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HomeMy WebLinkAbout02/07/2006 Business Meeting 4, 3. BUSINESS MEETING OF THE YAKIMA CITY COUNCIL FEBRUARY 7, 2006 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and Acting City Clerk Moore Absent: Council Members Norm Johnson and Bill Lover (excused) 2. Invocation /Pledge of Allegiance Council Member Bonlender gave the Invocation, followed by the Pledge Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations - None B. Special Presentations - None C. Status report on prior meeting's citizen service request • Michael Murphy's request on the status of the Doty project Ken Harper, legal counsel for the City, gave a chronology of the problems experienced on the Jude Doty project at 45 and Summitview Avenues. • Several lawsuits after the project started in the fall of 2002. - One between the developer and the financer,(two private parties on a private development.) - City became concerned because municipal codes were not being followed and intervened in a private law suit for enforcing codes. Obtained an injunction from Superior Court for it to be fenced and to stop tracking mud onto the street. The City's interest after that injunction came to an end. - Over summer and fall 2004 the public infrastructure was completed. The City had bond funds held from the developers to make sure the public infrastructure was built. The City caused a lawsuit in Superior Court to find out who had rights to the return of this money. We had received a notice from L &I to give funds to them. • The City is not currently a part of litigation for the site as it is not apparent the City's rights are being infringed upon nor is it apparent the City could improve its position by starting new litigation. • It remains an unattractive site but the City's code enforcement powers are very limited. They are specified by municipal ordinances and the property is continually monitored for code violations. 4 a a. FEBRUARY 7, 2006 • Three buildings look structurally dilapidated. The City has hired a structural engineer to determine if they are imminently dangerous. If so, the City can take action to demolish. The real problem is, from the code enforcement point of view, the City would like to be able to do more than punish code violations. It would be nice if there were a tool in the municipal ordinances to actually foster this project, make it more attractive, but it doesn't appear the City has a legal vehicle to do that. Mr. Harper said he reviewed the title records for four of the lots and at the present time found $249,000 in L &I liens, $111,000 in federal tax liens, and another $85,000 in liens by various private parties. The City has liens of its own, as well. There is over $400,000 in encumbrances on these parcels. Doug Maples, Code Administration and Planning Manager, explained there are a total of nineteen lots total in the subdivision. Of that, thirteen have buildings on them, nine of which are occupied. Four buildings are vacant with structural problems. There are also six vacant lots on the site. A structural engineer is evaluating the vacant buildings. Under the Abatement of Dangerous Building code, if they are declared immediately dangerous the City is allowed to demolish them. Bill Cook, Community and Economic Development Director, reiterated where the City stands at this point. The engineering studies that are going on will determine if the buildings are imminently dangerous, the basis for which we would proceed and either require the owners to demolish or demolish them at our own expense. We hope to know within 3 -4 days. It would then be a question of having a judge allow us to act on it. Because of the federal tax and L &I liens, it is unlikely the City would recover any of its expenses. Mayor Edler emphasized that this is a status report and that, although we would like to have more power than we have to clean up situations like this one, he hopes Yakima citizens understand that we are limited in what we can accomplish on their behalf. Mike Murphy, 4411 Snowmountain Road, gave his opinion of how the City should be handling this situation. He then talked about how he has been considering suing the City over their lack of responsiveness. Jim Evans, 4405 Summitview, said, in his opinion, this project should never have happened in the first place and he blames the City Council and Mr. Zais. He then expounded on his frustration with the length of time it is taking to resolve the issue. Mike Murphy spoke again and complained that we have too many rental houses in Yakima. D. Appointments to Council Boards and Commissions: - None 2 4 3 9.. FEBRUARY 7, 2006 4. Consent agenda Mayor Edler 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. 8, 10, 11, and 13 were added to the Consent Agenda. Item No.16D was added to the agenda as a consent item. The Acting City Clerk read the Consent Agenda items, including resolutions and ordinances by title. BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Johnson and Lover 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 October 1, and December 6, and 8, 2005, and January 11, 2006 Adjourned meetings, and the November 15, December 6 and 13, 2005 Business meetings The minutes of the October 1, and December 6, and 8, 2005, and January 11, 2006 Adjourned meetings, and the November 15, December 6 and 13, 2005 • Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. Audience Participation Ralph Call, Barge- Chestnut Neighborhood Association and Land Use Committee Chairman, referenced a package submitted previously regarding their opinions on land use issues. The association is requesting the City Council to direct City staff to develop comprehensive plan regulations to support viable neighborhoods over other uses. It is their opinion that existing neighborhoods should not be subject to degradation by large interests. They feel they must, by regulation, be made to scale their projects to the surrounding neighborhoods or locate in a more appropriate area. So far no protections for residential areas have been written into the Comprehensive Plan update. Bill Cook, Community and Economic Development Director, noted that Mr. Call's letter had been addressed to him and is now part of the record. They are currently in the information gathering stage. They are working to see if there is a common way to provide predictability to neighborhoods and support to institutions. Although it is a very difficult problem to solve it is not unique to Yakima. The final outcome will be public hearings on this subject, hopefully, in the fall. The final Comprehensive Plan document has to be completed by December. He also clarified that the Comprehensive Plan itself is intended to be policies, goals, and guidelines. It is in the zoning ordinance rules and the development standards that you are inclined to find the "shall" language Mr. Call referenced. 3 440\ FEBRUARY 7, 2006 CITY MANAGER'S REPORTS 6. Consideration of Report from Engineering regarding River Road Widening Project Kay Adams, City Engineer, commented that at the January 17 Council meeting, we were presented with a petition in support of the River Road project and citizens expressed concern that it be built on time and within a certain time period. We overwhelmingly heard that the intersection was their highest priority. As a result of that request, we came up with a way to "split phase" the project. In order to build the intersection first, for a block in all four directions, we will completely build the curbs /gutter /sidewalk and will have to extend the sewer main, the irrigation rebuilds, etc. All that will have to happen in just the intersection alone. Then we will build the intersection, put the lights in, and at that point it will be fully functional. We will still be negotiating rights -of -way all through that process and, in the spring of 2007, we will come back and complete the rest of the project. He recommended it be done this way; however, the cost impact is substantial. Although that won't be known until the bids are opened, it is expected to be a 5 %- 20% increase. City Manager Zais spoke about potential funding sources. No action is required at this time but it is important to get a general concurrence of the revised timeline. After discussion, Council concurred. Discussion continued on the funding risks and the cost increase for the revision. 7. Consideration of Report from Public Works regarding Yakima School District's improvements to Gardner Park Chris Waarvick, Public Works Director, informed Council of the school district's desire to invest $100,000 in Gardner Park. Council Member Cawley clarified that the City will still own the park. Tammy Andringa, Recreation Supervisor, explained the softball schedules of the schools and our programs and how we can work together. BONLENDER MOVED AND McCLURE SECONDED TO ACCEPT THE OFFER FROM THE YAKIMA SCHOOL DISTRICT. The motion passed by unanimous voice vote; Johnson and Lover absent. *8. Consideration of Resolution authorizing execution of professional services agreement with Huibregtse Louman and Associates related to the Nob Hill Blvd., 52 Avenue — 80 Avenue reconstruction project (property survey and environmental checklist) RESOLUTION NO. R- 2006 -09, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with Huibregtse, Louman Associates, Inc. (HLA) to collect topographic data in preparation for the design and reconstruction of a section of Nob Hill Boulevard from 52 Avenue to 80 Avenue and to prepare the SEPA Environmental Checklist to obtain permits. 4 4 4.,1 , FEBRUARY 7, 2006 9. Consideration of Resolution authorizing submission of a Section 108 Loan application for the Sports Center Restaurant Michael Morales, Deputy Director of Community and Economic Development, presented a proposed application for the fifth and final loan from the City's economic development loan fund pool funded by Section 108 dollars. It is a $75,000 loan to be used for the operating /capital reserve for the Sport Center Restaurant. With Council authorization, we would submit formal application to HUD in Seattle for their underwriting and then bring back closing documents. There was general discussion about the plans for the restaurant. The City Clerk read the resolution by title only; McCLURE MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Lover and Johnson absent. City Manager Zais announced that yesterday the President released his 2007 budget. It contemplates a $1.2 billion reduction in the Community Development Block Grant Funds. Those programs that are targeted for outright elimination include the Section 108 Loan Guarantee Program. Another fund targeted for elimination is the Brownfield Redevelopment Program, a nationwide effort to rehabilitate and reinvigorate properties that have been contaminated and damaged by environmental pollution. It is important to carry the message back to Washington D.C. of how these programs make a difference in our communities. RESOLUTION NO. R- 2006 -10, A RESOLUTION authorizing the City Manager to submit an application for funding from the Section 108 Loan Guarantee Program of the United States Department of Housing and Urban Development (HUD) in the amount of $75,000 for Sports Center Restaurant. *10. Consideration of Resolution authorizing execution of an agreement with Yakima County and People for People for Upper County transportation services during 2006 RESOLUTION NO. R- 2006 -11, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute agreement documents with Yakima County Office of Aging and Long Term Care (ALTC) and People for People, Inc. for transportation services for the elderly and handicapped city residents for 2006. *11. Consideration of Resolutions authorizing execution of intergovernmental cooperative purchasing agreement with: A. U.S. Communities for lighting and related equipment for the Yakima Downtown Futures project RESOLUTION NO. R- 2006 -12, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Master Intergovernmental Cooperative Purchasing Agreement with U.S. Communities and to take such actions as are necessary to register the City of Yakima as a participating public agency with U.S. Communities. 5 442` FEBRUARY 7, 2006 B. Southwest Suburban Sewer District in Burien to purchase a Vactor Truck RESOLUTION NO. R- 2006 -13, A RESOLUTION authorizing the City Manager to execute an Intergovernmental Cooperative Purchasing Agreement with Southwest Suburban Sewer District (SSSD) in Burien, WA. 12. Consideration of Resolution authorizing sole source purchase from Toter Incorporated for rotationally molded refuse carts This item was removed from the agenda. *13. Consideration of Resolution declaring certain City vehicles and miscellaneous property as surplus and authorizing its disposal RESOLUTION NO. R- 2006 -14, A RESOLUTION declaring the attached list of vehicles and property surplus and authorizing the sale of said surplus vehicles and property owned by the City. 14. Consideration of Resolution authorizing execution of interlocal agreement to provide jail services to the City of Tieton Police Lieutenant Gary Belles, spoke about how this interlocal agreement with the City of Tieton benefits both Tieton and Yakima. We can house prisoners at a more competitive rate than the County can at their jail and, in turn, make a profit ourselves. The terms of the agreement are that we will house the prisoners as long as we have the space available. It was clarified that the prisoners to be housed are misdemeanor offenders only. The Acting City Clerk read the resolution by title only; McCLURE MOVED AND WHITMAN SECONDED, TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Johnson and Lover absent. RESOLUTION NO. R- 2006 -15, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Tieton to allow the City of Yakima to house prisoners of the City of Tieton at the Yakima City Jail. *15. Consideration of Resolutions ratifying grant applications for the Police Department with: A. The Department of Justice for Gang Reduction Education and Training and authorizing execution of corresponding interlocal agreement with the Yakima School District RESOLUTION NO. R- 2006 -16, A RESOLUTION ratifying application for a grant in the total amount of $250,000.00 from the United States Department of Justice, Bureau of Justice Assistance, for funding the implementation and delivery of Gang Resistance Education & Training (G.R.E.A.T.) curriculum, and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all necessary documents and contracts as may be necessary and prudent to complete transactions associated with the grant. 6 4 4 :.3. FEBRUARY 7, 2006 B. Department of Justice and authorizing execution of corresponding interlocal agreement with Yakima County RESOLUTION NO. R- 2006 -17, A RESOLUTION ratifying an application for a grant in the total amount of $48,028 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial- Justice Assistance Grant Program, and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all document sand contracts necessary to complete said grant transaction. *16. Consideration of final contract payments (Adopt Standard Motion V - - accept project and approve final payment) for: A. Washington Avenue Widening and Reconstruction Phase 1 Projects Nos. 1901, 1915, 2081, and 2082 performed by Superior Paving Company The report from the City Engineer, dated January 26, 2006, with respect to the completion of the work on the Washington Avenue Improvement Project No. 1901, 1915, 2081 & 2082, performed by Superior Paving Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. Cub Crafters Sanitary Sewer Project No. 2113 performed by Muffett & Sons, Inc. - The report from the City Engineer, dated January 23, 2006, with respect to the completion of the work on the Cub Crafters Sanitary Sewer Project No. 2113, performed by Muffett & Sons, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. Underground Drainage Retention Basin Project No. 2110 for flood control on South 22" Avenue, performed by Muffett & Sons, Inc. • The report from the City Engineer, dated January 17, 2006, with respect to the completion of the work on the Underground Drainage Retention Basin (on South 22 Avenue) Project No. 2110, performed by Muffett & Sons, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. D. Transit Center Addition Project No. 2104, performed by Mountain States Construction The report from the consultant, Wardell Architects, dated November 22, 2005, with respect to the completion of the work on the Transit Center Addition Project No. 2104, performed by Mountain States Construction, was approved, the work • accepted and payment of the final estimates as therein set forth was authorized. 7 4 4.4= FEBRUARY 7, 2006 17. Other business: • Report from Council Meeting Review Committee regarding pending assignments and potential amendments to Rules of Procedure This item was deferred. • WaI -Mart Appeal of Hearing Examiner's Decision City Manager Zais announced that the City received a notice of appeal from Wal- Mart Corp on the Hearing Examiner's decision with respect to Environmental Review and the Class 2 Review done at the 64 Avenue site. We will be reviewing that appeal, which will trigger a timetable for preparation and review by the Council. He also advised Council that they are now in a quasi - judicial status. Because the appeal deadline isn't until 5:00 p.m. tomorrow, there is the possibility of other appeals being made. Ray Paolella, City Attorney, advised Council members of their responsibilities while in a quasi - judicial status. They have the right to receive legal advice from their attorneys on the process but the receiving of evidence and testimony is to only be in the public hearing context. Under state law, the Appearance of Fairness Doctrine, all the information Council receives on the appeal should come at the hearing, there should not be ex parte contact with any party outside of the hearing process. It would be best for any citizen to come to the hearing and not to speak to the council members at any other time about the subject. • Families Northwest Organization City Manager Zais related a special opportunity coming to the City through a coalition of broad based interest groups from this community, and throughout the state, dealing with families at risk of domestic violence. Many coalitions, faith based, private, and others, are coming together to utilize a new federal package. $750 million a year was approved in the last Congressional budget cycle provided that it went to community -based organizations. The Families Northwest Organization, a partnership with other coalition members, is seeking to bring in a governmental agency to be the conduit for this project. As this has a county -wide focus, it blends well with Council's regionalization initiative. The City has not been as actively involved in this type of venture in the past, but it fits within Council's priorities and initiatives. The intent of the program is to get in front of the problem instead of dealing with the after effects of it. The Council would have to agree with being the fiscal agent. The City would step forward with contracts to allow federal dollars to flow through the city. Mayor Edler advised that information on this would be sent out in a future Council packet. 8 FEBRUARY 7, 2006 445 18. Executive Session re: collective bargaining, pending litigation and property acquisition (allow approximately 50 minutes) McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR COLLECTIVE BARGAINING, PENDING LITIGATION, AND PROPERTY ACQUISITION FOR APPROXIMATELY 50 MINUTES FOLLOWED BY ADJOURNMENT TO TUESDAY, FEBRUARY 14, AT 7:30 A.M. TO DISCUSS COUNCIL STRATEGIC ISSUES AND PRIORITIES AND TO REVIEW THE MISSION AND VISION STATEMENT. The motion carried by unanimous voice vote; Johnson and Lover absent. 19. Adjournment Following the Executive Session, the meeting adjourned at 5:13 p.m. READ AND CERTIFIED ACCURATE BY _ �� __. 1_._' , COUNCIL ���'' R DATE , =-elf) V BER DATE ATTEST: �� _ ' rte/ CITY CLERK - D NID EDLER, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 1 9