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HomeMy WebLinkAbout09/19/2006 Business Meeting 178 BUSINESS MEETING SEPTEMBER 19, 2006 — 5:00 P.M. COUNCIL CHAMBERS — CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore 2. Executive Session regarding Prospective Litigation McCLURE MOVED AND JOHNSON SECONDED TO MOVE INTO EXECUTIVE SESSION. The motion carried by unanimous voice vote. 6:00 P.M. — PUBLIC SESSION 1. Roll Call Mayor Edler called the meeting to order at 6:02 p.m. Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore 2. Invocation /Pledge of Allegiance Council Member Whitman gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations: • Appreciation to Peggy Akin (Melody Lane Singers) Mayor Edler read a proclamation of appreciation honoring Peggy Akin for starting Melody Lane Singers and for her many years of service to the community. The proclamation declared September 19, 2006 as Peggy Akin Day in the City of Yakima. A group of young Melody Lane singers sang / am Glad to be Part of Yakima as a tribute to Ms. Akin. B. Special Presentations None C. Status report on prior meeting's citizen service request None 179 SEPTEMBER 19, 2006 D. Appointments to Council Boards and Commissions None E. Council Committee Meeting Reports • C ouncil Economic Development Committee Supplied in the Council packets. 4. Consent ag enda 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. 12 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title; McCLURE MOVED AND CAWLEY 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 June 13, June 20 and July 11, 2006 Adjourned Meetings and the July 18, 2006 Business Meeting The minutes of the June 13, and 20, 2006 Adjourned meetings and the July 18, 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. 5. Audience Participation None PUBLIC HEARINGS — 7:00 P.M. 6. Closed Record public hearing for the nomination of (12)' local National Register of Historic Places designated properties to the Yakima Register of Historic Places Vaughn McBride, Community Development Specialist, reported that on July 26, '2006, the Historic Committee held an open record public hearing to review nominations of twelve properties submitted by Artifacts. The parcels have met the criteria and are listed on the National Register of Historic Places. The Yakima Historic Preservation Commission recommends approval of the nominations of these twelve sites. • Mayor Edler opened the closed record public hearing No one came forward to speak. 2 180 SEPTEMBER 19, 2006 • Mayor Edler closed the closed record public hearing McCLURE MOVED AND JOHNSON SECONDED TO ACCEPT THE RECOMMENDATION AND DIRECT LEGAL TO PREPARE PROPER LEGISLATION. The motion carried by unanimous roll call vote. 7. Public meeting to consider final plat approval for the Plat of Hedgewood Bruce Benson, Planning Supervisor, explained today's meeting covers three long plats submitted for review for an aggregate total of 130 Tots. Each of these three plats have been reviewed by staff, recommended by the Hearing Examiner, undergone an environmental review, and received a status of non - significance. Each plat is in compliance with the Comprehensive Plan and our Zoning Subdivision Development Standards ordinance. Staff is recommending approval of this plat and also to adopt the resolution. • Mayor Edler opened the public meeting. No one came forward to speak. • Mayor Edler closed the public meeting 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 -131, A RESOLUTION approving the final plat of Hedgewood, a 28 -lot subdivision located at 1419 South 72" Avenue, and authorizing the Mayor to sign the final plat; Pete Olson is the applicant herein. 8. Public meeting to consider final plat approval for Phase 4 of the Plat of Cottonwood Grove Bruce Benson, Planning Supervisor, said this is the second of the three plats to be considered for approval. This one consists of 64 lots in the vicinity of South 87 Avenue and Tieton Drive. Staff is recommending approval. • Mayor Edler opened the public meeting. No one came forward to speak. • Mayor Edler closed the public meeting 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 -132, A RESOLUTION approving the final plat of • Phase 4 of Cottonwood Grove, a 228 -lot subdivision in five phases, and authorizing the Mayor to sign the final plat. 3 181 SEPTEMBER 19, 2006 9. Public meeting to consider the final plat approval of Phases 1 and 2 of Valleybrook subdivision Bruce Benson, Planning Supervisor, noted this plat is for Valleybrook Phases 1 and 2. There are only 28 lots in these phases located at South 72 and West Washington Avenue. Staff recommends approval. • Mayor Edler opened the public meeting. No one came forward to speak. • Mayor Edler closed the public meeting The City Clerk read the resolution by title only; JOHNSON MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -133, A RESOLUTION approving the final plat of Phases 1 and 2 of Valleybrook, a 58 -lot subdivision located northwest of the intersection of South 72 Avenue and West Washington Avenue, and authorizing the Mayor to sign the final plat for Phases 1 and 2; Zier Orchards, LLC is the applicant herein. CITY MANAGER'S REPORTS 10. Consideration of second quarter status report on capital projects from Engineering Division • Michael Morales, Deputy Director of Community and Economic Development, said they have been analyzing projects needing to be completed and put out for bid in order to make the most of grant dollars. This requires coordinating capital project activities among Engineering, Water, Wastewater, the Convention Center, the Capitol Theatre, and the private sector. Bids on two big improvement projects on W. Nob Hill Boulevard opened last month and came in significantly lower than expected. The River Road improvement project is scheduled for bid opening in a week. There is a possibility we will have an addendum on those bid specs. Council Member Johnson asked if. Burlington Northern has any plans to replace the railroad tracks on Washington Avenue. Bob Desgrosellier, Senior Engineer, said, Burlington Northern was granted safety dollars specifically for that crossing. The others crossings will only be improved as dollars become available for Burlington Northern or from the City. Mayor Edler commended the Engineering Department on the report and encouraged citizens to get a copy in order to see what projects have been completed or are in progress. 4 182 SEPTEMBER 19, 2006 *11. Consideration of Resolution authorizing Memorandum of Understanding with Yakima County Fire Protection District #10 for their contribution to purchase a brush firefighting vehicle RESOLUTION NO. R- 2006 -134, A RESOLUTION authorizing the City Manager to execute a. Memorandum of Understanding between the City of Yakima and Yakima County Fire Protection District #10 for receipt of $80,000 towards the purchase of a Brush Firefighting Vehicle to be owned and operated by the City of Yakima. *12. Consideration of Resolution authorizing execution of a professional services agreement with Otak, Inc. to update calculations of the number of Equivalent Residential Units for determining stormwater utility fees Clarence Barnett, 916 S. 17 Avenue, noted Otak's tentative schedule for completion of work is February 1, 2007. That date is after the January 1, 2007 effective date for the implementation of stormwater utility fees under Ordinance 2005 -62. In order to insure that all parcels within the city are properly identified and subject to the appropriate equivalent residential units (ERUs) for stormwater utility fees, he believes Ordinance 2005 -62 should be rescinded, or at least deferred, until all the ERUs have been properly determined, or until after completion of the work by Otak. City Manager Zais explained the history of the ordinance: • The ordinance was passed in late 2004 in anticipation of the issuance of a stormwater permit. • The permit was substantially delayed. • A public policy commission was formed and a program was developed with Ecology and other communities in the area to do a value engineering assessment of the stormwater requirement and regional utility services. • The initial study projected several million dollars in savings over the five -year program. • The permit is likely to take effect the end of this year or beginning of next year. Mr. Zais advised that at this point, it is questionable whether we would keep that ordinance in effect now or amend it. In all probability, we will see an amendment regarding the fee structure. It is still pending and we anticipate it coming to Council in mid - November. The City Clerk read the resolution by title only; McCLURE MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. Discussion covered funds borrowed from Wastewater to run the current stormwater plan, Otek completion dates, and when to begin collection of monies. Council Member Lover spoke in favor of the resolution in order to meet our deadlines. The question was called for a vote on the motion. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -135, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an agreement with Otak Engineering, Inc., an Engineering firm, for a Consultant Agreement to calculate the number of Stormwater Equivalent Residential Units (ERU) in the City of Yakima 5 • 183 SEPTEMBER 19, 2006 *13. Consideration of ratification of right -of -way use permit for Greystone Venture, LLC to place a Howard replica street clock in city sidewalk in front of the Greystone Restaurant, 5 North Front Street Right -of -way use permit was ratified. *14. Consideration of Resolution setting date of public hearing for October 17, 2006 for intent to create a sewer Local Improvement District (LID) for North 85 Avenue and Kail Drive RESOLUTION NO. R- 2006 -136, A RESOLUTION fixing the time and place for a public hearing to create a Local Improvement District (LID), for the area of North 85 Avenue and Kail Drive, in the City of Yakima Council Chambers ORDINANCES 15. Consideration of Legislation regarding Yakima's Safe Community Action Plan: A. Resolution providing for the submittal to the electors of the City of Yakima, Washington, in conjunction with the State General Election of November 7, 2006, of a municipal proposition to increase the City of Yakima's private utility tax rate on electric, telephone, gas and steam utilities by one and one -half percent (1.5 %), from six percent (6 %) to seven and one -half percent (7.5 %) to help provide additional funds to hire additional police, increase prosecution, court, jail and other related services to enhance community safety. City Manager Zais reported this is the culmination of Council's work put into formal legislation pertaining to the Safe Community Action Plan. The central component of the financial package is a ballot proposition to assist in paying for the significant plans to increase police officers, prosecution, court and other jail related services. At this meeting, Council must take steps to bring forward the ballot proposition to the voters. It requires a simple majority vote to increase the private utility tax from 6% to 7.5 %. Mr. Zais went on to explain the details of the increase and the expected results from the plan. Emma Fischbeck says she sympathizes with not having enough officers on the street but also sympathizes with the citizens who have to pay. This tax is a burden to everyone, especially the poor. She asked if there would be a sunset clause or will it go on forever? She also spoke in support of mandatory random drug testing for the police. City Manager Zais responded to the question of a sunset clause by pointing out that we are hiring officers who are looking for a career. In order to recruit and train, there is a major investment and it is a retention issue, an ongoing permanent offense against crime. That wouldn't happen if we laid off the police officers after four or five years. This is an investment in our future. 6 184 SEPTEMBER 19, 2006 The City Clerk read the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. Each Council member gave a statement about the efforts taken to develop a funding plan. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -137, A RESOLUTION providing for the submittal to the electors of the City of Yakima, Washington, in conjunction with the State General Election of November 7, 2006, of a municipal proposition to increase the City of Yakima's private utility tax rate on electric, telephone, gas and steam utilities by one and one -half percent (1.5 %), from six percent (6 %) to seven and one -half percent (7.5 %) to help provide additional funds to hire additional police, increase prosecution, court, jail and other related services to enhance community safety. B. Resolution setting a date of public hearing for October 3, 2006 to consider "for" and "against" testimony regarding the ballot proposition City Manager Zais explained that there will be a public hearing to take public testimony both pro and con. Once that is conducted, the Council may wish to take a position on the ballot proposition. The City Clerk read the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -138, A RESOLUTION setting a public hearing regarding City of Yakima Proposition No. 1, Increase in Private Utility Tax Rate to Provide Additional Funds to Enhance Community Safety 16. Consideration of Ordinance amending the gambling tax and providing for exemptions for veteran group associations Those who came forward to speak in favor of the exemption for veteran groups associations were: Vernon from the American Legion Mary Brandford from the American Legion Auxiliary Arnie Fraser from the VFW, Post 379 Clarence Barnett representing both the American Legion and the VFW The City Clerk read the ordinance by title only; JOHNSON MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2006 -45, AN ORDINANCE of the City Council of the City of Yakima, Washington, amending Yakima Municipal Code Chapter 5.49, section 5.49.020, relating to the imposition of gambling taxes upon charitable, nonprofit organizations 7 185 SEPTEMBER 19, 2006 *17. Second Reading of Ordinances amending the'2006 budget and appropriating funds for: *A. Police Department • GREAT grant • • Jail costs • Overtime ORDINANCE NO. 2006 -46, AN ORDINANCE amending the 2006 budget for the City of Yakima; and making appropriations of $442,000 within the 000 — Police Department of the General Fund for expenditure during 2006 to provide for implementation of a Gang Resistance Education and Training Program and Unanticipated Jail and Overtime Costs. *B. Fire Department / Public Safety Communications • Retirements • Maintenance and Operations cost increases ORDINANCE NO. 2006 -47, AN ORDINANCE amending the 2006 budget for the City of Yakima; and making appropriations of $80,000 within the 000 — Fire Department of the General Fund and $29,600 in the 151 - Public Safety • Communications Fund for expenditure during 2006 to provide for retirement cashouts and automotive M & 0 expenses. *C. SIED grant for Jeld -Wen road projects ORDINANCE NO. 2006 -48, AN ORDINANCE amending the 2006 budget for the City of Yakima; and making an appropriation of $260,295 in the 142 — Arterial Street Fund to make infrastructure improvements on North Sixth Avenue in the vicinity of Jeld -Wen Corporation. D. Election costs (second reading postponed to 10/3/06) 18. Other Business Council Member McClure suggested making the West Valley Fire Department Commissioners part of our outreach when we look at an annexation in their area. He and Council Member Whitman would like the annexation to go through the Intergovernmental Committee to the commission to let them know we see them as partners. By consensus, Council accepted the recommendation. • • 8 186 SEPTEMBER 19, 2006 19. Adjournment MCCLURE MOVED AND WHITMAN SECONDED TO ADJOURN TO SEPTEMBER 21, 2006 AT 7:00 P.M. AT THE YAKIMA VALLEY MUSEUM FOR AN INFORMATIONAL PUBLIC FORUM ON YAKIMA'S SAFE COMMUNITY ACTION PLAN; THEN TO SEPTEMBER 26, 2006 AT 8:00 A.M. FOR A STUDY SESSION ON THE RAILROAD GRADE SEPARATION PROJECT. The motion carried by unanimous voice vote. The meeting adjourned at 7:35 p.m. READ AND CERTIFIED ACCURATE BY qi.ifotja-GIASPV CO ► IL M : ER DATE .114i as - -mi • 1 CIL MEMBER DATE ATTEST: 410 A itAr CITY CLERK ' ''DAVID ED '; YAY•' Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's Office 9