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
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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.
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JUNE 6,2006
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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:
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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.
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