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HomeMy WebLinkAbout03/03/2009 04A Draft Minutes 02-03-2009 Business Meeting• 1. Roll Call YAKIMA CITY COUNCIL BUSINESS MEETING FEBRUARY 3, 2009 - 5:00 P.M. COUNCIL CHAMBERS - YAKIMA CITY HALL Present: Council: Assistant Mayor Micah Cawley, presiding, Council Members Kathy 'Coffey, Bill Lover, Neil McClure, and Sonia Rodriguez Staff: City Manager Zais, Acting City Attorney Cutter and City Clerk Moore Absent: Mayor Edler, Council Member Ensey (excused) 2. . Executive Session: • Collective Bargaining; Prospective and Pending Litigation Executive Session was held and adjourned at 5:40 p.m. 1. Roll Call * * * * * * * * ** YAKIMA CITY COUNCIL BUSINESS MEETING FEBRUARY 3, 2009 - 6:00 P.M. COUNCIL CHAMBERS - YAKIMA CITY HALL Present: Council: Assistant Mayor Micah Cawley, presiding, Council Members Kathy Coffey, Bill Lover, Neil McClure, and Sonia Rodriguez Staff: City Manager Zais, Acting City Attorney Cutter and City Clerk Moore Absent: Mayor Edler, Council Member Ensey (excused) 2. Invocation/Pledge of Allegiance - Council Member Neil McClure 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 requests - None D. Appointments to Boards and Commissions • Community Review Board member removal - Hector Franco Questions arose as to whether Mr. Franco knew this action was pending. It was suggested that a request be made to the Chairman of the Community Review Board for information on the circumstances surrounding this request. • 4. 5. FEBRUARY 3, 2009 Consent agenda Assistant Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There were no changes. The City Clerk read the consent agenda items, including resolutions and ordinances by title. McCLURE MOVED AND COFFEY SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Edler and Ensey absent. (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 • Adjourned Meeting — November 25, 2008 The minutes of the November 25, 2008 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. *13. Consideration of approval of Council Committee Meeting Minutes • Economic Development Committee — January 7, 2009 • Public Safety Committee — January 7, 2009 • Downtown Futures Committee — January 20, 2009 • Council Transit - Transportation Committee — January 21, 2009 Council committee meeting minutes were approved. . Audience Participation Thomas McCormick expressed condolences regarding the death of Police Officer Mike Rummel. He also commented on the profanity from riders on transit buses and requested something be done about it. Pam Jette, 702 N. 6h Street, spoke about graffiti problems in her neighborhood. She questioned why there isn't a curfew in Yakima. She is frustrated at the constant tagging of her fence and she asked for increased security patrols between 2 a.m. and 6 a.m. if she isn't going to get the cameras requested. 7:00 PM — PUBLIC HEARINGS 6. Public Meeting and Consideration of a Resolution on the Final Plat of Scenic Plateau, Phase II subdivision in the vicinity of 72nd and Englewood Avenues, submitted by Lary Loveless Bruce Benson, Planning Supervisor, explained that the first twelve lots have already been developed and adopting the resolution would authorize the Mayor to sign the plat. FA • C� • FEBRUARY 3, 2009 • Assistant Mayor Cawley opened the public Hearing. Larry Loveless, the developer, said they are proud of the development and appreciated Council's consideration. • Assistant Mayor Cawley closed the public Hearing. The City Clerk read the resolution by title only; LOVER MOVED AND COFFEY SECONDED TO ACCEPT THE FINAL PLAT AS PREPARED. The motion carried by unanimous roll call vote; Edler and Ensey absent. RESOLUTION NO. R- 2009 -23, A RESOLUTION approving the final plat of Phase II of Scenic Plateau, a 23 -lot subdivision located north of and including 7405 Englewood Avenue, City No. FLP #002 -09 and authorizing the Mayor to sign the final plat for Phase II; Larry and Kimberley Loveless, are the applicants herein. 7. Public Hearing to consider the Hearing Examiner's recommendation to vacate two portions of public right -of -way in the vicinity of 207 East "S" Street, submitted by Dean Owens Bruce Benson, Planning Supervisor, noted that the Hearing Examiner held a public hearing on December 11, 2008 and recommended approval on December 26th Staff recommends accepting vacation and ask Legal to prepare appropriate ® legislation. • Assistant Mayor Cawley opened the public Hearing. 0 Bill Hordan, speaking on behalf of Mr. Owens, said there has been no public opposition to this vacation. • 'Assistant Mayor Cawley closed the public Hearing. McCLURE MOVED AND LOVER SECONDED TO APPROVE AND REQUEST LEGAL TO PREPARE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote; Edler and Ensey absent. 8. Public Hearing to consider the Hearing Examiner's recommendation to vacate public right -of -way in the vicinity west of Naches Avenue between LaSalle Street and south of Rainier Street; and an undeveloped portion of LaSalle Street west of Naches Avenue, submitted by Noel Properties, Inc. Bruce Benson, Planning Supervisor, pointed out that by completing these two vacations it would create a complete site. He noted that construction plans are underway. The Hearing Examiner held an open record public hearing December 17, 2008, and recommended approval in January 2009. Staff supports the Hearing Examiner's recommendation. 3 FEBRUARY 3, 2009 • Assistant Mayor Cawley opened the public Hearing. • Bryan Myre, on behalf of the Noel Corporation, urged approval and stated it is consistent with the use of the property in the area. Myra Vargas asked what would happen to their homes. Mr. Benson showed her on the map that they are not affected as it only affects the public right of way. • ' Assistant Mayor Cawley closed the public Hearing. McCLURE MOVED AND COFFEY SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND HAVE LEGAL DRAW UP THE PROPER DOCUMENTS. The motion carried by unanimous roll call vote; Edler and Ensey absent. 9. Public hearing and consideration of an Ordinance approving the Highland Annexation located in the vicinity of Scenic Drive and North 8& Avenue Jeff Peters, Assistant Planner, said there was 75.5% approval on the petition for the annexation. The proposed area is approximately 18.78 acres consisting of six tax parcels with a total assessed valuation of $2,929,600. The estimated population is six. The Boundary Review Board approved the annexation January 23, 2009. The Planning Division recommends accepting petition 08-11 and adopting the ordinance. Bill Cook, Director of Community and Economic Development, explained that the area is included in the "red zone" in the agreement with West Valley Fire, therefore, we are already supplying fire protection services. Police coverage currently goes to 8& Avenue, a half -block away. It was noted that the agenda statement needs to be corrected showing that the taxes will be payable to the City in 2010 not 2011. • Assistant Mayor Cawley opened the public hearing and with no one coming forward to speak, closed the public hearing. The City Clerk read the resolution by title; McCLURE MOVED AND COFFEY. SECONDED TO APPROVE THE ANNEXATION. The motion carried by unanimous roll call vote, Edler and Ensey absent.. ORDINANCE NO. 2008 -04, AN ORDINANCE concerning annexation; annexing the Highland Annexation area to the City of Yakima; maintaining the current zoning of the area; providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of the City's current . indebtedness by properties in the Highland Annexation area; and an effective date of March 8, 2009. C7 4 FEBRUARY 3, 2009 CITY MANAGERS REPORTS 10. Consideration of a request from the Yakima Airport regarding the 2008 storm water assessment Assistant City Manager Zabell explained the request is for the 2008 billing and the first half of 2009. The fiscal effect would be $11,900. The preliminary opinion from one person in the FAA is that this potentially could be viewed as a diversion of funds. City Manager Zais clarified that it would be paid out of contingency dollars. The County has also been asked to help. The motion would also need to waive any late fees. Council Member Lover stated that he still thinks exemption should legally be allowed. He also questioned whether the airport should have to pay it at all because the property is owned by the City and the County. McCLURE MOVED AND LOVER SECONDED TO STOP COLLECTIONS, DON'T ADD ANY LATE FEES OR INTEREST, BUT DON'T ELIMINATE IT UNTIL WE HAVE A BROADER PROPOSAL FROM THE AIRPORT AS TO HOW THEIR FINANCIAL-NEEDS IMPACT US. Council was asked to clarify what additional legal research they were requesting. The answer was a broader FAA decision as well as whether we can exempt public facilities, or those with hardships. Council Member Coffey suggested the possibility of a bridge loan to give the new airport manager a chance to resolve some of the problems. Council Member Lover asked to have the stormwater ordinance checked to see if payment is the owner's responsibility. The motion ® carried by unanimous roll call; Edler and Ensey absent. 11. Consideration of a Resolution authorizing execution of a consultant agreement for professional services with Huibregtse, Louman Associates, Inc. for the development of the design for the Nob Hill Boulevard improvements project; along with the authority to execute other such documents that may be deemed necessary for the completion of this project Michael Morales, Deputy Director of Community and Economic Development, said the consultant agreement would allow completion of the design and would lay out the right -of -way requirements. Construction funding is currently not in place but they are seeking grant funding as well as from the Transportation Improvement Board. They feel it is prudent to have the project ready to go for either of the funding scenarios. The City Clerk read the resolution by title only; McCLURE MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. It was clarified that the Wal -Mart section of the road expansion is already approved and will be done first. The motion carried by unanimous roll call vote; Edler and Ensey absent. RESOLUTION NO. R- 2009 -24, A RESOLUTION authorizing and directing the City Manager to execute a consultant agreement for professional services with Huibregtse, Louman Associates, Inc. (Consultant) and also authorizing the City Manager to execute any additional contracts or agreements that may become necessary and prudent for the completion of the Nob Hill Boulevard Improvements project. 5 FEBRUARY 3, 2009 * • 12. Consideration of a joint City /County Resolution ratifying an application for federal assistance and Standard DOT Title VI Assurances, and authorizing the execution of a grant agreement for federal assistance between the Federal Aviation Administration and the City and County of Yakima) RESOLUTION NO. R- 2009 -25, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsors Attorney between the Federal Aviation Administration and the City of Yakima, Washington, and the County of Yakima, Washington. *13. Consideration of a Resolution authorizing execution of an agreement with Citizens for Safe Yakima Valley Communities to foster community development, contribute to City government operations, improve the quality of life and build a safer community RESOLUTION NO. R- 2009 -26, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Agreement with Citizens for Safe Yakima Valley Communities (hereafter "CSC") for the purpose of fostering community development, contributing to the operation of City government, improving the quality of life in Yakima and building a safe community. * Memorandum of • 14. Consideration of a Resolution authorizing execution of a Memora Agreement with West Valley School District for the maintenance of West Valley Community Park RESOLUTION NO. R- 2009 -27, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a "Memorandum of Agreement (MOA) between the City of Yakima and the West Valley School District No. 208 for the maintenance of West Valley Community Park. *15. Consideration of a Resolution authorizing a sole source procurement between the City of Yakima and Eimco Water Technologies LLC and Penn Valley Pump Company, Inc..to purchase a Dissolved Air Floatation Thickener (DAFT) unit and a double disc pump, respectively RESOLUTION NO. R- 2009 -28, A RESOLUTION authorizing a sole source procurement between the City of Yakima and Eimco Water Technologies LLC and Penn Valley Pump Co. Inc. to purchase a DAFT Unit and Double Disc Pump respectively without bids. A FEBRUARY 3, 2009 *16. Consideration of a Resolution authorizing execution of an agreement with Milliman, Inc. for actuarial services for certain pension plans and other post - employment benefits provided by the City of Yakima RESOLUTION NO. R- 2009 -29, A RESOLUTION authorizing the execution of a Consulting Services Agreement with Milliman, Inc. Actuaries and Consultants for an actuarial study for the purposes of determining the City's estimated liabilities relating to pensions and other post - employment benefits for LEOFF and PERS members in order to meet the City's financial reporting requirements and bond issuance disclosure obligations. *17. Set date of public meeting for February 24, 2009 at 7:00 p.m. to consider final plat approval for the Plat of Reed's Addition in the vicinity of North 93`d and Summitview Avenues February 24, 2009 was set as the date of public meeting to consider final plat approval of the Plat of .Reed's Addition *18. Set date of joint City /County public hearing for March 3, 2009 to amend the Yakima Urban Area Zoning Ordinance and to consider the Regional Planning Commission's recommendation on the proposed Adult Business Ordinance March 3, 2009 was set as the date of a joint City /County public hearing to amend the Yakima Urban Area Zoning Ordinance and to consider the Regional Planning ® Commission's recommendation on the proposed Adult Business Ordinance Ell" J *19. Set date of joint City /County public hearing for March 3, 2009 to consider the Hearing Examiner's recommendation for land use changes and the concurrent Regional Planning Commission's recommendation for amendments to the City's Comprehensive Plan Future Land Use Map: March 3, 2009 was set as the date of a joint City /County public hearing to consider the Hearing Examiner's recommendation for land use changes and the concurrent Regional Planning Commission's recommendation for amendments to the City's Comprehensive Plan Future Land Use Map. 20. Other Business Discussion regarding moving the March 17, 2009 City Council meeting to another date The request to change the date of the March 17, 2009 City Council business meeting was made in order to accommodate schedules for the annual National League of Cities' congressional meetings in Washington D.C. during that same time. It was the consensus of Council to move the meeting to March 24, 2009. 7 FEBRUARY 3, 2009 21. Adjoumment McCLURE MOVED AND COFFEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote; Edler and Ensey absent. The meeting adjourned. at 7:17 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A DVD of this meeting are available in the City Clerk's Office • 9