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HomeMy WebLinkAbout03/07/2006 Business Meeting BUSINESS MEETING OF THE YAKIMA CITY COUNCIL MARCH 7, 2006 - 2:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts 2. Invocation /Pledge of Allegiance Council Member McClure gave an invocation followed by the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations • Chamber of Commerce Community Pride month Norm Johnson read a proclamation declaring the month of April 2006 as Chamber of Commerce Community Pride month. Mike Morrisette, President and CEO of the Chamber, accepted the proclamation. • World Kidney Day Councilman McClure read a proclamation declaring March 9 th as World Kidney Day. Cindy McRoberts was present to accept the proclamation. • Reflex Sympathetic Dystrophy Awareness Month Councilman Bonlender read a proclamation declaring March 2006 as Reflex Sympathetic Dystrophy Awareness Month. Carol Raines, a victim of RSD, accepted the proclamation and gave statistics and specifics of the disease. B. Special Presentations: • For a Better Tomorrow -- Yakima Live! . Barbara Greco described an upcoming event, Yakima Live. It will be held on Saturday, May 20 from 10 a.m. to midnight in downtown Yakima with a multitude of activities. • Introduction of Garfield Elementary Student Council Representatives The students introduced themselves and thanked the Mayor for coming to their student council meeting. Mayor Edler said part of what he wanted communicated was the school bond that is coming up. He said there are procedures to follow in order to endorse a school bond and he would like to begin those in order to go on record to support this school bond. BONLENDER MOVED AND McCLURE SECONDED TO SETA DATE FOR PUBLIC HEARING WITH REGARD TO THE UPCOMING SCHOOL BOND. The motion carried by 6 -1 voice vote; Lover voting nay. 4 6'67. MARCH 7, 2006 Report from Office of Neighborhood Development Services regarding Paint - out Graffiti program Archie Matthews, Neighborhood Development Supervisor, explained how the program worked and gave statistics for last year and so far this year. He said . they average 10 complaints of graffiti per day. More help is needed as well as more public support. Because the city has this program, the citizens have backed off from taking care of graffiti on their property. We try to encourage citizens to paint out graffiti as quickly as possible. When they don't, we have to do it with one full time employee and eight volunteers. We cannot keep up. Council Member Bonlender echoed the call for more citizen involvement. Any citizen able to paint out graffiti on their property should do so. you can't physically do it, we will be glad to help, but we need to take individual responsibility ourselves. Council Member Cawley suggested writing legislation to create a program for taxpayers to pay into so that other crews that are out there can do some painting. He doesn't like the current method of punishing those who don't take care of it. C. Status report on prior meeting's citizen service request None D. Appointments to Council Boards and Commissions CAWLEY MOVED AND BONLENDER SECONDED TO APPOINT NESTOR HERNANDEZ TO THE COMMUNITY REVIEW BOARD. The motion carried by unanimous roll call vote. 2. 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. Item No. 13 was added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND BONLENDER 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 January 7, 2006 Adjourned meeting The minutes of the January 7, 2006 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. Audience Participation Mike Hunnel, 913 South 4 Avenue, asked about the $175,000 grant for handicap accessible bus routes; when will the Citizen Patrol start giving tickets to those abusing disabled parking places? Mayor Edler said we would look into those items and hope to respond at the next council meeting. 2 4,67': MARCH 7, 2006 PUBLIC HEARING 6. Public Hearing regarding annexation of State Fair Park (see ordinance annexing' property) City Manager Zais pointed out that this is the culmination of 20 years of effort invested by the City with regard to annexation of the fairgrounds. Bruce Benson, Planning Supervisor, explained we do have a sufficient petition requesting annexation of State Fair Park into the city limits. There are four parcels involved with an approximate assessed value of $22 million. A good share of that is tax exempt. This completes the annexation of the County island. • Mayor Edler opened the public hearing. Greg Stewart, President and General Manager of State Fair Park, was appreciative of the efforts of both the City and the County. • Mayor Edler closed the public hearing. The City Clerk read the ordinance by title only; WHITMAN MOVED AND McCLURE SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2006 -06, AN ORDINANCE concerning annexation; annexing the State Fair Park Annexation area to the City of Yakima; maintaining the current zoning of the area; providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of the City's current indebtedness by properties in the State Fair Park Annexation area; and an effective date of April 9, 2006. CITY MANAGER'S REPORTS 7. Report from Committee for Downtown Yakima regarding 2006 Downtown Renewal Work Plan: A. Consideration of Resolution authorizing the negotiation and execution of an amendment to the management and promotion agreement with the Committee for Downtown Yakima City Manager Zais noted that City staff has been working with the Committee for Downtown Yakima for months. The committee is the umbrella for bringing it all together. Steve Gibson, 7 North 3 Street, Committee for Downtown Yakima, gave a Power Point presentation covering the structure of the organization, the work plan for 2006, and a funding discussion. They are currently about 60% through the capital funding campaign. He explained that they created two separate organizations working together as one. The Committee for Downtown Yakima, is the lead in implementation and organization. They need a City Council representative, and the city manager (or his designee). The second organization is the Downtown Yakima Foundation (DYF), the funding board. Mr. Gibson referred to Operation Downtown Renaissance, changing the perception of safety and creating a place to do business and to hold 3 4 MARCH 7, 2006 gatherings. He spoke about improving the residential area immediately surrounding downtown as well. Jamie Stickel talked about the budget. They are to raise $300,000 to be matched by the city. They currently have a commitment for $187,000 and are continuing. RESOLUTION NO. R- 2006 -27, A RESOLUTION authorizing and directing the City Manager to negotiate and execute an amendment to an agreement between the City of Yakima and the Committee for Downtown Yakima regarding the redevelopment of downtown Yakima. Questions were asked about the specifics of the funding request. It was clarified that the amendment is how they would receive the money already dedicated to them. Mr. Stickel said as they raise the balance of the funds, they would come back to Council and ask for release of those funds up to the commitment of $300,000. Mr. Gibson said the work will not stop in two years, but this funding gets them started. Mr. Zais explained that this resolution allows for some needed adjustments in the disbursement mechanics of the contract. To expedite the process, the resolution authorizes negotiating an amendment to the underlying agreement. The City Clerk read the resolution by title only; McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. B. Consideration of Ordinance amending the 2006 budget and appropriating funds for the Committee for Downtown Yakima consultant services (Read ordinance only at this meeting; second reading scheduled 3- 21 -06) An Ordinance amending the 2006 budget and appropriating funds for expenditures during 2006 to provide for costs related to the Downtown Redevelopment initiative, was read by title only, and laid on the table until March 21, 2006 for a second reading. 8. Status Report on Downtown Futures Project and Resolution authorizing execution of amendment to the professional services contract with George Pechtel to correct the contract termination date Chris Waarvick, Director of Public Works, advised that bids are being opened tomorrow for the Yakima Avenue sidewalk section. The project begins in front of the new Hilton Gardens Hotel. We're expecting to hear the status of the state budget by the 9th and are hopeful that the $2.5 million we requested will remain. City Manager Zais spoke about the delegation from Westside Merchants and the Front Street Association that went to Olympia and made their case in front of the entire legislature showcasing what we are doing for downtown Yakima. The City Clerk read the' resolution by title only; BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. City Manager Zais explained this is just a technical correction because the contract was intended all along to be a two -year agreement. There are no other changes. 4 469» MARCH 7, 2006 RESOLUTION NO. R- 2006 -28, A RESOLUTION authorizing and directing the City Manager to amend that certain Project Management Services Agreement by and between the City of Yakima and G.H. Pechtel & Associates, Inc. a Washington corporation, to provide for a termination date of not later than May 31, 2007 9. Consideration of Resolution supporting Strengthening Families Yakima Valley initiative and researching feasibility of acting as fiscal agent for the project City Manager Zais referred to a discussion on this initiative from a few weeks ago when we had been approached to become involved as the fiduciary agent. Kathy Thomas, South Central Workforce Council, listed all the agencies involved and described many of them. Mr. Zais explained that there will be an agreement we will enter into and a budget appropriation that will come before the Council. The City Clerk read the resolution by title only; CAWLEY MOVED AND MCCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -29, A RESOLUTION declaring support for a new Community Development initiative directed toward strengthening families in the Yakima Valley, as well as support for the concept of the City partnering with the community in this effort; and further agreeing to investigate and research the possibility of the City acting as the Fiscal Agent for disbursement of federal funding on behalf of the initiative. 10. Consideration of Resolution declaring support for short term (interim) and long term efforts to improve conditions in areas of need within the City of Yakima Bill Cook, Community and Economic Development Director, explained that this is an administrative requirement of U.S. Department of Housing and Urban Development (HUD). The resolution allows us to categorize certain expenses in a way so we can carry out what you have asked us to do this year. Hector Franco, 815 North 28 Avenue, asked whether a Community Development Block Grant neighborhood revitalization strategy area has been designated. Mr. Cook said an application has been made but we have not received approval from HUD to create a strategy area. There had been two different versions of the resolution that had caused confusion. Mr. Franco voiced concern that the Council has already acted. 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. RESOLUTION NO. R- 2006 -30, A RESOLUTION recognizing the need for a united effort to improve conditions in certain portions of Yakima and declaring support for the numerous short and long term efforts to create those improvements. 5 4.7'Q MARCH 7, 2006 11. Consideration of Resolution authorizing professional services agreement with AHBL, Inc. for Yakima Valley Visitor and Convention Bureau Campus Facility Improvement Plan Kathy Coffey, General Manager, explained that they need a marketing arm and AHBL will provide that function. She advised that they need a rendering they can place in people's hands of Front Street to 1 -82 showing all the things that are taking. The various other agencies in town can also use this rendering. The next element of the agreement is a short -term overview of the campus complex and also a master plan for next 5 -10 years. They have been considering going to the Sports Commission and adding that component as well. The City Clerk read the resolution by title only; CAWLEY MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -31, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement between the City of Yakima and the AHBL, Inc. for professional services related to the creation of a Master Plan and related illustrations for the Yakima Convention Center 12. Consideration of adoption of City of Yakima federal congressional priorities for 2006 Michael Morales, Deputy Director of Economic Development, noted a correction on the request for trolley project transportation; we are not asking for any additional funding for acquisition. He explained that federal priorities are the roadmap we use to go to Washington D.C. laying out what we stand for and what we want to see accomplished. This list focuses on appropriation requests and looking at community issues. The crime issue is significant and some federal assistance is needed to accelerate what we're moving forward with. Our two proposed top federal priorities are requests from two different agencies in those areas. There is a full calendar of events scheduled while Council is there. City Manager Zais noted that this is something that has evolved over a number of years, not just for the conference. It is an extensive effort to carry forward the message of the city's needs and priorities to obtain federal support. It also allows them to hear the message on federal dollars that are being spent wisely on their behalf. The delegation that is going is Micah Cawley, Dave Edler, Norm Johnson, and Ron Bonlender, along with two community businessmen. The trip produces significant dividends for Yakima. JOHNSON MOVED AND CAWLEY SECONDED TO ACCEPT THE 2006 FEDERAL PRIORITIES. The motion carried by unanimous roll call vote. *13. Consideration of Resolution Authorizing Section 108 Loan assumption of Yakima Cellars RESOLUTION NO. R- 2006 -32, A RESOLUTION approving assumption of a Section 108 loan from Jul Mar, LLC to Coyote Canyon Winery, LLC, and authorizing the City Manager to execute documents required for the transaction 6 47'1- MARCH 7, 2006 *14. Consideration of Resolution authorizing submittal of Public Works Trust Fund loan application for Grade Separation Project interim financing RESOLUTION NO. R- 2006 -33, A RESOLUTION authorizing the City Manager to execute applications, certifications and agreements pursuant to an application for a construction loan from the Washington State Public Works Trust Fund in the amount of $3 million for Grade Separation Project improvements to Lincoln Avenue and B Street *15. Consideration of Resolution Modifying the City's Petty Cash and Change Funds RESOLUTION NO. R- 2006 -34, A RESOLUTION amending Resolution No. R -2004- 200, adopted December 14, 2004 and authorizing the existence of Change Funds, and other Petty Cash Funds, within the various Funds of the City of Yakima *16. Consideration of Resolution authorizing agreement with Yakima County Office of Aging and Long Term Care (ALTC) for Foot Care Services Program RESOLUTION NO. R- 2006 -35, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and Yakima County, through the Office of Aging and Long Term care, for the purpose of obtaining funding for foot care services for senior citizens *17. Consideration of Resolution Authorizing Investment of City of Yakima federal HOME funds in the Diocese of Yakima Rose of Mary Senior Housing Project RESOLUTION NO. R- 2006 -36, A RESOLUTION authorizing the investment of $400,000 in City of Yakima federal HOME funds in the Diocese of Yakima Housing Services Rose of Mary Senior Housing Project *18. Consideration of Resolution fixing a date of public hearing for March 21, 2006 to consider an amendment to the Six -Year Transportation Improvement Program for 2006 -2011 RESOLUTION NO. R- 2006 -37, A RESOLUTION fixing the time and place for hearing for March 21, 2006 at 7:00 p.m., in the Council Chambers at City Hall on an amendment to the 2006 through 2011 Six -Year Transportation Improvement Program (STIP) *19. Consideration of Resolution setting public hearing date of April 4, 2006 for final assessment roll for LID #1057, North 84 Avenue and Hawthorn Drive Jim Noel, 321 North 84 Avenue, voiced his disagreement with the assessment method of an LID that involves his property. He supports the LID but considers the elected assessment method unfair due to the layout of his property. He asked if there is any review or appeal process that he can go through. City Manager Zais explained that the only information Council has today on this issue is to set the hearing date. He explained they will have staff take a careful look at this with him. This is a citizen service request; our staff will look into it and respond back to Council, The item was initially passed as part of the consent agenda. 7 472 MARCH 7, 2006 RESOLUTION NO. R- 2006 -38, A RESOLUTION fixing April 4, 2006 at 7:00 p.m. as a time and date for a hearing on the final assessment roll for Local Improvement District No. 1057, North 84th Avenue & Hawthorn Drive *20. Consideration of Resolution setting public hearing date of April 4, 2006 for final assessment roll for LID #1058, North 90 Avenue, 94 Place and West Yakima Avenue RESOLUTION NO. R- 2006 -39, A RESOLUTION fixing April 4, 2006 at 7:00 p.m. as a time and date for a hearing on the final assessment roll for Local Improvement District No. 1058, North 90 Avenue, 94 Place & West Yakima Avenue *21. Set Date of Public Hearing for March 21, 2006 on Parks and Recreation Comprehensive Plan for 2006 -2011 March 21, 2006 was set for date of public hearing on the Parks and Recreation Comprehensive Plan for 2006 -2011 *22. Consideration of Reports from the Finance Department: A. Fourth Quarter 2005 Treasury Report The Fourth Quarter 2005 Treasury Report was accepted. B. Fourth Quarter 2005 Accounts Receivable Report The Fourth Quarter 2005 Accounts Receivable Report was accepted. ORDINANCES 23. Consideration of Ordinance adopting utility revisions to Yakima Municipal Code Because this has been reviewed in detail previously, Rita DeBord, Budget and Finance Director, gave just a quick overview for the viewing audience. She clarified that the request from Council to put a lien on properties whose delinquent bill is higher than $1,500 has been researched. They discovered that a lien would eliminate the City's ability to go through the collection process, which is the preferred method. She also pointed out a correction to the package that was sent out. On page 10 under service fees we were still showing a fee of $15 for a refuse cart delivery /pick up. That should have been eliminated and not be on this list. The City Clerk read the ordinance by title only; McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. Council Member Lover complimented staff on their efforts noting that the end result will be a value added delivery service. But he pointed out problems he had with section 12, the linking of these fees with Seattle's CPI. After giving his opinion on inflation and how Seattle's 8 47:3,, MARCH 7, 2006 rates shouldn't be the same as Yakima, LOVER MOVED AND JOHNSON SECONDED TO REMOVE THE FIRST SENTENCE OF SECTION 12 7.50..040 UNDER UTILITY SERVICES BEGINNING JANUARY 1, 2007 AND ON JANUARY 1sT EVERY TWO YEARS THEREAFTER THE FEES IN THIS TABLE WILL BE ADJUSTED AUTOMATICALLY TO ACCOUNT FOR ANY INCREASE IN CPI FOR SEATTLE AREA AND ROUNDED UP TO THE NEAREST WHOLE DOLLAR. Council Member McClure disagreed with the statement that none of this is affected by inflation, stating that inflation happens and these costs will increase as the business costs go up. Council Member Cawley also said he doesn't like us being included with Seattle's figures preferring to set our own fees with rate increases brought back to Council rather than having automatic increases. Council Member Whitman said coming back to Council with increases in the past has been a problem. This is automatic with smaller increments, keeping us on track so we don't get behind. City Manager. Zais agreed that there is not a validated Yakima index, but there is another alternative, the implicit price deflator. The implicit price deflator is a measure of inflation that the state has specified, usually somewhat Tess than the CPI, and is also a standardized measure. Another method would be taking a percentage of the Seattle CPI. The question was called for a vote on the amendment. The motion failed by a 4 -3 roll call vote; Bonlender, Edler, McClure and Whitman voting nay. McCLURE MOVED AND BONLENDER SECONDED THAT THE BI- ANNUAL INCREASE BE TIED TO THE IMPLICIT PRICE DEFLATOR OR 80% OF THE CPI (WHICHEVER IS LOWER), ROUNDED TO THE NEAREST DOLLAR. The motion carried by a 4 -3 roll call vote; Cawley, Johnson, and Lover voting nay. The question was called for a vote on the amended motion. The motion carried by a 4 -3 roll call vote; Cawley, Johnson, and Lover voting nay. ORDINANCE NO. 2006 -07, AN ORDINANCE relating to public services and utilities; substantially revising the public services and utilities section of the City of Yakima Municipal Code, updating City policies and procedures to provide compatibility, efficiency and accuracy for the provision of utility services to the citizens of the City of Yakima; harmonizing the procedures of operation and billing among the several utility divisions of the city and establishing improved customer service; and revising Chapters 4.16, 7.24, 7.28, 7.50, 7.60, 7.65, 7.68, 7.72, 7.78 and 10.10 of the City of Yakima Municipal Code *24. Consideration of Ordinance authorizing 2005 encumbrances (Read ordinance only at this meeting; second reading scheduled 3-21-06) An Ordinance amending the 2006 budget and appropriating funds for 2005 Year -end encumbrances from unappropriated fund balances within various funds for expenditures during 2006, was read by title only, and laid on the table until March 21, 2006 for a second reading. • 25. Other Business CAWLEY MOVED AND JOHNSON SECONDED TO MOVE INTO EXECUTIVE SESSION ON PERSONNEL ISSUES FOR 15 MINUTES THEN TO 7:00 P.M. IN ROOM D AT THE CONVENTION CENTER FOR A PUBLIC HEARING ON RENAMING `B' STREET TO MARTIN LUTHER KING BOULEVARD. The motion carried by unanimous voice vote. 9