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
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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.
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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.
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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.
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*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
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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.
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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
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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.
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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
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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.
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READ AND CERTIFIED ACCURATE BY
`COUNCIL MEMBER DATE
COUNCIL M. ► eER DATE
ATTEST:
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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
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