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HomeMy WebLinkAbout10/07/2008 Business Meeting 303 YAKIMA CITY COUNCIL BUSINESS MEETING OCTOBER 7, 2008 — 5:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais, Acting City Attorney Cutter 2. Executive Session • Prospective Litigation • Property Acquisition The Executive Session adjourned at 5:58 p.m. 6:00 P.M. — PUBLIC SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais, Acting City Attorney Cutter, and City Clerk Moore 2. Invocation /Pledge of Allegiance Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations • The Big Read Month Mayor Edler read a proclamation declaring October as The Big Read Month. Linda McCracken and Ed Stover accepted the proclamation. The book being featured this year is To Kill a Mockingbird. B. Special presentations / recognitions • • Life Saving Award presented to Jean Hamilton Fire Chief Hines described the incident where Jean Hamilton administered CPR and saved a cardiac arrest victim's life. He presented her with a Life Saving Award. The victim, Dale Lindstrom, and his wife expressed their gratitude for her efforts as well. 30 �4�r ° OCTOBER 7, 2008 C. Status report on prior meeting's citizen service requests 1. Mike Hunnel's claim of code non - compliance at city intersections: SE corner of 3 Avenue and Arlington; NW and SW corners of 3rd Avenue and Baker. Michael Morales, Deputy Director of Community and Economic Development, explained that the intersections were under construction because of a state law mandate that, if there is road construction, the intersections must be brought up to compliance. City Manager Zais also responded to Mr. Hunnel's claim that the City was being investigated about the misuse of City funds. Those were alarming statements and the facts are quite different. There is no investigation underway or pending regarding potential misuse of City funds. We are routinely audited and have the results of the most recent audit in this packet. 2. Jennifer Wilde- McMurtrie's request for a response to the Historic Preservation Commission's letter regarding the Wilson building 3. Don Meighan's request for regulations limiting bicyclists on downtown sidewalks D. Appointments to Boards and Commissions JOHNSON MOVED AND CAWLEY SECONDED TO APPOINT THE FOLLOWING TO THE LODGING TAX ADVISORY COMMITTEE: ANGIE GIRARD, JOHN COOPER, DENNIS HOGENSON, JEROME WILDGEN, SARA ALLEN, AND COLETTE KEATON. The motion carried by unanimous voice vote. Assistant Mayor Cawley advised that the Appointing Committee has been meeting and reviewing SECC applications and are close to recommending appointments. Council Member Lover requested copies of applications that are not selected. Chris Waarvick, Director of Public Works, introduced Ken Wilkinson as the new Parks and Recreation Manager replacing the recently retired Denise Nichols. 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 No. 8 and 10 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND McCLURE 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 1. September 2 and September 16, 2008 Business meetings 2. January 26, August 19, and September 18, 2008 Adjourned meetings The minutes of the January 26, August 19 and September 18, 2008 Adjourned meetings and the September 2 and September 16, 2008 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 2 30,5 OCTOBER 7, 2008 B. Consideration of approval of Council Committee Meeting Minutes *1. Budget Committee — September 11, 2008 2. Downtown Yakima Futures Initiative Committee — September 17, 2008 >Consideration of City Council Downtown Yakima Futures Initiative Committee recommendation for 2009 legislative request City Manager Zais spoke about the efforts to secure state and matching funds. They have been working on legislation for $6.5 million to bring forward to the legislators to take to the governor's office. John Cooper, CEO of the Convention and Visitor's Bureau described the project that will keep the facility competitive. JOHNSON MOVED AND COFFEY SECONDED TO ENDORSE THE PREPARATION OF APPROPRIATE LEGISLATION. The motion carried by unanimous voice vote. *3. Boards and Commissions Appointing Committee — September 18, 2008 5. Audience Participation Bob Cook, 207 South 8 Avenue, asked for the status on recycling in Yakima. Assistant Mayor Cawley advised that they are still gathering information from the Refuse Department and that currently there is a recycling contract with Yakima Waste System. They are looking into forming a group to look at how Yakima can "go green" without mandatory recycling. 7:00 PM — PUBLIC HEARINGS 6. Closed Record Public Hearing on the Preliminary Plat of Applebrook Bruce Benson, Acting Planning Manager, described the preliminary plat as a 331 -lot subdivision on approximately ten acres. It meets all development requirements. On August 14, 2008 the Hearing Examiner held an open record hearing where no one spoke against it. On August 20, 2008, the Hearing Examiner recommended approval. Staff supports the Hearing Examiner's recommendation. • Mayor Edler opened the hearing, and with no one coming forward to speak, closed the hearing. CAWLEY MOVED AND JOHNSON SECONDED TO DIRECT LEGAL TO PREPARE LEGISLATION GRANTING PRELIMINARY PLAT APPROVAL. The motion carried by unanimous voice vote. 7. Public hearing to provide an opportunity for citizen comments to be received regarding Initiative 985, which would open high - occupancy vehicle lanes to all traffic during specified hours, require traffic light synchronization, increase roadside assistance funding, and dedicate certain taxes, fines, tolls and other revenues to traffic -flow purposes Mayor Edler opened the public hearing. 3 306 OCTOBER 7, 2008 Tim Eyman spoke in favor of the initiative: • Primary motivation - show elected officials that citizens don't want higher taxes but want them to listen to the State Auditor's recommendations. • Olympia ignored all 22 recommendations made by the auditor. • The State would provide the funding to help local governments optimize traffic flow. • Local governments will be measured on optimization performance and it will be reported to the public. • Accidents must be cleared faster. • - HOV (high occupancy vehicle) lanes would be opened in off -peak hours • Support for 1 -985 tells Olympia that they need to view the State Auditor as an ally. Doug McDonald, former State Secretary of Transportation, spoke against the initiative: • The performance audit referred to was to reduce congestion in Puget Sound, not around the state of Washington and it did not cover opening HOV lanes. • Questioned the amount of funding that will come to Yakima by comparing the number of signal lights here against the number in Seattle. • Majority of the problem is on the freeways and synchronized signals will not affect that problem. • Although it is advertised as using state money, remember who supplies the state with money. • The $150 million required will take taxpayer money from somewhere in the system to spend on this initiative. • Estimated calculation of $15 million of the shared vehicle sales tax going to Olympia that would come back to Yakima would be $2 million. • It addresses someone else's problems using Yakima's money. Alex Deccio, former State Senator, stated that this is a west side issue and it should be left a west side issue. Taking a "sliver" of our dollars and putting them on the west side leaves a hole and it is very tough to get money from the state budget for the east side of the state. Jerry Foy said he drives a pilot car for manufactured home deliveries and the little towns in the state they deliver homes to do not have many traffic lights. This initiative will not help them. He recommended putting the effort on the EMS levy. Mayor Edler closed the public hearing. CITY MANAGER'S REPORTS *8. State Auditor's Report — City's 2007 Financial Statements The State Auditor's report was accepted. 4 3 OCTOBER 7, 2008 9. Consideration of a Resolution calling for a Special Election in February 2009 for an Emergency Medical Services levy City Manager Zais explained that this is the formal legislation to set the ballot, measure and date for the EMS levy. The ballot wording reflects the objective to dedicate a new levy, of up to $0.25 per thousand, and leaving it in the hands of future Councils if it were to be changed. The funding will be used principally to fund additional firefighters. If the resolution is approved, it will result in paying for the election late in 2009. The cost is expected to be approximately $45,000. Council Member McClure asked if the amount would have to be established on an annual basis or would it be $0.25 automatically with anything less having to be passed on an annual basis? Assistant City Attorney Martinez noted the complexity. As the population increases, the EMS levy amount will probably go down. She doesn't believe it would require passing a resolution every year. The City can collect up to $0.25 at this time, however, if in the future Council wanted to reduce or eliminate that $0.25 amount, they could do so by resolution. Bob Meinig, legal counsel for Municipal Research Service Center, took the position that such a resolution would have to be passed on a yearly basis. The City Clerk read the resolution by title; JOHNSON MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 5 -2 roll call vote; Lover and Ensey voting nay. RESOLUTION NO. R- 2008 -136, A RESOLUTION concerning a City of Yakima dedicated Emergency Medical Services (EMS) Levy; providing for submittal to the electors of the City of Yakima, Washington, on the February 3, 2009 special election, a measure to authorize a City of Yakima dedicated EMS Levy of up to 25 cents per thousand dollars of assessed property valuation, the generated revenue to be used to fund additional firefighters, purchase a fire engine and equipment, implement a non - transport Firefighter /Paramedic program, and fund an additional emergency dispatcher, thereby enhancing fire protection and emergency medical services or care as authorized by RCW 84.52.069. *10. Consideration of Resolution authorizing execution of interlocal agreement with Yakima Countywide Flood Control Zone District to implement the Naches River Water Treatment Plant Reach Demonstration Project RESOLUTION NO. R- 2008 -137, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Agreement with the Yakima Countywide Flood Control Zone District to cooperate in the implementation of the Flood Control Improvement known as the Naches River Water Treatment Plant Reach Demonstration Project. 11. Consideration of a Resolution authorizing allocation of commercial revitalization deductions for 2008 Michael Morales, Deputy Director of Community and Economic Development, said we are allotting the full $12 million of the City's revitalization deductions for 2008 and referred to the list of projects in the Council packet. He advised that the program is set to expire in 2009. They will be attempting to convince the next Congress to 5 308 OCTOBER 7, 2008 continue the program. The City Clerk read the resolution by title only. McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous voice vote. RESOLUTION NO. R- 2008 -138, A RESOLUTION approving projects for the 2008 allocation of the federal Renewal Community Commercial Revitalization Deduction, and directing the City Manager to submit the list of approved projects to the Washington State Department of Community, Trade and Economic Development (CTED) for ratification. *12. Initiation of the Highland Annexation October 7, 2008, was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Garry L. Griggs, Vera R. Griggs and William J. Frodsham. The annexation proposed was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness. Staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *13. Consideration of a ratification of a right -of -way use permit for GN Northern, Inc., in the vicinity of 1114 South 31 Avenue The use permit was ratified. *14. Consideration of a Resolution authorizing execution of an agreement with Swanson Services Corporation for commissary services to Yakima City Jail residents with fees to be charged to residents' accounts RESOLUTION NO. R- 2008 -139, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a service agreement with Swanson Services Corporation to provide commissary services and other items to the residents of the Yakima City Jail with the fees for said commissary services to be charged to the Jail residents' accounts. *15. Consideration of Resolution declaring City -owned vehicles and personal property surplus and authorizing disposal of said items RESOLUTION NO. R- 2008 -140, A RESOLUTION declaring the attached list of used vehicles and personal property surplus to the needs of the City of Yakima, and authorizing the City Manager to dispose of these items in a manner most beneficial to the City of Yakima to include auction or sale by a means deemed appropriate by the City Manager, such as "eBay ", local auction or sealed bid, recycling, sending to State of Washington Surplus or donating or transferring to other government entities or qualified non - profit corporations. *16. Consideration of a Resolution authorizing the City Manager to execute purchase and transaction documents for IceSlicer RS Granular Ice Melt from Envirotech Services Inc. to maintain winter streets as a sole source purchase without calling for bids RESOLUTION NO. R- 2008 -141, A RESOLUTION authorizing the City Manager to 6 OCTOBER 7, 2008 3 0 9 purchase IceSlicer RS Granular Ice Melt from Envirotech Services Inc. for the purpose of maintaining City of Yakima winter streets, as a sole source purchase without calling for bids, and further directing the City Manager to execute all appropriate and necessary documents to complete the purchase and transaction. *17. Consideration of a Resolution authorizing the City Manager to sign a Consent Decree, together with Yakima County for the clean up of Richardson Airways, Inc. at the Yakima Air Terminal with the Washington State Department of Ecology RESOLUTION NO. R- 2008 -142, A RESOLUTION authorizing the City Manager to sign a Consent Decree, together with Yakima County ( "County "), for the clean -up of Richardson Airways, Inc., at the Yakima Air Terminal, with the Washington State Department of Ecology ( "Department of Ecology ") pursuant to the Model Toxics Control Act ( "Toxics Control Act ") RCW 70.105D. *18. Consideration of a Resolution authorizing execution of a Third Party Administration contract for Workman's Compensation claims RESOLUTION NO. R- 2008 -143, A RESOLUTION authorizing and ratifying the action of the City Manager of the City of Yakima to execute a Workers' Compensation Third Party Administrator's Claim Services Agreement with Intermountain Claims, Inc., for administration of the City's workers' compensation claims. *19. Consideration of Resolution authorizing acceptance of federal funds through the Department of Justice: A. Authorizing execution of agreement with the Community Oriented Policing Services office RESOLUTION NO. R- 2008 -144, A RESOLUTION ratifying acceptance of federal funding in the amount of $355,414.00 from the United States Department of Justice, Community Oriented Policing Services office, for a three -year crime suppression and prevention project titled "Second Chance Yakima ", 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 necessary documents and contracts as may be necessary and prudent to complete transactions associated with the grant. B. Ratifying the agreement with the Bureau of Justice Assistance RESOLUTION NO. R- 2008 -145, A RESOLUTION ratifying acceptance of federal funding in the amount of $21,478 from the United States Department of Justice, Bureau of Justice Assistance, for assistance with training in the area of Gang Prevention and awareness 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 necessary documents and contracts as may be necessary and prudent to complete transactions associated with the grant. 7 310 OCTOBER 7, 2008 *20. Set Date of Closed Record Public Hearing for October 21, 2008 for consideration of an appeal of the Hearing Examiner's decision approving a home occupation Bed and Breakfast application at 1811 West Yakima Avenue October 21, 2008 was set as the date of closed record public hearing to consider an appeal of the Hearing Examiner's decision approving a home occupation Bed and Breakfast application at 1811 West Yakima Avenue. *21. Set Date of Public Meeting for October 21, 2008 for final plat approval for: A. Marvin Gardens subdivision in the vicinity of 3000 -3100 Hathaway Avenue October 21, 2008 was set as the date for final plat approval for Marvin Gardens subdivision. B. Sierra Vista subdivision in the vicinity of South 93 Avenue and West Walnut Avenue. October 21, 2008 was set as the date for final plat approval for Sierra Vista subdivision. ORDINANCES *22. First Reading of an Ordinance amending the 2008 budget in various funds for expenditures supported by grants, fees and assessments (Read ordinance only at this meeting; second reading scheduled 10/21/08) A. Police Grants 1. Legends Casino grant 2. WASPC traffic safety grant 3. Yakima County program for tasers and training 4. Washington Traffic Safety Commission B. Parks and Recreation Fund 1. Harman Senior Center tour program 2. Aquatics programs C. Downtown Yakima Business Improvement District Fund D. Tourism Promotion Area (TPA) Fund An Ordinance amending the 2008 budget in various funds for expenditures supported by grants, fees and assessments, was read by title only, and laid on the table until October 21, 2008 for a second reading. 8 3 11 OCTOBER 7, 2008 23. Other Business Aquatics center It was suggested that this issue be added to the agenda for the October 21, 2008 business meeting to declare Council's intent to put the aquatics center issue on the ballot for a public vote. Prior to that Council meeting, a meeting could be scheduled between the Aquatics Task Force and Council Members Ensey and Lover to answer some remaining questions they have on the project. 24. Adjournment CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN TO OCTOBER 14, 2008 AT 8:00 A.M. IN CITY COUNCIL CHAMBERS FOR A STUDY SESSION REGARDING TRANSIT FARE ADJUSTMENTS. The motion carried by unanimous voice vote. The meeting adjourned at 7:58 p.m. READ AND CERTIFIED ACCURATE BY /cr'S COUNCIL MEMBER DATE LA COU' IL M , R DATE ATTEST: I CITY CLERK DAVID EDL , MAYOR Minutes prepared by Deputy City Clerk Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 9