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HomeMy WebLinkAbout01/08/2008 07A Draft Minutes 11-20-2007 Business Meeting0 0 �11 I BUSINESS MEETING NOVEMBER 20, 2007 — 5 00 P M COUNCIL CHAMBERS — CITY HALL 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 Executive Session -- Property Acquisition, Prospective and Pending Litigation, Collective Bargaining The Executive Session was held and adjourned at 5 55 p m 6 00 P M — PUBLIC SESSION 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 Ron Bonlender 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 • Yakima Valley Trolleys — Ken Johnson, spoke about the 100th anniversary of the Yakima trolleys and invited the Council and public to a re- enactment of the trolley's first run to be held December 22, 2007 C Status report on prior meeting's citizen service request Mayor Edler asked the Legal Department what options the Council would have regarding Rick Ensey's election and the subsequent community uproar over recent events concerning Mrs Ensey's blog City Attorney Paolella referred to three potential options Once a Council member is elected, the election is certified, and he takes his oath of office and sits on the Council, there is a law relating to forfeiture of that position under narrow circumstances (e g malfeasance, felony, rare circumstances) A second body of law administered by State Public Disclosure Commission deals with regulation of elections, specifically, financing by candidates, political parties, political committees, and disclosure of all of those The State Public Disclosure Commission has a written complaint process available for disclosure of violations of those rules The third body of law, potentially the most applicable to this situation, is the City Council has the general authority to regulate its proceedings, to set rules of procedures, to decide what sorts of business will come before the Council, and determine what are important NOVEMBER 20, 2007 issues of public concern That is within the broad discretion of the Council, both individual Council members and collectively If the City Council wishes to discuss 40 and /or vote in a non - binding sense on a motion, a resolution, a censure, or some other form of concerns of the Council, they have the right to do that. That has been done by other cities He concluded, that the authority is present for both the City Council collectively, or for individual Council members to express their views and opinions on matters of public concern Mayor Edler, speaking personally, said that he cares for this community deeply and does not believe this is a partisan issue It's been clothed in that but the people he has spoken with are every bit as Republican as he is. There is an outrage in the community that has been harmful to the community He said he believes that the right thing in this circumstance would be for Mr Ensey to resign Council Member Johnson said that this whole situation has been sad for our community He has been involved in municipal - government for almost 25 years and has never been faced with a situation like this one It taints the works that we have to do It is certainly in bad taste and is a behavior that we should not tolerate personally or collectively as a group There is an issue of trust that has been broken and he feels only Mr Ensey can clarify the situation He needs to do what would be the right course of action D Appointments to Council Boards and Commissions JOHNSON MOVED AND CAWLEY SECONDED TO APPOINT THE FOLLOWING INDIVIDUALS TO THE NEW DOWNTOWN PARKING COMMISSION FOR THE TERMS SHOWN Council Member Whitman pointed out that Mike McMurray is not currently a downtown resident to which Council Member Johnson responded that he has already purchased a condominium in The Lofts and will be a resident as soon as he can His business will also be moving into a storefront at The Lofts The motion carried by a 6 -1 roll call vote, Whitman voting nay Tony Kline 3 yr term Nick Hughes 3 yr term Joe Morrier 4 yr term Rod Lewis 4 yr term Larry Hull 4 yr term Diane Vance 4 yr term Mike McMurray 3 yr term 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. Item No 14 was removed and Items No 9 and 10 were added to the Consent Agenda The City Clerk read the Consent Agenda items, including resolutions and ordinances, by title WHITMAN MOVED AND CAWLEY 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 NOVEMBER 20, 2007 ® *A. Council Minutes • Adjourned Meetings — October 30 and November 6, 2007 The minutes of the October 30 and November 6, 2007 Adjourned meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly *B Council Committee Meeting Reports • Council Transit Committee — October 17, 2007 • Downtown Yakima Futures Oversight Committee — October 24, 2007 • Council Budget Committee -- November 8, 2007 • Council Intergovernmental Committee — November 14, 2007 5 Audience Participation Cynthia Garrick, President of the League of Women Voters, read a letter supporting the Capitol Theatre expansion project, but requested alternatives to the removal of the historic Wilson building adjacent to the theatre Candie Turner spoke directly to Council Member Bonlender thanking him for his service on the Council and encouraging him to remain involved in City issues Emma Fischbeck supported the request for a crosswalk at 16th Avenue and Hathaway, ® especially with the potential for increased traffic if the proposed shopping mall is built on 16th Avenue She was concerned about a weedy lot near her home that she believes is a fire hazard and she also asked about the status of mandatory random drug testing for the Police Department. City Manager Zais advised that the arbitrator expects to issue a ruling the first week of December is Tony Courcy again requested the Council to install a crosswalk at 16th and Hathaway Avenues and again was told this location was not safe for a pedestrian crosswalk. Council Member Bonlender described the "Adopt a Crosswalk" program that uses flags and is being used in other cities Council Member McClure described the legal risks of putting in a crosswalk in an unsafe manner and said it would be better to spend the funds putting in a sidewalk so people can walk down to the 7/11 store safely CAWLEY MOVED AND BONLENDER SECONDED TO DIRECT CITY STAFF TO BRING FORTH A RECOMMENDATION ON THE IDEA OF CROSSWALKS WITH FLAGS, CONSIDER INCLUDING THE ISSUE WITH THE LEGISLATIVE PRIORITIES, AND SINCE WE ARE GOING TO OLYMPIA IN JANUARY, WORK WITH THE SECRETARY OF DSHS, PERHAPS SEEK A MEETING WITH HER, AND ASK OUR LEGAL DEPARTMENT TO GIVE RISK MANAGEMENT RAMIFICATIONS The motion failed by a 4 -3, roll call vote, Edler, Lover, McClure and Whitman voting nay Alonzo Marques, 613 N 3rd Street, claimed he voted against Council Member Bonlender because of his past voting record 3 6 NOVEMBER 20, 2007 7 00 P M -- PUBLIC HEARINGS / MEETINGS 0 Continuation of Public Hearing to consider proposed legislation amending the Storm Drainage and Surface Water Management Utility and Ordinance amending Stormwater fees City Manager Zais explained that this is the continuation of the public hearing originally held November 6th He noted that action must be taken so we can notify the County what the rate structure will be • Mayor Edler opened the public hearing Clarence Barnett, representing Central Washington Homebuilders Association, reiterated his support for Option A. The public believes the base rate is $18 and has relied on that amount for budgeting purposes As indicated in the memo in the packet addressed to interested parties, the City Manager and Surface Water Engineer state Option A will meet the minimum requirements Greg Stewart, Fair Association, confirmed that they would prefer a base rate of $18 He pointed out that they are the third largest player in this field if these rates pass, and he is concerned about future rates Mike Morrisette, Chamber of Commerce, concurs with Mr Barnett's position on Option A being the preferred rate This would give businesses time to prepare and budget for future rates Terry Whitmire, Department of Ecology permit manager for the permits for municipal stormwater for the central region, said it is DOE's view that if the program is under funded, there may be timelines, or elements of requirements of the permit that may not be met and under funding it would be a false bargain in the long run • Mayor Edler opened the public hearing McCLURE MOVED AND LOVER SECONDED TO APPROVE A MODIFIED OPTION C WITH THE FIRST YEAR BEING $22 PER ERU, $35 THE SECOND YEAR AND REVIEW IT THE THIRD YEAR. Discussion covered meeting minimum requirements, inability to fix problems at the funding rate, and paying back the Wastewater funds The City Clerk read the Ordinance for Option C by title, the motion carried by a 5 -2 vote, Cawley and Whitman voting nay Option C ORDINANCE NO 2007- 55, AN ORDINANCE relating to the stormwater fees for the storm drainage and surface water management utility; amending the annual base rate of the stormwater fee, amending adjustments to stormwater fees and eliminating low - income senior and disabled citizen credits, amending the billing procedure for stormwater charges, amending specific textual references in the stormwater code to more accurately reflect the parties subject to fee payment; and amending Sections 7 80 110, 7 80 120, 7 80 130 and 7 80 140 of Chapter 7 80 of the City of Yakima Municipal Code to reflect said fee, billing and textual amendments 4 NOVEMBER 20, 2007 7 Public Hearing for 2008 Preliminary Budget • Mayor Edler opened the public hearing Page Scott, Executive Director of YVCOG, was available for questions from Council on the YVCOG budget. She also explained the increase in membership assessment. Mike Morrisette, President of the Greater Yakima Chamber of Commerce and representing the Citizens for a Safe Yakima Valley, stated they have two outside service agreements, one for the Chamber, and another that is proposed for the Citizens for a Safe Yakima Valley With regard to the Chamber contract, they would like to continue the services provided, e g Leadership Yakima, Green Up Clean Up Day, and business surveys The proposed contract would cover five different projects such as the National Night Out, Summer Jobs for Disadvantage Youths, and the campaign to reduce the use of crystal meth That request is for $20,000 and the County has also committed to $20,000 Jessica Mosquaw, Allied Arts Van, described their program and noted that it has received funding for several years Without that funding the Arts Van will be in jeopardy The $5,000 requested allows them to pursue matching funds She urged the Council to reinstate funding George Finch who handles programming for The Seasons Performance Hall, explained that they are asking for a one -time SIED grant to fund a person to develop education programs for the schools Deborah Wilson, RSVP, gave an update on what the senior volunteers have accomplished this last year and requested continued support. Nestor Hernandez, Hispanic Chamber of Commerce, explained that they are working to involve Hispanics in the community and requested continued funding Dave McFadden, Yakima County Development Association (New Vision) spoke about the economic outlook and development in Yakima and accomplishments for the year He also solicited input from Council and the audience for ideas for economic development in Yakima Sean Hawkins, Committee for Downtown Yakima, explained that their request for $50,000 is to continue the maintenance program for downtown They were able to obtain matching funds The PBIA sunsets in June and they are putting together a plan for a larger area They will be asking for $220,000 from the private sector as well as continuing to raise over $100,000 from people outside the downtown area The City's $50,000 is leveraged for a budget that is over $400,000 Jim Hall, Emergency Management Services, asked for continued support and gave an overview of their accomplishments over the last year They are not a County agency but are governed by an executive board and a council of 14 mayors Council Member Whitman spoke about our Sister City, Morelia, and described what the $2,000 funding request will cover • Mayor Edler closed the public hearing 1* 5 NOVEMBER 20, 2007 8 Public Hearing on Ad Valorem Property Tax Levy for Collection in 2008 and consideration of legislation City Manager Zais spoke about Initiative 747 and property taxes He advised that the ad valorem ordinance is required to levy 2008 property taxes and must be filed with the County Assessor by the end of November This proposal maintains the City's adherence to the current law of Initiative 747 with a 1 % property tax lid The 2008 budget is based on this level He noted that fixed operating expenses have no caps and continue to increase, but our income is held down, that is why we have had to make choices resulting in $800,000 in reductions Cindy Epperson, Financial Services Manager, described the general government budget as being tax supported sales tax makes up 29% of revenues, property tax is 23 %, utility tax is about 20 %, with everything else making up about 28% (grants, state shared revenues, gambling taxes, etc) Property tax is the only one that needs to be set annually by the City Council She explained that property tax is used for street programs and parks budgets Yakima's property taxes are still below the average of other cities our size per capita • Mayor Edler opened the public hearing No one came forward to speak. • Mayor Edler closed the public hearing The City Clerk read Ordinance A, CAWLEY MOVED AND McCLURE SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote A. Ordinance declaring Council intent to set 2008 property tax levy ORDINANCE NO 2007 -56, AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2008 regular levy for new construction, annexation and growth in state - assessed property values from the amount levied the previous year B Ordinance fixing and levying the amount of ad valorem taxes for the 2008 budget The City Clerk read the second ordinance by title only; CAWLEY MOVED AND WHITMAN SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote ORDINANCE NO 20007 -57 AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 2008 Budget for the City of Yakima • 9 NOVEMBER 20, 2007 0 CITY MANAGER'S REPORTS *9 Consideration of a Joint Resolution with Yakima County approving the Yakima International Airport — McAllister Field 2007 Budget Amendment Number 1 and approving the Yakima Air Terminal 2008 Budget RESOLUTION NO R- 2007 -157, A JOINT RESOLUTION of the City of Yakima and Yakima County approving the Yakima Air Terminal — McAllister Field 2007 Budget Amendment #1 and approving the Yakima Air Terminal .2008 Budget. *10 Presentation of Yakima Valley Conference of Governments 2008 Budget Page Scott spoke during the Budget Hearing portion of the meeting *11 Consideration of a Resolution declaring certain used Police vehicles surplus and allowing the Washington State Department of General Services Administration to sell or auction these vehicles RESOLUTION NO R- 2007 -158, A RESOLUTION declaring six used police vehicles to be surplus and authorizing their sale by the Washington State General Services Administration 0 42. GE)RsideFatinn of ResG!l 1tinn a ithnri-�inn aR aMeRdmant to the SeGtinn 108 agreement ieiith Traihv -gGf c Deleted • *13 Set date of Public Hearing for December 4, 2007 at 7 00 p m to consider the proposed Loveless Annexation December 4, 2007 at 7 00 p m was set as the date of Public Hearing to consider the proposed Loveless Annexation 14 Set date of Public Meeting for December 4, 2007 at 7 00 p m regarding temporary emergency cold weather shelters in the City of Yakima Bill Cook, Community and Economic Development Director, explained this is the second year for this program Although the public meeting itself is not a requirement of law or code, we elected to continue the practice we began last year The use of a church facility in this manner does not fall into our zoning category neatly, but because it is an emergency, we consider doing it through a more informal process and allow the public to speak to it. We feel we have compensating safeguards in place to assure safety of the people in the building We are working on a more permanent solution JOHNSON MOVED AND WHITMAN SECONDED TO SET THE DATE OF DECEMBER 4, 2007 FOR A PUBLIC MEETING REGARDING TEMPORARY EMERGENCY COLD WEATHER. SHELTERS IN THE CITY OF YAKIMA. The motion carried by unanimous voice vote 7 NOVEMBER 20, 2007 ORDINANCES 0 15 Consideration of an Ordinance amending the Animal Control Enforcement fees and regulations Council Member Whitman advised that this ordinance did not go through a Council Committee and she believes that lowering the fees will not increase revenue enough to offset any revenue losses Council Member Bonlender explained the program and the ideas behind it. He agreed that it will take marketing to be successful JOHNSON MOVED AND CAWLEY SECONDED TO PASS THE ORDINANCE The motion carried by a 6 -1 roll call vote, Whitman voting nay ORDINANCE NO 2007 -58, AN ORDINANCE relating to Animal Control, reducing the license fee for altered dogs from $15 00 to $5 00, increasing the impound fee from $20 00 to $25 00., eliminating the reduced three year license option for altered and unaltered dogs, reducing the one time fee for senior citizens owning an altered dog from $25 00 to $5 00, allowing a one -time fee for an unaltered dog owned by a senior citizen, and providing for a one -time waiver of the impound fee when a dog is validly licensed with the City of Yakima, and amending the City of Yakima Municipal Code 16 Consideration of a Resolution authorizing execution of a Memorandum of Understanding with Central Washington Comprehensive Mental Health, Yakima Sheriff's Office and Yakima County for the Yakima Police Department to participate in a behavioral health diversion pilot project Cynthia Martinez , Sr Assistant City Attorney said the Criminal Prosecution Division and the Yakima Police Department support this MOU Chris DeVilleneuve of Central Washington Comprehensive Mental Health described how the two -part program focuses on law enforcement training and behavioral health diversion He spoke about the program's success and cost effectiveness Their goal is to increase interventions to make it safe for individuals with mental illness to be in the community This will be one of the first programs in the state of Washington BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION The motion carried by unanimous roll call vote RESOLUTION NO R- 2007 -159, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Memorandum of Understanding with Central Washington Comprehensive Mental Health (CWCMH), Yakima Sheriff's Office, and Yakima County whereby the City of Yakima Police Department agrees to participate in a behavioral health diversion pilot project; and the final Memorandum of Understanding to be approved by the City Attorney *17 Consideration of an Ordinance vacating a portion of street right -of -way in the Central Business District located north of Chestnut Avenue, between 3'd and 4th Streets, behind the William O Douglas Federal Courthouse ORDINANCE NO 2007 -59, AN ORDINANCE relating to land use, vacating a portion of street right -of -way adjacent to parcels 191319 - 24436, 191319 - 24498, and 191319- 24434 in the Central Business District located just north of Chestnut Avenue between 3rd & 4th Streets behind the William O Douglas Federal Courthouse 0 M is NOVEMBER 20, 2007 18 Other Business Council Member Cawley advised he had received a call from a citizen residing on Poplar View Road in the Englewood annexation area who questioned why the road was not paved Staff will research and report back to Council He also suggested establishing a communication committee to let citizens know what is happening in the community 19 Adjournment McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO NOVEMBER 27, 2007 AT 8 30 A.M FOR CITY COUNCIL BUDGET REVIEW IN THE COUNCIL CHAMBERS The motion carried by unanimous voice vote The meeting adjourned at925pm READ AND CERTIFIED ACCURATE BY ATTEST CITY CLERK COUNCIL MEMBER COUNCIL MEMBER DAVID EDLER, MAYOR DATE DATE Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 9