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Home My WebLink About01/08/2008 07A Draft Minutes 12-04-2007 Business Meeting® BUSINESS MEETING DECEMBER 4, 2007 — 5 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 2 Executive Session -- Property Acquisition, Prospective and Pending Litigation Executive Session was held and adjourned at 5 50 p m 6 00 P M — PUBLIC SESSION 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 • Continuation of Budget Wrap Up Yakima Basin Storage Alliance, Black Rock, Water Reserves (60 %) $18,000, Irrigation Reserves (40 %) $12,000, budgeted, or partially from General Funds (unbudgeted) City Manager Zais explained the policy issue and that it has been funded for a number of years through the water and irrigation utilities At the Budget Wrap -Up session this morning, the discussion was whether the contribution should come partially or entirely from the general fund BONLENDER MOVED AND McCLURE SECONDED TO HAVE THE $12,000, CURRENTLY SLATED TO COME FROM IRRIGATION, INSTEAD COME FROM THE GENERAL FUND He said it is an approved project that will benefit all of the City's citizens, therefore, in this manner, all citizens will be supporting it. LOVER MOVED AND CAWLEY SECONDED TO AMEND THE MOTION TO HAVE ALL FUNDING COME FROM THE GENERAL FUND Following discussion, the amendment failed by a 5 -2 vote, Bonlender, Edler, Johnson, McClure and Whitman voting nay The original motion carried by a 4 -3 roll call vote, Edler, Cawley, and Lover voting nay ➢ Yakima County Emergency Management Assessment; General Fund, 2008 total $57,212, budgeted • McCLURE MOVED AND WHITMAN SECONDED TO APPROVE The motion carried by unanimous roll call vote DECEMBER 4, 2007 2 Invocation /Pledge of Allegiance Council Member Whitman 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 Mayor Edler recognized Mayor Velma Herrerra, City of Mabton, and Mayor Aubrey Reeves, City of Union Gap, who were in the audience Tom Holbrook, the City's appointee to the Airport Board, gave a status report of activities and ongoing projects at the airport. C Status report on prior meeting's citizen service request City Manager Zais advised that, with regard to Emma Fishbbeck's question on random drug testing, we have not received a response from the arbitrator D Appointments to Council Boards and Commissions - none 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 19 was added to the Consent Agenda Item 20 was removed from the agenda The City Clerk read the Consent Agenda items, including resolutions and ordinances by title McCLURE 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 ) *A. Council Minutes Business Meeting — November 6, 2007 — a correction to Item 3 was noted *B Council Committee Meeting Reports • Council Economic Development Committee — November 7, 2007 • Council Neighborhood Development Committee — November 19, 2007 Council Member McClure announced the annual S E Community Center Christmas party will be held Friday, December 14th He said there is a need for donations of turkeys and volunteers to help serve• 5 Audience Participation Emma Fishbeck, a local citizen, addressed items she had raised at previous Council meetings She requested the name and address of the arbitrator dealing with the random drug testing issue She also wanted to know what the City is doing with regard to the crossing problem at 16th Avenue and Hathaway She then asked if Code Enforcement Officers are writing tickets now that they are authorized Tim Eyman addressed the Council He said he had come to Yakima from the west side of the state for a forum on property taxes, but wanted to comment on a local issue He said he had repeatedly asked the Herald Republic to allow him to submit a column on the issue but they refused First, he claimed to be the City's highest ranking unelected DECEMBER 4, 2007 is representative, and then began to give his comments on the Bonlender / Ensey issue He claimed it was a media witch hunt and railroad job against Ensey When he began to make negative comments about Council Member Bonlender, Council Member Whitman stated she had heard enough and asked the Mayor to have direct him to sit down LOVER MOVED AND CAWLEY SECONDED TO LET MR. EYMAN CONTINUE. The motion failed by a 5 -2 vote, Bonlender, Edler, Johnson, McClure and Whitman voting nay Mr Eyman refused to leave saying he would have to be forcibly removed Security escorted him out of the Council Chambers, and he continued reading his statement in the lobby Mike Hunnel, 913 S 4th Avenue, made disparaging remarks against City officials with regard to their handling of handicap parking accessibility He then complained about the length of time it took for a response to his most recent public disclosure request. Tony Corcy, accompanied by Ryan Pell, spoke again about the necessity of installing a safety crosswalk at 16th Avenue and Hathaway and showed an excerpt from KNDO News concerning the issue He offered a suggestion about using the old signal light equipment from Fruitvale and 16th Avenue once it is replaced by new equipment during the development of the River Pointe Mall He also suggested asphalting the west side of 16th Avenue to make it safer to walk until the mall development replaces it. Council Member Johnson advised Mr Corcy that he had sent a note seeking an appointment with the Secretary of Social and Health Services to see what she and the state might be able to do with regard to funding Lawrence Breer also spoke in support of finding a safe method of crossing 16th Avenue ® Thomas McCormick wished the Council Merry Christmas and recognized Steve Gaulke for his involvement with homeless people 7 00 P M -- PUBLIC HEARINGS / MEETINGS 6 Public Hearing and Consideration of an Ordinance regarding the Loveless annexation area Doug Maples, Code Enforcement and Planning Manager, described the annexation as one lot, two residents, at the corner of 801h Avenue and Tieton Drive The property owner petitioned to be annexed into the City No one came forward to speak during the public hearing The City Clerk read the ordinance by title, McCLURE MOVED AND JOHNSON SECONDED TO PASS THE ORDINANCE The motion carried by unanimous roll call vote ORDINANCE NO 2007 -60, AN ORDINANCE concerning annexation, annexing the Loveless Annexation area to the City of Yakima, maintaining the current zoning of the area, providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service, assumption of the City's current indebtedness by properties in the Loveless Annexation area, and an effective date of January 6, 2008 DECEMBER 4, 2007 7 Open Record Public Hearing to consider the Hearing Examiner's • recommendation to approve a right -of -way vacation of an alley behind the Capitol Theatre Doug Maples, Code Enforcement and Planning Manager, displayed a map of the area to be vacated The Hearing Examiner held an Open Record Public Hearing on August 27, 2007 and recommended approval on October 11, 2007 Staff supports the Hearing Examiner's recommendation No one came forward to speak during the public hearing JOHNSON MOVED AND WHITMAN SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION The motion carried by unanimous roll call vote 8 Closed Record Public Hearing concerning the Preliminary Plat of Sierra Vista submitted by SBJ Joint Venture Doug Maples, Code Enforcement and Planning Manager, described the request as an application by SBJ Joint Ventures to subdivide 9 55 acres On October 2, 2007, the City Council heard the matter and remanded it back to the Hearing Examiner for further consideration of the ingress /egress On October 31, 2007, the Hearing Examiner held the remand hearing and developers presented a new version On November 14th the Hearing Examiner amended his recommendation with several conditions and a revised access plan An • Mayor Edler opened the closed record public hearing Jim Beckett, partner in the development, described how they had reworked the plat and the public withdrew their opposition • Mayor Edler closed the closed record public hearing JOHNSON MOVED AND WHITMAN SECONDED TO APPROVE The motion carried by unanimous roll call vote 9 Public Meeting regarding the Temporary Emergency Cold Weather Shelter Program Doug Maples, Code Enforcement and Planning Manager, advised that this will be the second year for allowing temporary emergency cold weather shelters Last year the Yakima County Homeless Network had two churches participating, that has increased to three All three have gone through the proper process and have complied with all necessary regulations Dave Hanson from Vineyard Church has spearheaded this endeavor and should be complimented for his efforts DECEMBER 4, 2007 is• Mayor Edler opened the public meeting Mary Jane Fowler, who called herself "house challenged," is currently staying at the Vineyard shelter She thanked Council for helping people that need a place to stay out of the cold • Mayor Edler closed the public meeting The City Clerk read the resolution by title, JOHNSON MOVED AND CAWLEY SECONDED TO APPROVE. The motion carried by unanimous roll call vote RESOLUTION NO R- 2007 -160, A RESOLUTION of the City of Yakima, Washington, authorizing and directing the City of Yakima Department of Community and Economic Development to identify and implement a policy regarding temporary emergency cold weather shelters in the City of Yakima, and providing that such policy shall be valid only during November, December 2007, and January, February and March 2008 CITY MANAGER'S REPORTS 10 Consideration of City of Yakima 2008 State Legislative Priorities City Manager Zais described the process of developing the legislative priorities He gave an overview of the current list and mentioned the most recent addition regarding the public cemetery endowment funds Michael Morales, Deputy Director of Community and Economic Development, also spoke about some of the individual items, e g the Downtown Initiative project and the Capitol Theatre project. Another potential piece of legislation is one exploring B &O tax relief at the state level for construction impact areas, e g the Grade Separation project. Mr Zais also stated that if the arbitrator does not come back in favor of random drug testing, we will approach the legislators for legislation on the issue BONLENDER MOVED AND CAWLEY SECONDED TO APPROVE THE LEGISLATIVE PRIORITY AS AMENDED The motion carried by unanimous voice vote *11 Consideration of Final Contract Payment for Lions Pool Update Project #2186 (Adopt Standard Motion V -B — accept project; and approve final payment) Completion of the work of HVAC upgrades and improvements for Lions Pool, performed by Vance Heating & Air Conditioning, was approved, the work accepted and payment of the final estimates as therein set forth was authorized *12 Consideration of Resolutions authorizing execution of professional service agreements for Parks and Recreation Division with A. Yakima Valley Basketball Officials Association (YVBOA) for officiating services for the 2008 basketball season RESOLUTION NO R- 2007 -161, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Basketball Officials Association for the purpose of obtaining officiating services for the ® organized basketball program of the City of Yakima DECEMBER 4, 2007 B Yakima County Office of Aging and Long Term Care (ALTC) for the Yakima Day Break Adult Day Care and Respite Services Program at the Harman Center RESOLUTION NO R- 2007 -162, A RESOLUTION authorizing and directing the City Manager to execute Performance Agreement No 2008 COY /2008 ALTC Contract Adult Day Care Respite between the City of Yakima and Yakima County, through the Office of Aging and Long Term Care (ALTC) for the Adult Day Care and Respite Services program at the Harman Center C Yakima County Office of Aging and Long Term Care (ALTC) for the 2008 Geriatric Preventative Foot Care Services Program at the Harman Center RESOLUTION NO R- 2007 -163, A RESOLUTION authorizing the City Manager to execute Performance Agreement No 2008 with Yakima County, through the Office of Aging and Long Term Care, for the delivery of Geriatric Preventative Foot Care Services for senior citizens D Instructors, officials and referees needed for various Parks and Recreation RESOLUTION NO R- 2007 -164, A RESOLUTION authorizing and directing the Parks and Recreations Division Manager of the City of Yakima to execute Personal Services Agreements during 2008 that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services for the Parks Division 13 Consideration of a Resolution authorizing execution of an Animal Control agreement with the Humane Society of Central Washington for 2008 RESOLUTION NO R- 2007 -165, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Animal Control Agreement with the Humane Society of Central Washington *14 Consideration of a Resolution authorizing execution of agreements with Washington State Department of Transportation A. Federal /state Capital Consolidated Grant agreement for paratransit/special needs projects RESOLUTION NO R- 2007 -166, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Federal /State Capital Consolidated Grant Agreement and all other necessary documentation with the Washington State Department of Transportation to accept a Special Needs Transportation Grant. • DECEMBER 4, 2007 0 B Vanpool purchase agreement to acquire vehicles through the statewide Vanpool Investment Program RESOLUTION NO R- 2007 -167, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract between the City of Yakima and the Washington State Department of Transportation regarding the receipt of state funds to purchase additional vanpool vehicles for use in Yakima Transit's vanpool program *15 Consideration of Resolutions authorizing execution of interlocal jail agreements with A. Yakima County RESOLUTION NO R- 2007 -168, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Corrections /Detention Agreement with Yakima County for the provision of jail detention services during 2008 and 2009 B City of Sunnyside RESOLUTION NO R- 2007 -168, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Sunnyside, Washington for the provision of jail services C City of Tieton RESOLUTION NO R- 2007 -170, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Tieton to allow the City of Yakima to continue to house prisoners of the City of Tieton at the Yakima City Jail D City of Toppenish RESOLUTION NO R -2007- 171, A RESOLUTION authorizing the City Manager to execute an amendment extending the Interlocal Jail Agreement with the City of Toppenish through December 31, 2008 E City of Union Gap RESOLUTION NO R- 2007 -172, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Union Gap to allow the City of Yakima to house prisoners of the City of Union Gap at the Yakima City Jail F City of Wapato RESOLUTION NO R- 2007 -173, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Wapato, 40 Washington for the provision of jail services DECEMBER 4, 2007 *16 Consideration of Resolution authorizing execution of agreement with Allied Arts of Yakima Valley for development of public art elements of the Railroad Grade Separation project RESOLUTION NO R- 2007 -174, A RESOLUTION authorizing the City Manager to execute an Agreement with Allied Arts of Yakima Valley for the purpose of selecting an artist or artists who will work with the City's professional engineer to develop and install all aesthetic elements for the grade separations project. *17 Set date of Public Hearing for January 8, 2008 at 7 00 p m to consider the Hearing Examiner's recommendation to approve the vacation of two portions of public right -of -way in the vicinity of East "R" Street and North 2nd Street January 8, 2007 was set as the date of Public Hearing to consider the Hearing Examiner's recommendation to approve the vacation of two portions of public right -of- way in the vicinity of East "R" Street and North 2nd Street *18 Set date of Public Meeting for January 8, 2008 at 7 00 p m. to consider final plat approval of the Plat of Wellington Estates Phase 5, Cottonwood Partners, LLC January 8, 2008 was set as the date of public hearing to consider final plat approval of the Plat of Wellington Estates Phase 5, Cottonwood Partners, LLC ORDINANCES *19 First Reading of an Ordinance amending the 2007 budget and appropriating 40 funds for increased fuel costs to City departments (Second Reading December 11, 2007) An Ordinance amending the 2007 budget and appropriating funds for expenditure during 2007 to provide for increased fuel costs, was read by title only, and laid on the table until December 11, 2007 for a second reading 21 Other Business Council Member Bonlender requested the "Adopt a Crosswalk." project be reviewed by the Bicycle /Pedestrian Committee for possible implementation at 16th Avenue and Hathaway Council Member Cawley advised that Casey McKay has asked to paint a modern -day mural on one of the City's retaining walls, as a senior project, and have it sealed with graffiti repellant. W DECEMBER 4, 2007 ® Council Member Cawley suggested having the Council retreat in the City Council Chambers 22 Adjournment JOHNSON MOVED AND WHITMAN SECONDED TO ADJOURN TO DECEMBER 11, 2007 AT 2.00 P M FOR A CITY COUNCIL BUSINESS MEETING IN THE COUNCIL CHAMBERS The motion carried by unanimous voice vote The meeting adjourned at 725pm READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST CITY CLERK DAVID EDLER, MAYOR ® Minutes prepared by Linda Watkins A CD and DVD of this meeting are available in the City Clerk's Office 0