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HomeMy WebLinkAbout05/02/2006 Business Meeting • 40 BUSINESS MEETING MAY 2, 2006 - 5:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: 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 2. Executive Session McCLURE MOVED AND WHITMAN SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR TO DISCUSS PENDING LITIGATION. The motion carried by unanimous voice vote. 6:00 P.M. - PUBLIC SESSION 1. RoII Call Present: 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 in Training Moore 2. Invocation /Pledge of Allegiance Council Member Cawley gave an invocation followed by the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamation • Letter Carrier Food Drive Day Council Member McClure read a proclamation declaring May 13 as,Letter Carrier Food Drive Day. Jeffery Bohlinger accepted the proclamation. • Peace Officers' Memorial Day Council Member Johnson read a proclamation declaring May 12 as Peace Officers' Memorial Day. Police Chief Granato said they will be hosting the annual ceremonies in front of the Law and Justice Building on South 3 Street. There will also be an open house at the police department. 41 MAY 2, 2006 • Cinco de Mayo Week Mayor Edler read a proclamation for Cinco de Mayo Week. Bernal Baca spoke on behalf of the community and accepted the proclamation. Luz Gutierrez recognized the volunteers who have been working on this. • National Day of Prayer Mayor Edler read a proclamation declaring May 4 th as a National Day of Prayer. Linda lasella was present to accept the proclamation and said a few words. Mayor Edler reminded the audience of the Mayor's Prayer Breakfast at Howard Johnsons. water playground (postponed to 5/16) C. Status report on prior meeting's citizen service request None D. Appointments to Council Boards and Commissions Mayor Edler appointed Bill Lover as the Council representative to the Hispanic Chamber of Commerce 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. Item No. 16 was removed and Item No. 11 was added to the Consent Agenda. The Acting City Clerk read the Consent Agenda items, including resolution and ordinances by title. BONLENDER MOVED AND WHITMAN SECONDED TO ADOPT THE CONSENT AGENDA AS READ. *A. Approval of the minutes of the November 15, 2005 Adjourned meeting, January 27 and March 7, 2006 Business meetings, and two February 28, 2006 Adjourned meetings, and March 7 and April 11, 2006 Adjourned meetings The minutes November 15, 2005 Adjourned meeting, January 27 and March 7, 2006 Business meetings, and two February 28, 2006 Adjourned meetings, and March 7 and April 11, 2006 Adjourned meetings were approved, having been duly certified accurate by two Council Members and no one present wishing to have said minutes read publicly. 5. Audience Participation Victor DeLong, 302 North 3rd Street, a business owner, said he had been involved in the New Year's Eve block party and would like to hold a summer kick off party at Miller Park from 11 a.m. to 7 p.m. on Saturday, June 17 Following that would be the first cruise of the summer beginning at 8 p.m. He described the many activities planned. 2 42 MAY 2, 2006 Monica Weyhe and Darlene Lust of the Library, and Ester Huey, came forward to thank the Council for endorsing and assisting in the passage of the library annexation. Council Member McClure spoke about the immigration march through downtown Yakima on May 1 . Velma Perez from the Hispanic Chamber also spoke about the event. CITY MANAGER'S REPORTS 6. Report on Southeast Community Center Building and activities Bill Cobabe, Office of Neighborhood Development Services Manager, reported on the Southeast Community Center. It was built in the 1970's, is currently under contract with OIC to provide services for five years with the help of block grant money. More money is needed to redo the building and they are working on capital campaigns. Details of the funding were discussed. A new management plan will be available shortly as will a proposal for how to accomplish the building renovation. 7. Consideration of deferred 2006 budget policy issue regarding proposal to lift the utility tax lid Rita DeBord, Budget and Finance Director, said that the report submitted was in response to a request last fall to look at an alternative with regard to the utility tax currently imposed on private utilities. Mrs. DeBord outlined the current tax rate and the 4% lid. In their report, the Budget Strategy Team had proposed looking at lifting the lid as a possible revenue enhancement. She listed three options; raise the 4% to $5,000, or to $7,500, or eliminating the cap altogether. It was noted that no other major city has a cap. Council Member Johnson asked what the impact would be on large businesses in the community, as well as the schools and hospitals. Mrs. DeBord noted that is confidential information, therefore, we don't know. We must remember it is not on their total bill, but is based per account, that's why it is difficult to guesstimate the impact. But, the cap is equivalent to $160 per account per month as the maximum they are currently paying. Compare that to the average resident that is paying the full burden of the tax. Council Member McClure spoke about the success of a recent emphasis patrol. Police would like to have four or five of these, but only have funding for one. His opinion was that it is important to look for a way to fund more patrols. McCLURE MOVED AND BONLENDER SECONDED TO HAVE STAFF PREPARE LEGISLATION DOUBLING THE CAP TO $8,000 AND THE FIRST $100,000 OF THE NEW MONEY WOULD BE USED TO HELP FUND POLICE EMPHASIS PATROLS. Discussion ensued with Council Member Johnson declaring a philosophical opposition to raising revenue in this manner. He emphasized again the importance of communicating with the schools, hospitals and big businesses to determine the impact on them. Council Member Lover commented that this tax increase targets the larger businesses, our most successful employers. He felt the 3 • 43 MAY 2; 2006 tax lid is an incentive to attract new businesses and to encourage business growth. Council Member Cawley suggested, if it passes, all the revenue should go to emphasis patrols. Council Member Whitman agreed that raising taxes is distasteful but increasing the cap from $4,000 to $8,000 is not a big enough change to raise a red flag to interested businesses. Instead we are showing them that public safety is a major priority. Mayor Edler said more information is necessary to make a decision on the issue. City Manager Zais advised that the BST recommendation was that whatever revenue enhancements we consider, we work at driving down our dependence on cash reserves. The question was called for a vote on the motion. The motion carried by a 4 -3 roll call vote; Edler, Johnson, and Lover voting nay. It was also suggested that a study session be held on the subject. 8. Consideration of Resolution remanding the Hearing Examiner's January 21, 2006 decision approving with conditions a Wal -Mart Superstore at South 64 Avenue and West Nob Hill Blvd. for additional information, and setting a date of the reopened public hearing before the Hearing Examiner for June 19, 2006 Bill Cook, Director of Community and Economic Development, clarified that approval of this resolution will direct the Hearing Examiner to convene a public hearing on Items Nos. 18 and 47. He also suggested a revision to the resolution to delete the last sentence setting a deadline to submit a final decision to Council. The Acting City Clerk read the resolution; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. Each Council member gave their opinion. City Attorney Paolella clarified that a clause could be added to conduct an inquiry as to the Airport Board's position on the ASO. At 7: 30 p.m. City Manager Zais suggested deferring further discussion and a vote until the end of the meeting to allow time for conferring on some matters Discussion continued at 8:41 p.m. The Acting City Clerk again read the resolution by title. City Attorney Paolella noted it was appropriate to amend the resolution in two regards and explained each. JOHNSON MOVED AND LOVER SECONDED TO AMEND THE RESOLUTION. PAGE 2, AT THE END OF THE FIRST PARAGRAPH OF THE RESOLVE LANGUAGE TO ADD AFTER THE WORD ASO AS FOLLOWS, INCLUDING, BUT NOT LIMITED TO, FACT FINDING AND INQUIRY INTO THE DECISION — MADE IN PROCESS AND POSITION OF AIRPORT BOARD CONCERNING THE ASO AND THE WAL -MART SUPERSTORE AND A SECOND AMENDMENT AT THE END OF THE SECOND PARAGRAPH TO STRIKE THE LAST LINE OF THE RESOLVE LANGUAGE SO THAT LAST SENTENCE WOULD READ: IT IS FURTHER RESOLVED THAT THE HEARING EXAMINER. WILL CONDUCT SAID REOPENED PUBLIC HEARING ON OR ABOUT JUNE 19 2006 TO BE COMPLETED BY FRIDAY JUNE 23 2006. The amending motion carried by unanimous roll call vote. The amended motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -68, A RESOLUTION remanding to the Hearing Examiner the Hearing Examiner's decision of January 21, 2006, approving, with conditions, a Wal -Mart Superstore at South 64 Avenue and West Nob Hill 4 44 MAY 2, 2006 Boulevard, to re -open the open- record public hearing in this matter, and setting a date of June 19, 2006, for such re- opened hearing. 9. Consideration of determination of validity of petition requesting that "A" Street be renamed Cesar Chavez Blvd., requested by Earl S. Lee & Family and Romeo Coronado Bill Cook validated receipt of a completed application to change the name of A Street and has received the application fee. Seventy -one properties and 30 mail box delivery addresses would be affected at an estimated cost of $4,365. Earl Lee said they would be willing to pay those costs. Alonzo Marquez, 613 North 3rd Street, spoke in favor of the name change as did Ortega Martin. Martin Chacon, 205 West Chestnut Avenue, suggested renaming Miller Park Cesar Chavez Park. Lynne Kittelson, 305 North 9 Street, spoke in favor of the name change. Bernal Baca of the Hispanic Chamber of Commerce said he did not think A Street would be a good representation for that name and agreed with Martin Chacon. He did comment that the name belongs to the family and there is a certain protocol that needs to be followed. McCLURE MOVED AND JOHNSON SECONDED TO REFUND $500 AND NOT MOVE THIS FORWARD, AND NO PUBLIC HEARING BE SET AT THIS POINT AND ASK THE COMMUNITY TO CONTINUE TO DISCUSS OTHER ALTERNATIVES Following discussion the motion carried by a 6 -1 vote; Bonlender voting nay. • Following a short break, the meeting reconvened at 8:12 p.m. 10. Consideration of Report updating the Finance Plan for Fire Station #92 alteration project Steve Scott, Deputy Fire Chief, gave a history of Station #92 leading up to the alteration project. He also noted the skyrocketing cost of materials due to hurricane Katrina and the situation in Iraq that required an update of the estimate. City Manager Zais detailed the financing plan. WHITMAN MOVED AND CAWLEY SECONDED TO APPROVE THE REPORT AND UPDATED FINANCIAL PLAN . The motion carried by unanimous roll call vote. *11. Consideration of Resolution accepting and approving the First Quarter 2006 Claim Report RESOLUTION NO. R- 2006 -69, A RESOLUTION accepting and approving the 1 Quarter 2006 Claim Report for the City of Yakima 12. Consideration of Council Committee report and recommendation regarding revisions to the City's Mission & Vision Statement and Council's Strategic Direction Priorities Randy Beehler, Community Relations Manager, advised that the report was the result of a review by the Mission and Vision Strategic Priorities Committee per 5 45 MAY 2, 2006 Council direction. The proposed revisions were also reviewed by the Council Meeting Review Committee. Randy read the proposed mission /vision statement. The mission of the City of Yakima is to focus on preserving and improving public safety, promote a regional approach to services, act as a catalyst for economic development and build a positive image of the community. The vision of the City of Yakima is to govern responsibly with cooperative diverse leadership, enhance the quality of life and continually improve services. WHITMAN MOVED AND JOHNSON SECONDED TO APPROVE THE MISSIONNISION STATEMENT AS READ. CAWLEY MOVED AND JOHNSON SECONDED TO AMEND THE STATEMENT BY REMOVING THE WORDS "IMAGE OF THE" AND PUT IN THE WORD VIBRANT. Randy clarified that the four elements of the mission statement coincide with the Council's strategic direction priorities, which are community safety, regional government services, economic improvement and community image. That's how the mission statement was created. The word image versus safe or vibrant was debated and how it fits with the remainder of the document. The motion failed by a 5 -2 vote; Bonlender, Edler, Johnson, Lover and Whitman voting nay. The question was called for a vote on the original motion. The motion carried by unanimous roll call vote. McCLURE MOVED AND BONLENDER SECONDED TO APPROVE THE STRATEGIC DIRECTION AND AUTHORITY. The motion passed by unanimous roll call vote. *13. Consideration of Resolution adopting revisions to the Council Rules and Procedures RESOLUTION NO. R- 2006 -70, A RESOLUTION adopting the recommendations of the Council Meeting Review Committee regarding amendments to the Yakima City Council Rules of Procedure and amending the Rules as recommended *14. Consideration of Resolution authorizing execution of a professional services contract with the Fourth of July Committee for community fireworks display and celebration event RESOLUTION NO. R- 2006 -71, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee to provide a fireworks display on the evening of July 4, 2006. *15. Consideration of. Resolution authorizing execution of easement agreement to Nob Hill Water Association in the vicinity of 7707 Tieton Drive RESOLUTION NO. R- 2006 -72, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an easement deed to Nob Hill Water Association. 6 46 MAY 2, 2006 16. Consideration of Resolution authorizing sole source without calling for bids procurement from Solid Waste Systems for installation and refurbishment of a used Curbtender Refuse body on a new cab and chassis Chris Waarvick, Public Works Director, advised that, in an effort to save the City money, they found a private hauler in Richland who was selling two fairly new utility bodies. We bought both of them and made one good body out of them. This will save the City approximately $50,000 over the price of a unit bought through the traditional bid process. The acting 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 -73, A RESOLUTION authorizing a sole source procurement without calling for bids from Solid Waste Systems whereby said entity shall install and refurbish a used Curbtender refuse body on a new cab and chassis. *17. Consideration of Resolution declaring a 1992 Isuzu/TMT Pathway paint striper to be surplus and authorizing its trade -in to TMT Pathway RESOLUTION NO. R- 2006 -74, A RESOLUTION declaring a 1992 lsuzu/TMT Pathway Paint Striper to be surplus to the needs of the City of Yakima Streets Division, and authorizing its trade in to TMT Pathway. *18. Consideration of Notice of Intention to Commence Annexation from Walter and Virginia Mick to annex approximately 7 acres located at the S.E. corner of W. Washington and S. 64 Avenues (Adopt Standard Motions A & B) May 2, 2006 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Walter and Virginia Mick. The annexation proposed by the above parties was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *19. Consideration of Resolutions setting dates of public hearings before the Hearing Examiner for: A. May 25, 2006 to consider a right -of -way vacation petition for property north of the intersection of N. 74 and W. Englewood Avenues requested by Chuck Johnson /J & R Enterprises RESOLUTION NO. R- 2006 -75, A RESOLUTION fixing May 25, 2006 as the date for a public hearing before the Hearing Examiner. This hearing concerns a petition to vacate a portion of public right -of -way adjacent to the Plat of YAKIMA ORCHARD HIGHLANDS CO. ORCHARD TRACTS as recorded in 1907, under Volume "E" of Plats, page 31, records of Yakima County, Washington; and additional right -of -way for that portion adjacent to Tract 43, dedicated in 1975 in Book "E" of Short Plats at page 15. 7 47 MAY 2, 2006 B. June 8, 2006 to consider right -of -way vacation Petition No. 06 -08 for property located in the vicinity of 1105 N. 1 Street, requested by Susan Roark RESOLUTION NO. R- 2006 -76, A RESOLUTION fixing June 8, 2006 as the date for a public hearing before the Hearing Examiner. This hearing concerns a petition to vacate a portion of public right -or -way created by the Plat of North Second Street Addition to North Yakima, now Yakima, as recorded in Volume "B" of Plats, Page 34, records of Yakima County, Washington. *20. Set date of Closed Record public hearing for the Cyr House nomination to the Yakima Register of Historic Places for May 16, 2006 May 16, 2006 was set as the date of Closed Record public hearing for the Cyr House nomination to the Yakima Register of Historic Places. *21. Set date of public meeting for May 16, 2006 to consider the Final Plat approval of Phase 3 of the Plat of Cottonwood Grove • May 16, 2006 was set as the date of public meeting for May 16, 2006 to consider the Final Plat approval of Phase 3 of the Plat of Cottonwood Grove. ORDINANCE *22. First reading of an Ordinance amending the 2006 budget and appropriating funds for grant- funded Public Safety communications equipment (Read ordinance only; second reading scheduled 5/16/06) An Ordinance amending the 2006 budget and appropriating funds to purchase public safety communications equipment, was read by title only, and laid on the table until May 16, 2006 for a second reading 23. Other Business • Construction price increases Council Member Lover referenced the projects where costs are being re- estimated due to the increases in fuel and building materials. He said he would like to have these increases looked into by either a study session, a task force, or staff. He also requested a quarterly update on the Railroad Grade Separation project due to the increasing costs. He said he'd like to see what the completion costs are as well as what it would cost to terminate the project, or what alternatives there are such as reducing the project. Council Member McClure added that the Railroad Grade Project is receiving escalating costs from the state driven by the cost of steel, cement, etc. Council Member Lover also asked to have people from the private sector in the construction arena to help explain their pricing methods, where are the dollars going and who is profiting. 8 • 48 MAY 2, 2006 • Towing of cars Council Member Cawley said that as a result of a Realtor luncheon he attended he wanted to look into how long it takes to tow a car away. He would like the Public Safety Committee to look into that and develop legislation to speed up the process. 24. Adjournment McCLURE MOVED AND BONLENDER SECONDED TO ADJOURN TO MAY 9, 2006 AT 7:30 A.M. FOR A STUDY SESSION REGARDING THE TRANSPORTATION PLAN. The motion carried by unanimous voice vote. The meeting adjourned at 8:59 p.m. r READ AND CERTIFIED ACCURATE BY �lU - ""COUNCIL - MEMBER DATE 1.171 ` 1" 7-40 COUNCIL MEMBER DATE ATTEST: // A (1,1 C L ER / W I'VID EDLER, MAYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 9