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Home My WebLink About01/08/2008 07A Draft Minutes 12-11-2007 Business MeetingBUSINESS MEETING DECEMBER 11, 2007 — 2 00 P M COUNCIL CHAMBERS - CITY HALL 1 Roll Call Present: Council Mayor Dave Edler, 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 2 Invocation /Pledge of Allegiance Council Member Micah Cawley gave the invocation and led the Pledge of Allegiance 3 Open Discussion for the Good of the Order A. Proclamations • Homeless Persons' Memorial Day Mayor Edler read a proclamation declaring December 21, 2007 as National Homeless Persons Memorial Day Rhonda Hauff, Chair Elect of the Homeless Network, accepted the proclamation and said a few words about the homeless community in Yakima Pat Brown distributed 2008 calendars on behalf of the homeless in our community B Special Presentations / Recognitions • Council Members Whitman and Bonlender Council Members Whitman and Bonlender were recognized for their service on the City Council for the last four years Mayor Edler read proclamations and they received plaques, distinguished service awards, and helmets from the Fire Department. • Introduction of Deputy Human Resources Manager Colleen Williams Human Resource Manager Sheryl Smith introduced Colleen Williams as the new Deputy Human Resource Manager Ms Williams previously was the Washington State Department of Corrections Human Resource Consultant for Eastern Washington C Status report on prior meeting's citizen service request • Mike Hunnel — Handicap parking access Bill Cook, Community and Economic Development Director, reported that Mr Hunnel's complaint about the delay in obtaining information was due to the additional effort and time required by stafffto respond to his request. He has now received the responses • Tony Courcy — Flagging of crosswalk at 16th Avenue and Hathaway and correspondence to DSHS Secretary Shelley Willson, Street and Traffic Operations Manager, addressed the "Adopt a Crosswalk Program " She said 16th Avenue does not qualify for the program because it exceeds all of the federal highway criteria related to the program She said her staff would be meeting with DSHS this week to discuss the problem and to look at possible solutions D Appointments to Council Boards and Commissions ® None DECEMBER 11, 2007 4 Consent agenda 0 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. Item No 19 was added and Item No 27 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title BONLENDER MOVED AND JOHNSON 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 *B Council Committee Meeting Reports • Public Safety Committee — October 3 and November 7 • Downtown Yakima Futures Oversight Committee — November 28 • Economic Development Committee — December 5 5 Audience Participation Sean Hawkins, Committee for Downtown Yakima, invited the Council and the public to the Downtown Rocking New Year's Eve celebration that includes a fireworks show at midnight. There will be free public bus service, music and food vendors He distributed knit hats to each of the Council members Hazel Leland spoke regarding the need for lighting in the Yakima Valley Museum parking lot. She suggested a floodlight be put on top of the museum and could be used only when there is a function Council Member Cawley suggested this issue be added to the study in process for the Franklin and Gilbert parking lots Robert Owen, 614 N 3 I street, thanked Council Members Bonlender and Whitman for their service on the Council and spoke about the Ensey blog issue Tony Courcy asked again about the use of the signal lights and poles that would be replaced after the new mall off of 16th Avenue is built. He suggested they be installed at 16th Avenue and Hathaway to make crossing the street safer for pedestrians CITY MANAGER'S REPORTS 6 Consideration of Ordinance Adopting a Budget for the City of Yakima, Washington, for 2008 City Manager Zais pointed out that this is the final ordinance encompassing all the policy decisions made at the Budget Wrap Up session He gave an overview of the budget noting it is approximately $181 4 million, about 4 2% over the 2007 amended budget. He referenced the mandates that must be provide for and that it is a lean budget maintaining critical services and incorporating several major reductions Council members commented on specific policy issues and the overall budget content. lJ 4 DECEMBER 11, 2007 Robert Owen spoke against the raise in bus fares It is his opinion that fares should be eliminated altogether City Manager Zais explained that there is a potential bus fare increase, but it will be going through the federal hearing process The City Clerk read the ordinance by title, McCLURE MOVED AND WHITMAN SECONDED TO PASS THE ORDINANCE The motion carried by unanimous roll call vote ORDINANCE NO 2007 -61, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 2008, and making appropriations for estimated expenditures *7 Consideration of Reports. from Finance Department. A. Third Quarter Accounts Receivable B Third Quarter Treasury C State Auditor Report for 2006 The Third Quarter Accounts Receivable report; Third Quarter Treasury report, and State Auditor Report for 2006 were approved ._ • *9 Consideration of a Resolutions authorizing Write off of bad debts A. Utilities ® RESOLUTION NO R- 2007 -175 A RESOLUTION authorizing the write -off of certain uncollectable accounts receivable by the Utility funds of the City of Yakima B Central Receivables RESOLUTION NO R- 2007 -176, A RESOLUTION authorizing the write -off of certain uncollectible accounts due to various funds of the City of Yakima C Parking RESOLUTION NO R- 2007 -177, A RESOLUTION authorizing the write -off of certain uncollectable parking citations and penalties for the City of Yakima *10 Consideration of a Resolution authorizing sale of City owned transit property at 32nd Avenue and Nob Hill Boulevard RESOLUTION NO R- 2007 -178, A RESOLUTION authorizing and directing the City Manager to execute a Real Estate Sale Agreement and Deed conveying real property located at Nob Hill and 32nd Avenue to Almon Prudential Commercial Real Estate *11 Consideration of a Resolution approving the preliminary plat of Sierra Vista (SBJ Joint Venture, Developer) RESOLUTION NO R- 2007 -179, A RESOLUTION approving a preliminary long plat, subject to certain conditions, for a thirty (30) lot subdivision to be located on property at approximately 93rd and Chestnut Avenues, Yakima, Washington 3 DECEMBER 11, 2007 *12 Consideration of Resolution authorizing the execution of a professional services contract with Zaremba Claims Service to review and investigate property and liability damage claims against or by the City of Yakima RESOLUTION NO R- 2007 -180, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to enter into an Agreement with Zaremba Claims Service - Yakima for the purpose of reviewing and investigating property and liability damage claims filed against or by the City of Yakima *13 Consideration of Resolution authorizing execution of agreement with the Yakima Basin Water Resource Agency for use of office space at Public Works RESOLUTION NO R- 2007 -181, A RESOLUTION authorizing the City Manager to execute an Office Use Agreement with Yakima Basin Water Resources Agency for use of office space *14 Consideration of Resolution authorizing execution of an agreement with Yakima Basin Storage Alliance for services to advance the Black Rock Reservoir project RESOLUTION NO R5- 2007 -182, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an "Agreement between the City of Yakima and Yakima Basin Storage Alliance" concerning services to advance the Black Rock Reservoir Project. • *15 Consideration of Resolution authorizing execution of an interlocal agreement with Union Gap for transit service RESOLUTION NO R -2007 -183, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an interlocal agreement with the City of Union Gap for the provision of Yakima Transit bus services within the borders of the City of Union Gap *16 Consideration of a Resolution authorizing an amendment to Section 108 Loan agreement with Trailwagons RESOLUTION NO R- 2007 -184, A RESOLUTION authorizing the City Manager to execute amendments to agreements related to the Section 108 loan issued to Trai Wagons, Inc. and personally guaranteed by Gary and Mary Lukehart. *17 Consideration of a Resolution authorizing an amendment of the Look Out Point communications site sublease agreement with New Cingular Wireless PCS, LLC RESOLUTION NO R- 2007 -185, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an amendment to the Look Out Point Communications Site Sublease Agreement with New Cingular Wireless, PCS, LLC 0 4 DECEMBER 11, 2007 0 *18 Consideration of a Right -of -Way use permit for awnings and stone veneers at 201 East Yakima Avenue The right -of -way use permit was approved ORDINANCES *19 Consideration of Ordinance banning the sale or distribution of novelty lighters within the City of Yakima WHITMAN MOVED AND JOHNSON SECONDED TO PASS THE ORDINANCE The motion carried by unanimous roll call vote ORDINANCE NO 2007 -62, AN ORDINANCE relating to health and safety; adding Chapter 10 12 to the Yakima Municipal Code to prohibit the retail sale or distribution of novelty lighters 20 Consideration of Legislation amending rates and fees for the 2008 Budget. A. Consideration of Ordinance Amending the Yakima Municipal Code relating to ® 2007 Refuse Rates City Manager Zais explained that this ordinance incorporates the 5% basic rate structure that was selected, plus a 1 5% increase for leaf pick up Council Member Bonlender said he hoped the dial -a- dumpster program could be considered again later Robert Owen spoke against the refuse rate increases The City Clerk read the resolution by title, McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE The motion carried -by a 6 -1 roll call vote, Whitman voting nay 0 ORDINANCE NO 2007 -63, AN ORDINANCE relating to health and sanitation, concerning containers for and storage of garbage and yard waste for collection by the City of Yakima, and amending Section 4 16 140 of the City of Yakima Municipal Code accordingly B Consideration of an Ordinance adjusting Tahoma Cemetery rates and fees The City Clerk read the ordinance by title, McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE The motion carried by a 5 -2 vote, Cawley and Lover voting nay ORDINANCE NO 2007 -64, AN ORDINANCE relating to rules and regulations for Tahoma Cemetery; increasing and amending fees, amending the requirements for burial liners, and amending section 7 04 090 of the City of Yakima Municipal Code 5 *21 *22 *23 DECEMBER 11, 2007 C Consideration of a Resolution adopting the 2008 Parks and Recreation Fee Schedule The City Clerk read the ordinance by title, McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE The motion carried by a 4 -3 roll call vote, Cawley, Lover and Whitman voting nay RESOLUTION NO R- 2007 -186, A RESOLUTION authorizing and directing the Parks and Recreation Division Manager to implement the 2008 Parks and Recreation Fee Schedule for program facilities use and activities participation Consideration of Ordinance amending rates and fees for the 2008 Budget for Wastewater Division A. 2007 Cost of Service and Rate Study RESOLUTION NO R- 2007 -187, A RESOLUTION adopting the 2007 Wastewater Cost of Service and Rate Study for the City of Yakima, Washington ORDINANCE NO 2007 -65, AN ORDINANCE relating to wastewater rates, fees, and charges, adjusting various wastewater rates, fees, and charges, amending Sections 7 60 020, 7 60 025, 7 60 035, and 7 60 105 of the Yakima Municipal Code, and providing for related matters B 2007 Wastewater Connection Charge Study RESOLUTION NO R- 2007 -188, A RESOLUTION adopting the 2007 Wastewater Connection Charge Study as revised, for the City of Yakima, Washington ORDINANCE NO 2007 -66, AN ORDINANCE relating to wastewater rates, fees, and charges, adjusting various wastewater rates, fees, and charges, amending Sections 7 58 020, 7 58 030, 7 60 035, and 7 58 040 7 58 050, 7 58 060 and 7 58 070 of the Yakima Municipal Code, and providing for related matters Consideration of Ordinance establishing rates, charges, terms and conditions for domestic water system service ORDINANCE NO 2007 -67, AN ORDINANCE establishing rates, charges, terms and conditions for domestic water system service, amending sections 7 68 043, 7 68 250 and 7 68.282 of chapter 7 68 of the City of Yakima Municipal Code, and providing for an effective date Consideration of an Ordinance repealing the Yakima Downtown Association and repealing Chapter 1.37 of the City of Yakima Municipal Code in its entirety ORDINANCE NO 2007 -68, AN ORDINANCE relating to City Administration, repealing the Yakima Downtown Association at the request of the present members of the Association, and repealing Chapter 1 37 of the City of Yakima Municipal Code in its entirety u • 0 DECEMBER 11, 2007 *24 Consideration of Legislation regarding Yakima Hospitality, LLC in the vicinity of East Yakima Avenue and South 8th Street: A. Resolution authorizing execution of a Revocable License Agreement relating to a portion of alley right -of -way between 8th and 9th Streets and Yakima Avenue and Chestnut Street RESOLUTION NO R- 2007 -189, A RESOLUTION authorizing and directing the City Manager to execute a Revocable License Agreement with Yakima Hospitality, LLC in Washington, d /b /a Holiday Inn relating to a portion of alley right -of -way between 8th and 9th Streets, connecting Chestnut Street to Yakima Avenue B Ordinance vacating a certain portion of street right -of -way identified as a platted alley running north and south along several lots running parallel with 8th and 9th Street between Chestnut Street and Yakima Avenue ORDINANCE NO 2007 -69, AN ORDINANCE relating to land use, vacating a certain portion of street right —of -way identified as a platted alley running north and south along several lots located parallel with 8th and 9th street, in between Chestnut St. and Yakima Ave , and approving, with conditions, the general recommendation of the Hearing Examiner for the City of Yakima regarding the same, Yakima Hospitality, LLC, being identified as the applicant herein *25 Consideration of an Ordinance vacating a certain portion of street right -of -way identified as a portion of alley that runs north and south located between 3'd and 4th Streets behind the Capitol Theatre Building ORDINANCE NO 2007 -70, AN ORDINANCE relating to land use, vacating a certain portion of street right -of -way identified as a platted alley running north and south along several lots located between 3rd and 4th streets, behind the Capitol Theatre Building, and approving, with conditions, the recommendation of the Hearing Examiner for the City of Yakima regarding the same, the Capitol Theatre Committee being identified as the applicant herein *26 Consideration of Legislation regarding settlement with AFSCME Transit and implementation of 2008 Budget staffing policy issues A. Resolution authorizing the execution of the 2007 -2009 Collective Bargaining Agreement with AFSCME Municipal Local 469 RESOLUTION NO R- 2007 -190, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2007 through 2009 with the American Federation of State, County & Municipal Employees ( AFSCME) AFL - CIO representing Local 1122 Uniformed Transit Employees B Ordinance amending the Classification and Compensation Plan for certain City employees ORDINANCE NO 2007 -71, 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 100B, 2 20 110A, 2.20 110B, 2 20 110C and 2.20 110D all of the City of Yakima Municipal Code 7 DECEMBER 11, 2007 27 Consideration of Ordinance amendments to the Yakima Municipal Code relating to banner permits in the Downtown area 0 Council Member Lover suggested amending the ordinance whereby the applicable PBIA rather than the Committee for Downtown Yakima be the required supplier of a letter of support to place a banner The City Clerk read the ordinance by title, JOHNSON MOVED AND WHITMAN SECONDED TO PASS THE ORDINANCE LOVER MOVED AND CAWLEY SECONDED TO AMEND SECTION 4 CHANGING "COMMITTEE FOR DOWNTOWN YAKIMA" TO "APPLICABLE PBIA" The rationale for the requirement of a letter of support was discussed Luz Gutierrez. 1424 S 31St Avenue, expressed concerns about the potential for discrimination Council Member Bonlender spoke against the amendment claiming the necessity of a clearing house He noted that the Committee for Downtown Yakima is professionally managed compared to the PBIAs being voluntary groups Council Member Johnson pointed out that the PBIA hasn't been established yet. JOHNSON MOVED TO TABLE THE ITEM UNTIL THE PBIAs ARE ESTABLISHED The motion carried by a 4 -3 roll call vote, Bonlender, McClure and Whitman voting nay Council Member Whitman expressed disappointment at the tabling of this item *28 Consideration of an Ordinance relating to streets and sidewalks, providing for the City's acquisition of private roads located within the City of Yakima thereby resulting in public ownership of the roads ORDINANCE NO 2007 -72, AN ORDINANCE relating to streets and sidewalks, providing for the City's acquisition of private roads located within the City of Yakima thereby resulting in public ownership of the roads, and enacting Chapter 8 905 entitled "Accepting Private Roads to Public Ownership" as a new Chapter to Title 8 of the City of Yakima Municipal Code *29 Second Reading of an Ordinance amending the 2007 budget and appropriating funds for increased fuel costs to City departments ORDINANCE NO 2007 -73, AN ORDINANCE amending the 2007 budget for the City of Yakima, and making appropriations within various operating funds for expenditure during 2007 to provide for increased fuel costs 30 Other Business A. Application for permit for Public Display of Fireworks JOHNSON MOVED AND McCLURE SECONDED TO APPROVE THE PERMIT Bill Cook, Director of Community and Economic Development, explained that although fireworks requests are now approvable at the City Manager level, this request was brought before the Council because we own the Capital Theatre from which the fireworks will be set. The City Clerk read the resolution by title, JOHNSON MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION The motion carried by unanimous roll call vote RESOLUTION NO R- 2007 -191, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks on behalf of the Committee for Downtown Yakima 0 E: DECEMBER 11, 2007 is B Set Date of Public Hearing for January 8, 2008 at 7 00 p m to consider an appeal of the Community Review Board decision regarding property at 1108 West "J" Street requested by Forrest Emmons CAWLEY MOVED AND WHITMAN SECONDED TO APPROVE THE SET DATE. The motion carried by unanimous voice vote 31 Adjournment Council Member McClure spoke about the frustration caused by not being able to respond to citizens comments during the audience participation portion of a meeting He then clarified his position on last week's issue where they asked someone to cease speaking One of the rules of the Council, although it is unspoken and unwritten, is the civility rule He said as soon as he feels something is becoming uncivil, it is his right to enforce the civility rule He felt that last week the discussion hit the civility rule and, therefore, voting on it was the right thing to do He emphasized that the action had nothing to do with free speech nor the three - minute time limit, but had to do with civility Council Member Cawley asked to have the Public Safety Committee add the idea of considering an advisory vote by the citizens on how they feel about random drug testing to their agenda Council Member Lover said he believes Rick Ensey deserves some apologies ® Mayor Edler thanked Council Members Whitman and Bonlender for their service to the community; Council Member Johnson echoed the Mayor's statements �J WHITMAN MOVED AND BONLENDER SECONDED TO ADJOURN The motion carried by unanimous voice vote The meeting adjourned at 3 52 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 4