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HomeMy WebLinkAbout10/16/2007 Business Meeting : BUSINESS MEETING OCTOBER 16, 2007 COUNCIL CHAMBERS — CITY HALL 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 Deputy Clerk Watkins 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 A. Proclamations - None B. Special Presentations / Recognitions - None C. Status report on prior meeting's citizen service request -- None D. Appointments to Council Boards and Commissions • Yakima Solid Waste Advisory Committee The County sent a letter requesting a City Council representative on the Yakima Solid Waste Advisory Committee. BONLENDER MOVED AND McCLURE SECONDED TO APPOINT RON BONLENDER TO THE YAKIMA SOLID WASTE ADVISORY COMMITTEE WITH NEIL McCLURE AS THE ALTERNATE. The motion carried by unanimous voice vote. NOTE: Following the meeting, it was determined that Council Member Lover had been appointed to that committee during the Council Retreat held in January 2006. Therefore, the appointment of Ron Bonlender was invalid. E. Report from Special Council Committee re Dog License Fees Council Member Bonlender gave an overview of ideas that have been discussed but stated there are details yet to be worked out before a presentation can be made to Council. They are looking into having a larger disparity in fees for neutered versus non - neutered animals to try and encourage altering. 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 removed from the agenda and Item No. 17 was added to the Consent Agenda. The Deputy 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.) 4 OCTOBER 16, 2007 *A. Council Minutes • Business Meeting — September 18, 2007 • Adjourned Meeting — September 25, 2007 The minutes of the September 18 and 25, 2007 Adjourned and Business 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: • Downtown Yakima Futures Initiative — September 26, 2007 • Council Budget Committee report — October 4, 2007 • Council Transit Committee report — September 19, 2007 • Council Transportation Committee report — October 9, 2007 • Council Economic Development Committee report — October 3, 2007 The reports were approved as submitted. 5. Audience Participation Mike Hunnel, 913 S. 4 Avenue, submitted pictures of properties that he felt appeared to be in violation of City codes; 115 W. Yakima Avenue and 412 S. 2nd Avenue. He also rebutted a complaint he had received on his property at 913 S. 4 Avenue. Lynne Kittelson, 305 N. 9 Street, invited Council members and the public to attend the second annual League of Women Voter's Downtown Walk to be held at 11 a.m. on October 17 in the Historic District. Council Member Whitman responded to a citizen complaint she had received regarding the sport utility vehicles used by the Police Department. She explained that four of the five are used by shift sergeants and carry traffic cones, flares, cameras and other items needed at crime scenes not carried in the individual patrol cars. They are 2 -wheel drive Chevrolet Tahoes and are not rated for pursuit driving. The fifth one is a 4 -wheel drive that is pursuit rated and is the SWAT 24 -hour rapid response vehicle carrying heavy shields, automatic weapons, etc. These are not luxury items but are intended for practical use. At this time Mayor Edler mentioned that Bobbie Aguilar and Edgar Mendoza were killed a year ago by a stolen car /police pursuit because the person in the stolen car was high on meth. Bobbie's mother called to remind us of that and to ask if we were still working to change laws so no mother has to experience this. Chief Granato reported that with regard to the eluding law there has been no change at the state level. He has been approached by the Pacific County Sheriff to again make an attempt at changing the law in the upcoming legislative session. It will be one of our legislative priorities. On the auto theft side, there are increased penalties. With regard to the meth issue, we are not aware of anything happening at this time. Currently the emphasis is on the sexual predator problem. We have not given up and we will be inviting the Aguilars to join us again when we go to the legislature. It was noted that the Attorney General recently donated $25,000 to the Citizens for a Safer Yakima to be used for an anti -meth campaign. 2 4 4 OCTOBER 16, 2007 7: 00 P.M. -- PUBLIC HEARINGS / MEETINGS 6. Public Hearing and Consideration of the 2008 CDBG and HOME Annual Action Plan Bill Cobabe, Office of Neighborhood Development Services Manager, presented the final draft version of the 2008 Annual Action Plan for Community Development Block Grant and HOME Programs. He pointed out that the City receives the funds on behalf of all of the citizens of Yakima and the decisions as to how they are invested are made by the City Council. After a public process including written input, gathering input from specific groups, and public meetings, staff makes recommendations to the City Council. This year's plan proposes partnerships with other divisions within the City and other non - profit entities with the idea of expanding services without additional funds. Because it is unknown what the 2008 allocation will actually be, this plan is subject to modification by Council. Mr. Cobabe explained the new directions from HUD for funding graffiti removal. • Mayor Edler opened the public hearing Luz Gutierrez, 1424 S. 31 Avenue, spoke against the plan as presented. She claimed that two of the recommended projects were not discussed at any of the public hearings • she attended and that the same programs are continuing to be funded. It was her opinion that Hispanics were not properly considered and are not represented on the City's boards and commissions. She stated that she has no faith in the ONDS staff and sees no effective results from their office. Hector Franco also complained about requesting funds multiple times and never making it onto the list. He spoke against OIC's operation of the Southeast Community Center and how they continue to receive funds. He requested the opportunity to sit down with the City Manager and discuss the operation of the Office of Neighborhood Development. Nestor Hernandez, President of the Hispanic Chamber of Commerce and a local real estate agent, spoke about the small amount of funding for the First Time Down Payment Assistance program. He asked the Council to not approve the proposed plan. He said he would like to be involved on the committee that decides how this money is to be used. Lynne Kittelson, 305 N. 9 Street, also expressed concern about the limited funds for first time home buyers. • Mayor Edler closed the public hearing Mr. Cobabe addressed questions from Council regarding "first time home owner assistance" and "down payment assistance ". He also spoke about the trend in reduced dollars coming into the CBDG and HOME programs, noting that we would need to be receiving close to $4 million to have the same purchasing power we did twenty years ago when we first received $1 million, yet our projected number for 2008 is $1.25 million. 3 • OCTOBER 16, 2007 The Deputy City Clerk read the resolution by title; McCLURE MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. Council Member Bonlender pointed out that it is still open for amendments any time during the year. Council Member Cawley said he would prefer delaying the vote on the plan until he can get more information. The motion carried by a 4 -3 roll call vote; Lover, Whitman, and Cawley voting nay. RESOLUTION NO. R- 2007 -143, A RESOLUTION authorizing the adoption of the 2008 CDBG and HOME annual action plan. 7. Consideration of report and recommendation from the City Council Public Safety Committee re: solicitation of proposals for a feasibility study to expand the City jail and replace the police substation located at the airport Council Member Whitman, as Chairman of the Public Safety Committee, commented that the average cost to house an in -mate at the County jail went from $57.61 in 2002 to $83.95 in 2007, a 45.7% increase. During that same time period, the cost at the City jail went from $40.92 to $51.30 which is 25.3 %. As a result, we are looking at doing a feasibility study on expanding the City jail. In the study we will also look into moving the police substation currently located at the airport further west. City Manager Zais added that the jail expansion is a business decision based on fiscal challenges. He mentioned that the City jail is designed more efficiently than the County's. An expansion like this will take time and will cost several million dollars, but it is necessary to protect us from having to spend more dollars outside the city. Chief Granato said as the City has expanded, we recognized the need for a presence to the west and originally chose the airport substation because of cost. With the City's continued expansion to the west, we are looking for a full - service police substation to be located further out. The study will tell us exactly what our capabilities and needs are in that area. Lt. Gary Belles described the present cost situation and noted that the only way to control those costs is to house our prisoners in our own well designed facility. We won't know how viable that alternative is until we conduct a study. We are looking at tripling the capacity allowing for growth and adding the ability to house female prisoners which we currently cannot do. Council Member Cawley suggested looking into teaming up with the Transit study that is looking for a west side facility and maybe putting them on the same property. City Manager Zais said the study is not currently budgeted and would be a policy issue coming to Council in the budget through the Public Safety Committee. It was suggested that it would take three to four months to do the preliminary study and solicit proposals, following that another six to nine months to do the study. WHITMAN MOVED AND BONLENDER SECONDED TO AUTHORIZE THE CITY MANAGER AND STAFF TO SOLICIT THE DESCRIBED PROPOSALS AND BRING IT BACK TO THE PUBLIC SAFETY COMMITTEE. The motion carried by unanimous voice vote. 4 4 {9 OCTOBER 16, 2007 *8. Consideration of Resolution authorizing use of 2007 budgeted funds, and preliminary 2008 budgeted funds for the continued implementation of Work Packages with Black & Veatch Corp. on Phase 1 improvements at the Wastewater Treatment Plant RESOLUTION NO. R- 2007 -144, A RESOLUTION authorizing the City Manager to approve use of budgeted funds for the continued implementation of Work Packages described in the April 23, 2003 Agreement between the City of Yakima and Black and Veatch Corporation for professional services on Phase 1 improvements at the Wastewater Treatment Plant. Consideration of Resolution authorizing procurement of a vehicle wash fluid containment system from Hydro Engineering, Inc., as a sole source purchase, for use in the Public Works complex to avoid environmental risk This item was removed from the agenda and deferred to a later time. *10. Consideration of a Resolution declaring a used police vehicle as surplus and authorizing its transfer to the Union Gap Police Department RESOLUTION NO. R- 2007 -145, .A RESOLUTION declaring a used police vehicle to be surplus and authorizing its transfer to the Union Gap Police Department. *11. Consideration of Resolution authorizing execution of an agreement with ATS Automation, Inc. for maintenance and repairs to the City of Yakima Police and Legal Center HVAC system RESOLUTION NO. R- 2007 -146, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a service agreement with ATS Automation, Inc. to perform necessary maintenance and repairs to the HVAC system at the City of Yakima Police and Legal Center. *12. Set date of Public Hearings on 2008 Preliminary Budget for November 20, 2007: A. 2008 Ad Valorem Tax B. 2008 Proposed budget The date of November 20, 2007 was set for a Public Hearing on A) the 2008 Ad Valorem Tax, and B) the 2008 proposed budget. *13. Set date of Open Record Public Hearing for November 6, 2007 to consider the Hearing Examiner's Recommendation to vacate a portion of the right -of -way adjacent to parcels in the Central Business District located just north of Chestnut between 3rd and 4th Streets behind the William O. Douglas Federal Courthouse The date of November 6, 2007 was set for a Public Hearing to consider the Hearing Examiner's Recommendation to vacate a portion of the right -of -way adjacent to parcels in the Central Business District located just north of Chestnut between 3rd and 4th Streets behind the William O. Douglas Federal Courthouse. 5 50 OCTOBER 16, 2007 *14. Set date of Open Record Public Hearing to consider the Hearing Examiner's recommendation to approve right -of -way vacation #02 -07, Petition No. 07 -03, for Yakima Hospitality, in the vicinity of East Yakima Avenue and South Eighth Street The date of November 6, 2007 was set for a Public Hearing to consider the Hearing Examiner's Recommendation to approve right -of -way vacation #02 -07, Petition No. 07- 03, for Yakima Hospitality, in the vicinity of East Yakima Avenue and South Eighth Street. *15. Set date of public hearing for November 6, 2007 to consider proposed legislation amending the Storm Drainage and Surface Water Management Utility Ordinance The date of November 6, 2007 was set for a Public Hearing to consider proposed legislation amending the Storm Drainage and Surface Water Management Utility Ordinance. ORDINANCES 16. Consideration of Ordinance amending the Yakima Municipal Code to reduce the speed limit in the area of the brick surface on Front Street and A Street within the North Yakima Historic District, and posting signs to limit truck traffic to local service only Shelley Willson, Streets and Traffic Operations Manager, said they had been approached by the Front Street Association to look into reducing the speed limit on the described sections. They also included restricting truck traffic in the area. She noted they are also looking at restricting truck traffic on 17 Street. Although it is listed that it is to reduce the wear and tear on the bricks, it is more a request to change the atmosphere of the area. Mrs. Willson said the speed should not affect the condition of the bricks. Council Member McClure asked about street sign clutter in the area and advised that Joan Davenport from Traffic Engineering has developed a signage plan. McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. CAWLEY MOVED AND LOVER SECONDED TO AMEND SECTION 1.B.7. OF THE ORDINANCE CHANGING 38 AVENUE FROM TIETON DRIVE TO NOB HILL BOULEVARD TO 25 MPH. Council Member Cawley explained his amendment. Following discussion, the amending motion failed by a 5 -2 roll call vote, Bonlender, Edler, Johnson, McClure and Whitman voting nay. The question was called on the original motion. The motion carried by unanimous roll call vote. ORDINANCE NO. 2007 -50, AN ORDINANCE relating to the regulation of Traffic and Rules of the Road within Yakima City Limits; amending section 9.50.370 Speed Limits of Chapter 9.50 of the City of Yakima Municipal Code. *17. Second reading of an Ordinance amending the 2007 budget and appropriating funds to provide infrastructure for the Marvin Gardens affordable housing development and surrounding neighborhood An Ordinance amending the 2007 budget and appropriating funds, having previously been read by title only, was brought before the Council for a second reading. 6 • ' 541 OCTOBER 16, 2007 ORDINANCE NO 2007 -51, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making appropriations of $371,866 within the 124 — Neighborhood Development Fund for expenditure during 2007 to provide infrastructure for an affordable housing subdivision. *18. Consideration of Ordinance repealing section 8.80.025 of the Yakima Municipal ' Code; and amending Chapter 8.80 of the Yakima Municipal Code relating to trees and shrubs, streets and sidewalks ORDINANCE NO. 2007 -52, AN ORDINANCE relating to Trees and Shrubs, Streets and Sidewalks, repealing Section 89.80.025 of the City of Yakima Municipal Code in its entirety; and amending Chapter 8.80 of the Yakima Municipal Code. *19. Second reading of an Ordinance amending the 2007 budget and appropriating funds in the sewer capital budget for the Ahtanum sewer project. An Ordinance amending the 2007 budget and appropriating funds, having previously been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2007 -53, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making an appropriation of $530,450 within the 476 — Sewer Construction Fund for expenditure during 2007 to provide for a Sewer Extension Project in the South Airport - Ahtanum Industrial Area. 20. Other Business Council Member Cawley requested the Council Rules and Procedures Committee to review the process for items coming to Council through the committee structure. He specifically referenced a Sr. Nutrition Program that had been denied last year. He thought it had been denied at the staff level. City Manager Zais gave an update on the Grade Separation Project. The design of the second phase should be ready for bid in the spring of 2008. The report shows an escalation of the total project costs as a result of steel prices, concrete and other materials. The new projected total is a little over $36 million. When the official numbers from the second phase bid come in, we will be able to go back to the funding partners for additional contributions and allocations. 21. Adjournment • McCLURE MOVED AND WHITMAN SECONDED TO ADJOURN TO OCTOBER 23, 2007 IN THE COUNCIL CHAMBERS FOR A STUDY SESSION ON THE CRITICAL AREAS ORDINANCE FROM 8 -9:30 A.M. AND A PRESENTATION OF THE 2008 PRELIMINARY BUDGET FORECAST FROM 9:30 -10:00 A.M. The motion carried by unanimous voice vote. The meeting adjourned at 7:48 p.m. 7