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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 1.96 OCTOBER 3, 2006 • 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. 2 197 OCTOBER 3, 2006 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. 3 198 OCTOBER 3, 2006 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. 4 199 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 5 200 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 6 201 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 7 202 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. 8 203 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. 9 • 204 OCTOBER 3, 2006 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 CO Pdg (/�t� DG L Eft �t DATE COUNCIL MEMBER DATE ATTEST: 0 1 1 O to sue_ , i% �j/� 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 10