HomeMy WebLinkAbout03/06/2007 Business Meeting 325
BUSINESS MEETING
MARCH 6, 2007 — 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 Pending and Prospective Litigation
McCLURE MOVED AND JOHNSON SECONDED TO MOVE INTO EXECUTIVE
SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION AND
COLLECTIVE BARGAINING FOR APPROXIMATELY ONE HOUR. 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 Paolella and City Clerk Moore
2. Invocation /Pledge of Allegiance
Council Member McClure gave an invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order /Special Presentation
Council Member Cawley introduced members of local Boy Scout Troup 141, here to earn
their Communications in Local Government badge.
A. Proclamations — None
B. Special Presentations
1. Introduction of YWCA Executive Director Elizabeth Farley
Mary Beth Wright, President of the YWCA Board of Directors, introduced their
new Executive Director, Elizabeth Farley. Ms. Farley gave a brief description of
the "Bringing It Home" project and invited Council to an informational gathering
at their new facility on March 14, 2007.
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2. Recognition of Sara Button and Randy Beehler -- Yakima Advertising
Federation Chinook Award
Sarah Button was awarded the "Chinook Award" and a Silver award for the
Downtown Yakima Futures Initiative Phase II brochure. Randy Beehler was
recognized for the content and critique he provided on the brochure.
C. Status report on prior meeting's citizen service request:
1. Irrigation rebuild (308 system) - Robert Haak
Robert Haak's questions were answered during the update of the irrigation
system rebuild discussion (Agenda Item No. 8).
2. Downtown sidewalks and Wastewater employees — Doug Lemon
Gene Soules, Huibregtse Louman Associates consultant, advised that his firm
had found several locations where sidewalk concrete had failed due to the
winter weather. There is additional damage from traffic hitting the curbs. They
will continue to repair the damage until it is satisfactorily corrected.
Council agreed they would not respond to Mr. Lemon's concerns about
Wastewater employees since the issue had been addressed previously and
were determined to be unfounded. Tom Barrington, Local 1122 Union
Representative, requested Council consider a policy to require that complaints
about City employees be put in writing and addressed prior to being aired in
public.
D. Appointments to Council Boards and Commissions
1. Hotel / Motel Commission
Shawn Darling was appointed to the Hotel /Motel Commission.
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.
Item No. 9 was added and Item No. 19 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 December 5, 2006 Adjourned meeting;
December 5 and December 12, 2006 Business meetings
The minutes of the December 5, 2006 Adjourned meeting; December 5 and December
12, 2006 Business meetings were approved, having been duly certified accurate by two
Council members and no one present wishing to have said minutes read publicly.
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*B. Council Committee Meeting Reports:
1. Public Safety Committee - 2/20/07
The minutes of 2/6/07 were not included; there was no further comment
provided.
5. Audience Participation
. Robert Haak asked staff to respond to the four questions that he asked at the last
Council Meeting regarding the irrigation system rebuild. He was advised the
answers would be provided under Agenda Item No. 8 discussion. He also spoke
against Council's support of HJR 4201 /4202 that would amend the Constitution to
provide for a simple majority of voters to authorize a school levy.
. Freya Burgstaller advised the Council she was not in favor of the proposed Crime -
Free Rental Housing Program. Council encouraged her to attend the Public Safety
Committee meeting on April 17 to discuss this'further.
• Julie Cruz wanted to make the Council aware of the need for community resources
to assist low- income families with their financial problems.
. Tony Courcy asked when the City would address the need for a crosswalk or signal
light at 16 Avenue and Hathaway. Public Works Director Chris Waarvick
responded that his department is initiating traffic studies at this location, as well as
nine other locations, to determine the needs. This concern will be addressed by the
Council Transportation Committee at an upcoming meeting. Mr. Courcy will be
notified of the meeting schedule.
• Don Kearby spoke against the Crime -Free Rental Housing Program and the
proposed assessment. He requested meetings on this issue be scheduled for after -
work hours.
PUBLIC HEARINGS – 7:00 P.M.
6. Closed Record Public Hearing and Consideration of Resolution accepting the
Hearing Examiner's recommendation to approve, with conditions, the request of
the Yakima Air Terminal for a Public Agency and Utility Exception under the City
of Yakima's Critical Area Ordinance
Doug Maples, Codes Administration and Planning Manager, clarified that this request is
not related to the on -going discussion or the work related to the closure of 16 Avenue.
The Yakima Air Terminal has requested a Public Agency and Utility Exception to
construct a transverse roadway on airport property. This would increase safety by
eliminating the need for pedestrians and vehicles to cross active Runway 4/22. The FAA
is funding the project. The Hearing Examiner issued a recommendation approving the
Exception, with two conditions.
• Mayor Edler opened the public hearing.
No one came forward. -
• Mayor Edler closed the public hearing.
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The resolution was read by title; BONLENDER MOVED AND JOHNSON SECONDED
TO ADOPT THE RESOLUTION. The motion carried by 6 -0 roll call vote; McClure
abstained because he was out of town when the Hearing Examiner's packet was
delivered and had not familiarized himself with that material. After a question was raised
about the abstention, Council Member Johnson stated he would like to have a legal
opinion on the abstention procedure.
RESOLUTION NO. R- 2007 -26, A RESOLUTION approving the Hearing Examiner's
recommendation to approve, with conditions, the request of the Yakima Air Terminal for a
"public agency and utility exception" under the City of Yakima's Critical Areas Ordinance to
allow construction of a 20- foot -wide service road around Runway 4/22 within the critical
areas of Wide Hollow Creek, and authorizing the Mayor to direct staff to issue the
appropriate Critical Area Substantial Development Permit.
7. Public Hearing to consider the Occidental Annexation
City Manager Zais advised this hearing was set to re- consider the Occidental
Annexation after there was a tie vote at the January 23, 2007 adjourned meeting due to
Council Member McClure's absence. A majority of Council had requested the issue be
re- heard. Proper notices of the hearing were provided. Many questions were asked
during the previous hearing and staff has attempted to answer them for this hearing.
The City has used the petition method of annexation for over 40 years. Staff provided
information about services, costs, the potential that this area offers for urban services,
the need to provide those services, and the fact that this area has grown due to the
extension of City sewer to the area. The Urban Area was developed by the City of
Yakima to allow development to proceed in, an orderly fashion. Each time an annexation
comes forward, staff reviews what has been submitted (i.e. signed petitions, use of
outside utility agreements) and evaluates what services will be needed (i.e. police, fire,
transit, etc.) to ensure there is no erosion of services, especially police services.
Jeff Cutter, City Legal, reviewed the statutory framework that guides the petition method
for annexation. The process begins with a citizen petition that includes 10% of the total
population of the area, or 10% of the value of the area to be considered for annexation.
If Council approves the petition, it is circulated for additional signatures to meet the 75%
signature criteria. The outside utility agreements are counted as signatures on the
petition. Once the 75% criteria is reached, the proposed annexation goes before the
Boundary Review Board, and, if approved, the matter comes before the Council.
Dave Willson, Deputy Fire Chief, spoke about the fire service level for the area noting
that the City has already invested in the area with the acquisition of Fire Station No. 92.
The level of service from Fire Stations 92 and 94 averages 7 minutes 20 seconds. Out
of West Valley Fire Station 2, there was an average of 12 minutes. We can provide a
better level of service for the area.
Captain Jeff Schneider, Police Department, looked at law enforcement services for the
area comparing service from the Sheriff versus the City. The City is set up more for
urban policing, whereas the Sheriff's Officers have a much larger area to protect. The
difference is when you have a real emergency, it is important to get police there as
quickly as possible.
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Dave Zabell, Assistant City Manager, spoke about infrastructure investment in the area
and the timing of this annexation. The City has invested about $80 million in our
Wastewater Plant and $2.5 million in trunkage lines in the area over the last 30 years,
mostly paid by current City residents. The transportation system has been designed for
future needs and is used by City and non -City residents. There is no question that this
area is urbanizing. Annexing now provides opportunities to the City to ensure new
developments in the area comply with City standards.
Cindy Epperson, Financial Services Manager, pointed out two spreadsheets provided in
the Council packet that show the anticipated revenue and expenses for the area.
Revenue would support the new service demands for each of the next five years.
Bill Cook, Director of Community and Economic Development, reminded Council that
the Urban Area Boundary was initially established in 1976 in the Four -Party Agreement,
and affirmed under Growth Management. The proposed annexation is within that Urban
Area Boundary. The City has been planning to provide services to the entire Urban Area
for the last ten years. He spoke about City services, utilized by all area residents but
paid for by City residents. More than 75% of the area's value has petitioned to be
annexed.
• Mayor Edler opened the public hearing.
John Easterbrooks, West Valley resident outside of the . proposed annexation, opined
that the City is cherry- picking the valuable property for its revenue potential at the
expense of the County.
Rich Hochrein, 1799 Stein, spoke in favor of the annexation and its economic benefits.
Ron Anderson, 3907 Creekside Loop, agreed with Mr. Hochrein that many businesses
won't consider relocating to a city until its population is 100,000.
Jerry Craig, 10802 Summitview Rd., asked Council to delay the annexation and to
consider a different annexing method. He asked when the funds would be available to
the City to pay for services within the annexed area.
Doug Jewett, 2201 S. 69 Avenue, accused Council of favoring the opinions of the
builders over the opinions of the residents in the area. He noted that the 75%
signatures needed for annexation was reached because of the Outside Utility
Agreements.
, Lee Stream, 6914 Easy Street, spoke against the annexation and claimed it would
increase his costs because he uses well water and has a septic tank. Crime will
increase with more population and development. He would like to be a part of the Safety
Committee's review.
OIa Vestad opined that this is an unfriendly takeover. She wants to feel like they are
being represented and have the same goals.
Ron Voriss,-6409 Occidental, disagreed with the method used to determine the
annexation area in order to reach the necessary 75% signatures. He spoke about the
reductions the County will face because the City is taking their revenue base.
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Steve Strossal, United Builders — Apple Blossom development, spoke in favor of the
annexation and agreed with staff's presentation.
Pat Loomis, Tacoma, owner of acreage at 72 and Washington Avenues and developer
of 55- and -over active communities, stated he is excited about this annexation. He feels
that city services are better for the homeowners.
• Mayor Edler closed the public hearing.
The City Clerk read the ordinance by title. McCLURE MOVED AND JOHNSON
SECONDED TO PASS THE ORDINANCE. Council Member McClure commented that
West Valley is rapidly urbanizing, and the country setting is diminishing. This is a growing
community that will benefit from efficient government services, which we can provide. This
is a commitment of City services, including hard surfacing gravel roads, lower utilities,
faster fire protection and aid service. Council Member Johnson spoke in favor of the
annexation, the rights of the residents for services from the City, and the right to serve on
City boards and committees. Council Member Lover commented on the importance of
individual property rights, the exclusion of the highly populated area of Ahtanum Road,
and the method used to determine the annexation area (inclusion of Outside Utility
Agreements). He spoke about the recent changes in the budget figures provided to
Council and suggested eliminating the 40% planner for a savings of $28,000; eliminating
the 40% building inspector for a savings of $26,000; and reducing the firefighting positions
from two to one for a $90,000 savings, totaling a $140,000 reduction. He further
suggested adding that amount to the Safe Community Action Plan. LOVER MOVED AND
CAWLEY SECONDED TO AMEND THE ORDINANCE TO ELIMINATE THE PLANNER,
BUILDING INSPECTOR AND FIREFIGHTER POSITIONS AND EARMARK THE
$144,000 SAVINGS TO THE PUBLIC SAFETY PACKAGE. City Attorney Paolella
pointed out that the ordinance does not contain budgetary information. The amendment
was withdrawn. CAWLEY MOVED TO AMEND THE ORDINANCE TO GRANDFATHER
EXISTING BUSINESSES. Council Member Bonlender stated he thought that was already
in the law. Assistant City Attorney Cutter agreed that non - conforming businesses are
addressed in another ordinance, and the zoning between the City and County is
consistent. The motion died for lack of a second. Council Member Cawley, for the
record, stated he would work with citizens in the future if circumstances changed and they
needed help to keep the businesses in existence today. The question was called for a
vote on the original motion to pass the ordinance. The motion carried by 6 -1 roll call
vote; Lover voting nay.
City Manager Zais addressed the issue of the projected budget stating the 2007 expenses
are real and a mid -year budget adjustment would be needed in 2007. He commented that
Council Member Lover's concerns could be considered at that time. LOVER MOVED AND
CAWLEY SECONDED TO ELIMINATE THE 40% PLANNER AND 40% INSPECTOR
AND REDUCE FIREFIGHTER POSITIONS BY ONE AND EARMARK THE $144,000 TO
THE PUBLIC SAFETY PACKAGE. Council Member Johnson suggested that perhaps
this should be referred to the new Council Budget Committee because not all of these
proposals are for this year. Council Member McClure stated he did not vote tonight for
funding of any positions and believes that issue would require additional discussion.
Council Member Lover stated that if his motion is to be referred to a committee, his
preference is to refer it to the Public Safety Committee. Mayor Edler restated the
motion: To eliminate the 40% planner position, the 40% inspector position, reduce
the firefighters by one position, and to earmark the $144,000 savings for the public
safety package, and called for a vote on the motion. The motion failed by 4 -3 roll call
vote; Bonlender, Edler, McClure and Whitman voting nay. •
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ORDINANCE NO. 2007 -07, AN ORDINANCE concerning annexation; annexing the
Occidental Annexation area to the City of Yakima; changing the current zoning of the area
to R -1 Single - Family Residential; 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 Occidental Annexation area; and, an effective date of April
9, 2007.
CITY MANAGER'S REPORTS
8. Irrigation system rebuild update
Dave Brown, Water and Irrigation Manager, gave a status report on the system rebuild
covering from 1998 to present. Phase 2 is complete, with 53,800 feet of pipe having
been replaced in the General Irrigation System, 1,600 feet in the Fruitvale System within
Chesterley Park, as well installation of access manholes. Mr. Brown described the
completed work in detail and gave a financial summary noting that $12,843,000 has
been collected and $8,500,000 has been spent to date. He then gave information on
the next phase of the project.
Betty Gaudette had detailed questions about the 308 District that were referred to Dave
Brown to handle outside of the Council meeting. She expressed concern about the
possibility of losing more water rights if we don't meet the DOE's ten -year deadline to fix
our irrigation system. Mr. Brown advised there was no agreement to fix the system in
ten years. The settlement was that by 2013 our water rights would be reduced. We
agreed to that reduction because we could not utilize all those water rights. We planned
to rebuild the system in order to live within the new water rights. We have already
reduced our water use by 20%.
Maud Scott commented that the bond costs were less than anticipated, the costs for
replacing the system is lower than anticipated, so whose crystal ball are we looking at to
see if we would get a better bond rate in 2008 or 2009? She asked what the effect of
paying the bonds off would have in the rate assessment. City Manager Zais replied that
the bond market is quite attractive and predicted that the market will stay fairly static.
The rates have been put into effect to support the bonds, and future Council and staff
will determine what the rates will be.
*9. Reconsideration of Parks 2007 budget staffing for recreational services
The staff recommendation to amend the staffing level in the Parks and Recreation
budget to 1) eliminate the Recreation Coordinator position at the Harman Center and
replace it with a Recreation Program Supervisor position, and 2) to direct the City
Manager to initiate the corrective administrative action necessary to appoint Ron
Anderson to the Recreation Program Supervisor classification effective March 7, 2007,
was accepted.
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10. Consideration of Resolution adopting the performance policy, standards and
objectives outlined in RCW 52.33.030 as Yakima Fire Department's emergency
resource deployment and response time objectives
Charlie Hines, Deputy Fire Chief, referenced RCW 52.33.030 that deals with measuring
success and the challenge of doing so in the fire service. The fire service does not
produce a profit and it is almost impossible to measure the value of the fire service in
the community. Management and labor in Washington came together and established a
method to measure performance, objectives and standards, resulting in the passage of
the RCW to show how well the fire department meets the community's needs. It comes
down to response time. He talked about the response standards for structure fires and
how many minutes in each category, i.e. turn -out time, travel time, and the time it takes
for the last piece of equipment to arrive at the fire. Council Member Lover requested a
copy of the RCW and stated his belief that it is a lot more involved than just response
time. The City Clerk read the resolution by title; WHITMAN MOVED AND McCLURE
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call
vote.
RESOLUTION No. R- 2007 -27, A RESOLUTION adopting the performance policy,
standards and objectives outlined in RCW 52.33.030 as Yakima Fire Department's
emergency resource deployment and response time objectives.
*11. Consideration of Fourth Quarter 2006 Receivables report
The Fourth Quarter 2006 Accounts Receivable Status Report was accepted.
*12. Consideration of approval of City of Yakima 2007 Federal Legislative Priorities
The City of Yakima 2007 Federal Legislative Priorities were approved.
*13. Consideration of. Resolution authorizing execution of an agreement with Yakima
National Little League Association regarding the Elks Park athletic complex
RESOLUTION NO. R- 2007 -28, A RESOLUTION authorizing the City Manager to
execute an agreement between the City of Yakima and the Yakima National Little
League•Association regarding the Elks Park Athletic Complex.
*14. Consideration of Resolution authorizing execution of Americorps project
management services agreement with Ester Huey
RESOLUTION NO. R- 2007 -29, A RESOLUTION authorizing the City Manager of the City of
Yakima to execute an "AmeriCorps Project Management Services Agreement" with Ester
Huey to provide specialized management services for the AmeriCorps Team Program
*15. Consideration of Final Contract Payment for 40 Avenue Repair /Reconstruction,
Project No. 2122, performed by Superior Paving Company (Standard Motion V -B —
accept project and approve final payment)
The report from the City Engineer, dated February 26, 2007, with respect to the
completion of the work on the 40 Avenue repair reconstruction, performed by Superior
Paving Company, was approved, the work accepted and payment of the final estimates
as therein set forth was authorized.
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*16. Consideration of Final Contract Payment for Signal Flashers at "B" Street and
East Lincoln Avenue, Project No. 2126, performed by Knobel's Electric (Standard
Motion V -B — accept project and approve final payment)
The report from the City Engineer, dated February 26, 2007, with respect to the
completion of the work on the Signal Flashers B Street and East Lincoln Avenue,
performed by Knobels' Electric, was approved, the work accepted and payment of the
final estimates as therein set forth was authorized.
*17. Set Date of Public Hearing for March 20, 2007 to consider amending the Six -Year
Transportation Improvement Program
March 20, 2007 was set as the date of public hearing to consider amending the Six -Year
Transportation Improvement Program.
*18. Set Date of Public Hearing for March 20, 2007 regarding the development of a 23-
lot subdivision to be known as Scenic Plateau
March 20, 2007 was set as the date of public hearing regarding the development of a
23 -lot subdivision to be known as Scenic Plateau
19. Consideration of Resolution setting date of Public Hearing for April 3, 2007
pertaining to Parking and Business Improvement Area assessment rates
Council Member Lover stated he wanted to let the public know that this proposal will be
discussed in a public meeting on April 3 at 7:00 p.m. Following discussion regarding
the timing of this issue, LOVER MOVED AND McCLURE SECONDED TO ADOPT THE
RESOLUTION. The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2007 -30, A RESOLUTION expressing the Yakima City Council's
intent to expand the boundaries of and increase the assessment rates for the Parking
and Business Improvement Area No.1, a parking and business improvement area
(hereinafter "PBIA "); and fixing a date, time and place for a public hearing on the
proposed expansion of and increased assessment rate for said PBIA.
_ *20. Set Date of Public Hearing for April 17, 2007 to consider the Final Assessment
Roll for property owners required to repair or replace portions of hazardous
sidewalk conditions on South 9th Avenue
April 17, 2007 was set as the date of public hearing to consider the Final Assessment
Roll for property owners required to repair or replace portions of hazardous sidewalk
conditions on South 9th Avenue
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ORDINANCES
*21. Consideration of an Ordinance Amending the 2007 Budget for 2006 Year -End
Encumbrances
An Ordinance amending the 2007 budget and appropriating funds for 2006 year -end
encumbrances from unappropriated-fund balances within various funds for expenditure
during 2007, was read by title only, and laid on the table until March 20, 2007 for a
second reading.
*22. Consideration of the First Reading of an appropriation amending the 2007 budget
in the Fire Capital Fund to purchase donation - funded "Public Access
Defibrillators"
An Ordinance amending the 2007 budget in the Fire Capital Fund and appropriating
funds to purchase donation - funded "Public Access Defibrillators," was read by title only,
and laid on the table until March 20, 2007 for a second reading.
•
23. Other Business
Council Member Cawley referenced a letter from the Historic Preservation Committee
denying his request to change their meeting time and stated he will bring that up for
discussion at the next council meeting.
24. Adjournment
JOHNSON MOVED AND McCLURE SECONDED TO ADJOURN. The motion carried
by unanimous voice vote.
The meeting adjourned at 9:33 p.m.
- READ AND CERTIFIED ACCURATE BY / 7C f�/` b �
COUNCIL ME :ER DATE
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" S UN L EMBER DATE
ATTEST:
CITY rd'K DAVID EDLER, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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