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
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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.
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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.
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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.
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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
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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.
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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
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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.
•
•
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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
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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
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