Loading...
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. 222 NOVEMBER 7, 2006 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 2 • 223 NOVEMBER 7, 2006 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. 3 224 NOVEMBER 7, 2006 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. 4 • 225 NOVEMBER 7, 2006 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. 5 226 NOVEMBER 7, 2006 • 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. 6 227 NOVEMBER 7, 2006 *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) 7 • 228 NOVEMBER 7, 2006 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. 8 229 NOVEMBER 7, 2006 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 9