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HomeMy WebLinkAbout07/03/2007 Business Meeting 413 BUSINESS MEETING JULY 3, 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, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and Acting City Clerk Roberts Absent: Neil McClure (excused) 2. Executive Session -- Property Acquisition, Prospective and Pending Litigation BONLENDER MOVED AND CAWLEY SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR TO DISCUSS PROPERTY ACQUISITION AND PROSPECTIVE AND PENDING LITIGATION. The motion carried by unanimous voice vote; McClure absent. 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, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and Acting City Clerk Roberts Absent: Neil McClure (excused) 2. Invocation /Pledge of Allegiance Council Member Whitman read a statement regarding the signers of the Declaration of Independence, gave an invocation and led the Pledge of Allegiance 3. Open Discussion for the Good of the Order A. Proclamations - none B. Special Presentations / Retirements / Recognitions - none C, Status report on prior meeting's citizen service requests - none D. Appointments to Council Boards and Commissions CAWLEY MOVED AND BONLENDER SECONDED TO APPOINT JOHN RICHARDS, AND REAPPOINT JON HOPWOOD AND JUDY POZARICH TO THE COMMUNITY REVIEW BOARD. The motion carried by unanimous voice vote; McClure absent. 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. 14A was removed from the Consent Agenda. The Clerk read the Consent Agenda 414 JULY 3, 2007 items, including resolutions and ordinances by title. BONLENDER MOVED AND CAWLEY SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; McClure absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Council Minutes • Business Meetings: February 6 and February 20, 2007 • Adjourned Meetings: January 27; January 30 and February 13, 2007 The minutes of the February 6 and February 20, 2007 Business meetings and January January 30 and February 13, 2007 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: • Neighborhood Development Committee — June 13, 2007 • Rules and Procedures Committee — June 20, 2007 • Public Safety Committee — June 25, 2006 The Committee meeting reports were approved. 5. Audience Participation Tony Courcy, with Ryan Pell, appealed to Council to authorize a crosswalk at 16 Avenue and Hathaway. He has received approximately 200 signatures on a petition for the crosswalk. Council Member Cawley advised that the City is working with DSHS on a permanent, safe solution. PUBLIC HEARINGS — 7:00 P.M. 6. Public Hearing to consider amending the 2007 Community Development Block Grant (CDBG) Annual Action Plan to provide a CDBG grant to the Whirlpool Corporation • Bill Cobabe, Office of Neighborhood Development Services Manager, explained the actions requested of Council. The resolution would authorize the amendment of the Annual Action Plan to accommodate this expenditure and authorize the execution of a contract to provide a CDBG grant to the Whirlpool Corporation. Bill Cook, Director of Community and Economic Development, interjected that this grant would not take away from other programs assisting our citizens. Robert Cunningham, Whirlpool Corporation, shared the Corporation's plan to transform a call center into a complete customer service. He outlined their goals to increase their employees' knowledge and skills by expanding their training hours, increasing consultant hours, and increasing training staff. The Mayor opened the public hearing. There being no citizen wishing to address this issue, he closed the public hearing. The Clerk read the Resolution by title; BONLENDER MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; McClure absent. 2 415 JULY 3, 2007 RESOLUTION NO. R -2007- 94, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a CDBG economic development project grant agreement with Whirlpool Corporation, to assist with the transformation of a former Maytag Customer Service Call Center into a virtual experience center in the City of Yakima's Renewal Community Area; as well as authorizing the amendment of the CDBG Annual Action Plan to provide the necessary funding to meet the requirements of this Agreement. 7. Public Hearing to consider: A. Adoption of the Six -Year Transportation Improvement Program for 2008 -2013, and to amend the Metropolitan Transportation Plan B. Amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the adopted Six -Year Transportation Improvement Program Bob Desgrosellier, Senior Engineer, explained the purpose of the public hearing as giving the public an opportunity to add a project, using federal funds, into our Six -Year Transportation Plan. Four projects have been added to the list: 1) Yakima Downtown Futures Initiative, Phase 3, to construct sidewalk and streetscape improvements on 1 2 and 3 Streets. 2) Coolidge Road, paving and reconstruction from 80 Ave. to 88 Ave. 3) Occidental Road, road construction from 58 Ave. to 64 Ave. 4) 86 Ave., road construction from Occidental -to Coolidge Six projects have been completed and removed from the Plan: 1) Yakima Railroad Grade Separation, Phase 1 2) River Road realignment 3) N. 16 Ave and River Rd. signal 4) W. Lincoln Ave. sidewalks 5) SR 12 — N. 40 Ave. reconstruction 6) Yakima Avenue Historic District pedestrian improvement Bill Cook explained that Coolidge Road was added because there were funds in place when it was in the County and in order to utilize those funds, the project has to be included in the City's Plan. Council Member Lover asked about two projects named in the Congdon agreement. Council Member Bonlender asked if we should add a crosswalk at 16 and Hathaway. He was advised it could be added when we adopt the program. The Mayor opened the public hearing. There being no citizen wishing to address this issue, he closed the public hearing. 3 4,16 JULY 3, 2007 The Clerk read the Resolution by title and BONLENDER MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. BONLENDER MOVED AND JOHNSON SECONDED TO AMEND THE PLAN TO ADD A CROSSWALK AT HATHAWAY AND 16 AVENUE, OR IN THE VICINITY OF DSHS, TO THE PLAN. The motion carried by roll call vote; McClure absent. LOVER MOVED AND JOHNSON SECONDED TO AMEND THE PLAN TO ADD STREET IMPROVEMENTS ON 64 AVENUE FROM WASHINGTON AVENUE TO TIETON DRIVE TO COINCIDE WITH THE CONGDON DEVELOPMENT AGREEMENT. The motion carried by unanimous roll call vote; McClure absent. The question was called for a vote on the motion to adopt the Resolution, adopting the amended Plan. The motion carried by unanimous roll call vote; McClure absent. RESOLUTION NO. R- 2007 -95, A RESOLUTION adopting a Six -Year Transportation Improvement Program for the period of 2008 through 2013 for the construction of streets and arterials streets in the City of Yakima and amending the Metropolitan Transportation Plan. CITY MANAGER'S REPORTS 8. 2006 Annual Report of the City of Yakima Fire Department Council Members Johnson and Bonlender complimented the Fire Department on the Annual Report. 9. Consideration of Resolution authorizing execution of a Regional Stormwater Interlocal Agreement Chris Waarvick, Public Works Director, asked for Council approval of a second interlocal agreement with Yakima County, and the cities of Sunnyside and Union Gap. This agreement implements a regional program minimizing costs to citizens. The next step would be to work with the Council Stormwater Committee to consider the,billing mechanism. He answered questions concerning the payoff of the inter -fund loan, and the City's full program costs. The Clerk read the resolution by title; WHITMAN MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; McClure absent. RESOLUTION NO. R- 2007 -96, A RESOLUTION authorizing the City Manager of the City of Yakima to enter into Intergovernmental Agreements with Yakima County and /or the Cities of Sunnyside and Union Gap in order to initiate and maintain a regional stormwater management program compliant with State law. *10. Consideration of Resolution authorizing execution of an Addendum to the A -1 Tri City Taxi, Inc. contract and vehicle lease to provide guaranteed ride home vanpool services for Yakima Transit's Vanpool Program RESOLUTION NO. R- 2007 -97, A RESOLUTION authorizing and directing the City Manager to execute an Addendum between the City of Yakima and A -1 Tri -City Taxi, Inc. to add guaranteed ride home vanpool services to a current contract and lease regarding the provision of paratransit services by A -1 Tri -City Taxi, Inc. 4 417 JULY 3, 2007 *11. Consideration of Resolution granting a permit for public display of fireworks to Eagle Fireworks for a July 7, 2007 event at Yakima County Stadium RESOLUTION NO. R- 2007 -98, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks on behalf of the Yakima County Stadium, Yakima Bears Baseball *12. Consideration of Resolution declaring surplus eight paratransit vans and recommending the sale of seven vans to Hope Source of Ellensburg RESOLUTION NO. R- 2007 -99, A RESOLUTION declaring eight paratransit vans surplus to the needs of the City of Yakima, and authorizing their sale in a manner most, beneficial to the City of Yakima, seven of the eight will be sold to Hope Source of Ellensburg. *13. Consideration of a Resolution transferring a surplus used Police Department van to the Yakima County Sheriff's Department RESOLUTION NO. R- 2007 -100, A RESOLUTION declaring a used police van to be surplus and authorizing its transfer to the Yakima County Sheriff's Department. 14. Approval of final contract payment for projects performed by MRM Construction, Inc.: A. Pedestrian Pathway Improvements, Phase 1 (Adopt Standard Motion V - - accept project and approve final payment) Council Member Whitman asked for a progress report on the pavers that were a problem at 8 Street and Yakima Avenue. Chris Waarvick, Public Works Director, reported that there are warranties for workmanship in the construction contract. The common thought was it was caused by a very wet fall, followed by cold weather. The problem occurred throughout Eastern Washington. WHITMAN MOVED AND JOHNSON SECONDED TO ADOPT STANDARD MOTION V -B TO ACCEPT THE PROJECT AND APPROVE THE FINAL PAYMENT FOR THE PEDESTRIAN PATHWAY IMPROVEMENTS, PHASE 1, PROJECT NO. 05046 -C, PERFORMED BY MRM CONSTRUCTION, INC. The motion carried by unanimous voice vote; McClure • absent. *B. Historic District Renovation Phase 2 (Adopt Standard Motion V -B — accept project and approve final payment) The final contract payment for the Historic District Renovation Phase 2, Project No. 04087B -C, performed by MRM Construction Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *15. Set Date of Closed Record Public Hearing for July 17,2007 at 7:00 p.m. to consider the nomination of the Hall- Abrams House to the Yakima Register of Historic Places, submitted by the Office of Neighborhood Development Services (ONDS) • July 17, 2007 at 7:00 p.m. was set as the date of a Closed Record Public Hearing to consider the nomination of the Hall- Abrams House to the Yakima Register of Historic Places 5 418 JULY 3, 2007 *16. Set Date of Closed Record Public Hearing for July 17, 2007 at 7:00 p.m. to consider the Hearing Examiner's recommendation regarding a request from.James Obert for rezone of property in the vicinity of 4202 Summitview Avenue July 17, 2007 at 7:00 p.m. was set as the date of a Closed Record Public Hearing to consider the Hearing Examiner's recommendation regarding a request from James Obert for rezone of property in the vicinity of 4202 Summitview Avenue. ORDINANCES 17. Consideration of an Ordinance regulating parking on front yards of city residences and businesses and prohibiting unattended elevated vehicles Lacy Heinz, Assistant City Attorney, said this ordinance has been through the Public Safety Committee. The ordinance requires that cars parked on residential front yards be parked on some kind of hard surface, and prohibits cars on blocks. Enforcement will be done on a complaint basis or by observance by a Code Compliance Officer. Council Member Cawley spoke about the problem of people parking on the front lawns when they don't have a curb cut; which means they are jumping the curb or driving on the sidewalk. Mayor Edler invited public comments. Bev Luby Bartz distributed a copy of an addition she would like to see included in the ordinance, "No vehicle shall be parked on any public or private property when the only access to said property is via crossing a curb or sidewalk without a curb cut or a driveway. Said vehicle shall constitute in evidence a prima facie presumption that the vehicle is in violation of RCW 46.61.606. " Martha Matthews, North Naches Avenue, said that cars parked on front lawns lower the property value of the neighborhood. Lynne Kittelson, 305 N. 9 Street, commended Council on their effort to address this problem. She agreed with Ms. Bartz that the ordinance needs to address jumping the curb and driving on sidewalks. She would also like to include a prohibition of parking on the side yards for houses located on corner Tots. Mary McDaniels, 905 Walker Street, said she was generally in favor of the ordinance, although she had not studied it in detail. Doug Maples reported that, under the definition of driveway, the implication is there needs to be a curb cut, which implies jumping over the curb and driving on sidewalks would not be allowed. Council Member Whitman pointed out the two exemptions in the ordinances; licensed vehicle motor repair or sales (they have their own regulations); and properties in the vicinity of the fairgrounds that park vehicles in their yards during the fair and the 4 of July celebration. The Clerk read the ordinance by title. BONLENDER MOVED AND JOHNSON SECONDED TO PASS THE ORDINANCE. Council member Bonlender spoke in support of the ordinance. Staff addressed concerns expressed by the Council for various scenarios of what would constitute a violation of the ordinance. The question was called for a vote on the motion. The motion carried by 4 -2 roll call vote; Cawley and Lover voting nay; McClure absent. 6 419 JULY 3, 2007 ORDINANCE NO. 2007 -31, AN ORDINANCE relating to Buildings; regulating parking on the front yard and vehicles elevated above ground; enacting a new chapter 11.09 of the City of Yakima Municipal Code. *18. Consideration of Legislation regarding Collective Bargaining Agreement with the Yakima Police Patrolmans Association (YPPA): A. Resolution authorizing the execution of the 2006 -2008 Collective Bargaining Agreement between the City of Yakima and the Yakima Police Patrolman's Association RESOLUTION NO. R -2007 -101, A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement between the City of Yakima and the Yakima Police Patrolman's Association for wages, hours, and working conditions for 2006- 2008; and authorizing the City Manager to execute amendments to the collective bargaining agreement to clarify contract language, maintain compliance with the law, and make other minor adjustments. B. Ordinance amending the Classification and Compensation Plan for certain City Employees ORDINANCE NO. 2007 -32, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective August 5, 2007; amending Subsections 2.20.110A and 2.20.110E, both of the City of Yakima Municipal Code C. First reading of an Ordinance amending the 2007 General Fund Budget An Ordinance amending the 2007 budget and appropriating funds to provide for negotiated wages and benefits for the Yakima Police Patrolman's Association was read by title only, and laid on the table until July 17, 2007 for a second reading. *19. Consideration of an Ordinance relating to the non - exclusive franchise granted to Cascade Natural Gas Corporation to construct, operate and maintain a natural gas transmission /distribution system /facility(ies) in the City of Yakima and providing consent to a merger transaction with MDU Resources Group, Inc. whereby Cascade Natural Gas ORDINANCE NO. 2007 -33, AN ORDINANCE relating to the non - exclusive franchise granted to Cascade Natural Gas Corporation under City of Yakima Ordinance No. 2005 -51 to construct, operate, and maintain a natural gas transmission /distribution system / facility(ies) in the City of Yakima, and providing consent under section 2.13 of that Ordinance to a me,rger,transaction whereby MDU Resources Group, Inc. would acquire all of the outstanding stock of Cascade Natural Gas Corporation, and Cascade Natural Gas Corporation would become a wholly owned subsidiary of MDU Resources Group, Inc. • 420 JULY 3, 2007 *20. Consideration of an Ordinance accepting the Hearing Examiner's recommendation to approve a rezone request from Rosemary Holm for property located at 424 South 50 Avenue, 5015 Tieton Drive and South 51 Avenue/Tieton Drive ORDINANCE NO. 2007 -34, AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, three parcels of property located at 424 South 50 Avenue, 5015 Tieton Drive and South 51 Avenue / Tieton Drive, Yakima, Washington from Two Family Residential, (R -2) and Light Industrial, (M -1) to Local Business, (B -2) as more fully described herein; and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same; Rosemary Holm being identified as the applicant herein. 21. Other Business • Consideration of recommendation from the Council Rules and Procedures Committee to schedule a Study Session on July 10, 2007 at 9:00 a.m. at the Police Athletic League (PAL) Center to review the proposed gang ordinance It was the general consensus of the Council that a study session on the proposed gang ordinance was not needed. Council Member Cawley asked staff to consider an exception to the parking prohibition on 23 Avenue when there are special events held at Franklin Park. 22. Adjournment JOHNSON MOVED AND LOVER SECONDED TO ADJOURN THE MEETING. The motion carried by unanimous voice vote; McClure absent. The meeting adjourned at 7:42 p.m. READ AND CERTIFIED ACCURATE BY G `"�' �� • C• _ B." DATE 0 ;ip -07 COUNCIL MEMBER DATE ATTEST: , CITY CLERK DAVI iLER MAYOR Minutes prepared by Karen Roberts and Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 8