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HomeMy WebLinkAbout04/17/2007 Business Meeting 353 BUSINESS MEETING APRIL 17, 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 Deputy City Clerk Watkins 2. Executive Session regarding Pending and Prospective Litigation and Collective Bargaining McCLURE MOVED AND WHITMAN SECONDED TO MOVE INTO EXECUTIVE SESSION. The motion carried by unanimous voice vote. Executive Session adjourned at 5:55 p.m. 6:00 P.M. — PUBLIC SESSION 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 Deputy City Clerk Watkins 2. Invocation /Pledge of Allegiance Council Member Susan Whitman gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order /Special Presentation A. Proclamations: • Municipal Clerks Week Deputy Clerk Watkins accepted the proclamation on behalf of City Clerk Moore. B. Special Presentations /Retirement Recognitions 1. Sgt. Mike Amos, Yakima Police Department Retirement Sgt. Amos received a proclamation of commendation and appreciation as well as a City wristwatch in honor of 37 years of service. 2. Chief Dennis Mayo, Yakima Fire Department Retirement Council members donned Hawaiian shirts to honor Chief Mayo's retirement. Chief Mayo received a proclamation of commendation and appreciation as well as a City wristwatch. 354 APRIL 17, 2007 C. Status report on prior meeting's citizen service request — None D. Appointments to Council Boards and Commissions - None 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 to the Consent Agenda. The Deputy Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND BONLENDER SECONDED TO ADOPT THE CONSENT AGENDA AS AMENDED. The motion carried by unanimous roll call vote. *A. Council Minutes - None *B. Council Committee Meeting Reports: 1. Council Public Safety Committee (3/6/07; 3/7/07; 3/20/07 2. Council Downtown Yakima Futures Oversight Committee (3/28/07) 3. Council Economic Development Committee (4/4/07) The Council Committee reports were accepted. 5. Audience Participation Victor DeLong, 302 N. 3rd Street, approached Council for endorsement of the second annual Summer Kick Off party. He noted the change of location to the park at 2 Street and Yakima Avenues this year. He gave an overview of the planned activities. JOHNSON MOVED AND BONLENDER SECONDED TO ENDORSE THE SUMMER KICK OFF PARTY. Council Member Lover asked for cost information. The motion carried by unanimous voice vote. Bill Klingele asked why the railroad tracks are not being removed from the streets, mainly the east/west track at H Street. City Manager Zais responded that we will do further research but the railroad owns the right -of -way and the tracks and their bureaucracy can be difficult. Lynne Kittelson, 305 N. 9th Street, complimented the white picket fence at the new building at 9th and D Streets and advised that it is her personal ambition to get rid of chain link fences in Yakima. Mike Morrisette, Greater Yakima Chamber of Commerce, spoke about Green Up Clean Up and the Big Sweep on May 12 reminding the Council that this is about showing off our downtown area. He distributed push brooms to each Council Member and gave the details of the function. BONLENDER MOVED AND WHITMAN SECONDED TO HAVE THE CITIZENS OF YAKIMA GET INVOLVED IN OUR COMMUNITY. The motion carried by unanimous voice vote. 2 '355 APRIL 17, 2007 PUBLIC HEARINGS — 7 :00 P.M. 6. Public Hearing to consider the final assessment roll for property owners required to repair or replace portions of hazardous sidewalks on South 9 Avenue Shelley Willson, Streets and Operations Manager, gave details about partnership opportunities for sidewalk repair noting that the match money has not yet been totally expended. As to the required repairs, the City will pay for the sidewalk repair and put a lien on the property that will not be collected until the property is sold. • Mayor Edler opened the public hearing No citizens came forward to speak. • Mayor Edler closed the public hearing The Deputy Clerk read the resolution by title; McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION FOR SIDEWALK REPLACEMENT AT 213 SOUTH 9 AVENUE. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2007 -44, A RESOLUTION authorizing enforcement of replacement of a hazardous sidewalk at 213 South 9 Avenue, as described in Yakima Municipal Code 8.76.040. The Deputy Clerk read the resolution by title; JOHNSON MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION FOR SIDEWALK REPLACEMENT AT 202 SOUTH 9 AVENUE. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2007 -45, A RESOLUTION authorizing enforcement of replacement of a hazardous sidewalk at 202 South 9 Avenue, as described in Yakima Municipal Code 8.76.040. The Deputy Clerk read the resolution by title; McCLURE MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION FOR SIDEWALK REPLACEMENT AT 206 SOUTH 9 AVENUE.. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2007 -46, A RESOLUTION authorizing enforcement of replacement of a hazardous sidewalk at 206 South 9 Avenue, as described in Yakima Municipal Code 8.76.040. The Deputy Clerk read the resolution by title; McCLURE MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION FOR SIDEWALK REPLACEMENT AT 216 SOUTH 9 AVENUE. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2007 -47, A RESOLUTION authorizing enforcement of replacement of a hazardous sidewalk at 216 South 9 Avenue, as described in Yakima Municipal Code 8.76.040. 3 356 APRIL 17, 2007 7. Closed Record Public Hearing to consider the Hearing Examiner's . recommendation on a rezone request by Harley Menard for property at 816 North 20 Avenue Bruce Benson, Planning Supervisor, explained that this request for a rezone from R -3, Multi - Family Residential, to CBDS, Central Business District Support, started with the future land use designation of the property as arterial commercial. The Public Hearing was held on February 22, 2007. The Hearing Examiner issued his recommendation of approval on March 8, 2007. City staff recommends upholding the Hearing Examiner's recommendation. • Mayor Edler opened the public hearing No one came forward to speak. • Mayor Edler closed the public hearing JOHNSON MOVED AND WHITMAN SECONDED TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION AND DIRECTED LEGAL TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote. 8. Public Hearing to consider vacating a portion of a street right -of -way in the vicinity of 320 Englewood Crest Court Bruce Benson, Planning Supervisor, explained the vacation request. He advised that no one spoke in opposition at the public hearing and the Hearing Examiner recommended approval subject to two standard conditions; that the property retain the easement for public utilities and that, if the property becomes gated, a lock box be installed for emergency access. . Mayor Edler opened the public hearing Bill Hordan, 410 N. 2nd Street, Engineering consultant representing the neighbors, said they have reviewed the two conditions and found them acceptable. . Mayor Edler closed the public hearing JOHNSON MOVED AND McCLURE SECONDED TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION AND DIRECTED LEGAL TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote. CITY MANAGER'S REPORTS *9. Consideration of a Resolution authorizing execution of a contract for sale and purchase of the City's Limited Tax General Obligation Bonds not to exceed $9.5 million and fixing the terms of the bonds for certain new capital projects and advance refunding of outstanding bonds RESOLUTION NO: R- 2007 -48, A RESOLUTION authorizing the execution and delivery of a contract for purchase of the City's Limited Tax General Obligation and Refunding Bonds, 2007 in the principal amount of $8,980,000, fixing certain terms of the bonds and approving the form of the official statement 4 357 APRIL 17, 2007 10. Consideration of legislation regarding Yakima Air Terminal (see,Economic Development Committee minutes): City Manager Zais explained that pursuing a new airline to come to Yakima has been a major effort. Delta has shown interest provided there is a commitment from the community. This requires two legislative actions; A) the contract with Mead & Hunt and B) the amendment to the contract with the Chamber of Commerce allowing the Chamber to address management services, marketing, and promoting Delta Airlines. Bill Wheeler, Chairman of the Air Terminal Board, gave background information on the issue. In order to establish a route with Delta Air Lines between Yakima and Salt Lake City, they recommended developing a $500,000 air travel bank. The Board and others have been working on obtaining commitments and in just three weeks have received commitments of $426,000. Yakima was in competition with 70 other cities for this service. He also advised that the County has agreed to jointly pay the fee for the Mead & Hunt contract and that the media has agreed to give $2 worth of advertising for every $1 spent. Mike Morrisette, Chamber of Commerce, explained how the travel bank works and emphasized the urgency as there is only a small window of opportunity. Mr. Wheeler also explained that there is an agreement with Delta to have an advertising plan and budget that would start a month before the service and continue for a year. A. Resolution authorizing payment to Yakima Air Terminal for professional service contract with Mead and Hunt, Inc. The Deputy Clerk read the resolution by title; McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2007 -49, A RESOLUTION acknowledging the Professional Services Contract that was executed by the Yakima Air Terminal and Mead & Hunt, Inc., a professional air transportation consultant, for the provision of Aviation Business Services relating to creating an airline travel bank to comply with Delta Airlines air service requirements; authorizing the expenditure of funds from the City of Yakima Contingency Fund toward the City of Yakima's equal share of the costs of said Contract B. Resolution authorizing execution of an amendment to the 2007 Chamber of Commerce professional services agreement providing funds to manage, market and promote an airline travel bank with Delta Airlines The Deputy Clerk read the resolution by title; McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION. Because Council Member Cawley works in the media field, he recused himself from the vote. The motion carried by a 6 -0 roll call vote; Cawley recused. RESOLUTION NO. R- 2007 -50, A RESOLUTION authorizing the City Manager to execute an amendment to the existing Greater Yakima Chamber of Commerce, Inc. Public Sector Professional Services Agreement to provide additional funding payable from the City of Yakima Contingency Fund, for the purpose of establishing and managing an Airline Travel Bank which is necessary to fulfill contractual obligations with Delta Airlines. 5 358 APRIL 17, 2007 11. Consideration of Legislation regarding beautification /maintenance, safety and management services for Downtown Yakima: City Manager Zais opened discussion explaining that, in the aftermath of amending the PBIA boundaries and increasing assessments, a funding gap was discovered. One- quarter of the assessment billing has already taken place for the year creating a $9,000 gap from projected funding. We cannot retroactively increase the assessment. Nor can any of the PBIA funds be spent outside of its boundary. Steve Gipson, Committee for Downtown Yakima (CDY), clarified the financial situation. They will be using CDY money and Parks Division money in order to maintain a broader area than just the central business district but assured Council that PBIA funds would only support downtown. Council Member Lover spoke against the City supplying the $9,000 because they had recently entered into an agreement to supply $21,000 for "hanging baskets and such ". A. Resolution authorizing execution professional management services agreement with Committee for Downtown Yakima The Deputy Clerk read the resolution by title; BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 6 -1 roll call vote; Lover voting nay. RESOLUTION NO. R- 2007 -51, A RESOLUTION authorizing the execution of a Professional Services Agreement between the City of Yakima and the Committee for Downtown Yakima for the provision of professional management of contracting for and administration of service providers and materials necessary to accomplish the objectives set forth in the Memorandum of Understanding that is to be executed between the City and CDY, including providing maintenance and safety within the recently expanded Parking and Business Improvement Area No. 1. B. Resolution authorizing execution of Memorandum of Understanding relating to maintenance and safety programs The Deputy Clerk read the resolution by title; BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 6 -1 roll call vote; Lover voting nay. RESOLUTION NO. R- 2007 -52, A RESOLUTION authorizing the execution of a Memorandum of Understanding between the City of Yakima and the Committee for Downtown Yakima that identifies the agreements and understandings of the parties for the provision of maintenance and safety services within the area of the recently expanded Parking and Business Improvement Area No. 1 (central business district), including maintenance of trees, shrubs, plants, planter areas, and sidewalks as well as the provision of safety ambassadors to provide citizen assistance and bicycle patrol activities. 6 359 APRIL 17, 2007 C. Ordinance amending the 2007 budget in the Parking and Business Improvement Area Fund (First Reading) An ordinance amending the 2007 budget in the Parking and Business Improvement Area was read by title only and laid on the table until May 1, 2007 for a second reading. McCLURE MOVED AND WHITMAN SECONDED TO AMEND THE APPROPRIATION OF UNRESTRICTED CASH TO GIVE FULL FUNDING. The motion carried by a 6 -1 roll call vote; Lover voting nay. *12. Consideration of Resolution authorizing execution of a 2007 renewal agreement with the Greater Yakima Chamber of Commerce, Inc. rehabilitation RESOLUTION R- 2007 -53, A RESOLUTION authorizing the City Manager of the City �f Yakima to execute an extension to the Greater Yakima Chamber of Commerce, Inc. Public Sector Professional Services Agreement with the City of Yakima Washington for the purpose of extending said underlying agreement to continue the Chamber's actions to foster community economic development, citizen participation in City government, and improvement of the quality of life in Yakima. *13. Consideration of final contract payments: A. Maclaren Reservoir rehabilitation The report from the Water /Irrigation Manager, dated March 27, 2007, with respect to the completion of the work on the Maclaren Reservoir Rehabilitation Project, Project No. 06105 -C, performed by Concrete Doctor, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. Washington Avenue widening /reconstruction and sanitary sewer The report from the City Engineer, dated April 11, 2007, with respect to the completion of the work on the Washington Avenue Improvement Project No. 1957 performed by Columbia Asphalt & Gravel, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *14. Consideration of Resolution adopting revisions to the City of Yakima's Substance Abuse Policy RESOLUTION R- 2007 -54, A RESOLUTION adopting revisions to the City of Yakima Substance Abuse Policy. *15. Consideration of Resolution authorizing execution of a license agreement with Felicia Holtzinger and William and Judy Bailey for private irrigation lines to be constructed, operated and maintained within the City right -of -way RESOLUTION R- 2007 -55, A RESOLUTION authorizing and directing the City Manager to execute a License Agreement with Felicia M. Holtzinger and William and Judy Bailey for private irrigation lines to be constructed, operated, and maintained within the City street right -of -way of Scenic Drive. 7 360 APRIL 17, 2007 *16. Consideration of Resolution authorizing execution of an interlocal agreement with Yakima School District No. 7 for the continuation of the School Resource Officer program RESOLUTION R- 2007 -56, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an interlocal School Resource Officer Agreement with Yakima School District No. 7 for the continuation of the school resource officer program. *17. Consideration of Resolution authorizing agreements with Meyer Fluegge and Tenney, P.S. and Dennis Morgan Law Offices for appellate indigent defense RESOLUTION R- 2007 -57, A RESOLUTION authorizing the City Manager and the City Clerk to execute the Appellate Representation of Indigent Defendants Agreements. *18. Consideration of Resolution authorizing the execution of a conditional license agreement for CPM Development Corporation's conditional use of a path along the west boundary of three parcels of City property to provide transportation of materials between Riverside Street and CPM's primary place of business RESOLUTION R- 2007 -58, A RESOLUTION authorizing the execution of a Conditional License Agreement for CPM Development Corporation's conditional use of a thirty foot wide access path along the west boundary of three parcels of City property to provide transportation of concrete, sand, gravel and other materials between Riverside Street and CPM's primary place of business. *19. Consideration of Resolution authorizing execution of a restrictive covenant to provide institutional controls of City property formerly owned by Superior Asphalt and Concrete Company and Central Pre -Mix Concrete Company to allow the Washington State Department of Ecology to close out the remediation effort RESOLUTION R- 2007 -59, A RESOLUTION authorizing the City Manager to execute a Restrictive Covenant intended to provide institutional controls over City property formerly owned by Superior Asphalt & Concrete Company and Central Pre -Mix Concrete Company, said property being subject to Washington State Department of Ecology remediation, in order to allow DOE to close out the remediation effort. *20. Consideration of Resolution authorizing execution of agreement pursuant to a loan application to the Washington Public Works Trust Fund for a new water supply well RESOLUTION R- 2007 -60, A RESOLUTION the City Manager to execute all necessary documents to complete and submit an application for a loan from the Washington State Public Works Trust Fund in the amount of $2,257,200 for the replacement of the City of Yakima's Ranney Well, and, if the loan application is approved, to execute all necessary certifications, agreements and other documents to complete the loan transaction. 8 361 APRIL 17, 2007 *21. Consideration of Resolution authorizing termination of a contract with the Tri - County Hazardous Materials Response Team and execution of an amended contract with the Tri- County Hazardous Materials Response Group including the City of Yakima into the corporation as a voting member Il RESOLUTION R- 2007 -61, A RESOLUTION authorizing and directing the City Manager to terminate a contract with the Tri- County Hazardous Materials Response Team and execute an amended agreement with the Tri- County Hazardous Materials Response Group including the City of Yakima into the corporation as a voting member. *22. Consideration of Annexation Standard Motions A & B for initiation of the West Powerhouse II annexation April 17, 2007 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Squire Ingham Co. The annexation proposed by the above party was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *23. Set Date of Open Record Public Hearing for May 15, 2007 at 7 :00 p.m. to consider the Hearing Examiner's recommendation on a right -of -way vacation request by Chesterley Meadows Cottages, LLC, for property located in the vicinity of North 35 Avenue and River Road May 15, 2007 was set as the date of open record public hearing to consider the Hearing Examiner's recommendation on a right -of -way vacation request by Chesterley Meadows Cottages, LLC, for property located in the vicinity of North 35 Avenue and River Road. *24. Set date of Public Hearing for May 1, 2007 at 7:00 p.m. to consider finalizing the GMA- required comprehensive growth management plan and development regulations update for the City of Yakima . May 1, 2007 was set as the date of public hearing to consider finalizing the GMA - required comprehensive growth management plan and development regulations update for the City of Yakima. ORDINANCES 2 5. Consideration of Legislation authorizing manpower and resources extending municipal services to newly annexed areas: City Manager Zais gave background information on the annexation with regard to scheduling additional staffing over the next several years. This is the initiation of that process. Council Members Cawley and Lover suggested changes to the proposal; e.g. moving money out of this proposal and into the Safe Community Action Plan. City Manager Zais pointed out there will be opportunities to change the 2008 portion during the Budget Subcommittee and budget review. Mayor Edler emphasized that the legislation coming forward today is to keep our service levels where they currently are r 9 362 APRIL 17, 2007 while the SCAP goal is to increase service levels. Discussion on modifying future budget allocations could be discussed at the Public Safety or the Budget subcommittees or at a study session. LOVER MOVED AND CAWLEY SECONDED TO TABLE THE ITEM UNTIL IT IS DISCUSSED IN A STUDY SESSION. The motion failed by a 5 -2 roll call vote; Bonlender, Edler, Johnson, McClure and Whitman voting nay. A. Consideration of staffing plans to add four positions as of July 1, 2007 and one position as of January 1, 2008 BONLENDER MOVED AND McCLURE SECONDED TO ACCEPT THE RECOMMENDED REPORTS. The motion carried by a unanimous voice vote. B. Ordinance amending the 2007 budget and making appropriations in the General, Streets and Traffic, Parks, Equipment Rental and Replacement and Transit funds (First Reading) The ordinance was read by,title and laid on the table until May 1, 2007 for a second reading. 26. Consideration of Legislation authorizing: A. Ordinance authorizing removal of two parking spaces within City Parking Lot #2 and authorizing construction of a dumpster enclosure within the parking spaces for lease to adjacent business owner(s) Michael Morales, Deputy Director of Community and Economic Development, opened the item for discussion. Council Member Johnson spoke against the legislation saying alleys are public property, others are not charged for their dumpsters being in alleys, and the City parking lot took over the public alley. Assistant City Attorney, Jeff Cutter, explained that extensive consideration had been given to this issue and there was concern about gifting public property since the area is no longer an alley. The Deputy Clerk read the ordinance by title; McCLURE MOVED AND BONLENDER SECONDED TO ADOPT THE ORDINANCE. Ben Grossman from the Sports Center Restaurant commented that he wasn't sure this was the best resolution to the problem and that other businesses should have to pay as well. Discussion continued about the possibility of relocating the dumpster to the back of the building as other businesses do. JOHNSON MOVED AND LOVER SECONDED TO TABLE THE ISSUE UNTIL QUESTIONS ARE ANSWERED ABOUT LOCATING THE DUMPSTER AT THE BACK OF THE BUILDING AND WHETHER THE ALLEY WAS EVER VACATED. The motion carried by a 4 -3 voice vote; Bonlender, Edler and McClure voting nay. B. Resolution authorizing execution of a lease agreement with the Sports Center LLC permitting the use of a refuse dumpster enclosure provided by the City located within the City's downtown parking Lot #2. Resolution tabled. 10 363 APRIL 17, 2007 *27. Consideration of Ordinance adding and amending Sections of the Yakima Municipal Code regarding nonconforming uses for the professional slaughter of livestock animals in an animal husbandry operation ORDINANCE NO. 2007 -18, AN ORDINANCE relating to Yakima urban area zoning ordinances regarding nonconforming uses and structures, allowing for the professional slaughter of livestock animals when the approved nonconforming use is an animal husbandry operation; adding a new Section 15.19.120 and amending Sections 6.20.140 and 6.44.020 of the City of Yakima Municipal Code. *28. Consideration of Ordinance authorizing renewal of the City's line of credit ORDINANCE NO. 2007 -19, AN ORDINANCE of the City of Yakima, Washington amending Ordinance No. 97 -29, as currently amended by Ordinance 2002 -31, and the terms of the City's Limited Tax General Obligation Bond — Line of Credit, 1997. 29. Other Business Wayne Baughman addressed Council about a problem he is experiencing with his garbage service. It was suggested by the City Manager that a meeting be scheduled with him to determine his grievance and make appropriate adjustments. Council Member Whitman gave an update on the Public Safety Committee's review of options on the Safe Community Action Plan and advised it will be brought back to Council at the May 8, 2007 study session. 30. Adjournment McCLURE MOVED AND WHITMAN SECONDED TO ADJOURN TO A STUDY SESSION AT 8:00 A.M. ON APRIL 24, 2007 REGARDING AN UPDATE OF CITY IRRIGATION AND DOMESTIC WATER RIGHTS. The motion carried by unanimous voice vote. The meeting adjourned at 8 :40 p.m. READ AND CERTIFIED ACCURATE BY c .CJ •' / 9/0 COUNCIL MEMBER / DATE COU L - DATE cI 000 ATTEST: CITCLERK DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office. 11