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HomeMy WebLinkAbout08/15/2006 Business Meeting 132 BUSINESS MEETING AUGUST 15, 2006 - 5:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll CaII 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 Acting City Clerk Moore 2. Executive Session EDLER MOVED AND BONLENDER SECONDED TO MOVE INTO EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION AND PERSONNEL ISSUES. The motion carried by unanimous voice vote. 6:00 P.M. - PUBLIC SESSION 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 and Acting City Clerk Moore 2. Invocation /Pledge of Allegiance — Mayor David Edler Mayor Edler gave an invocation followed by the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations • Karen Roberts' Retirement Mayor Edler read a proclamation honoring' Karen Roberts for thirty years of service with the City, the last 24 as the City Clerk. Karen thanked all those past and present with whom she has worked over the years. B. Special Presentations C. Status report on prior meeting's citizen service request 133 AUGUST 15, 2006 D. Appointments to Council Boards and Commissions E. Council Committee Meeting Reports: • Public Safety Committee Council Member Whitman reported that the Public Safety Committee would like to take the juvenile curfew issue off of the Preliminary Future Council Agenda to allow the committee to study it further. • Community Relations Committee Information supplied in the packet • Neighborhood Development Committee Council Member Bonlender advised that HUD is conducting an audit of the Community Block Grant program. The only issue, to date, is that we should not use HUD funds for graffiti removal but should make it a budget item for City funds. 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. 17 was added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. McCLURE 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 February 14, May 23, and June 5, 2006 Adjourned Meetings The minutes of the February 14, May 23, and June 5, 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 Mike Hunnel, 913 South 4 Avenue, submitted a CD for Council review and registered allegations of ADA non - compliant buildings in Yakima. City Manager Zais noted that many issues Mr. Hunnel has brought before Council have been looked into and a study session was held on the subject during which it was explained that there are exceptions under the law. Many of the statements Mr. Hunnel has made have had to be reviewed by our Legal department to determine if the locations are ADA compliant. It is not something Mr. Hunnel, nor staff, can do without proper research. Mayor Edler committed the Codes Division, who issue occupancy permits, to respond on whether new construction locations reported by Mr. Hunnel met the code requirements upon opening. 2 134 AUGUST 15, 2006 Bob Plumb, a state Board Member of the American Civil Liberties Union (ACLU), raised concerns with the juvenile curfew issue claiming it is a constitutional issue and that profiling a whole class of citizens (youth) will cause legal problems. It also takes away parental authority and the exceptions are inadequate. He warned Council members to think carefully about this as the ACLU is willing to bcome legally involved. CITY MANAGER'S REPORTS 6. Consideration of Resolution authorizing execution of agreement with Maud Scott to provide research /documentation on the Cyr House Bill Cook, Director of Community and Economic Development, introduced the subject. The City of Yakima, through the Office of Neighborhood Development Services, owns the Cyr House at 201 South 8 th Street. The City has been considering rehabilitating the house to historic standards to promote historic preservation. It is critical for the resale of the house that it be listed on the City's register of local historic places so a new owner could take advantage of the property tax abatement offered by the program. The Historic Preservation Commission didn't feel there was sufficient historic evidence and remaining quality to the building to qualify under the standards set for the register. Therefore, we took the issue to the Neighborhood Development Committee and Maud Scott, a representative of Southeast Neighborhood Improvement Committee (SENIC), filed an appeal requesting the Commission to reconsider their decision with additional evidence she felt was available on the history of the house. Therefore, we have submitted a professional service contract with SENIC to accomplish that additional research, prepare a submission, and present it to the Historic Preservation Commission. Council Member Bonlender suggested that the appeal should come to the City Council rather than the Historic Preservation Commission. The City Clerk read the resolution by title only; JOHNSON MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -117, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Consultant Agreement for Professional Services with the Southeast Neighborhood Improvement Committee, a not -for- profit Washington corporation, to provide professional assistance to the City of Yakima for preparation and presentation of an application for inclusion of the Coson House, located at 201 South 8 th Street in Yakima, Washington, on the Yakima Historic Register. 3 135 AUGUST 15, 2006 7. Report from Police Department regarding cruising event for August 19, 2006 Capt. Greg Copeland reported on the plans for the second Council approved cruising event for the summer of 2006. Extra officers, on foot and in vehicles, will be on duty for the event that runs from 8 to 11 p.m. The projected cost is $4,000. Council Member Lover suggested, in the future, we try to find funding sponsors for the event. * 8. Approval of Second Quarter Financial Reports: A. Central Receivables Report B. Treasury Report The Second Quarter Central Receivables and Treasury Reports were approved. * 9. Approval of final contract payment for Culligan Water Conditioning sewer replacement Project No. 2159 performed by Leingang Excavating Inc. (Standard Motion V -B -- accept project and approve final payment) The report from the Acting City Engineer, dated August 8, 2006, with respect to the completion of the work for Culligan Water Conditioning sewer replacement Project No. 2159, performed by Leingang Excavating Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *10. Consideration of Resolution authorizing the execution of a professional services agreement with A. J. Consultants for Employee Assistance Program services RESOLUTION NO. R- 2006 -118, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Professional Services Agreement and any other necessary and appropriate documents between the City of Yakima and A.J. Consultants for employee support services. *11. Consideration of Resolution authorizing execution of professional services agreement with Brent Young for auditing the Police Athletic League Center RESOLUTION NO. R- 2006 -119, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Professional Services Agreement with Brent Young, CPA, for a review of financial and other business records of the Yakima Police Athletic League (YPAL). *12. Consideration of Resolution authorizing execution of professional services agreement with Acordia for insurance brokerage services RESOLUTION NO. R- 2006 -120, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a two -year extension of a professional services contract for property and casualty, insurance broker and risk management services with Acordia Northwest, Inc. 4 1 AUGUST 15, 2006 *13. Consideration of Resolution authorizing execution of an agreement with Yakima School District to provide firefighting educational services for Yakima Valley Technical Fire Cadet Program RESOLUTION NO. R- 2006 -121, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and Yakima School District No. 7, whereby the City agrees to provide firefighting educational services for the 2006 -2007 school year, as part of the Fire Cadet Program. *14. Consideration of Resolution granting a permit for public display of fireworks to Eagle Fireworks for August 26 and September 6, 2006 events at Yakima County Stadium RESOLUTION NO. R- 2006 -122, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks on behalf of the Yakima County Stadium, Yakima Bears baseball. ORDINANCES 15. Consideration of Ordinance establishing a Downtown Housing Target Area Bill Cook, Director of Community and Economic Development, pointed out that the proposed housing area designation has been reduced significantly and noted that it can be enlarged later if the need arises. It is a core of the largest and most significant buildings in the downtown. The program is an experiment and, if successful, will establish the future health and vitality of the downtown. He advised we agree on the concept, but don't agree on mandating a percentage of each project for low or moderate income housing. It is his opinion that mandates will deter the investment in which we are interested. Areas of discussion were: • Minimum investment of $15,000 per unit (Tacoma does not have a dollar minimum.) The minimum of four units would equate to $60,000 per project. • To qualify, the building has to have code violations if it is a rehab. • Targeted area boundaries • Parking issues. Citizens speaking in favor of mandating affordable housing were: • Sister Georgette Bayliss, Sister of Providence • Mike McCallah, 110 S. Naches Ave. • Tim Sullivan, representing the Homeless Network of Yakima County • David and Gwen Ryan • Beth Danhart • Kate and John Parrish 5 137 AUGUST 15, 2006 Citizens speaking in favor of the ordinance without affordable housing mandates were: • Craig Rath, 406 S. 17 Board member of Committee for Downtown Yakima; Chair of Affordable Housing Council for CWHBA • Mike Morriesette, 708 S. 87 Avenue, President of the Greater Yakima Chamber of Commerce • Ron Anderson, 1112 S. 20 Avenue • Steve Caffery, CEO of Capitol Theatre; Vice Chair of Yakima Downtown Association (YDA) Andrew Miller, consultant with Urban Place Consulting, worked with YDA on the downtown. He has a background in parking analysis and supports the elimination of the parking requirement. His firm did an inventory of the existing housing in the downtown proposed target area: Of the 428 housing units in the area, one is a single family dwelling; 95 are special needs (clean & sober, assisted living); 143 are units for elderly (assisted living units); and 193 low -rent or non - subsidized housing. Most of the units are considered low to moderate income housing. The key will be a proper balance. The downtown is lacking market -rate housing, as there is none in the target area. Joe Mann, downtown business owner, expressed concern that development won't happen if there are too many strings attached. Maud Scott, expressed concern about the boundaries, public amenities, parks and school capacity. She thinks parking is important. She suggested eliminating the part of the area that borders to Walnut and use Chestnut as the boundary. Following a short break, the meeting reconvened at 8:10 JOHNSON MOVED AND LOVER SECONDED TO PASS THE ORDINANCE. McCLURE MOVED AND CAWLEY SECONDED TO MODIFY THE MAP TO GO TO THE STREET FACE AND MAKE THE PROPOSED AREA: SOUTH OF E. MARTIN LUTHER KING BLVD, WEST OF 6 STREET, NORTH OF WALNUT TO THE RAILROAD TRACKS, AND THEN ON THE WEST SIDE OF THE RAILROAD TRACKS FROM THE BLOCK FACE OF CHESTNUT TO A STREET Council Member Lover, noted the amended area is larger than the original proposal and expressed concern about a tax shift. The question was called for a vote on the amendment. The motion carried by a 5 -2 roll call vote; Johnson and 'Lover voting nay. BONLENDER MOVED AND Mc CLURE SECONDED TO DELETE ITEM 1 ON PARKING. Discussion ensued on parking requirements in the downtown area. The motion carried by 6 -1 roll call vote; Cawley voting nay. 6 138 AUGUST 15, 2006 The next item discussed was Demolition and Exterior Modifications with regard to having the Historical Preservation Commission review and recommend projects for approval. LOVER MOVED AND BONLENDER SECONDED TO AMEND THE ORDINANCE BY DELETING ITEM #4. Council Member McClure stated he would like a method of checking on the projects prior to Council consideration. Jeff Cutter, Assistant City Attorney, pointed out that the way it is currently written, only the projects the Commission recommended would come before Council. If they did not recommend approval of a project, it may never come before the City Council. To change the process, there would need to be an amendment stating reviewed and a recommendation forwarded to City Council. The question was called for a vote on the amendment. The motion carried by 5 -2 roll call vote, McClure and Whitman voting nay. CAWLEY MOVED AND McCLURE SECONDED TO CHANGE THE WORDS UNDER ITEM "D" IN THE DEFINITIONS FROM "AUTHORIZED DESIGNEE" TO "DEPUTY DIRECTORY'. The motion failed by 5 -2 roll call vote; Cawley and McClure voting nay. LOVER MOVED AND McCLURE SECONDED TO INCREASE THE MINIMUM PER UNIT AMOUNT FROM $15,000 TO $25,000. The motion passed by a 4 -3 roll call vote; Cawley, Bonlender and Edier voting nay. McCLURE MOVED AND CAWLEY SECONDED TO REQUIRE THAT PROJECTS GO THROUGH THE ECONOMIC COMMITTEE PRIOR TO COMING TO COUNCIL. The motion failed by a 5 -2 roll call vote; Bonlender, Edler, Johnson, Lover, and Whitman voting nay. The City Clerk read the motion as amended. The question,was called for a vote on the amended motion. The motion passed by unanimous roll call vote. Mr. Cook pointed out that there is a place in the ordinance for fees. There is one mandated fee of $100 that the County Assessor receives once the project is approved. Mayor Edler suggested the fee schedule be studied and a recommendation brought before the Council at a later date. City Attorney Paolella clarified that, as approved, the blanks for fees on page 7 would have a zero dollar and could be reviewed again later. Mayor Edler challenged City staff and the City Manager to supply an inventory on affordable housing programs that are available and look for other communities that are developing models for affordable housing. ORDINANCE NO. 2006 -37, AN ORDINANCE relating to land use and development; identifying and designating an `urban center' area for the purpose of developing needed multiple -unit residential housing by means of rehabilitation, modification or conversion of existing structures or by means of new construction, in order to provide additional housing opportunities in the `urban 7 139 AUGUST 15, 2006 center' where presently sufficient available, desirable and convenient residential housing is not available to meet the needs of the public who would be likely to live in the `urban center' if desirable, attractive and livable residential opportunities were available; establishing specific goals and guidelines for said rehabilitation, modification or conversion as well as a formal process of application, review, approval, denial and appeal for prospective projects; authorizing a process whereby properties satisfying the requirements of the application and development guidelines become eligible for exemption from ad valorem property taxation on the value of the new housing construction, conversion and rehabilitation improvements as provided in 84.14 RCW; and enacting Chapter 11.63 entitled "Downtown Redevelopment Tax Incentive Program" as a new chapter to Title 11 of the City of Yakima Municipal Code. 16. Consideration of Report and Legislation from Fire Department regarding Fire Station #92 remodel project bids: A. Motion to approve alternate financing plan Steve Scott, Deputy Fire Chief, explained that the bids were $216,000 higher than the funds allocated for the project. Four legitimate and respected contractors bid on the project and that validated the integrity of the bids presented. He reiterated that this is a function - before -form building. City Manager Zais explained the financing and bonding necessary for the project. WHITMAN MOVED AND CAWLEY SECONDED TO APPROVE THE ALTERNATE FINANCING PLAN. Council Member Bonlender said he was not satisfied with the labor increase portion of the bids. It was.clarified that the previous amounts were the architect's estimate and that the project had actually only been out for bid once. Details were discussed on the reasoning for the increases. The question was called for a vote on the motion. The motion carried by 6 -1 roll call vote; Bonlender voting nay. B. Consideration of Resolution authorizing extension of line of credit The City Clerk read the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote; Bonlender voting nay. RESOLUTION NO. R- 2006 -123, A RESOLUTION of the City Council of the City of Yakima, Washington, authorizing draws under its Limited Tax General Obligation Bond, 1997 (Key Bank Line of Credit) for fire station capital improvements. C. Consideration of Ordinance amending the Fire Capital budget An Ordinance amending the 2006 budget and appropriating funds for a construction project at Fire Station #92 was read by title only, an laid on the table until September 5, 2006 for a second reading. 8 140 AUGUST 15, 2006 *17. Consideration of Ordinance Amending City operating budgets regarding increased fuel costs for 2006 An Ordinance amending the 2006 budget and appropriating funds for increased fuel costs was read by title only and laid on the table until September 5, 2006 for a second reading. *18. Consideration of an Ordinance approving a partial right -of -way vacation of an alley located between 1105 N. 1 Street and 1104 North 2 Street requested by Susan Roark dba Susie's Saloon ORDINANCE NO. 2006 -38, AN ORDINANCE relating to land use; vacating a certain portion of street right —of -way identified as a portion of portion of an undeveloped platted alley running north and south along several lots located at 1105 North 1 Street; and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same; Susan C. Roark being identified as the applicant herein. *19. First reading of an Ordinance accepting SIED grant funding and amending the 2006 Budget and appropriating funds from the Parks Capital Fund for improvements to the Southeast Community Center An Ordinance amending the 2006 budget and appropriating funds for improvements at the Southeast Community Center was read by title only; and laid on the table until September 5, 2006 for a second reading. *20. First reading of an Ordinance accepting SIED grant funding and amending the 2006 Budget and appropriating funds from the Domestic Water Improvement Fund for water infrastructure improvements) An Ordinance amending the 2006 budget and appropriating funds for water infrastructure improvements was read by title only, and laid on the table until September 5, 2006 for a second reading. *21. Second reading of an Ordinance amending the 2006 Budget and appropriating funds into the Law & Justice Capital Budget from a'Homeland Security /Law Enforcement Terrorism Prevention Grant for purchase of new response vehicle and other equipment ORDINANCE NO. 2006 -39, AN ORDINANCE amending the 2006 budget for the City of Yakima; and making an appropriation within the 333 — Law and Justice Capital Fund and other various funds for expenditure during 2006 to provide for various emergency response equipment. 22. Other Business None 9 14 AUGUST 15, 2006 23. Adjournment McCLURE MOVED AND WHITMAN SECONDED TO ADJOURN TO EXECUTIVE SESSION ON AUGUST 16, 2006 FROM 11 :30 A.M. TO 2 :00 P.M. AT THE YAKIMA CONVENTION CENTER, ROOM 2 TO DISCUSS PENDING LITIGATION; THEN TO AUGUST 22, 2006 AT 11 :30 A.M. TO 2 :00 P.M. AT THE YAKIMA CONVENTION CENTER, CONFERENCE ROOM #2 TO DISCUSS PERSONNEL ISSUES; THEN TO AN ADJOURNED MEETING ON AUGUST 29, 2006 AT THE YAKIMA CONVENTION CENTER, ROOM D FOR A PUBLIC HEARING ON THE CONTINUATION OF THE WAL -MART APPEALS HEARING. The motion carried by unanimous voice vote. The meeting adjourned at 9:22 p.m. // /� 7 / READ AND CERTIFIED ACCURATE BY `COUNCIL MEMBER DATE COUNCIL M. ► eER DATE ATTEST: /// IJ nq CITY CLE . VID EDLE'hYOR Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 10 •