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HomeMy WebLinkAbout07/07/2009 04A Draft Minutes 06-16-2009 Business MeetingYAKIMA CITY COUNCIL BUSINESS MEETING JUNE 16, 2009 COUNCIL CHAMBERS - YAKIMA CITY HALL S:OO P:M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor_Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: Dick Zais, Dave Zabell, Jeff Cutter, Lare Watters, Bill Cook, Chris Waarvick, Michael Morales, and Doug Mayo. Also in attendance were Mike Staton, SLR; and Kurt Peterson, Cascadia Law 2. • Executive Session: Prospective litigation and land acquisition The Executive Session was held and adjourned at 5:51 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter, and Deputy City Clerk Watkins 2. Invocation/Pledge of Allegiance — Assistant Mayor Micah Cawley Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the .Order A. Proclamations ® Willie Turner Day Mayor Edler read a proclamation declaring June 19, 2009 as Willie Turner Day. Mr. Turner was present and accepted the proclamation. Eric Carlson, representing Parker Youth and Sports, spoke about a free clinic that is being held on June 19th and how they will have a special tribute to Willie. R. Presentations / recognitions C. Status .report on prior meeting's citizen service requests m Response from staff regarding parking limit at Chestnut Manor apartments Assistant City Manager Zabell advised that. the issue is to be discussed at the next Parking Commission meeting and a recommendation will be brought back JUNE 16, 2009 to the City Council. Affected residents were invited to attend the meeting. He pointed out that the ordinance does not go into effect until July 7, 2009. D. Appointments to Boards, Commissions and Council Committees 1. (See memo from City Clerk) — No action taken 2. Brian Johnson — Housing Authority Board CAWLEY MOVED AND COFFEY SECONDED TO APPOINT BRAN JOHNSON TO THE HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote. 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 number 9, 12, 21 and 24 were added to the Consent Agenda. The Deputy City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND COFFEY 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. Consideration of approval of Council Minutes • Business Meeting - May 5 and May 19, 2009 Special Meeting — May 19, 2009 The minutes of the May 5 and May 19, 2009 Business meetings and the May 19, 2009 Special Meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. *B. Consideration of approval of Council Committee Meeting Minutes • Neighborhood Development Committee — May 13, 2009 Citizen • Citizen Boards /Commissions /Committees Nominating Committee - May 21, 2009 • Intergovernmental Relations Committee — June 1, 2009 • Economic Development Committee — June 3, 2009 The Council Committee Meeting minutes were approved. 5. Audience Participation No one came forward to speak. 7:00 P.M. — PUBLIC HEARINGS 6. Public hearing regarding a periodic public review of City of Yakima cable television franchise Ordinance No. 93 -115 (as amended) and consideration of an Ordinance extending by one year the term of the franchise granted under Ordinance No. 93 -115 (as amended). Randy Beehler, Community Relations Manager, explained that the cable franchise is a contract giving the cable provider allowance to run their cables over /under City rights -of -way. The franchise gives the City some control over how the provider 2 JUNE 16, 2009 works within the rights -of -way. Charter Cable has satisfactorily complied with all terms of the franchise since the last review was conducted in 2006. • Mayor Edler opened the Public hearing and with no one corning forward to speak, closed it. CAWLEY MOVED AND ADVJSON SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2009- 25, AN ORDINANCE relating to franchises; amending Subsection 2.2 of Ordinance No. 93 -115, as amended by Ordinances No. 97 740, No. 98 -30, No. 99-09, No. 99-31, No. 2000 -24, No. 2003 -41, and No. 2007 -29; and extending the term of the non - exclusive franchise with Charter Communications Holding Company, LLC by one (1) year, from nineteen (19) years to twenty (20) years, from the'effective hate (January 21, 1994) of Ordinance No. 93 -115. 7. Closed Record public hearing and Consideration of a Resolution initiating the designation of the Barge/Chestnut Neighborhood Area Historic District, Phase One to the Yakima Register of Historic Places Vaughn McBride, Associate Planner, described the area and confirmed that the Historic Preservation Commission supports it being placed on the Yakima Register of Historic Places as a Historic. district. There are 216 properties included in Phase 1 of the district nomination. This is the first of several phases planned over the next few years. City staff is working to establish design guidelines. The major benefit of establishing the district is recognition and to insure the properties qualify for a special valuation tax exemption. If 25% or more of the home is improved, they would receive a tax exemption of any raises on their property tax for ten years. ® Mayor Edler opened the Closed Record Public hearing Jenifer Wilde- McMurtrie, Chair of the Barge /Chestnut Historic Preservation Association, recognized the efforts of the volunteers in the neighborhood. This is the first phase of a seven -phase process. She advised that they are hoping to be in This Old House magazine's next issue. • Mayor Edler closed the Closed Record Public hearing CAWLEY MOVED AND COPPEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. Assistant Mayor Cawley suggested there be signs at the entrances to the neighborhood. RESOLUTION NO. R- 2009 -85, A RESOLUTION related to Historic Preservation, initiating the designation of the Barge - Chestnut Neighborhood Area Historic District, Phase One under the provisions of Yakima Municipal Code 11.62.045 Yakima Register of Historic Places 8. Public hearings regarding property at 420 South 3e Avenue: A. Closed Record public hearing and consideration of an Ordinance to consider the Hearing Examiner's recommendation on a rezone request by John and Pahicia Tate 3 JANE 16, 2009 Kevin Futrell, Assistant Planner, described the property as the northwest comer of the intersection of 32nd Avenue and Tieton Drive. The Hearing Examiner recommended approval of the request for rezone from a Residential 1 (R -1) to Residential 2 (R -2) zoning. He approved the Class 3 review for use as a transitional care facility with a development agreement. Mayor Edler opened the Closed Record Public hearing Gary Forrest, 3011 Barge Street, spoke in favor of the rezone and special use arrangement on behalf of the Barge /Chestnut Neighborhood Association. Mayor Edler closed the Closed Record Public hearing CAWLEY MOVED AND COFFEY SECONDED TO PASS THE ORDINNANCE. The motion carried by unanimous roll call vote. _ ORDINANCE NO. 2009-26, AN ORDINANCE relating to land use regulation and zoning; conditionally rezoning a parcel of property located at 420 S. 32nd Avenue, Yakima, Washington from Single - Family Residential (R -1) to Two - Family Residential (R -2) as more fully described herein; and approving the recommendation of the Hearing Examiner regarding the same; John and Patricia Tate being identified as the applicants herein. B. Open Record, public hearing and consideration of a Resolution on the proposed Development Agreement to rezone a parcel from R -1 to R -2 ® Mayor Edler opened the Public. hearing and with no one coming forward to speak, closed it. CAWLEY MOVED AND RODRIGUEZ SECONDED TO ADOPT THE RESOLUTION The motion carried by unanimous voice vote. RESOLUTION NO. R- 2009 -86, A RESOLUTION authorizing and directing the Mayor to execute a Development Agreement with John and Patricia Tate (hereinafter "Developer"), property owners, to provide for the terms and conditions for a conditional rezone of property located at 420 S. 32nd Avenue from Single - Family Residential (R -1) to Two - Family Residential (R -2) to allow for the operation of a transitional care facility (hereinafter "Project"). CITY MANAGER'S REPORTS *9. 2008 Annual Report of the City of Yakima Fire Department The 2008 Fire Department Annual Report was accepted. 10. Consideration of a Resolution approving the use of funds from the CBD Business and Capital Improvement Fund 321 to install a donated public art piece at the intersection of Front Street and "A" Street 4 JUNE 16, 2009 Brooke Creswell, Yakima Arts Giving Circle, presented a photograph of the proposed sculpture to be placed in the bump -out at the intersection of "A" and Front Streets and gave an overview of the process used for the selection. If the project is approved and started now, it would be installed during the month of October. Karl Pasten, owner of the Depot restaurant and a member of the Historic Preservation Commission, raised issue with the process. He said it is the first time he has seen the selected sculpture and that the Historic Preservation Commission was not included in the selection process as they should have been. He asked the City Council to delay their decision and allow the Historic Preservation Commission the opportunity to review it and make a determination as to whether or not it will detract or enhance the historic value of the district. ADKISON MOVED ARID RODRIGUEZ SECONDED TO DELAY THE RESOLUTION UNTIL TIME JULY 7, 2009 COUNCIL MEETING TO ALLOW THE HISTORIC PRESERVATION COMMISSION THE OPPORTUNITY TO REVIEW TIME PROPOSAL. Sharon Trick of the Arts Giving Circle took exception to Mr. Pasten's claim to have been unaware and countered his comments. The motion carried. by a 6 -1 roll call vote; Edler voting nay. 11. Consideration of a request for Council authorization to amend the Clity's anti - graffiti program Archie Matthews, Operations Supervisor of the Office of Neighborhood Development Services, described the problems experienced with the current graffiti program over the past ten years. There is much patchwork and mismatched paint around the city due to the use of donated gray paint. The citizens have become complacent and are now expecting the City to handle all graffiti, even on private residences. They are proposing empowering citizens with a "graffiti clean up" kit that will enable them to remove graffiti with a chemical cleaner and restore their existing coat of paint. He described the research done and alternatives reviewed. The chemical cleaner can be sprayed on and, in the worst cases, may require a little steel wool buffing, and then it can be hosed off. The kit, at a cost of $12 -$15 each, contains a pint of the chemical cleaner, a spray bottle, some fine steel wool, and a high pressure nozzle. The first kit will be supplied to the property owner free of charge. It will also contain information on where they can obtain additional chemicals if needed. The City will continue to address graffiti in alleys utilizing the gray paint and volunteers. With over 80,000 residents in the city, the volume of . complaints has increased beyond the capabilities of the current program with only one full -time employee. They expect the proposed program would reduce our costs and allow us to better keep up with the demand. They would still maintain the senior and handicap assistance program. They will have the Legal Department review the City's liability and what would be required in the form of a data sheet on the chemical. Council requested that they track and monitor the new program and have benchmarks on which to report back to Council. Bill Cook, Community and Economic Development Director, advised that Public Works created a proposal to spend up to $25,000 using a private contractor or leased equipment to address the jersey barriers and walls each day using the same solvent. By the end of the year we should know whether this is a good solution for the public rights -of -way. 5 JUNE 16, 2009 Emma Fishbeck emphasized the importance of dealing with graffiti and expressed concern if there was to be any money removed from the program. M JUNE 16, 2009 LOVER MOVED AND CAWLEY SECONDED TO ACCEPT THE ONDS RECOMMENDATION ON THE ANTI- GRAFFITI PROGRAM, AND TO TAKE THE PUBLIC WORKS PORTION OUT OF THE GENERAL CONTINGENCY FUND RATHER THAN UTILIZING THE STREET RESERVES. The motion carried by a unanimous voice vote. *12. Consideration of a Resolution authorizing execution of agreements with the Department of the Army, Corps of Engineers to repair portions of the levees protecting the. A. Water Treatment Plant B. Wastewater Treatment Plant RESOLUTION NO. R- 2009 -87, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and The Department of the Army, Corps of Engineers to do repair work to portions of the levees protecting the Water Treatment Plant and Wastewater Treatment Plant. *13. Consideration of 2008 Year -end medical insurance report The 2008 Year -end medical insurance report was accepted. *14. Consideration of a Resolution authorizing membership with the National Intergovernmental Purchasing Alliance (National IPA) for cooperative purchasing agreements RESOLUTION NO. R- 2009 -88, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to take such actions as are necessary to register the City of Yakima as a participating public agency with the National Intergovernmental Purchasing Alliance (National IPA). *15. Consideration of a Resolution authorizing execution of an Intergovernmental Cooperative Purchasing Agreement with Yakima Public Schools RESOLUTION NO. R- 2009 -89, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Yakima Public Schools. *16. Consideration of a Resolution authorizing execution of a personal services contract with OIC to provide a community coordinator to assist the Police Department on the Yakima Second Chance Initiative RESOLUTION NO. R- 2009 -90, A RESOLUTION directing the City Manager to enter into a Professional Services Agreement with OIC to provide a Yakima Second Chance Initiative Community Coordinator. *17. Consideration of a final contract payment for Level 2 Domestic Water System Improvements Phase 3 The report from Huibregtse, Louman Associates, Inc., dated May 13, 2009, with respect to the completion of the work on the Level 2 Domestic Water System Improvements -Phase 3, performed by TTC Construction, LLC, was approved, the 7 JUNE 16, 2009 work accepted and payment of the final estimates as therein set forth was authorized. *18. Consideration of a final contract payment for Third Avenue and Nob Hill Boulevard grind and overlay project The report from the City Engineer, dated June 11, 2009, with respect to the completion of the work on the 3"' Avenue and Nob Hill Boulevard Grind and Overlay project, performed by Granite Northwest, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *19. Set Date of Closed Record Public Meeting for July 7, 2009 to consider final plat approval for Washington Heights Phase 1 July 7, 2009 was set as the date of a Closed, Record public meeting to consider final plat approval for Washington Heights Phase 1, located in the vicinity of 76tH Avenue and West Washington Avenue. *20. Set Date of Closed Record Public Hearing for July 7, 2009 on the appeal filed by Howard Hult of the Hearing Examinees decision on property at 1004 N. 34th Avenue #7 July 7, 2009 was set as the date of a Closed Record Public Hearing for the appeal filed by Howard Huit of the Hearing Examiner's decision on property at 1004 N. 341H Avenue V. ORDINANCES *21. Consideration of an Ordinance authorizing. the issuance of Limited Tax General Obligation Bonds to finance the expansion, improvement and rehabilitation of the Capitol Theatre ORDINANCE NO. 2009- 27, AN ORDINANCE of the City of Yakima, Washington, providing for the issuance of limited tax general obligation bonds of the City in the principal amount of not to exceed $8,000,000 to finance the expansion, improvement and .rehabilitation of the Capitol Theatre providing the form and terms of the Bonds; and delegating the authority to approve the final terms of the bonds *22. Consideration of an Ordinance relating to public safety and morals; slaughtering, dressing and butchering of animals and fowl; discharging firearms; and amending the Yakima Municipal Code ORDINANCE NO. 2009 -28, AN ORDINANCE relating to public safety and morals; relating to slaughtering, dressing and butchering of animals and fowl; relating to discharging firearms; amending YMC 6.44.020(A); amending YIVIC 6.20.044; and adding YMC 6.20.045. *23. Second reading of an Ordinance amending the 2009 budget and transferring appropriations from the Public Facilities District Fund to the Public Facilities District- Capitol Theatre Fund for debt service and other costs related to the expansion of the Capitol Theatre Era JUNE 16, 2009 ORDINANCE NO. 2009-29, AN ORDINANCE amending the 2009 budget for the City of Yakima; and making appropriations of $498,000 within the 174 — Public Facilities District-Capitol Theatre Fund for the costs related to the expansion of the Capitol Theatre *24. Consideration of a Resolution authorizing execution of an Intergovernmental Cooperative Purchasing Agreement with Douglas County. RESOLUTION NO. R- 2009 -91, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Douglas County 25. Other Business There was no other business. 28. Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 7:23 p.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 0