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HomeMy WebLinkAbout08/05/2008 04A Draft Minutes 07-01-2008 Business MeetingYAKIMA CITY COUNCIL BUSINESS MEETING JULY 1, 2008 — 6:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call Present: Council:. Assistant Mayor Micah Cawley, presiding, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil .McClure Staff: City Manager Zais, Sr. Assistant City Attorney Cutter, and City Clerk Moore Absent: Mayor Dave Edler (excused) 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 B. Special presentations/ recognitions • City Attorney Ray Paolella Assistant Mayor Cawley read a proclamation recognizing Ray Paolella for • eighteen years of service as he leaves for an appointment with the Eastern Washington Growth Management Board. City Manager Zais spoke of Ray's tenure with the City and presented him with a City wrist watch. Jeff Cutter, Helen Harvey and Cynthia Martinez presented Ray with a beautifully mounted photograph of the Cowiche Canyon trail. He was also given a distinguished service award. Assistant Mayor Cawley presented City Manager Zais with his 35 -year Service Award. C. Status .report on prior meeting's citizen service requests • Response to Bob Cook regarding mandatory recycling Nancy Fortier was available for questions regarding her written report to Council. Mr. Cook was not present. D. ' Appointments to Boards and Commissions None 4. 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. Item No. 13 was added to the consent agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. McCLURE MOVED AND ENSEY 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.) JULY 1, 2008 *A. Consideration of approval of Council Minutes - none *B. Consideration of approval of Council Committee Meeting Minutes • Public Safety Committee — June 4 • Economic Development Committee — June 4 • Boards and Commissions Appointing Committee — June 9 • Neighborhood Development Committee — June 11 • Aquatic Center Feasibility Study Committee — June 9 5. Audience Participation Charles Noel, 1101 N. 4th Street, said he has watched his neighborhood deteriorate for the last ten years: The gangs have steadily increased, and citizens need a permanent solution to gang activities. The current process of painting over graffiti and giving the gang members a new slate is not acceptable. We need a new strategy. He will not stand by while his property or his neighbors' property is vandalized. He described how he has been threatened in his own yard and has felt he had to wear his gun to mow his lawn. He believes the city has the power to deal with the problem if swift and decisive action is taken. Don't just put them into detention or jail; make them clean up the mess they have created. He complimented the police on their actions. Representatives from Apple Valley Kiwanis presented a check for $20,000 for the new skateboard park. Their donations to date are approximately $35,000 with another $15,000 pledged for landscaping. David Severtson spoke about a number of events they have held to raise money. They plan to continue volunteering and mentoring the kids that will be using the park. Maud Scott thanked Council for the contribution of CBDG funds to make up the shortfall for Kiwanis Park: She expressed concern about the mature vegetation on the corner of Maple Street and Fair Avenue and asked that due consideration be given to the age and maturity of those trees. She also expressed opposition to the demolition of the historic incinerator on the property. She encouraged more discussion on alternative uses beyond just sports activities at the park. 7: 00 P.M. -- PUBLIC HEARINGS / MEETINGS 6. Closed Record Public Hearing and consideration of a resolution to approve a request from the Greenway for a public agency and utility exception under the Yakima Critical Areas Ordinance) Jeff Peters, Assistant Planner, explained that, as part of the permit process, the Yakima Greenway Association has requested the City of Yakima grant a Public Agency and Utility Exception allowing adjustment of certain critical areas setback and buffer requirements. On April 24, 2008, the Hearing Examiner held a public hearing and on May 8, 2008 recommended approval with conditions. Staff supports the Hearing Examiner's recommendation. C7 2 JULY 1, 2008 0 • Assistant Mayor Cawley opened the public hearing. Jeff Brantner, Deputy Director of the Greenway; thanked staff for their efforts. If approved, construction would be ongoing throughout the summer. • Assistant Mayor Cawley closed the public hearing. The City Clerk read the resolution by title; McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Edler absent. RESOLUTION NO. R- 2008 -99, A RESOLUTION approving the Hearing Examiner's recommendation to approve with conditions, the request of the Yakima Greenway Foundation for a Public Agency and Utility Exception under the City of Yakima's Critical Areas Ordinance (YMC 15.27.540) to build a pathway, cantilevered fishing piers and other associated amenities within the critical areas of Sarg Hubbard Park's Reflection Pond located at 206 S. 18th Street, Yakima, Washington, and authorizing the Mayor to direct staff to issue the appropriate Critical Area Substantial Development Permit. 7. Closed Record Public Hearing on the Preliminary Plat, Phase 1 of Washington Heights Joan Davenport, Supervising Traffic Engineer, distributed an aerial photo and • gave a report on this property that was recently annexed into the city. She said there has been discussion about the need for stormwater containment and that a stormwater retention facility is planned into the development. The preliminary plat went to the hearing examiner who recommended approval. Assistant Mayor Cawley opened the closed- record public hearing, and with no one coming forward to speak, closed the hearing. McCLURE MOVED AND LOVER SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION. The motion carried by unanimous roll call vote; Edler absent. 8. Public hearing and consideration of an Ordinance to vacate a portion of a public right -of -way adjacent to Scenic Plateau and Englewood West subdivisions located in the vicinity of North 74th Avenue and West Englewood Avenue and Scenic Drive requested by Larry Loveless and WCS Enterprises /Chuck Johnson Joan Davenport, Supervising Traffic Engineer, reminded Council of an approval of the final plat on the middle portion of the vacation area a few weeks ago. She also distributed an aerial photo of the area. The Hearing Examiner conducted a public hearing and is recommending: • The north /south alignment of 74th Avenue, north of the Plateau Place subdivision, be vacated; • The alignment of Scenic Drive right of way, the southern 20 feet be vacated up to a point that includes the Englewood west property; JULY 1, 2008 • Not to vacate that portion east of the property or we would be denying potential access to public streets; and to • Reserve a 20 -foot utility easement on the northern side. Assistant Mayor Cawley opened the public hearing, and with no one coming forward to speak, closed the hearing. The City Clerk read the ordinance by title; McCLURE MOVED AND JOHNSON SECONDED TO APPROVE THE ORDINANCE. The motion carried by unanimous roll call vote; Edler absent. ORDINANCE NO. 2008 -33, AN ORDINANCE relating to land use; vacating two certain portions of street right -of -way in the vicinity of N. 74th Avenue & W. Englewood Avenue, and in the vicinity of N. 76th Avenue & Scenic Drive; Larry Loveless and Charles Johnson are the applicants herein. 9. Public meeting and Consideration of Resolution approving the Wellington Phase 4 Final Plat Joan Davenport, Supervising Traffic Engineer, advised that the preliminary plat for Phase 4 was approved by the County, therefore, the City Council would be adopting the findings the Hearing Examiner made on behalf of the County. The development will be built to the standards that were approved by the County; in this case, with sidewalks on only one side of the street. • Assistant Mayor Cawley opened the public meeting. Bill Hordan, 410 N 2nd Street, responding to a question by Council Member McClure, advised that Phases 1 -4 were approved in one motion by the County. They are requesting the plat be signed so it can be recorded and they could begin selling lots. • Assistant Mayor Cawley closed the public meeting. The City Clerk read the resolution; McCLURE MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Edler absent. RESOLUTION NO. R- 2008 -100, A RESOLUTION approving the final plat of Wellington Estates Phase 4, a 44 -lot subdivision located within the Plat of Wellington Estates at the intersection of West Washington Avenue and Wellington Drive, and authorizing the Mayor to sign the final plat; Cottonwood Partners, LLC is the applicant herein. 10. Public Hearing to consider.adoption of the Six -year Transportation Improvement Program (TIP) for years 2009 to 2014 and to amend the Metropolitan Transportation Plan and the.Yakima Urban Area Comprehensive Plan Capital Facilities element Brett Sheffield, Chief Engineer, advised that two projects (priorities 74 and 75) were added to the Transportation Improvement Plan. They are the Yakima Downtown Futures Initiative Phase 4 and the 10th Street roundabout. 4 • is JULY 1, 2008 • Assistant Mayor Cawley opened the public hearing, and with no one coming forward to speak, closed the hearing. JOHNSON MOVED AND COFFEY SECONDED TO CONTINUE THE HEARING TO JULY 15, 2008. The motion carried by unanimous roll call vote; Edler absent. CITY MANAGER'S REPORTS 11. Report from staff regarding the status of the Barge- Chestnut neighborhood area traffic calming project and general traffic calming program Joan Davenport, Traffic Engineer, gave background information on the traffic calming project. On April 8, 2008, representatives from the Barge /Chestnut Neighborhood Association came before Council asking to have traffic calming devices installed in their neighborhood. At that meeting, Traffic Engineering presented technical data regarding the volume and speed of traffic. Council directed Traffic Engineering to prepare a professional request for services and develop a first phase. That has been done and was submitted to Kittelson and Associates to prepare a preliminary design. Kittelson and Associates plan to meet with representatives of the Barge /Chestnut Association and make recommendations for approximately twelve intersections in the area. The recommendation is for low -cost, low- maintenance traffic circles, with no landscaping. The study should cost $16,000418,000, using money in that fund, and should take approximately sixty days to complete. Mrs. Davenport also reported on traffic calming in general: They have received very positive feedback from the public on the "Your speed is" signs and are purchasing four . more. They would like to locate at least one in the Barge /Chestnut neighborhood. They will also be spending some of the fund on stickers to put on refuse containers that say "Keep Kids Alive - Drive 25" They will be visible on trash days; this is a nationwide campaign. Gary Forrest, 3011 Barge Street, a member of the Barge /Chestnut Neighborhood Association and Chairman of the Traffic Committee, thanked Council and staff for the progress on their petition. Walt Ranta, 5 South 32nd Avenue, also thanked Council for moving forward, but is concerned about the piecemeal method being used that has the potential of just moving the problem around. Kim Kovalik, 32nd & Yakima Avenue, spoke about the problems in the area. McCLURE MOVED AND COFFEY SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous vote; Edler absent. 12. Consideration of an application by Lauro Pereira for a right -or -way use permit to place a fence at 505 East Beech Street Michael Morales, Deputy Director of Community and Economic Development, explained why they are recommending denial of the application. There is an existing sewer line that dates back to 1905 and has a high likelihood of needing repairs in the future. There is also a clearview issue that would result from the fence. If the request is denied, Mr. Pereira will have to move his fence. Mr. Pereira said that if that happens, he expected a neighbor would have to. remove 5 JULY 1, 2008 his as well. JOHNSON MOVED AND McCLURE SECONDED TO DENY THE • REQUEST AND HAVE HIM PUT THE FENCE ON HIS OWN PROPERTY. The motion carried by a 5 -1 vote; Lover voting nay, Edler absent. *13. Consideration of a Resolution authorizing execution of a professional services agreement to conduct a wetlands assessment of Kiwanis Pond RESOLUTION NO. R- 2008 -101, A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Professional Services Agreement with The Watershed - Company to conduct environmental services preceding a decision to submit a Joint Aquatic Resources Permit Application (JARPA) for the pond at Kiwanis Park. 14. Consideration of legislation relating to the Capitol Theatre campus and other project: Michael Morales, Deputy Director of Community and Economic Development, described the cost of Traho Architect's contract on the Capitol Theatre project. There are three separate phases, and the potential of additional specialty consults. He estimates their fees, which are based on a percentage of costs, could total as high as $1.18 to $1.2 million. He also explained that approval of the resolutions does not obligate the City to close T Street. A. Consideration of a Resolution authorizing execution of a professional services agreement with TRAHO architects for architectural design services for the Capitol Theatre Campus project The City Clerk read the resolution by title; McCLURE MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Edler absent. RESOLUTION NO. R- 2008 -102, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to'execute an architectural services agreement with Traho Architecture to provide architectural services for improvements to the Capitol Theatre. B. Consideration of a Resolution authorizing reimbursement from bond proceeds for Capitol Theatre and other bond projects Rita DeBord, Finance and Budget Director, described the suggested financing proposal and said it would increase efficiencies for both staff and Council. Council would authorize staff to sign a letter of intent stating that we would utilize the proceeds of a bond issue to pay for expenditures prior to the time we actually issue the debt. No funds could be expended without Council authorization, but it would allow the signing of a letter of intent stating that, once we issue bonds, we can reimburse ourselves. This is critical because this is a tax exempt debt. This method is the recommendation of the bond council and would apply to all bond issues. The City clerk read the resolution by title; JOHNSON MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. Motion carried by unanimous roll call vote; Edler absent. • C: JULY 1, 2008 • RESOLUTION NO. R- 2008 -104, A RESOLUTION of the City Council of the.City of Yakima, Washington, appointing the Director of Finance and Budget or the Treasury Services Officer of the City for the purpose of designating certain expenditures for potential reimbursement from bonds that may be authorized and approve for issuance by the City Council in the future. C. Consideration of a Resolution authorizing an inter -fund loan from the reserve fund for the Capitol Theatre project Mrs. DeBord, explained how this resolution relates to the previous one. The Capitol Theatre is looking to expend approximately $500,000 prior to the issuance of bonds. The financing plan for allowing this to happen is an inter -fund loan from one fund to another. This will give them the cash flow to accomplish the up -front work. The money will be reimbursed next year. This was an approved policy issue in the 2008 budget. The City Clerk read the resolution by title; JOHNSON MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Edler absent. RESOLUTION NO. R- 2008 -104, A RESOLUTION authorizing an Interfund Loan from the 198- Capitol Theatre Reserve Fund to the 322 - Capitol Theatre Construction Fund in an amount not to exceed $500,000, and setting the terms of repayment. *15. Report from Human Resources division regarding the City's Health Benefit Plan for 2007 -2008 The report on the Health Benefit Plan for 2007 -2008 was accepted. *16. Consideration of an application from Sound Environmental Strategies on behalf of TOC Holdings Company for a right -of -way use permit to install two groundwater monitoring wells on North 16th Avenue between Jerome and Englewood Avenues The permit was approved. *17. Consideration of a Resolution accepting the Paul Coverdell Forensic Science Improvement Grant RESOLUTION NO. R- 2008 -105, A RESOLUTION ratifying an application for a grant in the total amount of up to $59,200 from the United States Department of Justice, Office of Justice Programs, and National Institute of Justice 2008 Paul Coverdell Forensic Science Improvement Grant Program for the purpose of procurement of AFIS technology that focuses on data information - sharing and /or an additional forensic analysis being conducted to improve the quality and timeliness of evidence processing designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all documents and contracts necessary to complete said grant transaction. 7 JULY 1, 2008 *18. Consideration of a Resolution ratifying a law enforcement grant application with the Department of Justice and authorizing corresponding interlocal agreement with Yakima County RESOLUTION NO. R- 2008 -106, A RESOLUTION ratifying an application for a grant in the total amount of $21,478 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all documents and contracts necessary to complete said grant transaction. *19. Consideration of a Resolution authorizing execution of a professional services agreement with Rural Community Development Resources for technical assistance RESOLUTION NO. R- 2008 -107, A RESOLUTION authorizing the City Manager to execute an agreement with Rural Community Development Resources (RCDR) in the amount of Twenty -Five Thousand Dollars ($25,000) in Community Development Block Grant funds to provide technical assistance to microenterprise businesses within the Yakima Renewal Community. *20. Consideration of a Resolution declaring the cantilevered train crossing light standard located on Lincoln Avenue between 1St and 2 "d Avenues as surplus and authorizing donation to the Washington State Department of Transportation for its use on US 97 in the vicinity of Branch Road RESOLUTION NO. R- 2008 -108, A RESOLUTION declaring the cantilevered train crossing light standard located on Lincoln Avenue between 1 st Avenue and 2 "d Avenue as surplus and authorizing donation of the standard to WSDOT for the improvement of the rail crossing on US 97 in the vicinity of Branch Road. *21. Consideration of a Resolution authorizing execution of an interlocal agreement between the City of Yakima and the Washington Department of General Administration for financial assistance for a street crosswalk project in the vicinity of 16th Avenue and Hathaway RESOLUTION NO. R- 2008 -109, A RESOLUTION concerning the City Council's approval of an Interlocal Agreement between the City and the Washington Department of General Administration establishing the parties' terms and agreements supporting the General Administration's financial assistance to complete a street crosswalk project in the vicinity of 16th Avenue and Hathaway within the City to provide a safe pedestrian crossing associated with the Washington Department of Social and Health Services building that the Department of General Administration owns, as well as to generally provide for the health, safety and well being of the citizens of Yakima. • r;1 �J JULY 1, 2008 *22. Set date of Closed Record Public Hearing for July 15, 2008 at 7:00 p.m. for the preliminary long plat of Vista Ridge July 15, 2008 at 7:00 p.m. was set as the date of closed record public hearing to consider the preliminary long plat of Vista Ridge. *23. Set Date of Public Hearing for July 22, 2008 at 7:00 p.m. on an Emergency Medical Services levy proposal July 22, 2008 at 7:00 p.m. was set as the date of closed record public hearing to consider an Emergency Medical Services levy proposal. ORDINANCES *24. Consideration of an Ordinance amending the 2008 Budget and appropriating funds from the 333 -Law and Justice Capital Fund to provide for a feasibility study for a police substation (First reading) An Ordinance amending the 2008 budget and appropriating funds from the 333 - Law and Justice Capital Fund to provide for a feasibility study for a police • substation, was read by title only, and laid on the table until July 15, 2008 for a second reading. • *25. Consideration of an Ordinance amending the 2008 Budget and appropriating funds for 2008 general obligation bond issue projects for street, pedestrian crossing signals and fire ladder truck (First reading) An Ordinance amending the 2008 budget and appropriating funds from the 000 - General Fund; 142 - Arterial Street Fund; and 342 - Public Works Construction Fund to provide partial funding to purchase a replacement fire .truck and to construct pedestrian crossings, was read by title only, and laid on the table until July 15, 2008 for a second reading. *26. Consideration of an Ordinance amending the 2008 Budget and appropriating funds from the Parks capital budget to complete funding for Kiwanis Skate Park (First reading) An Ordinance amending the 2008 budget and appropriating funds. from the 331 - Parks and Recreation Capital Fund to provide for construction of a skate park, was read by title only, and laid on the table until July 15, 2008 for a second reading. I• JULY 1, 2008 27. Other Business • Tom Holbrook, Airport Board member, gave a brief report on recent activities at the Yakima Air Terminal. • Loaned their FAA 2008 entitlement funds to Pasco and will receive Pasco's 2009 funds for Yakima's airport projects. • Developed standardized rules and regulations for airport leases. • Valley Mall Boulevard extension project underway; some businesses are being inconvenienced. • Congress is stalling on the FAA reauthorization bill. There is another extension, but we should get the money this fiscal year. • Rob McCormick started remodeling a building at the west end of the airport for the pilots to use for planning and resting. • Report just released that states there are 73 airports in the northwest region; Yakima is ranked #27. • Horizon's flights have decreased to four flights a day. Delta's ridership has increased. He noted that 42% of passengers from Yakima do not fly out of the Yakima Airport and they would like to capture that ridership. • Airport overlay PowerPoint is finished; they are finishing up the ordinance and hope to forward to city and county. Printed copies are available. Presented to Union Gap planning commission with good feedback. • Security at the airport has been revamped due to TSA regulations. • They are getting a certified appraisal of the central building as the lease is up and they need to determine the appropriate charge. • • Thanked Council for reappointing Bill Wheeler to the Board. He was re- elected chairman. • A summer intern is working at the airport; she is in charge of the 80`h anniversary celebration to be held September 13, 2008. • The Wide Hollow development, Creekside West, has started signing their first leases. • TSA has not made a payment in 90 days. They turned the issue over to Doc Hastings' office. • Strategic goals are available for review; they are committed to accomplishing all the goals stated. Acting Mayor Cawley asked staff to refund Mr. Pereira's $50 application fee for a right -of -way use permit that was denied. Michael Morales, CED Deputy Director, advised that the $25 million Local Infrastructure Financing Tool (LIFT) application to the state was delivered yesterday. They are very excited about the potential of receiving the funding which relates to $1 million a year for 25 years. He claimed that this last year's planning process with New Vision really helped substantiate the application. r 10 JULY 1, 2008 • This afternoon bids were opened on Phase 3 of the Downtown Futures Initiative. The bids came in at $1.5 million compared to the $1.8 predicted. City Manager Zais advised that the recruitment process to fill the vacated City Attorney position has begun. During the interim, the City's three top legal authorities, Jeff Cutter, Helen Harvey, and Cynthia Martinez will be rotating as acting City Attorney. Everyone is carrying additional duties during the recruitment process and while another attorney is out on maternity leave. 28. Adjournment McCLURE MOVED AND ENSEY SECONDED TO ADJOURN TO JULY 8, 2008 AT 8:00 A.M. IN THE CITY COUNCIL CHAMBERS FOR A STUDY SESSION ON PROPOSED ZONING UPDATES /AMENDMENTS AS REVIEWED BY THE REGIONAL PLANNING COMMISSION. The motion carried by unanimous voice vote; Edler absent. READ AND CERTIFIED ACCURATE BY ATTEST: r • 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 11