEMBER 16, 2004 Council Member Place addressed the expanded target area issue saying that after considerable discussion they decided they were concentrating on only one area and if people qualified outside that area, we couldn't help them. The Council felt we should help people in poverty, not just in one area. Council Member Bonlender said it would be Tess discriminatory. Council Member Sims said at first he was opposed to changing the target area but after speaking with realtors about opportunities for first -time buyers and for restoration, he changed his mind and will be voting for the expansion of this area. SIMS MOVED AND EDLER SECONDED TO ADOPT THE STAFF RECOMMENDATION TO APPROVE THE CONSOLIDATED PLAN AND THE ANNUAL ACTION PLAN. The motion carried by unanimous voice vote. 8. Public Hearing on the 2005 Preliminary Budget Outside Agency Requests (Budget Page 1 -1; Policy Issue Page PI -85) Intergovernmental Services (Budget Page 1 -1) • Mayor George opened the public hearing Mayor George explained that this hearing is on the entire budget including the outside agency requests. Yakima County Development Association - Dave McFadden submitted a plaque in appreciation of past support and talked about various projects. Black Rock Project Study - Where the money comes from was discussed, e.g. 60% out of potable water and 40% from irrigation. Chuck Klarich and Charlie DeChappelle gave a project status. Bill Lover commented that everyone he knows is behind the Black Rock project but one level of government shouldn't be paying a citizen's group to lobby another level of' government, therefore, he suggested denial of this budget request. Allied Arts Van - Elizabeth Miller, Director, said this is the first year of being totally unfunded. She gave background information on the program and how they have tripled the number of kids they are serving. The small amount of money they receive has been used to get other funding. She said they need seed money to get more financing or they won't be able to continue the program. Council Member Place said they haven't talked about the possibility of reconsidering this program when kids activities in the parks program are discussed. She suggested it be kept on the table until that time. Salvation Army program at Milroy Park will not be done this year. RSVP program - Debra Wilson distributed a handout and spoke about the program and their request for $3,000 emphasizing the community gets a good return for the money. 8 4.21 NOVEMBER 16, 2004 Clarence Barnett, representing Central Washington Homebuilders Association, spoke about the policy issue regarding the two alternatives to either establish a stormwater utility or establish a minimal stormwater program for the year 2005. The Homebuilders support the minimal stormwater program and he supplied their reasons. His conclusion was a minimal activity stormwater program for the year 2005 will allow everyone to struggle through the 900+ pages of the model Municipal Stormwater Manual and the Stormwater Management Manual for Eastern Washington and perhaps by then the UIC rules will be finalized. Bill Lover questioned the Code Administration policy issue increasing revenue by $99,000 through increased fees. He was advised that the increased revenue was to cover a portion of an inspector as well as replace other previously reduced revenues. It will also align the City's fees with the County's. Abel Castillano, 1614 Browne Avenue, spoke against the policy issue to eliminate the battalion chief positions. Mr. Castillano described the duties of the battalion chiefs and why it is necessary, for safety, to maintain these positions. Following a break to change the video tape, the meeting reconvened at 6:20 p.m. Ron Johnson, representing Fire Union Local 469, also spoke against the policy issue to eliminate the battalion chief positions. He emphasized it as a safety issue and submitted a paper with statistics and outlined their concerns. City Manager Zais explained it is a fiscal issue but they are willing to hold off on presenting it to Council for a decision during the budget wrap up; but it is not something that can be ignored. • Mayor George closed the public hearing CITY MANAGER'S REPORTS *9. Consideration of Resolutions authorizing execution of professional services agreement with MBG Surveying for: JA. Nob Hill Blvd. widening and reconstruction project, 68 to 80 Avenues • RESOLUTION NO. R- 2004 -174, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with MBG Surveying to collect topographic data in preparation for the design and reconstruction of a section of Nob Hill Boulevard from 68 Avenue to 80 Avenue. B. Sidewalk construction project on the north side of Lincoln Avenue between 18 -29 Avenues RESOLUTION NO. R- 2004 -175, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with MBG Surveying to collect topographic data in preparation for the design and construction of a sidewalk on the north side of Lincoln Avenue between 18 Avenue and 29 Avenue. 9 422 NOVEMBER 16, 2004 *10. Consideration of Resolution authorizing execution of contract with Andreotti and Associates for professional engineering services related to the River Road widening for bridge and culvert design RESOLUTION NO. R- 2004 -176, A RESOLUTION authorizing and directing the City Manager to execute an agreement between the City of Yakima and Andreotti & • Associates, Inc., for engineering services related to the River Road Widening and Improvement Project. *11. Consideration of Resolution authorizing execution of agreement with PLSA Engineering and Surveying for professional services relating to the Englewood Terrace Sewer LID project RESOLUTION NO. R- 2004 -177, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with PLSA Engineering & Surveying to collect topographic data for the design and construction of a sanitary sewer main to connect with the existing sewer system in the vicinity of South 69 Avenue, Yakima, Washington. *12. Consideration of Resolution authorizing execution of Letter of Understanding with Yakima County and the Yakima Air Terminal regarding relocation of a portion of West Washington Avenue RESOLUTION NO. R- 2004 -178, A RESOLUTION authorizing and directing the City Manager to execute a Letter of Understanding between the City of Yakima, Yakima County, and the Yakima Air Terminal regarding the relocation of a portion of West Washington Avenue. 13. Consideration of Resolution authorizing execution of amendment to contract with Shockey Brent for environmental review services relating to the Wal -Mart land use application Council Member Edler questioned why continue to pursue the WaI -Mart EIS after the recent Growth Management Hearings Board decision. City Manager Zais explained that the Wal -Mart EIS covers three sites, the 72 site and two sites on 64 They have also submitted a separate rezone application for the 64 Avenue site. This is an all - inclusive process, although, as stated to the Growth Management Board, we believe the 72" Avenue site ought to be withdrawn. That could be a major step forward in allowing the other process to go forward unencumbered. Reid Shockey was retained for the peer level review after Wal- Mart's professional staff had completed its preliminary EIS. We found it to be inadequate and incomplete in a number of areas and Shockey was brought on board to assist us. With his expertise, it was completed. The city is being reimbursed for these costs. We still, legally, have to process the full EIS and Mr. Shockey needs to be retained to assist us in completing that final document as it goes through its stages. Ray Paolella , City Attorney, added that the decision referred to is actually an order from the Eastern Washington Growth Management Hearings Board that applies to the Comprehensive Plan Amendment and not the rezone. 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. 10 423 NOVEMBER 16, 2004 RESOLUTION NO. R- 2004 -179, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an amendment to City Contract No. 2003 -28 with Shockey Brent, Inc., to provide for additional environmental review services related to the draft Environmental Impact Statement that was issued by the City regarding the possible siting and construction of a retail facility by the WaI -Mart Company in the Nob HiII /Meadowbrook/Tieton area of the City of Yakima. *14. Consideration of Resolution declaring used police vehicles as surplus and authorizing their sale /transfer to the Washington State Surplus RESOLUTION NO. R- 2004 -180, A RESOLUTION declaring four used police cars to be surplus and authorizing their sale to the Washington State Surplus. 15. Consideration of adoption of Standard Motions A & B to initiate the annexation of property located within the Englewood Annexation area Bruce Benson, Planning Supervisor, handed out an amended map indicating the increased size of the proposed annexation. Two parcels had been added by request. They add about 128 acres to the annexation and $1,222,000. McCLURE MOVED AND PLACE SECONDED TO ADOPT MOTIONS A AND B AND USE THE MAP DATED NOVEMBER 16, 2004. Council Member Sims pointed out that the revenue and expenditure analysis will have to be redone. City Manager Zais said there are service impacts from this annexation, mainly street maintenance. Also discussed was how this opens up further development opportunities for the area. The people will receive city services and have the opportunity to see improvements in their property value. The question was called for a vote on the motion. The motion carried by unanimous voice vote. MOTION A: Set November 1.6, 2004 as the time of a meeting with the initiating parties, being Buster S. and Kathy Winters, et al, who have signed a Notice of Intent to Commence Annexation Proceedings. MOTION B: Accept the annexation proposed by Buster S. and Kathy Winters, et al, the area to be annexed was required to assume its share of the City's existing indebtedness, and it was directed that a Notice of Intent to Annex be filed with the • Yakima County Boundary Review Board. *16. Approval of Final Contract Payments for: A. 16 Avenue & Englewood /Cherry Avenue Intersection Signalization Project No. 1964 performed by Knobels Electric B. Irrigation System Improvement Projects Nos. 2008 & 2009 performed by Trenchless Construction The report from the City Engineer, dated November 5, 2004, with respect to the • completion of the work on the 16 Avenue & Englewood / Cherry Avenue signals Improvement Project No. 1964, performed by Knobel's Electric, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 11 • 4` 2=4 NOVEMBER 16, 2004 ORDINANCES 17. Consideration of Legislation relating to the Wastewater Connection Charge: A. Resolution adopting the 2004 Wastewater Connection Charge Study Update The City Clerk read the resolution by title only, PLACE MOVED AND EDLER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2004 -181, A RESOLUTION adopting the 2004 Wastewater Connection Charge Study as revised, for the City of Yakima, Washington. B. Ordinance amending the Wastewater Connection Rates and Charges The City Clerk read the ordinance by title only, EDLER MOVED AND McCLURE SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2004 -69, AN ORDINANCE of the City of Yakima relating to wastewater rates, fees, and charges; adjusting various wastewater rates, fees and charges; amending Sections 7.58.020, 7.58.030, 7.58.040, 7.58.050, 7.58.060, 7.58.070, 7.58.080, 7.58.085, and 7.58.090, and adding a new Section 7.58.095, of the Yakima Municipal Code; and providing for related matters. *18. Consideration of Ordinance amending Yakima Municipal Code 9.50 regarding 'assignment of citation numbers in the Municipal Code pertaining to parking restrictions ORDINANCE NO. 2004 -70, AN ORDINANCE relating to traffic; amending Chapter 9.50 of the City of Yakima Municipal Code and specifically the citations previously assigned to the motorized foot scooter ordinance in order to correct an inadvertent conflict with other parking ordinances previously assigned to the same citations in the City of Yakima Municipal Code; permitting the motorized foot scooter ordinance to be entered into the Municipal Court computer system. *19. Consideration of Ordinance accepting the Hearing Examiner's recommendation to approve the rezone of property located at 711 West Walnut Avenue, requested by Next Step Housing ORDINANCE NO. 2004 -71, AN ORDINANCE concerning land use and zoning; rezoning the property located at 711 West Walnut Avenue, Yakima, Washington (Yakima County Assessor's Parcel No. 181324 - 42502) from Multi - Family Residential (R -3) to Professional Business (B -1); and amending the Official Yakima Urban Area Zoning Map to reflect said rezone. *20. Consideration of Ordinance accepting the Hearing Examiner's recommendation to approve the right -of -way vacation of portions of North 31 North 32 and Hathaway Avenues, as requested by the City Office of Neighborhood Development Services 12 425 NOVEMBER 16, 2004 ORDINANCE NO. 2004 -72, AN ORDINANCE relating to right -of -way vacation; vacating City of Yakima right -of -way along certain undeveloped portions of North 31 Avenue, North 32 Avenue and Hathaway Avenue within the City of Yakima, Washington. 21. Other Business City Manager Zais added a resolution setting a date of public hearing on the 1 j repeal of Ordinance 2001 -56, amendment to the Yakima Urban Area '' Comprehensive Plan Land Use Map for the Congdon property, as a result of the Growth Management Board's order received November 16 There must be a minimum of 20 -days notice for this to occur. In order to meet that timeframe, the public hearing date would be set for and action would be taken on December 14 The City Clerk read the resolution by title only, PLACE MOVED AND EDLER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION R- 2004 -182, A RESOLUTION setting the date of December 14, 2004, at 2 p.m. as the date of the public hearing on the repeal of Ordinance No. 2001 -56 (amending the Yakima Urban Area Comprehensive Plan Future Land Use Map). 22. Executive Session regarding pending litigation McCLURE MOVED AND BONLENDER SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR 15 MINUTES AND THEN TO NOVEMBER 23, 2004 AT 8 :30 A.M. FOR A BUDGET REVIEW STUDY SESSION, THEN TO NOVEMBER 30, 2004 AT 8 :00 A.M. FOR AN EXECUTIVE SESSION, THEN TO NOVEMBER 30 AT 8 :30 A.M. FOR A BUDGET REVIEW STUDY SESSION, AND THEN TO DECEMBER 7, 2004 8 :30 A.M. FOR THE BUDGET WRAP UP MEETING. The motion carried by unanimous voice vote. 23. Adjournment Following the Executive Session, the meet', i adjourned at 7:00 p.m. READ AND CERTIFIED ACCURATE BY A. / �� ,� "_2 60_____ f 0 IL MEMBER DATE // C/L, 6G--- . Zz , -v: COUNCIL MEMBER DATE ATTEST: 1/ 0-(-ii--C 4' i i 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 13