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Home My WebLink About08/03/2010 Business Meeting 297 YAKIMA CITY COUNCIL BUSINESS MEETING AUGUST 3, 2010 COUNCIL CHAMBERS, YAKIMA CITY HALL 12:00 P.M. — EXECUTIVE SESSION PLANNING CONFERENCE ROOM 1. RoII CaII Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter 2. Executive Session • Prospective litigation / Pending litigation • Property Acquisition Executive Session adjourned at 1:45 p.m. 2:00 P.M. — BUSINESS MEETING 1. Roll CaII Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Invocation /Pledge of Allegiance Council Member Edler gave an invocation and led the Pledge of Allegiance 3. Open Discussion for the Good of the Order A. Proclamations — None B. Presentations /recognitions /introductions 1. Recognition of participants in Gang Free Initiative Awareness Campaign Representatives from the ad hoc committee, Ken Messer (KYVE), Bob Berry (KVNW /Univision) and Jamie Stickel (Yakima Herald- Republic) spoke about the collaborative effort in putting the program together and recognized the other participants that contributed to this campaign. 2. Presentation of "Thanks Census Operation and Results of Census 2010" - No one was present. 3. Presentation of "2009 Outstanding Wastewater Treatment Plant Performance Award" by Department of Ecology Dean Smith of the Department of Ecology congratulated the City of Yakima for their outstanding performance for 2009. This is the second time the City has 298 AUGUST 3, 2010 won the award in the last four years, which is a major accomplishment. Wastewater Division Manager Scott Schafer accepted the award and recognized his staff for their efforts. C. Status reports on prior meeting's citizen service requests 1. Response to Mike Hunnel regarding ADA seating at Sundome event Community and Economic Development Director Michael Morales referred to the report that was in the Council packet and the research done to assure that ADA compliance was adhered to at the referenced event. Mr. Hunnel expressed his displeasure at the response. City Manager Zais advised Mr. Hunnel that the Sundome was constructed by the County to the codes in force at the time under County Public Works. He suggested that inquiries should be directed to the County. 2. Response to Jim Evans regarding weeds in the Alpine Way development (Doty property) Community and Economic Development Director Michael Morales referred to the memo in the packet that advised what abatement was done as well as notifications to residents with regard to their responsibility for code compliance. 3. Response to Candy Turner regarding debris and weeds on 80 Avenue Public Works Director Chris Waarvick reported that the area in question had occasionally been abated by mowing of the ditch bank. We were previously able to use a DOC crew, but due to financial constraints we no longer have that capability. It was noted that using street crews for this purpose would negatively impact our other street maintenance efforts. Mayor Cawley suggested writing a letter to the Season of Service committee to see if they would consider helping in this area. D. Appointments to Boards, Commissions and Council Committees 1. Yakima Housing Authority COFFEY MOVED AND EDLER SECONDED TO REAPPOINT BRIAN JOHNSON TO THE HOUSING AUTHORITY BOARD. The motion carried by unanimous roll call vote. 4. Consent Agenda 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 numbers 9, 13, and 14 were added and item number 15 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY 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.) 2 299 AUGUST 3, 2010 *A. Consideration of approval of Council Meeting Minutes 1. Business 6 and , The minutes of the July 6 Meeting and — July July 20, 2010 July Business 202010 meetings 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 1. City /County Intergovernmental Committee — July 13, 2010 • Council Committee meeting minutes were approved. 5. Audience Participation Jim Evans, 4405 Summitview, thanked the City for cutting the weeds in the Doty but complained about how long it took to take care of it. He explained Sunnyside's enforcement methods of a $30 /day fine (up to a total fine of $2,400) if it is not abated. He also pointed out other weedy areas, the wear and tear of nearly empty buses on the bus routes, and recommended considering the use of smaller buses. He went on to state what he considered inefficiencies in City equipment and staffing. Robert Redmond and Higinio Cornell of Willow Street described their efforts at organizing a Community Watch Program (Block Watch) in their neighborhood and invited Council members to attend one of their meetings next month. Robert Owen, 614 N. 3` Street, suggested holding weekly Council meetings instead of twice a month. He said he had expected a response from Council to his comments made at the recent "Listening" sessions but did not receive one. He claimed he had been directed to exit a City bus due to cat odor and felt that was also why there had been a complaint filed on cats at his house. Tom Allen presented a new American Flag to Council Member Edler for his church. He made two code compliance complaints: 1) impaired sight at the SW corner of Tieton and S. 27 Avenue; and 2) the boarded up house on the Doty property. He also noted the house number does not correlate with the neighborhood. Mr. Allen then referred to the City's budget deficit and suggested there be a flat across -the- board cut of 6% or 11.5 %, for example, with the exception of firefighters and police. Mr. Allen requested a breakout of costs on salaried workers (union members) versus management (supervisory, exempt). 3:00 P.M. — PUBLIC HEARINGS 6. Public Hearing and consideration of a Resolution to amend the Six -year Transportation Improvement Program (TIP) Community and Economic Director Morales described the modifications to the TIP: 3 300 AUGUST 3, 2010 • : ,64 Avenue (Washington to Nob Hill Blvd) — multiple phases • Powerhouse/William O. Douglas Trail Connector Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the resolution by title only; EDLER MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2010 -98, A RESOLUTION to amend the Six -year Transportation Improvement Program (TIP) for the period of 2011 through 2016 to include projects affecting the City's Transportation Plan. CITY MANAGER'S REPORTS 7. Report from Council Budget Committee regarding recommendations for: A. 2011 outside agency requests B. Financial policies and guidelines 1. General Reserve Fund 2. Non - recurring expenditures 3. Fees and charges City Manager Zais reviewed a report submitted through the Council Budget Committee requesting Council input on funding for outside agencies, reserve funding, and non - recurring expenditures. Council agreed to move the Yakima - Morelia Sister City Association from Economic Development to the General Fund. EDLER MOVED AND ENSEY SECONDED TO ELIMINATE FUNDING FOR OUTSIDE AGENCIES IN 2011. The motion carried by unanimous roll call vote. With regard to the general reserve fund policy, COFFEY MOVED AND ENSEY SECONDED TO ADOPT THE RECOMMENDED RESERVE POLICY OF NOT ALLOWING IT TO DROP BELOW 7%41%. The motion carried by unanimous roll call vote. City Manager Zais also noted that it had been recommended to the Budget Committee that reliance on reserves be no greater than $1 million, or less than 2 %, for the 2011 budget. With regard to Non - recurring expenditures (identifying known expenses and putting monies aside), COFFEY MOVED AND ADKISON SECONDED TO ACCEPT THE RECOMMENDATION. The motion carried by unanimous roll call vote. Council directed staff to draft a policy for fees and charges. Council discussion covered investigating privatization of some of the services and the need for services to be self - supporting. 8. Report from the City Attorney and consideration of an Ordinance regarding emergency legislation to approve an amendment to the cruise ordinance City Attorney Cutter summarized his research into the legality of applying the emergency provisions to the proposed ordinance. This situation does not meet those provisions and could be deemed as providing a special privilege to one individual group and deny the people their opportunity to object Council actions. The 4 301 AUGUST 3, 2010 City Clerk read the ordinance by title only; EDLER MOVED AND ADKISON SECONDED TO PASS THE ORDINANCE. After much discussion about how the application had been handled, the potential of supporting diversity in the community, and alternative methods of supporting a "cruise," the motion failed by a 4 -3 roll call vote; Lover, Cawley, Coffey, and Ensey voting no. *9. Consideration of the Parking Commission recommendation for interim use of the "Barrel House" parking lot The Parking Commission recommendation was approved. 10. A. Consideration of a Resolution authorizing the execution of the 2010 -2011 Collective Bargaining Agreement between the City of Yakima and IAFF Local 469 (Fire LEOFF) City Manager Zais spoke about the negotiations and advised that the proposal has been ratified by the bargaining team. The City objective of a wage freeze for 2010 was met. He described the additional conditions with regard to health costs and special pay for truck operators. He said the City supports this settlement and noted the risks involved with arbitration if we cannot reach agreement. The City Clerk read the first resolution by title only; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion failed by a 4 -3 roll call vote; Cawley, Ensey, Edler and Lover voting no. B. Consideration of a Resolution authorizing the execution of the 2010 -2011 Memorandum of Understanding between the City of Yakima and IAFF Local 469 (Battalion Chiefs) The City Clerk read the resolution by title only; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion failed by a 4 -3 roll call vote; Cawley, Ensey, Edler and Lover voting no. *11. Consideration of final contract payments to Mowat Construction Company for Nob Hill Boulevard Overpass Repairs — Project No. AS2229 (Standard Motion V -B — Accept the project and approve the final payment) The report from the City Engineer, dated June 29, 2010, with respect to the completion of the work on the Nob Hill Boulevard Overpass Repairs — City Project No. AS2229, performed by Mowat Construction Company was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *12. Consideration of a Resolution adopting policy updates to the Single Family Rehabilitation and the Senior /Disabled Home repair program RESOLUTION NO. R- 2010 -99, A RESOLUTION authorizing the City Manager to execute program policy updates to the Single Family Rehabilitation Loan program and the Senior /Disabled Home repair programs. 5 302 AUGUST 3, 2010 ORDINANCES • *13. Consideration of an Ordinance revising the procedures and requirements for sidewalk ( "sandwich board ") signs ORDINANCE NO. 2010 -34, AN ORDINANCE to modify Chapter 8.20 Right of Way Use Permits in order to clarify that sidewalk signs will be processed under the provisions of this Chapter, amending Sections 8.20.040, 8.20.050 and, adding a new ' Section 8.20.055 of Title 8, Streets and Sidewalks; and amending Section 15.08.020, Definitions of the Sign provisions of Title 15, Urban Area Zoning Ordinance, all of the City of Yakima Municipal Code. *14. Consideration of an Ordinance amending the Yakima Municipal Code for on- street parking permits for Chestnut Manor apartment residents ORDINANCE NO. 2010 -35, AN ORDINANCE relating to the residential and long- term parking in the central business district to allow for current residents of the Chestnut Manor Apartments to apply for the opportunity to park near where they reside as approved and directed by the City Council at its meeting on July 20, 2010, and specifically amending YMC 9.50.200 to establish the criteria and timeframe. 15. Consideration of an Ordinance approving a rezone application submitted by Aziz Awad for property located at 716 and 718 South Sixth Street and 507 East Adams Street Council Member Lover gave background information on the property, stated his opposition to this application, and in doing so referred to another potential request at Fair and Maple Avenues. The City Clerk read the resolution by title only; EDLER MOVED AND CAWLEY SECONDED TO PASS THE ORDINANCE. he motion carried by a 5 -2 vote; Lover and Coffey voting no. ORDINANCE NO. 2010 -36, AN ORDINANCE relating to land use regulation and zoning; rezoning, with conditions, three parcels of property located at 716 and 718 South. 6 Street, and 507 East Adams Street, Yakima, Washington, for a non - project rezone to remove conditions from a previous rezone. All parcels will retain the current Local Business, (B -2) zoning designation as more fully described herein; and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same; Mr. Aziz Awad being identified as the applicant herein. 16. Other Business Council Member Adkison asked Council to consider moving the "Audience Participation" portion of the agenda to the end of the business meeting. This issue will be referred to the Council Rules and Procedures Committee for recommendation to the full Council. 6 303 AUGUST 3, 2010 LOVER MOVED AND ENSEY SECONDED TO PUT THE MONEY COUNCIL DONATED TO THE CITY FROM THEIR SALARIES IN SUPPORT OF EMPLOYEE SALARY REDUCTIONS THROUGH MANDATORY FURLOUGHS INTO THE GENERAL FUND. The motion carried by a 6 -1 voice vote; Coffey voting no. I/ 17. Adjournment COFFEY MOVED AND ENSEY SECONDED TO ADJOURN TO AUGUST 10, 2010 AT 8:00 A.M. IN CITY HALL COUNCIL CHAMBERS FOR A COUNCIL STUDY SESSION ON THE MAYOR - COUNCIL /COUNCIL- MANAGER FORMS OF GOVERNMENT The motion carried by unanimous voice vote. The meeting adjourned at 4:06 p.m. READ AND CERTIFIED ACCURATE BY ,,(.,�, _, -0 C__ --- -- COUNCIL MEMBER DATE A J ' .s`r COUNCIL M MBER DATE ATTEST: 9. / ) ,. _a,.' .,...i., , , ( Q CITY CLERK MICAH CAWLEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 1 7