HomeMy WebLinkAbout11/06/2007 Business Meeting 55 -7
BUSINESS MEETING
NOVEMBER 6, 2007
COUNCIL CHAMBERS — CITY HALL
6:00 P.M. — PUBLIC SESSION
1. Roll Call
Present:
Council: Mayor Dave Edler, (absent until 6:35) 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
Mayor Pro Tem McClure presided until Mayor Edler's arrival at 6:35 p.m.
2. Invocation /Pledge of Allegiance
Council Member Whitman gave an invocation and led the Pledge of Allegiance
3. Open Discussion for the Good of the Order
A. Proclamations
• National Hunger and Homeless Awareness Week
Mayor Pro Tem McClure read a proclamation declaring November 11 -17, 2007 as
National Hunger and Homeless Awareness Week. Beth Dannhart, Chair of the
Homeless Network of Yakima County accepted the proclamation and thanked the
Council for their support.
B. Special Presentations / Recognitions
• Committee for Downtown Yakima Ambassador Program update
Sean Hawkins said the Ambassador Program ended October 31S He spoke of the ,
accomplishments of the program and supplied statistics. During the season, they
removed 42,120 pounds of trash /litter /debris from the 20 block area. They removed 789
graffiti tags, most within 12 hours. They did 1,437 visitor meet - and - greets going into
businesses and offering assistance as well as assisting visitors. They also spread 32
cubic yards of mulch, making a great difference in the plantings. The team consisted of
a bi- lingual member, one from Yakama Nation, a disabled person, a woman, and three
Anglos. It is hoped that this program can continue.
C. Status report on prior meeting's citizen service request
• Response to Mike Hunnel's complaint regarding code enforcement •
A response was supplied in the Council packet. Mr. Hunnel was not present.
D. Appointments to Council Boards and Commissions
JOHNSON MOVED AND CAWLEY SECONDED TO APPOINT JOHNSON,
BONLENDER AND CAWLEY TO A COUNCIL APPOINTING COMMITTEE FOR THE
DOWNTOWN YAK/MA PARKING COMMISSION. The motion carried by unanimous
voice vote.
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E. Report from Special Council Committee re Dog License Fees
Council Member Bonlender explained the reasoning behind his suggestion to lower dog
license fees. After discussion on various aspects of the proposal, JOHNSON MOVED
AND CAWLEY SECONDED TO DIRECT STAFF TO BRING BACK LEGISLATION
AMENDING THE ORDINANCE TO LOWER THE LICENSE FEE FOR ALTERED
DOGS TO $5, RAISE THE IMPOUND FEE TO $25, ELIMINATE THE THREE -YEAR
LICENSE, AND TO CHARGE SENIOR CITIZENS ONE -TIME PER ANIMAL. The
motion carried by unanimous roll call vote; Edler absent.
Mayor Edler arrived and received the gavel.
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.
Items No. 10, 11 and 21 were added to the Consent Agenda. The City Clerk read the
Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED
AND McCLURE 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. Council Minutes
• Business Meeting — October 2 and 16, 2007
• Adjourned Meeting — October 9 and 23, 2007
*B. Council Committee Meeting Reports:
• - Council Neighborhood Development Committee -- October 10, 2007
• Council Budget Committee report from October 18, 2007
5. Audience Participation
Nathan Kwack, Graffiti Gone, gave an update on the progress of the three graffiti
removal projects. Now graffiti is easily washed off. The restroom at the Transit Center
has been tagged and removed numerous times and is a good example of the success of
the treatment.
Tom Holbrook, member of the Yakima Air Terminal Board, gave an update of things
happening at the airport. The restaurant is now open. There is also a kiosk in the
secured area to supply refreshments. Boarding statistics increased through August,
although they are down to 63 -65% for September /October. A business plan will be
coming out soon. He also spoke about the striping of the main runway, the airport
overlay committee continuing to meet, and construction projects that are ongoing or
have been completed.
Freya Burgstahler, 1507 Bellmont Avenue, asked for information regarding ownership
and plans for the Capitol Theatre.
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NOVEMBER 6, 2007
7: 00 P.M. -- PUBLIC HEARINGS / MEETINGS
6. Public Hearing to consider the Hearing Examiner's recommendation to vacate a
portion of the right -of -way in the Central Business District between 3 and 4
Streets behind the William O. Douglas Federal Courthouse
Michael Morales, Deputy Director of Community and Economic Development, explained
the vacation request from the General Services Administration (GSA) that went before
the Hearing Examiner on September 13, 2007. The Hearing Examiner rendered a
recommendation for approval without compensation. Staff recommends Council
approval.
• Mayor Edler opened the public hearing
A citizen asked about protection of utilities with regard to the vacation . and was assured
by a representative from GSA that all utilities and /or easements will be protected.
• Mayor Edler closed the public hearing
McCLURE MOVED AND CAWLEY SECONDED TO DIRECT STAFF TO PREPARE
THE ORDINANCE TO VACATE THIS RIGHT -OF -WAY. The motion carried by
unanimous roll call vote.
7. Public Hearing to consider the sale of Transit property in the vicinity of 32 and
34 Avenues and Nob Hill Boulevard
Chris Waarvick, Public Works Director, clarified that this public hearing is part of the
approval process to further the transaction of the sale. The property has been in the
City's inventory for many years. The attempts to sell in the past were with a condition of
rezone; this sale does not have that condition.
• Mayor Edler opened the public hearing
No one came forward to speak to the issue.
• Mayor Edler closed the public hearing
McCLURE MOVED AND CAWLEY SECONED TO DIRECT STAFF TO PREPARE
THE APPROPRIATE SALE AND TRANSFER DOCUMENTS. The motion carried by
unanimous voice vote. The revenue will go into the Transit Capital Budget.
8. Public Hearing to consider the Hearing Examiner's recommendation to vacate the
right -of -way for Yakima Hospitality in the vicinity of East Yakima Avenue and
South 8 Street
Michael Morales, Deputy Director of Community and Economic Development, explained
the vacation request from Yakima Hospitality. It went before the Hearing Examiner on
September 13, 2007. The Hearing Examiner recommended approval on September 27,
3007. Staff recommends Council approval.
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NOVEMBER 6, 2007
. Mayor Edler opened the public hearing
No one came forward to speak to the issue.
• Mayor Edler closed the public hearing
McCLURE MOVED AND CAWLEY SECONDED TO UPHOLD THE HEARING
EXAMINER'S RECOMMENDATION TO APPROVE AND TO REQUEST LEGAL TO
PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous ^
voice vote.
9. Public Hearing to consider proposed legislation amending the Storm Drainage
and Surface Water Management Utility Ordinance
City Manager Zais supplied background information, first recognizing former Council
Member Clarence Barnett through whose efforts we have achieved understanding and
acceptance of the differences between eastern and western Washington and, because
of which, we now have separate stormwater manuals issued by the Department of wq
Ecology (DOE). Dealing with compliance requirements enacted by the U.S. Congress in .
conjunction with the Clean Water Act and promulgated through the EPA has been an ;
arduous process over the last decade. The hearing tonight is because of the need to
implement the stormwater utility at the minimum requirements we have to meet.
Stormwater management is a health and safety issue. There are no corporate, private or
public boundaries. This was the foundation for a major initiative of the City Council to put
together a regional stormwater program and a policy group formed with Yakima, Union
Gap, Yakima County, Sunnyside and Moxee, as well as any other community that
wishes to take part. At the beginning of the process, the Regional Stormwater Policy
Group (RSPG) took a critical look at what regulations were required and re- examined a
study that had been done determining what the stormwater mandates might ultimately
mean. When that OTAC study came forward, there were major concerns about cost.
This gave rise to public scrutiny and questions about whether costs could be reduced
with a careful assessment of what was needed to meet mandatory requirements at a
minimum level. That is what the group was charged to do and led to a value engineering
study. The goal of the study was to make sure everyone who had an interest would be
aware of the mandates, as well as determine what DOE could bring to the table as far as
resources. Ours was the first regional stormwater policy group in the state. That
impressed the DOE and they put forth several hundred thousand dollars to help fund the
process for all participating jurisdictions. There are still many disputes in other areas of
the state, but we have not had that problem because we have been working together for
a common - ground regional solution. Our model is now being looked at as a guideline
across the state.
The time has arrived for us to finally institute the utility. Technically, it has been in place
for a couple of years because the EPA required that we show we had adopted a plan.
Although that EPA requirement came out in 2003, we had some protection because the
state delayed the permit. But, that did not insulate the City from showing we were
moving forward with compliance. We had to set forth anticipated rate schedules,
although we knew they could be subject to change as a result of the value engineering
study. For two consecutive years, we have deferred the implementation of the utility and
the rate base related to implementation, staffing requirements, and capital improvement
plans. We have had responsibilities to fulfill in the intervening time, however, so we
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NOVEMBER 6, 2007
subsidized those through the City's Wastewater utility (about $1.3 million to date). That
was done with the hope that, as the utility was formed, there would be a repayment
made for those advanced dollars. That is a significant commitment that the City stepped
up to because we didn't know what the final numbers would be. When the ordinance
was first enacted, it had a schedule outlining those costs and rates according to the
OTAC study. When we came back to it, we cancelled the subsequent years except for
the first year (the $18 ERU) and we indicated that was subject to potential revision.
Clarence Barnett was prophetic in his comments. At the time, he encouraged us to not
include any fee until we knew the outcome of the value engineering study, but we left it
in as a placeholder knowing it could be subject to change because of the value
engineering assessment. The assessment, looking at the total build -out, essentially
validated and reduced compliance responsibilities on a renewal basis. As a
consequence of the study, there is in excess of $5 million in savings to all participating
entities. We are still on a phased compliance schedule meeting certain conditions of the
permit from Ecology over the next three to five years. But, about this same time last
year, we came to Council and suggested holding off any implementation until the
assessment was completed. This hearing was scheduled for that purpose. Our
proposals are not cast in concrete, but are designed to meet minimum compliance and
staffing requirements, to implement the program through regional cooperation. Funding
will be handled through the County's property tax methodology using an interlocal
agreement.
Dave Zabell, Assistant City Manager, pointed out that what we need to do is laid out in
Phase II of the National Pollution Discharge Elimination System (NPDES) permit and the
Underground Injection Chamber (UIC) federal regulations. We are approaching year
two of NPDES and year three of the UIC regulations. That the City of Yakima, Yakima
County, Union Gap, Selah, etc. are going to spend money on stormwater is a given.
How much varies depending on how many UICs, miles of pipe, etc. The permit has
mandated tasks identified as being a common requirement with all of the entities;
education, outreach, permit monitoring, administration, etc. We entered into an
interlocal agreement earlier with those other agencies to take advantage of the savings
offered through regional efforts. We have to have a program that works and is effective.
We have some discretion on how we go about it, but very little discretion of whatme
need to do. Program costs, laid out in the introductory memo in the book, were
reviewed. There are three options with regard to the cost of doing the program, but the
cost of non - compliance is $27,500 a day per violation. He referred to the three rate
options; A, B and C developed by the RSPG. He mentioned that there are changes to
the original ordinance that was passed. Based on working out the billing procedures
with the County, it is not possible to incorporate credits for low income, seniors, and the
disabled. Originally that was a 20% reduction ($4 -$7 a year). We need to set a rate;
right now it is $18 per ERU. If no action is taken that will be the rate for next year. The
late payment issue is the other remaining item. Late payment penalties will not take
effect until the beginning of the following year.
Option A - no change $18 for next year
Option B — flat rate $35 per year
Option C — graduated rate $22/$37
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NOVEMBER 6, 2007
Council Member Cawley asked if we are legally required to pay back the Wastewater
Division. City Attorney Paolella, said the Accountancy Act does require reimbursement
from one fund to another but there is flexibility in timing of the repayment.
• Mayor opened the public hearing
•
Bill Wheeler, Air Terminal Board Chairman, read the letter he wrote on November 2nd
asking for exemption of fees for public runways, taxiways, and parking areas.
Mike Morrisette, Greater Yakima Chamber of Commerce, read a written statement (copy
attached.) The Chamber reluctantly agrees utility fees are necessary to offset the
unfunded mandates, but urge minimum compliance.
Trent Marquis, 3801 Creekside Business Park, also requested due diligence on the
issue and not to implement any more than is absolutely necessary.
Brad Christianson, Ace Hardware, contends that Yakima does not need an expensive 4
system. He also expressed concern about the definition of stormwater and fears the
money being collected is going into payroll because of shifting people into a new taxing
authority.
Clarence Barnett, 916 S. 17 Avenue, asked Council to retain the original $18 per ERU
stormwater base rate for the year 2008 because the public has relied on this amount
during their 2008 budgetary process. According to the background information, the $18
rate will sufficiently fund the minimum requirements, although it does not provide for any
reimbursement for Wastewater during 2008.
Due to election night with four positions being decided, JOHNSON MOVED AND
CAWLEY SECONDED TO CONTINUE THIS HEARING UNTIL NOVEMBER 20, 2007.
CITY MANAGER'S REPORTS
*10. Consideration of a Resolution amending the agreement with the Committee for
Downtown Yakima for additional resources to assist with downtown winter
maintenance activities
RESOLUTION NO. R- 2007 -147, A RESOLUTION authorizing the City Manager's •
execution of an amendment to City contract number 2007 -26 providing for $15,000
additional funds from the PBIA Fund 161 to the Committee for Downtown Yakima for the
. cost of retaining one additional maintenance person for the duration of the CDY contract
with the City.
*11. Consideration of a Resolution authorizing execution of a professional services
agreement with MBG Surveying to perform topographic and construction
surveying services for the Yakima Downtown Futures Initiative Project, Phase 3
RESOLUTION NO. R- 2007 -148, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute a professional services
agreement in an amount of $22,040 for surveying services on the Yakima Downtown
Initiatives Project (West).
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NOVEMBER 6, 2007
*12. Consideration of a Resolution authorizing execution of an interlocal agreement
between the City of Yakima and the City of Union Gap for fire department
command officer response
RESOLUTION NO. R- 2007 -149, A RESOLUTION authorizing and directing the City
Manager to execute an interlocal agreement between the City of Yakima and the City of
Union Gap for the provision of Battalion Chief services by the Yakima Fire Department.
*13. Consideration of a Resolution authorizing execution of Pear Tree Place, LLC
Water Main Reimbursable Agreement and Conveyance
RESOLUTION NO. R- 2007 -150, A RESOLUTION authorizing the City Manager and
City Clerk of the City of Yakima to execute Pear Tree Place, LLC Water Main
Reimbursable Agreement and Conveyance.
• *14. Consideration of a Resolution ratifying a Vanpool Rental Agreement (GCA5559)
with the Washington State Department of Transportation for the lease of five 2006
Ford 15- passenger vans
RESOLUTION NO. R- 2007 -151, A RESOLUTION authorizing, ratifying, and approving
the City Manager's signature on the State Vanpool Rental Agreement and all other
necessary documentation with the Washington State Department of Transportation to
lease five of their passenger vans for a period not to exceed June 30, 2008.
*15. Consideration of Resolution declaring one 1993 trailer- mounted jet -sewer cleaner
surplus to the needs of the City of Yakima Wastewater Division and authorizing
the sale of the cleaner to the Town of Naches
RESOLUTION NO. R- 2007 -152, A RESOLUTION declaring one 1993 Trailer Mounted
Jet -Sewer Cleaner surplus to the needs of the City of Yakima's Wastewater Division and
authorizing the sale of such equipment to the Town of Naches.
*16. Consideration of a Resolution ratifying agreements with the City of Selah for:
A. Police Communications Services
B. Information Systems Services
RESOLUTION NO. R- 2007 -153, A RESOLUTION ratifying a Police Communications
Services contract and an Information Systems Services agreement with the City of
Selah.
*17. Consideration of 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
RESOLUTION NO. R- 2007 -154, 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.
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NOVEMBER 6, 2007
*18. Set date of Open Record Public Hearing for December 4, 2007 at 7:00 p.m. to
consider the Hearing Examiner's Recommendation to vacate a portion of the right-
of -way in the Central Business District located just north of Chestnut between 3rd
and 4th Streets behind the Capitol Theatre Building
December 4, 2007 was set as the date of the Open Record Public Hearing to consider
vacating a portion of the right -of -way in the Central Business District located just north of
Chestnut between 3rd and 4 Streets behind the Capitol Theatre Building.
*19. Set date of Closed Record Public Hearing for December 4, 2007 at 7:00 p.m. to
reconsider the Sierra Vista Preliminary Long Plat
December 4, 2007 was set as the date of Closed Record Public Hearing to reconsider
the Sierra Vista Preliminary Long Plat.
ORDINANCES
*20. Consideration legislation regarding IAFF labor contract settlement and other
employee groups:
A. Resolution authorizing execution of the 2007 -2009 Collective Bargaining
Agreement between the City of Yakima and International Association of
Firefighters (IAFF) Local 469 (Fire LEOFF)
RESOLUTION NO. R- 2007 -155, A RESOLUTION authorizing the City Manager to
execute a collective bargaining agreement between the City of Yakima and the
International Association of Firefighters (IAFF) Local 469 LEOFF unit for wages, hours,
and working conditions for 2007 -2009; 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 of the City,of ;
Yakima Municipal Code for certain City employees
ORDINANCE NO. 2007 -54, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective January 1, 2008;
amending Subsections 2.20.100A, 2.20.100C, 2.20.110A, 2.20.110B, 2.20.110C,
2.20.110F, and 2.20.11OG all of the City of Yakima Municipal Code.
21. Other Business
* A. Consideration of Resolution authorizing execution and submission of a
$55,000 grant/loan application and contract with Yakima County Supporting
Investments in Economic Diversification (SIED) fund for the South 28 Avenue
improvement Project
RESOLUTION NO. R- 2007 -156, A RESOLUTION authorizing the City Manager to
execute a grant and loan application and contract with Yakima County for funding from
the Yakima County Supporting Investments in Economic Development (SIED) Fund for
infrastructure improvements necessary on South 28 Avenue for GE Aerospace.
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22. Adjournment
MCCLURE MOVED AND WHITMAN SECONDED TO ADJOURN TO NOVEMBER 13,
2007 AT 8:30 A.M. FOR CITY COUNCIL BUDGET REVIEW IN THE COUNCIL
CHAMBERS. The motion carried by unanimous voice vote. The meeting adjourned at
8:00 p.m.
READ AND CERTIFIED ACCURATE BY k!` f(
e . CIL MEMBER DATE
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COUNCIL MER DATE
ATTEST:
a 4 1 L'
CITY CLERK / D∎VID EILE !AYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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