HomeMy WebLinkAbout10/03/2006 Business Meeting 195
BUSINESS MEETING
OCTOBER 3, 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, and Neil McClure
Staff: City Manager Zais, City Attorney Paolelia and City Clerk Moore
Absent: Council Member Whitman (excused)
2. Executive Session regarding Property Acquisition
JOHNSON MOVED AND LOVER SECONDED TO MOVE INTO EXECUTIVE
SESSION. The motion carried by unanimous voice vote; Whitman absent.
6:00 P.M. PUBLIC SESSION
1. Roll CaII
Present:
Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender,
Micah Cawley, Norm Johnson, Bill Lover, and Neil McClure
Staff: City Manager Zais, City Attorney Paolelia and City Clerk Moore
Absent: Council Member Whitman (excused)
2. Invocation /Pledge of Allegiance — Council Member Micah Cawley
Council Member Cawley gave an invocation and led the Pledge of Allegiance
3. Open Discussion for the Good of The Order /Special Presentation
A. Proclamations:
• Fire Prevention Week — 10/ 8 -14/06
Council Member Bonlender read a proclamation declaring October 8 through
14, 2006 as Fire Prevention Week. Deputy Chief Steve Scott accepted the
proclamation.
• Make a Difference Day — 10/28/06
Council Member Johnson read a proclamation declaring October 28, 2006 as
the Southeast Community Center's annual Make a Difference Day. Ester
Huey accepted the proclamation.
B. Special Presentations:
Dave Brown introduced Jeff Bond as the new Water Treatment Plant
supervisor
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C. Status report on prior meeting's citizen service request
D. Appointments to Council Boards and Commissions
E. Council Committee Meeting Reports
• Council Neighborhood Development Committee (9/26/06)
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. No changes were requested. 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; Whitman 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 July 11 and August 1, 2006 Business
Meetings and the July 14 and July 25, 2006 Adjourned Meetings and
the August 8, 2006 Special Meeting
The minutes of the July 11 and August 1, 2006 Business Meetings and the July 14
and July 25, 2006 Adjourned Meetings and the August 8, 2006 Special 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:
Emma Fishbeck requested an update on the police drug testing issue. City
Manager Zais responded that the City is at an impasse on the proceedings with
the police covering wages and drug testing. They are now going through state
procedures and an arbitrator will be selected. He suggested she share her
opinions about the matter with the YPPA Executive Board Director, Sgt. Hester.
Mary McDaniels, representing A -1 Jumpers, announced they are sponsoring a
free kids day at Track 29 on Saturday, October 21.
Lynne Kittelson, 305 N. 9th Street, advised Council of a community event, "Dia de
los Muertos" taking place on October 28 through November 11. She also invited
the Council to a "Then and Now" walk in the downtown area sponsored by the
League of Women Voters on October 17.
Dion Martin, property owner at 78 and Nob Hill, advised that he had received a
letter in July from the City advising that they are going to take fifteen feet of his
property to widen the road. He asked to be advised on what is actually
happening. Mayor Edler assured him that city staff will respond to his question.
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PUBLIC HEARINGS
6. Public hearing on ballot proposition regarding increase in private utility tax
rate to provide additional funds to enhance community safety
City Manager Zais announced that this was a public hearing for citizens to
express their comments on Ballot Proposition #1, established for the purpose of
funding the Safe Community Action Plan designed to add an additional 22 police
officers over the next 3 1/2 years to target proactive policing. It will also support
the criminal justice system for jail cost increases, prosecution, indigent defense
and all necessary support. Community safety is the number one priority for this
Council. He clarified that the hearing is focusing exclusively on the ballot
proposition. He then gave a brief overview of the plan.
Captain Jeff Schneider confirmed that the major reason for the proposal is that
Yakima has the highest crime rate of any major city in Washington State and we
also have one of the lowest officers per thousand population. He went on to
describe the benefits of the plan.
City Manager Zais explained that the intent of the hearing is to receive public
testimony, both pro and con, about the proposition. Following the hearing,
Council has several options. They can choose to remain neutral, oppose it, or
vote to endorse, but that can only be done after a public hearing is held and
public testimony is entered into the record.
Mayor Edler opened the public hearing
Sandra Swanson, South 7 Avenue and Co- director of the STOP Committee,
commented that government's first priority is protection. Since the public already
pays taxes for these services, they should be covered before all other services.
She felt that the population increase is due to annexations, therefore, increased
taxes from the annexations should pay for the increased police services
required.
Mike Morrisette, President of the Yakima Valley Greater Chamber of Commerce,
and involved with the Citizens for a Safe Yakima Valley, spoke about what that
organization has done to help the law enforcement agencies. He said the
Chamber will support the proposition, because if it's not us, who, and if it's not
now, when. All the things we want to happen in Yakima will require more police
and more professionals. Our vision is a Yakima Valley known far and wide as
safe, diverse, and clean.
Bob Powers, the Chair of the Greater Yakima Chamber of Commerce. noted that
safety is a critical issue for the future of our business community and spoke in
support of the private utility tax. He said that, although it is never popular to
support a tax, it is less popular to have one of the highest crime rates. He
suggested considering the creation of a safety improvement district for a self -
imposed tax to help support this issue.
Mary McDaniels, 905 Walker Street, spoke in support of the plan.
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Charles Stice opposes the tax because he cannot afford it and doesn't believe in
increasing support to a justice department that does not want to be drug tested.
Until the arbitration with the police department is settled he doesn't believe a tax
increase is warranted.
Bill Hambleton, 615 South 32 Avenue, expressed concern about it taking four
years to get all the additional staff on board. He wanted to know what the plans
were beyond that timeframe.
Ken Marble, 301 North 76 Avenue, President and owner of Horizon Distribution,
said that, although he is not one to support tax increases, we have a crime
problem in this city. He is pleased that Chief Granato has a plan and feels it is
worth paying extra taxes.
Ester Huey spoke in support of the plan and the ballot measure.
Mike Noble, 5609 West Arlington, asked what happens if the crime rate does not
drop? He wanted to see a way to measure it's effectiveness and, if it is
ineffective, to have the courage to rescind the tax.
Kathleen McDonald, 2702 Summitview and the Executive Director of EPIC, said
she worked with Police Chief Granato on the emphasis patrol and saw the
results; crime was reduced significantly. We know it works. She urged the
Council and citizens to vote yes.
Bill Dolsen, 213 Observation Drive, spoke in support of the proposition. He said
he is fed up with the crime in Yakima and if the proposition doesn't pass, the
citizens wouldn't have to worry about the underpass because no one will come to
live here. He spoke about the difficulty of recruiting physicians, and others, to
Yakima when it has the highest crime rate. He is afraid that if we don't pass the
initiative, we will lose our town.
• Mayor Edler closed the' public hearing
McCLURE MOVED AND JOHNSON SECONDED TO ENDORSE
PROPOSITION 1. Each Council member spoke in support of the proposition
prior to voting. The motion carried by unanimous roll call vote; Whitman absent.
Following a short break the meeting reconvened at 8:13 p.m. with Item 8.
CITY MANAGER'S REPORTS
7. Consideration of Resolution authorizing negotiations for right -of -way
acquisition for Railroad Grade Separation Project
Michael Morales, Deputy Director of Community and Economic Development, said
that at the study session held last week they advised they would bring back a
resolution authorizing the City to engage in right -of -way negotiations. They are also
recommending re- engaging the Transportation Committee to review the steps in the
process. A function of the final design phase is to have a right -of -way plan
presented to the Department of Transportation, Federal Highways, for approval.
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OCTOBER 3, 2006
Following that, we would look at specific transactions on a per - property basis.
Council Member Johnson questioned the timing of the resolution since we do not
have the final design. A discussion ensued. Council Member Cawley asked about
phasing the project. Mr. Morales said the idea of phasing came out of a financial
discussion due to a significant shortfall. We cannot award a contract if we don't
have the money. Depending on our financial situation at the time we go out to bid,
we could bid on each underpass separately.
Ken Harper, legal counsel for the City, drew attention to a part of the agenda
statement that says, if this resolution passes, it will invoke a SEPA notice of action
process. The SEPA lawsuit limitation period is 21 days.
Mark Peterson said the underpass project has been staff driven for the last 5 %2
years. He accused staff of non - responsiveness and supplying bad data.
David Picatti, President of the North Front Street committee, encouraged Council to
take this to the final design stage and make their decisions based on that outcome.
He pointed out that this resolution is not a yes or no on the entire project.
Lynne Kittelson, 305 N. 9th Street, said there once was a contingency attached to the
money that there must be some way of getting across the tracks at every crossing in
Yakima, including Yakima Avenue. She asked if that contingency was still in effect?
She doesn't want to see Yakima Avenue disturbed. She also asked why the City
was going to adopt the environmental assessment as a substitute for preparing a
SEPA review?
Jamie Carmody, representing Helliesen Lumber and Elliott Tire, claimed they were
given Council assurances of a full economic analysis at the outset of the project.
They are of the opinion that this project will destroy these businesses and they had
asked for protection from the City. He said at the February 17, 2004 Council
meeting, they were given assurance that protection would be put into effect before
actions were taken. Today, the only option left is for them to file a SEPA challenge to
the court. They believe the businesses will incur eight to twelve months of a lack of
access while the road is being built in front of their properties. He also stated that it
doesn't make sense to move forward with the project when you are significantly
under funded and don't have your final design.
Larry Mattson asked, where is the vision? He told Council to acquire the right of way
and get started. He was on Council when the project began; it was a good project
then and is a good project now. Using the Alaskan Way viaduct and the 1 -90
projects as examples, he emphasized that delay just makes the cost go higher. He
encouraged Council to move forward now.
The City Clerk read the resolution by title only; McCLURE MOVED AND
BONLENDER SECONDED TO ADOPT THE RESOLUTION. Council Members
McClure and Bonlender spoke in support of the project. Council Member Johnson
said that because we do not have a final design or an economic analysis he would
like it tabled until those two items are completed. JOHNSON MOVED AND LOVER
SECONDED TO TABLE THE RESOLUTION. The motion failed by a 4 -2 roll call
vote; Bonlender, Cawley, Edler,'and McClure voting nay; Whitman absent. Council
Member Lover expressed concern about the way this project is moving forward as
well as the cost increases. He would like to see it slowed down and reviewed in
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OCTOBER 3, 2006
detail before moving forward. Council Member Cawley said we have already lobbied
for the money and we should move forward. The question was called for a vote
on the motion. The motion carried by a 4 -2 roll call vote; Johnson and Lover voting
nay; Whitman absent.
RESOLUTION NO. R- 2006 -149, A RESOLUTION regarding grade separation
improvements to Lincoln Avenue and Martin Luther King, Jr., Boulevard and
authorizing negotiations for right -of -way acquisition
8. Consideration of Resolution adopting findings of fact and conclusions of law
regarding Wal -Mart land use application at 64 Avenue and Nob Hill Boulevard
Jeff Cutter, Assistant City Attorney, clarified that this is Council's final act with regard
to the Wal -Mart application process. They have reviewed the document setting out
the process that has taken place since the application was first considered by the
Hearing Examiner, which contained his initial decision, the appellate process, the
remand, and City Council's final consideration of issues and determination of each
condition and ultimate conclusion.
Council Member McClure questioned City Council's position on Condition #7 with
regard to lot coverage. McCLURE MOVED AND JOHNSON SECONDED TO
SUPPORT THE HEARING EXAMINER'S FINDINGS AND CONCLUSIONS
WITHOUT MODIFICATION AND REQUIRE THAT THE LOT COVERAGE NOT
EXCEED 78 %. The motion carried by a 5 -1 roll call vote, Edler voting nay and
Whitman absent.
Council Member McClure questioned page 10 under City Council position, Condition
18. It mentions 3 to 6 decibel impact on'homes laying to the north, but this a vacant
field with no homes. He suggested the wording is unnecessary and asked to have the
words "to the north" eliminated.
JOHNSON MOVED AND LOVER SECONDED TO HAVE "INCLUDING BUT NOT
LIMITED TO A FIVE -LANE ROADWAY, CURBS, GUTTERS, SIDEWALKS, AND
STREETLIGHTS" INCLUDED IN ITEMS 39A AND 42. The motion carried by
unanimous voice vote; Whitman absent.
Jamie Carmody, Attorney for the Concerned Citizens of Yakima, referred to wording
on page 17, page 21 and page 54, that says the Nob Hill Boulevard improvements
required are subject to United State Supreme Court rulings in Nolan and Dolan. He
didn't believe that was a part of the language or the decision and felt it put in place
an ambiguity where there could be 'an administrative adjustment or modification
based on someone's interpretation and that was not the decision. He asked for that
phrase to be removed from page 17, the bottom of 21 and ultimately in Condition
39A.1 on page 54. The right of proportionality is covered by the decision that there
could be a latecomer's agreement or reimbursement contract. He also noted that
this condition was supposed to include that these improvements be put in place
before the store opens
Mr. Danysh spoke about the certificate of occupancy issue raised by Wal -Mart. The
restriction that these improvements must be in place before a certificate of
occupancy can be issued could be imposed in addition to the language already in
those four locations. He noted that the development agreement is another way of
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OCTOBER 3, 2006
accomplishing it. Following discussion, BONLENDER MOVED AND JOHNSON
SECONDED TO INCLUDE THE HEARING EXAMINER'S PHRASE IN THE FACTS
AND FINDING DOCUMENT: "THE IMPROVEMENT MUST BE COMPLETED
PRIOR TO OCCUPANCY OF PHASE 1 UNLESS RIGHT -OF -WAY ACQUISITION
PROBLEMS DELAY COMPLETION THROUGH NO FAULT OF THE APPLICANT
IN WHICH CASE THE APPLICANT MUST PROVIDE A BOND TO ENSURE
COMPLETION." The motion carried by unanimous roll call vote; Whitman absent.
LOVER MOVED AND JOHNSON SECONDED TO REMOVE REFERENCES TO
THE NOLAN AND DOLAN CASES. The motion failed by a 4 -2 vote; Cawley, Edler,
McClure, and Bonlender voting nay; Whitman absent.
The City Clerk read the amended resolution by title only; LOVER MOVED AND
JOHNSON SECONDED TO ADOPT THE AMENDEDRESOLUTION. Council
Member Bonlender spoke against the resolution as he believes it is an economic
transfer not an economic development. The question was called for a vote on the
motion. The motion carried by a 4 -2 roll call vote; Bonlender and Cawley voting -
nay, Whitman absent.
RESOLUTION NO. R- 2006 -139, A RESOLUTION approving the attached and
incorporated Findings of Fact, Conclusions of Law and Final Decision of the Yakima
City Council following appeal to the Yakima City Council of the Hearing Examiner's
recommendation in the Matter of Class (3) Review Of an Application Submitted by
CLC Associates For Approval of a Proposed Wal -Mart Superstore Facility with
Associated Commercial Uses in the CBDS Zone, and remand by City Council for the
Hearing Examiner's further consideration of certain issues.
9. Consideration of Resolution authorizing execution of a multi - family housing
limited property tax exemption agreement with Bon Lofts, LLC
Bill Cook, Director of Community and Economic Development, noted that this is the
first project under the limited tax exemption program. Approval of the resolution
allows the developer to begin. 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; Whitman absent.
RESOLUTION NO. R- 2006 -140, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute a Multi - Family Housing Limited Property Tax
Exemption Agreement with Bon Lofts L.L.C. to establish the specific conditions
for development of multi - family residential units in compliance with Chapter
84.14 RCW and Yakima Municipal Code Ordinance 2006 -37, in order to permit
the Bon Lofts L.L.C. to participate in the tax exemptions permitted by statute for
qualifying costs of said development, as provided in said Agreement.
10. Consideration of Resolution to approve projects for the 2006 allocation of the
Commercial Revitalization Deduction
Michael Morales, Deputy Director of Community and Economic Development,
advised that, every year through 2009, they will bring projects to Council for
allocation of tax reduction. He reported they were able to use the full allocation this
year. These project allocation have gone before the Council appointed Allocation
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OCTOBER 3, 2006
Committee and the Economic Committee has been advised. 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; Whitman
absent.
RESOLUTION NO. R- 2006 -141, A RESOLUTION approving projects for the
2006 allocation of the federal Renewal Community Commercial Revitalization
Deduction, and directing the City Manager to submit the list of approved projects
to the Washington State Department of Community, Trade and Economic
Development (CTED) for ratification and commitment.
*11. Second quarter financial budget expense report
The second quarter financial budget expense report was approved.
*12. Consideration of Resolution declaring the City's intent to issue bonds or other
tax - exempt obligations and to reimburse any prior expenditures from bond
proceeds that may be incurred for Phase II of the Downtown Project, River
Road Project (s) and the West Valley Fire Station remodel project.
RESOLUTION NO. R- 2006 -142, A RESOLUTION by the City Council of the City
of Yakima declaring the City's intent to issue bonds and /or other tax - exempt
obligations and to reimburse prior expenditures.
*13. Consideration of Resolution ratifying execution of an agreement between the
City of Yakima and the Yakima Sunfair Festival Association for the Sunfair
Parade
RESOLUTION NO. R- 2006 -143, A RESOLUTION ratifying the City Manager's
execution of an agreement between the City of Yakima and the Yakima Sunfair
Festival Association for the arrangement of tourist promotion services for the
Sunfair Parade.
*14. Consideration of Legislation regarding renovation of Fire Station 92:
A. Resolution authorizing the City Manager to execute a general service
contract with PacifiCorp regarding equipment upgrade for more electrical
power
RESOLUTION NO. R- 2006 -144, A RESOLUTION authorizing the City Manager
to execute a general service contract with PacifiCorp requiring PacifiCorp to
upgrade its equipment to provide more electrical power to Fire Station 92.
B. Resolution authorizing the City Manager to execute a right -of -way
easement to PacificCorp permitting re- location of a power pole
RESOLUTION NO. R -2006- 145, A RESOLUTION authorizing the City Manager
to execute a right of way easement to PacifiCorp permitting the re-location of a
power pole.
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OCTOBER 3, 2006
*15. Consideration of Resolution authorizing execution of professional services
agreement with Wardell Architects for remodel of the Yakima Police
Department forensic laboratory
RESOLUTION NO. R- 2006 -146, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute an Agreement for Professional
Services with Wardell Architects, P.S., to provide professional assistance to the
City of Yakima Police Department for project design and oversight of the
remodel of the Yakima Police Department Crime Lab.
*16. Consideration of Resolution transferring a surplus used police truck to the
Ellensburg Police Department
RESOLUTION NO. R- 2006 -147, A RESOLUTION declaring a used police truck
to be surplus and authorizing its transfer to the Ellensburg Police Department.
*17. Consideration of Resolutions authorizing execution of professional services
contracts with PLSA to perform surveying services for Nob Hill Boulevard and
Fair Avenue Intersection Improvement Project
RESOLUTION NO. R- 2006 -148, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute a professional
services agreement with PLSA, in an amount not exceed $10,000.00, for
surveying services on the Nob Hill Boulevard -Fair Avenue Intersection
Improvement Project.
*18. Set Date of public meeting for October 17, 2006 to consider final plat
approval for Phase 1 of the Plat of Englewood West Subdivision
October 17, 2006 was set as the date of public meeting to consider final plat
approval for Phase 1 of the Plat of Englewood West Subdivision
ORDINANCES
*19. Consideration of Ordinance amending the 2006 budget and appropriating
funds for purchase of radio equipment for Yakima Police Department
An Ordinance amending the 2006 budget and appropriating funds for purchase of
interoperable radio equipment, to be utilized during management of emergency
situations, was read by title only, and laid on the table until October 17, 2006 for a
second reading.
*20. Consideration of Ordinance,amending the 2006 budget and appropriating
funds for SIED Grant for Fiesta Foods
An Ordinance amending the 2006 budget and appropriating funds to make infrastructure
improvements on Fair Avenue and Nob Hill Boulevard, was read by title only, and laid on
the table until October 17, 2006 for a second reading.
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21. Other Business
Council Member Bonlender advised that the Downtown sub - committee is preparing
for a New Year's Eve party and would like Council to approve the use of City transit
buses for this event.
22. Adjournment
McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO OCTOBER
10, 2006 AT 8:00 A.M. FORA STUDY SESSION ON THE COMPREHENSIVE
PLAN UPDATE TO BE HELD IN THE CITY COUNCIL CHAMBERS. The
motion carried by unanimous voice vote; Whitman absent.
The meeting adjourned at 8:55 p.m.
READ AND CERTIFIED ACCURATE BY
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CITY CLERK D a ID EDLE'�'('r T —
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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