HomeMy WebLinkAbout11/07/2006 Business Meeting 221
BUSINESS MEETING
NOVEMBER 7, 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 Paolelia and City Clerk Moore
2. Executive Session regarding Pending and Prospective Litigation
JOHNSON MOVED AND McCLURE SECONDED TO MOVE INTO EXECUTIVE
SESSION TO DISCUSS PENDING AND PROSPECTIVE LITIGATION. 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 Paolelia and City Clerk Moore
2. Invocation /Pledge of Allegiance
Mayor Edler gave an invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of The Order /Special Presentation
A. Proclamations
None
B. Special Presentations
1. Yakima Convention Center Futures Plan — Julia Walton and Kathy
Coffey
Julia Walton, a consultant with AHBL, gave a preview of future expansion
plans for the Convention Center. The three goals they were hired to
accomplish were: 1) develop near -term improvements for the campus, 2)
develop a long -term plan for future improvements and expansions, and 3)
assist with marketing through the website.
They hope to create an outside pedestrian event plaza on 8th Avenue that
can be used through most of the seasons, flanked by a future expansion
building immediately across from the Convention Center. In the near term,
they will review making 8 Street more of a boulevard by designing a curve
into the east parking lot. It was noted that the Convention Center had a
record month of sales in October.
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2. New Year's Eve Party— Yakima Downtown Association
Victor DeLong, a member of the Yakima Downtown Association and the
Farmer's Market, gave a recap of last year's New Year's Eve event and
described the plans for the 2 one. He requested City Council approval of
the event and for the City to provide a street sweeper the next day. He
asked for approval of free bus service as it would eliminate the problem with
parking and minimize the risk of accidents. BONLENDER MOVED AND
JOHNSON SECONDED TO APPROVE THE EVENT. The motion carried by
unanimous voice vote.
3. Visit to Sister City Morelia — Council Member Whitman and
delegation members
Council Member Whitman gave a presentation of the delegation's trip to
Morelia. She presented gifts that were sent from Morelia to Mayor Edler and
the City Council.
4. Yakima Police Department Emphasis Patrol — Chief Granato
Captain Grreg Copeland described how they undertook an Emphasis Patrol
in District 2 (between 1 and 8th and Spruce and Race Streets) during the
first three weeks of October for a total of 13 days. It did not have as
dramatic an effect on crime previous emphasis patrols had.
Students from a Selah High School history class were recognized for their
attendance.
C. Status report on prior meeting's citizen service request:
1. Petition from residents adjacent to 45 Avenue between
Summitview and Chestnut requesting traffic calming measures
Shelley Willson, Streets and Traffic Operations Manager, acknowledged
petitions have been received from two neighborhood groups. The neighbors
have been informed that this is a Council policy issue and that they would be
contacted once we receive direction from Council.
2. Update on Doty Project — Joe Caruso and Ken Harper
Joe Caruso, Supervising Code Inspector, gave a brief report on the Doty
Project. There has been minimal construction activity and minimal
complaints over the last two years. Most of the complaints have been on
areas that the Code Enforcement Division has no authority over; e.g. not
having a lawn, houses needing paint, and the overall look of properties. A
structural engineering report determined that the structure at 4401 Alpine
Way had to be demolished. The houses at 4400 and 4404 Alpine Way are
also in very bad shape on the inside. They have been boarded up and now
fall under the criteria of the Vacant Building Ordinance. There is no limit in
the ordinance as to how long they can stay boarded up. It may be
appropriate to review the ordinance for modification.
D. Appointments to Council Boards and Commissions
None
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4. Consent agenda
*All items listed with an asterisk ( *) are considered routine by the City Council and
will be enacted by one motion without discussion. A citizen may request Council to
remove an item from the Consent Agenda, and if approved, it will be considered in
its normal sequence on the 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. Items No. 19 and 21 were removed and Item No. 22 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.
*A. Approval of the minutes of the August 29, September 5 and
September 19, 2006 Business Meetings; August 31, September 6,
September 12 and September 13, 2006 Adjourned meetings
The minutes of the August 29, September 5 and September 19, 2006 Business
meetings; and the August 31, September 6, September 12, and September 13,
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.
*B. Council Committee Meeting Reports:
1. Neighborhood Development Committee (10/11)
2. Council Public Safety Committee (10/11)
3. Council Rules and Procedures Committee (10/18)
The Council Committee meeting reports were accepted without further comment.
5. Audience Participation
No one came forward.
PUBLIC HEARINGS — 7:00 P.M.
6. Public Hearing and Consideration of an Ordinance concerning Vander
Houwen Annexation
Bruce Benson, Planning Supervisor, explained the annexation is approximately
ten acres of vacant land located south of Scenic Drive and west of 74 Avenue.
It has an assessed valuation of $230,400.
® Mayor Edler opened the public hearing.
No one came forward.
• Mayor Edler closed the public hearing.
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The City Clerk read the ordinance by title only; McCLURE MOVED AND
CAWLEY SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 2006 -52, AN ORDINANCE concerning annexation; annexing
the Vander Houwen Annexation area to the City of Yakima; maintaining the
current zoning of the area; providing for notice to the WUTC of the City's intent
to provide residential refuse collection and disposal service; assumption of the
City's current indebtedness by properties in the Vander Houwen Annexation
area; and an effective date of December 10, 2006.
7. Public Hearing and Consideration of an Ordinance to create proposed
sewer LID improvements in the area of North 85 Avenue and Kail Drive
Bob Desgrosellier, Senior Engineer, explained that this issue had been deferred
while the residents determined whether they wanted to proceed with
improvements privately or publicly. Mr. Isaaks said he had spoken with the
group, advised them of his concerns and he no longer felt it was appropriate to
do the project privately.
• Mayor Edler opened the public hearing.
Doug Headley, 213 N. 85 Avenue , and Dennis Witcher, 8511 Kail Drive, spoke
in favor of the LID.
• Mayor Edler closed the public hearing.
The City Clerk read the ordinance by title only; McCLURE MOVED AND
CAWLEY SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 2006 -53, AN ORDINANCE providing for the improvement of
certain property by constructing an 8 -inch public sewer system; establishing a
,Local Improvement District, providing for the method of payment thereof, and
creating a special fund.
8. Public Hearing for consideration of the Hearing Examiner's
recommendation to vacate a portion of the public right -of way of North 74
Avenue and West Englewood Avenue
Bill Cook, Director of Community and Economic Development, explained this is a
partial vacation that will allow a previously approved plat to go forward. It is
staff's recommendation to pass the ordinance.
• Mayor Edler opened the public hearing.
No one came forward.
• Mayor Edler closed the public hearing.
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The City Clerk_read the ordinance by title only; JOHNSON MOVED AND
McCLURE SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 2006 -54, AN ORDINANCE relating to land use, vacating a
certain portion of street right -of -way identified as a portion of an undeveloped
street right -of -way Tying along the Westerly line of Tracts 37 and 44 in the Plat of
YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in
Volume "E" of Plats, page 81, records of Yakima County, Washington described
as follows: Beginning at the Northwest corner of said Tract 37; thence South,
along the West line of said Tracts 37 and 44, 810.20 feet; thence West 20 feet;
thence North, 810.20 feet; thence East 20 feet, to the Point of Beginning.
9. Public Hearing and Consideration of Ordinance regarding deferring
stormwater utility fees to January 2008
Chris Waarvick, Public Works Director, said they expect the stormwater permit to
be issued no earlier than December. Council Member McClure pointed out that
the Stormwater utility is a mandate from the federal government being
implemented by the state and forced to be paid for locally. We are diligently
working to comply as leanly as possible.
• Mayor Edler opened the public hearing.
No one came forward.
• Mayor Edler closed the public hearing.
The City Clerk read the ordinance by title only; McCLURE MOVED AND
WHITMAN SECONDED TO PASS THE ORDINANCE. The motion carried by
unanimous roll call vote.
ORDINANCE NO. 2006-55, AN ORDINANCE relating to the stormwater fee for
the storm drainage and surface water management utility; deferring the
implementation of the stormwater fee; amending Sections 7.80.110 and
7.80.170 of Chapter 7.80 of the City Yakima Municipal Code to reflect said fee
deferral; and providing for related matters.
10. Public Hearing and Consideration of Approval of draft 2007 ONDS Annual
Action Plan
Due to the lateness of the hour, the staff presentation on the draft 2007 ONDS
Annual Action Plan was deferred for a week.
Bill Cobabe, Office of Community and Neighborhood Development, explained
that the 30 -day comment period on the action plan had just ended and this public
hearing is an opportunity to receive more comments from the public. At the
conclusion of the public input process, the Council should move to adopt or
amend and adopt the plan as it needs to be submitted to HUD by the 15 of
November.
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• Mayor Edler opened the public hearing.
Javier Gutierrez, 313 South 3rd Street, would have liked to comment but could
not because he had not read the plan. Although notices of all the meetings were
published, he had missed them and felt the City needed to do a better job of
informing the public. Mr. Cobabe explained that there has been a lengthy public
input process that started in the summer. There were two public meetings held
in the public parks and both were noticed at least two weeks in advance in the
newspaper in both Spanish and English. This hearing has also been in the .
newspaper for two months, in the Legal section and under public notices, in both
Spanish and English. We have far exceeded the requirements of the law.
John Mahaney said he has been a recipient of the program and is very
appreciative.
Mr. Cobabe read a letter received from Hiacynth Derby, a recent beneficiary of
the program. She was very thankful and urged Council to continue funding the
program.
City Manager Zais advised that we will still be able to entertain new proposals
and requests throughout the year, but if that is done, another public hearing will
be required. It will also require an additional 30 -day comment period.
• Mayor Edler closed the public hearing.
The City Clerk read the resolution by title only; McCLURE MOVED AND
BONLENDER SECONDED TO ADOPT THE RESOLUTION. The motion
carried by unanimous roll call vote.
RESOLUTION NO. R- 2006 -153, A RESOLUTION approving the 2007
Community Development Block Grant and HOME Investment Partnerships
Annual Action Plan, and directing staff to submit the plan to HUD for review and
approval.
CITY MANAGER'S REPORTS
*11. Consideration of Resolution authorizing sole source purchase of a
Toastmaster Meeting and Event Recording System from Rushworks
RESOLUTION NO. R- 2006 -154, A RESOLUTION authorizing the City Manager
to purchase a Toastmaster Meeting and Event Recording System from
Rushworks to enhance and upgrade the video production capabilities and quality
of equipment used to telecast events from the Yakima City Hall Council
Chambers, for a purchase price not to exceed $40,000 (plus sales tax), as a
sole source purchase without calling for bids, and further directing the City
Manager to execute all appropriate and necessary documents to complete the
purchase and transaction.
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*12. Consideration of Resolution authorizing a joint use agreement with Yakima
School District No. 7 for City -owned and District -owned facilities
RESOLUTION NO. R- 2006 -155, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute a "Joint Use Agreement" between the City of
Yakima and Yakima School District No. 7. to efficiently use each other's facilities
to provide services to the local community.
*13. Consideration of Resolution authorizing an agreement with Immigration and
Customs Enforcement (ICE) for the purpose of receiving reimbursable costs
incurred by the Yakima Police Department for providing resources to a joint
operation /task force
RESOLUTION NO. R -2006 -156. A RESOLUTION authorizing and directing the
City Manager to enter into an agreement with Immigration and Customs
Enforcement (ICE) for the purpose of receiving reimbursable costs incurred by
the Yakima Police Department for providing resources to a joint operation /task
force.
*14. Consideration of Resolution authorizing the senior nutrition agreement with
Yakima County Department of Food Services
RESOLUTION NO. R- 2006 -157, A RESOLUTION authorizing the City Manager
and City Clerk to execute Senior Nutrition Agreement between Yakima County
Department of Food Services and the City of Yakima to provide food and
nutrition services to eligible older citizens participating in the Daybreak Adult Day
Services program at the Harman Center.
*15. Consideration of Resolution authorizing the annual renewal of the City
Manager's authority to resolve and settle any claims against or by the City in
an amount of $100,000 or less
RESOLUTION NO. R- 2006 -158, A RESOLUTION authorizing annual renewal of the
City Manager's authority to resolve and settle any claims against or by the City in an
amount of $100,000 or less, and to execute all documents necessary to the
resolution or settlement of such claims.
*16. Consideration of Resolution authorizing amendment to the Black and Veatch
contract for engineering services related to the Wastewater Treatment Plant
RESOLUTION NO. R- 2006 -159, A RESOLUTION giving the City manager
authority for approving expenditures of budgeted funds for Engineering services
and construction of improvements for the Wastewater Treatment plant (WWTP)
and Collection System.
*17. Approval of final contract payments for Irrigation System for services
performed by Trenchless Construction Services LLC:
A. West Yakima Irrigation System Improvement, Project No. IR2099
(Standard Motion V -B -- accept project and approve final payment)
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The report from Huibregtse Louman Associates, Inc. dated August 30, 2006, with
respect to the completion of the work on the West Yakima Irrigation System
Improvement Project No. IR2099, performed by Trenchless Construction Services
LLC, was approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
B. General 308 Irrigation System Phase 2 /Stage 2, Project No. IR2059
(Standard Motion V -B -- accept project and approve final payment)
The report from Huibregtse Louman Associates, Inc. dated August 30, 2006, with
respect to the completion of the work on the General 308 Irrigation System Phase
2 /Stage 2 improvements, Project No. IR2059, performed by Trenchless
Construction Services LLC, was approved, the work accepted and payment of the
final estimates as therein set forth was authorized.
*18. Consideration of Resolution authorizing execution of a Bus Shelter License
Agreement with Fred Meyer Stores, Inc. regarding construction of a new bus
shelter
RESOLUTION NO. R- 2006 -160, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute a Bus Shelter. License Agreement with Fred
Meyer Stores, Inc. regarding construction of a new bus shelter adjacent to the
Fred Meyer Store on 40 Avenue
19. Consideration of Resolution expressing intent to re -form a parking and
business improvement area (PBIA) in the North Front Street area of
downtown Yakima and setting a date of public hearing for November 21,
2006
Council Member Lover asked why the County jail and the Health District building,
a parking lot, and two drive -thru banks were included. Bill Cook, Community and
Economic Development Director, explained that the Front Street Association
brought the item forward. They want to expand across Yakima Avenue to be
able to establish banners. They did contact both of the banks who expressed an
interest in participating. City Manager Zais reminded the Council that this item is
just to set a public hearing. It will not be acted on until November 21
WHITMAN MOVED AND LOVER SECONDED TO SET THE DATE OF PUBLIC
HEARING FOR NOVEMBER 21, 2006. The motion carried by unanimous roll
call vote.
RESOLUTION NO. R- 2006 -161, A RESOLUTION expressing the Yakima City
Council's intent to re -form a parking and business improvement area (hereinafter.
"PBIA "); and fixing a time, date, and place for a public hearing on reformation of
said PBIA in the North Front Street area of downtown Yakima.
*20. Set Date of Closed Record Public Hearing for November 21, 2006 at 7:00
p.m. to consider preliminary plat approval for Canterfield Estates located at
1402 Spring Creek Road.
November 21, 2006 was set as the date of closed record public hearing to consider
preliminary plat approval for Canterfield Estates.
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ORDINANCES
21. Consideration of Ordinance relating to vehicle impounds amending the
Yakima Municipal Code regarding storage of junk vehicles
Council Member Bonlender explained the intent of the ordinance is the elimination of
junk vehicles not regular vehicles that are parked on the street. A notice will be
given to offenders and if there is no response, the vehicle will be towed. The City
Clerk read the ordinance by title only; McCLURE MOVED AND CAWLEY
SECONDED TO PASS THE ORDINANCE. The motion carried by a 6 -1 roll call
vote; Lover voting nay.
ORDINANCE NO. 2006 -56, AN ORDINANCE relating to vehicle impounds;
allowing a junk vehicle to be stored on private property when the junk vehicle is
screened from public view by a six -foot fence, removing the exception that allows
a junk vehicle to be kept on private property if covered or screened from public
view, and fixing a lettering error contained in 9.47.040; and amending Sections
9.47.030 and 9.47.040 of the City of Yakima Municipal Code.
*22. Other Business
Set Date of Public Meeting for November 21, 2006 to consider final plat
approval for Phase 1 of the Plat of Englewood West Subdivision
November 21, 2006 was set as the date of public meeting to consider final plat
approval for Phase I of the Plat of Englewood West Subdivision.
23. Adjournment
McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO NOVEMBER
14, 2006 AT 8:30 A.M. FOR CITY COUNCIL BUDGET REVIEW; THEN TO 3:00
P.M. FOR A JOINT PUBLIC HEARING WITH YAKIMA COUNTY REGARDING
THE 2006 DRAFT COMPREHENSIVE PLAN UPDATE AND CONTINUING TO
NOVEMBER 16, 2006 AT 3:00 P.M. (IF NEEDED), THEN TO NOVEMBER 21,
2006 AT 8:30 A.M. FOR CITY COUNCIL BUDGET REVIEW. The motion carried
by unanimous voice vote.
The meeting adjourned at 7:40 p.m.
READ AND CERTIFIED ACCURATE BY ���
CO NCIL MEMBER DATE
41 C OJT rd -6
Le_A-0-La COUNCIL MEMBER DATE
ATTEST:
CITY CLERK iDAVID EDL
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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