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HomeMy WebLinkAbout06/06/2006 Business Meeting 65 BUSINESS MEETING JUNE 6, 2006 - 5:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk in Training Moore Absent: Micah Cawley (excused) Mayor Edler called the meeting to order at 5:00 p.m. 2. Executive Session McCLURE MOVED AND JOHNSON SECONDED TO MOVE INTO EXECUTIVE SESSION REGARDING PROPERTY ACQUISITION AND PENDING LITIGATION FOR APPROXIMATELY ONE HOUR. The motion carried by unanimous voice vote; Cawley absent. 6:00 P.M. - PUBLIC SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk in Training Moore Absent: Micah Cawley (excused) 2. Invocation /Pledge of Allegiance Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation On behalf of the City Council, Mayor Edler thanked City staff, the City Manager, Michael Morales, and Sonya Claar for their successful involvement hosting Mexican President, Vincente Fox. A. Proclamations None 66 JUNE 6, 2006 B. Special Presentations None C. Status report on prior meeting's citizen service request • Response to Mike Hunnel regarding ADA compliance issues Bill Cook, Director of Community and Economic Development, reported that the inspectors went to three sites that Mr. Hunnel said were not in compliance. They found that two were in compliance and the other was still under construction and is expected to meet the requirements. Council Member McClure expressed concern about the impact of these false reports of non - compliance on the three businesses. It was suggested that Mr. Hunnel take his concerns directly to the Code Compliance Department rather than coming to the Council and publicly branding a business that was actually in compliance. D. Appointments to Council Boards and Commissions • . Citizens Police Advisory Committee Council Member Whitman advised that there has been confusion with regard to the term expirations on this committee. In working with the committee and the Clerk's office, she said they have established the following term expirations: June 2, 2007: Greg Bohn, Wayne Funkhouser, Virginia Santillanes, Les Henderson, and Shelly Upton. June 2, 2008: Shirley Bush, Gerald Foy, Daniel Capetillo, and Tom Foley. WHITMAN MOVED AND BONLENDER SECONDED TO RATIFY THE TERMS AS PRESENTED. Council Member Whitman said that the committee would look into the by -laws and tighten up areas of confusion over the next few months. The motion carried by unanimous voice vote; Cawley absent. 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. .9 was added and Item No. 10 was removed from the Consent Agenda. The Acting City Clerk read the Consent Agenda items, including resolutions and ordinances by title. JOHNSON MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Cawley 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 March 21, 2006 Business meeting The minutes of the March 21, 2006 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. • 2 • 67 JUNE 6,2006 • 5. Audience Participation Sandy Massong- Lloyd, 5501 W. Arlington Avenue, presented pictures of two properties that she has concern over their condition. The first is the Tiger Mart property at the corner of 56 and Summitview Avenues. She asked whether the City was in line for any reimbursements and suggested they take the canopy' down and take other mitigation steps. City Manager Zais gave an update from a conversation with our attorney and code enforcement manager about that site. We are aggressively pursuing abatement of the site, although it is still in bankruptcy and we have limitations as to what we can do. There also is a major dispute with the Department of Ecology and the ownership on environmental remediation measures that is tied up in litigation. Mrs. Massong -Lloyd next spoke about the Congdon property across from her home and showed a picture of the weeds. She expressed opposition to barbed wire fencing within city limits and how the ordinance on noxious weeds should be expanded. Mayor Edler said we would look into her issues and report back at the next meeting. Council Member Bonlender promoted the Summer Kick Off Party to be held on June 17 at Miller Park. PUBLIC HEARING /MEETING • 6. Closed Record public hearing to consider the Hearing Examiner's recommendation on a rezone request by D.H. Construction and Development, Inc. for property located at 1708 South 16 Avenue Doug Maples, Planning and Code Enforcement Manager, advised that the Hearing Examiner held a closed record public hearing on April 12, 2006, on a rezone request to change one parcel of land, approximately .24 acres, from R -2, two - family residential, to B -1, professional business. The applicant proposes incorporating this parcel with another to construct an office complex. The Hearing Examiner found the request satisfied the criteria specified in the Municipal Code and recommended approval subject to three conditions stated in his recommendation. • Mayor Edler opened the public hearing. Jamie Carmody, 405 E. Lincoln Avenue, representing D.H. Construction, came forward in approval of the request. • Mayor Edler closed the public hearing. McCLURE MOVED AND JOHNSON SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous voice vote; Cawley absent. 3 68 JUNE6,2006 7. First of two public hearings to consider: A. Adoption of the Six -year Transportation Improvement Program (STIP) for years 2007 to 2012, and to amend the Metropolitan Transportation Plan Brett Sheffield, Acting City Engineer, explained that state law requires updating the Six -Year Transportation Improvement Program (STIP) each year and it must include all transportation projects for which state or federal tax revenue will be used. He emphasized that it is a planning document; all projects listed might not be built, however, only those included are eligible for the revenue. Mr. Sheffield pointed out the changes from last year's document and solicited additions from Council. Council Member Bonlender suggested adding the paving of alleys. • Mayor Edler opened the public hearing. Lynne Kittelson, 305 North 9 th Street, complained that there is no mention of the east side pathways, although she has asked more than ten times for it to be included. Mr. Sheffield said they would look into including it. • Mayor Edler closed the public hearing. B. Amendment of the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the adopted Six -year Transportation Improvement Program (STIP). No action to be taken. Continue public hearing to June 27, 2006 and possible adoption of the plan. CITY MANAGER'S REPORTS 8. Consideration of an Application by Dr. Earl S. Lee and other petitioners to rename A Street to Cesar Chavez Blvd. Bill Cook, Community and Economic Development Director, said we have received a valid application. He clarified that this is not a public hearing but a first review under 8.70 of the Municipal Code to verify that the application is complete and a valid request that should be considered at a public hearing. In the preliminary analysis it was estimated that the cost of signage and utility billing record changes would be approximately $5,000. Alice Smith, 4202 Donald Drive, spoke in support of the street name change. Earl Lee claimed that the first application submitted was valid and should have moved on to a public hearing. He also refuted claims by a lower valley group that pulled their support for this application. Council Member McClure said a month ago the Council specifically asked for contacts from other organizations but we haven't received any. Al Marquez, 613 North 3 `d Street, said he asked people on the street if they were in support of the name change and 99% of the people he talked to said yes. 4 69 JUNE 6, 2006 Jesus Sousa, 5980 S. Wapato Road in Toppenish, publicly said his group wanted to disassociate from the original group making the request. He said they haven't applied with the Cesar Chavez organization yet and want to do everything properly and under the law. They have an appointment with Bernal Bacca and members of the Hispanic Chamber and hope to' work with all the communities. Paul Reboca, 1806 Fremont Drive, said his group is working to get more input from the Hispanic community leaders in Yakima to develop a united focus to accomplish this goal. Estella DelVillar, 7011/2 N. 20 Avenue, explained that, although she was one of the original signatures on the petition, she unfortunately, came to a parting of the ways with Earl Lee and Alonzo Marquez. There wasn't a willingness to work with other members in the community. That is why they wanted to step back and get permission from the Cesar Chavez foundation. Terry Toth, owner of the Liberty Building, spoke against renaming A Street. He feels there are better streets to rename to give the Hispanic community some pride in where they live. He felt it appropriate to poll the taxpayers who have purchased property on A Street. Lynne Kittelson , 305 N. 9 Street, accused the City of being divisive. Council Member Bonlender said the application has become weaker due to the group disassociation. He recommended it be hashed out at the committee level before coming as a recommendation to the Council. BONLENDER MOVED AND WHITMAN SECONDED TO REFER THIS BACK TO THE NEIGHBORHOOD DEVELOPMENT COMMITTEE. The motion failed by a 4 -2 voice vote; Johnson, McClure, Lover and Edler voting nay; Cawley absent. Council Member McClure commented that he is not willing to make a motion to move this on until they respond to a previous Council request to get more public involved. *9. Consideration of Approval of Fire Department 2005 Annual Report The 2005 Fire Department Annual Report was approved. 10. Consideration of an update of the City of Yakima federal HOME CHDO funding authorization for the Next Step Housing Pear Tree Place Affordable Housing Project 06 Bill Cobabe, Office of Neighborhood Development Services Manager, advised that this is a smaller . project than originally presented (26 units versus 40) because there was a significant funding source that was unable to provide funding. Construction material costs have gone up dramatically so it had to be revamped. It is still a sound project and our contribution is less than 5 %. The land will be available later as more funding becomes available. JOHNSON MOVED AND McCLURE SECONDED TO APPROVE THE UPDATED REPORT. The motion carried by unanimous voice vote; Cawley absent. • 5 70 JUNE 6, 2006 *11. Consideration of a Resolution authorizing execution of an interlocal agreement with numerous governmental agencies in the Yakima River Basin through the Yakima Basin Water Resources Agency for coordinated water resource planning in the Yakima River Basin RESOLUTION NO. R- 2006 -86, A RESOLUTION authorizing the execution of an Intergovernmental Agreement associating the City of Yakima with numerous other governmental agencies in the Yakima River Basin through the Yakima Basin Water Resources Agency for the purpose of concerted coordinated water resource planning in the Yakima River Basin. *12. Consideration of a Resolution authorizing execution of professional services contract with Artifacts for Environmental and Project Management for enhancement grants RESOLUTION NO. R- 2006 -87, A RESOLUTION authorizing and directing the City Manager to execute a consulting agreement between the City of Yakima and Artifacts, Inc., for professional services and also authorizing the City Manager to execute any additional contracts as are necessary and prudent to implement those certain transportation enhancement grants previously accepted by the City of Yakima pursuant to Resolution No. R- 2006 -65 *13. Consideration of a Resolution authorizing execution of an interlocal agreement with Yakima County for administering housing funds RESOLUTION NO. R- 2006 -88, A RESOLUTION authorizing the execution of an Interlocal. Agreement between Yakima County and the cities and towns within Yakima County, including the City of Yakima, to provide for the administration of low - income housing funds generated from a surcharge charged by the County for documents recorded at the Yakima County Auditor's office as permitted by RCW 36.22.178, and to make the City of Yakima eligible to receive a portion of said funds. *14. Consideration of a Resolution authorizing grant application for the Federal Transit Administration (FTA) Urban Area Formula Assistance Program RESOLUTION NO. R- 2006 -89, A RESOLUTION authorizing and directing the City Manager and City Attorney (or their designees) of the City of Yakima to execute and file grant applications and all necessary documentation required for federal transportation funding assistance programs authorized by #49 U.S.C. Chapter 53, Title 23 United State Code and other federal statutes administered by the Federal Transit Administration *15. Consideration of a Resolution setting the date of an open record public hearing on July 11, 2006 before the Hearing Examiner on a right -of -way vacation petition in the vicinity of North 74 Avenue and West Englewood Avenue, requested by Chuck Johnson /J &R Enterprises RESOLUTION NO. R- 2006 -90, A RESOLUTION fixing July 13, 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 adjacent to the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. 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 of Tract 43, dedicated in 1975 in Book "E" of Short Plats at page 15. 6 .71 JUNE 6, 2006 *16. Set date of closed record public hearing for July 11, 2006 to consider the Hearing Examiner's recommendation on the rezone of property at 1317 South 6 Street, requested by Contreras & Son Auto Service July 11, 2006 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation on the rezone of property at 1317 South 6t Street, requested by Contreras & Son Auto Service. *17. Set date of closed record public hearing for July 11, 2006 to consider the Hearing Examiner's recommendation on the rezone of property at 904 North 4th Street, requested by D &R Garza Properties, LLC July 11, 2006 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation on the rezone of property at 904 North 4 Street, requested by D &R Garza Properties, LLC. *18. Set date of closed record public hearing for July 18, 2006 to consider the Hearing Examiner's recommendation on the rezone of property at 5301 Tieton Drive, requested by the Diocese of Yakima Housing Services July 18, 2006 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation on the rezone of property at 5301 Tieton Drive, requested by the Diocese of Yakima Housing Services. ORDINANCES • 19. Report and Legislation regarding River Road Improvement Project: A. Status report on project elements, financing plan and construction timetable Michael Morales, Deputy Director of Community and Economic Development, gave a status report: • Raw material costs are rising rapidly. They identified a $1.4 million shortfall to do entire project. • . Accelerating the intersection would increase costs and would put completion next year in question, requiring approval from the funding source. • Three Options; 1) accelerate N. 16 Avenue /River Road intersection improvements; 2) construct intersection improvements at 16 and Fruitvale and widen River Road from 16 to 23 Avenues, and 3) construct the entire project. • Reviewed methods of handling the cost shortfall. • Created a review team to look at design options. Questions — when can we expect to see temporary light at 16 City Manager Zais explained that segmenting this project or having an interim signal runs the risk of much higher costs. The scope of the project has expanded over time. Also discussed were methods of acquiring the required property. JOHNSON MOVED AND LOVER SECONDED TO APPROVE THE STAFF RECOMMENDATION ON PAGE 4 OF THE REPORT TO PROCEED WITH OPTION 3. The motion carried by unanimous roll call vote; Cawley absent. 7 72 JUNE 6, 2006 B. Consideration of Ordinance authorizing acquisition of property The Acting City Clerk read the ordinance by title only; McCLURE MOVED AND WHITMAN SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Cawley absent. ORDINANCE NO. 2006 -22, AN ORDINANCE authorizing and directing the City's outside legal counsel, Lyon Weigand & Gustafson PS, to institute and prosecute legal proceedings for the condemnation and acquisition of certain real property for the River Road Improvement Project; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be necessary for a public use required by the public interests; directing that compensation for such taking be paid from Fund Number 142, Arterial Street Fund of the City of Yakima. 20. Consideration of Legislation regarding Health Family Initiatives: A. Consideration of Resolution authorizing Contract with DSHS City Manager Zais explained how this started as a community initiative seeking help to accomplish part of the safe community idea through additional support services. The federal government is working in unison with state and local governments and community groups to help deal with family challenges. The City of Yakima will become the fiduciary agent for a $1.5 million federal grant. Rita DeBord, Finance and Budget Director, expressed excitement over the establishment of a Community Healthy Marriage and Fatherhood Demonstration Project, a federally funded program to strengthen marriages and promote responsible parenthood. It is a pilot program that the federal government is implementing throughout the country. It is a 5 -year program totaling $1.5 million with a federal grant of $990,000. There is a local match requirement of $510,000 to be raised locally through fundraisers. Mrs. DeBord outlined the City's responsibility when accepting federal money. There are thousands of compliance requirements, both legal and fiduciary. We will be acting as the fiscal agent, paying and requesting reimbursement, and have legal requirements to assure the program is administered properly. We hope to minimize the labor impact by contracting Kraft Consulting. They will take responsibility for all of the things the City otherwise is responsible for with the exception of the actual fiscal agency part. Mrs. DeBord described the program and how it will work. She also described four pieces of legislation that need to be approved by Council. The City is recommending taking $30,000 out of the housing program non - federal money to be used to start paying any expenses while fundraising is gearing up. This program has been reviewed with the ONDS Council Committee. They expressed concern that the City was taking on considerable responsibility and staff time required to administer the program and that we may not be reimbursed. After additional research, it was determined that most of the work would come from one accountant and the Finance Manager. Those individuals would be charged directly to the grant and their costs would be reimbursed. Linda Kraft, owner of Kraft Consulting, spoke about her years of experience on this project. She, and Sylvia Flores from DSHS, spoke in great detail about the program. 8 73 JUNE 6, 2006 The acting City Clerk read the resolution by title only, McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION. Council Member Whitman said she was disturbed about the amount of money the administrators would be receiving. The motion carried by a unanimous roll call vote; Cawley absent. RESOLUTION NO. R- 2006 -91, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Agreement with the State of Washington Department of Social and Health Services (DSHS) to allow the City of Yakima to use federal IV -D match funds to operate the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood Community Demonstration Initiative" child support enforcement demonstration project. B. Consideration of Resolution authorizing professional services contract with Kraft Consulting for Executive Director service • The acting 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; Cawley absent. RESOLUTION NO. R- 2006 -92, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Professional Services Agreement with Kraft Consulting to develop and operate the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood Community Demonstration Initiative" child support enforcement demonstration project. C. Consideration of Ordinance authorizing a new fund The acting City Clerk read the ordinance by title only; McCLURE MOVED AND LOVER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Cawley absent. ORDINANCE NO. 2006 -23, AN ORDINANCE relating to funds and accounts; creating a Community Services Fund — 127; designating the sources of revenue and permissible expenditures from such fund; and enacting Chapter 3.228 "Community Services Fund" as a new Chapter and Sections 3.118.010, 3.118.020 and 3.118.030 as new sections of the City of Yakima Municipal Code. D. First reading of an Ordinance amending the 2006 budget to accept grant revenues and appropriating funds for the Health Families Initiative (Read ordinance only_at this meeting; second reading scheduled 6- 27 -06) An ordinance amending the 2006 budget and appropriating funds to provide for the "Greater Yakima Valley Healthy Marriage and Responsible Fatherhood Community Demonstration Initiative" child support enforcement demonstration project, was read by title only, and laid on the table until June 27, 2006 9 74 JUNE 6, 2006 *21. Consideration of Ordinance amending and correcting the classification and compensation plan for certain City employees and amending the Yakima Municipal Code ORDINANCE NO. 2006 -24, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective immediately; amending Subsections 2.20.110A and 2.20.1108 all of the City of Yakima Municipal Code: *22. First reading of an Ordinance amending the 2006 budget and appropriating funds for payment to Yakima County for 96 Avenue annexation (Read ordinance only at this meeting; second reading scheduled 6- 27 -06) An ordinance amending the 2006 budget and appropriating funds for costs related to an interlocal agreement with Yakima County for street improvements made within the 96 Avenue Annexation area, was read by title only, and laid on the table until June 27, 2006 *23. First reading of an Ordinance amending the 2006 budget and appropriating funds to purchase grant- funded fire safety puppetry program "Safety Troupe" equipment and supplies (Read ordinance only at this meeting; second reading scheduled 6- 27 -06) An ordinance amending the 2006 budget and appropriating funds for fire prevention education equipment, was read by title only, and laid on the table until June 27, 2006 24. Other Business Mayor Edler asked for clarification on the outcome of Item No. 8, the street renaming issue. City Attorney Paolella explained that the Council's non vote represented a determination that the petition would not be advanced to the public hearing level. Mayor Edler said that important bridges are being built and this particular petition has been very divisive and we stay above the fray. • Telephone participation in Council meeting City Manager Zais responded to a question about an out -of -town Council member's participation in a Council meeting via telephone and whether they would be allowed to vote. The Charter is silent on this question as are the rules of procedure. For that to be allowed it would require deliberation and a decision by the Council as a whole. It should be a part of the procedures. As a matter of courtesy, when a Council member has asked for an item to be deferred, Council has done so. This concept will be referred to the Council Rules Committee for discussion as well as with Legal and will be brought back through that process. JOHNSON MOVED AND McCLURE SECONDED TO HAVE THE CONCEPT REVIEWED BY THE COUNCIL RULES COMMITTEE AND THE LEGAL DEPARTMENT. The motion carried by unanimous voice vote; Cawley absent. 10 • 75 JUNE 6, 2006 25. Adjournment McCLURE MOVED AND BONLENDER SECONDED TO ADJOURN TO TUESDAY, JUNE 13, 2006 AT 8:30 A.M. FOR A STUDY SESSION TO CONTINUE DISCUSSING THE YAKIMA SAFE COMMUNITY ACTION PLAN. The motion carried by unanimous voice vote; Cawley absent. The meeting adjourned at 8 : 2 8 : 47 PM /l7 READ AND CERTIFIED ACCURATE BY COU - IL MEMBER DATE -74.4 COUNCJ EMBER DATE ATTEST: _ /1 CITY CLERK , DA ID EDLER, MAYOR Minutes prepared by Linda Watkins. A video tape of this meeting is available in the City Clerk's Office. • 11