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HomeMy WebLinkAbout12/07/2010 Business Meeting 391 YAKIMA CITY COUNCIL BUSINESS MEETING DECEMBER 7, 2010 COUNCIL CHAMBERS, YAKIMA CITY HALL 6:00 P.M. — BUSINESS MEETING 1. Roll Call 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 Mayor Cawley 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 O Recognition of retiring Police Reserve Lieutenant John Gorman Chief Granato recognized Lieutenant John Gorman for his 9,000 hours of volunteer service to the community. He was presented a plaque recognizing his 22 years of service with the Police Department. C. Status reports on prior meeting's citizen service requests - None D. Appointments to Boards, Commissions and Council Committees ® Police and Fire Civil Service Commission COFFEY MOVED AND LOVER SECONDED TO REAPPOINT GREG LIGHTY TO THE POLICE AND FIRE CIVIL SERVICE COMMISSION. 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. There were no changes. The City Clerk read the Consent Agenda items, including • resolutions and ordinances by title. ENSEY MOVED AND COFFEY 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 City Council Meeting Minutes 1. Adjourned Meeting /Budget Reviews — November 2, November 9 and November 16, 2010 2. Business Meeting — November 2, 2010 The minutes of the November 2, November 9 and November 16, 2010 Adjourned meetings and the November 2, 2010 Business meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 392 DECEMBER 7, 2010 *B. Consideration of approval of Council Committee Meeting Minutes • Economic Development Committee — November 3, 2010 The Council Committee meeting minutes were approved. 5. Audience Participation • Presentation by AFSCME representative regarding City cost - saving measures Royale Schneider presented a list of suggested cost reductions for Council review. City Manager Zais agreed to review the information with AFSCME and report back to the Council Budget Committee. Jill Sauve from the Yakima Cardiac and Heart Center reviewed their involvement with Lions Pool and suggested ideas to help defray operating costs. Steve Hull also spoke in support of retaining Lions Pool. Candy Turner asked Council what they were willing to do personally to help with the City's budget problems and said she was willing to accept higher taxes to help maintain streets and keep pools open. Mary Baechler, 1151 Cook Road, reiterated a previous request to Council to put a ballot measure on the February 2011 special election that Council members must be elected from within their own district and to have seven equal districts. She has petitions with 350 signatures and will be bringing the balance in to meet the 500 - signature requirement. Ron Bonlender also spoke on the subject and accused Council of putting roadblocks in their way. He asked Council to put the request on the ballot directly rather than having them go through the petition method. A discussion ensued on the required process. Deanna Pemberton, 3601 Fairbanks Avenue, asked to have the following questions responded to her, in writing, by the next Council meeting: 1. How many firefighters are employed in Yakima? 2. What funding is being used to pay for the Gang Free Initiative consultant? 3. Who is on the Council Budget Committee? 4. Has the City looked at negotiating with the unions to lower their medical and dental benefits? 7:00 P.M. — PUBLIC HEARINGS 6. Closed record public hearing to consider the preliminary plat of Washington Heights, Phases 2 through 11 Bruce Benson, Supervising Planner, advised that this is the largest subdivision the City of Yakima has ever processed. It is a multi -phase plat. Phase 1 of 24 lots has already been recorded. Phases 2 -11 are for an additional 240 lots. The hearing took place October 14, 2010 and on November 1 the Hearing Examiner issued a recommendation for approval. 2 393 DECEMBER 7, 2010 Mayor Cawley opened and closed the public hearing with no one coming forward to speak. EDLER MOVED AND ENSEY SECONDED TO DIRECT LEGAL TO PREPARE THE APPROPRIATE RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL. The motion carried by unanimous roll call vote. 7. Public hearing /meeting for Cameo Court at Apple Tree: A. Open record public hearing on a proposed development Agreement for a Master Planned Development of the preliminary plat of Cameo Court at Apple Tree and consideration of a Resolution authorizing the signing of the Development Agreement. Assistant Planner Joseph Calhoun advised that the Master Planned Development requires the development agreement. It has been reviewed by the City's Legal Department. The preliminary plat was approved by Council on November 16, 2010. 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 -137, A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Apple Tree Development (hereinafter "Developer "), to provide for the terms and conditions for the Master Planned Development and Preliminary Plat of "Cameo Court at Apple Tree" (hereinafter "Project "). B. Public meeting to consider the' final plat of Cameo Court at Apple Tree and consideration of a Resolution authorizing the Mayor to sign the final plat. Assistant Planner Calhoun said the final plat, creating 25 lots, has all the required improvements completed. Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the resolution by title; EDLER MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2010 -138, A RESOLUTION approving the final plat of Cameo Court at Apple Tree, Phases 1 and 2 and authorizing the Mayor to sign the final plat. 8. Public hearings regarding petitions and applications submitted by Yakima Valley Memorial Hospital: CED Director, Michael Morales, explained the two hearings and noted that this is the first time the City has gone through the process of an institutional overlay of a Master Development Plan. He gave a brief background on the process. Memorial Hospital has worked for years with City staff and the Barge Chestnut Association in anticipation of this. 3 394 DECEMBER 7, 2010 A. Closed Record public hearing to consider the Hearing Examiner's recommendation on an Institutional Overlay /Master Development Plan application Associate Planner Jeff Peters advised that, if approved, the proposed request will apply an institutional overlay zone on the subject properties around the hospital and will also approve the Master Development Plan. Assistant City Attorney Kunkler described the Closed Record Hearing process. Royal Keith, Chairman of the Board of Trustees of Yakima Valley Memorial Hospital, gave background information on the hospital. He spoke about their growth and how they have done so by creating satellite facilities in various parts of the community. There is still a need for further growth and in order to plan for the next 30 years, the institutional overlay became a vehicle allowing for this future growth. They have worked hard to ensure it was a neighborhood- approved process. Jim Aberle, legal representation for Memorial Hospital, displayed a diagram of the proposed full build out. ➢ Mayor Cawley opened the public hearing Gary Forrest, 3011 Barge Street, a board member of the Barge Chestnut Neighborhood Association (BCNA) and chair of the Traffic Committee, said he was in full support of the application. He did voice concerns and requested Council acknowledgement of the traffic problems they expect will arise at Phase 2. Walt Ranta, 5 South 32 Avenue, President of BCNA, stated his primary issue is expected traffic problems, especially when two streets are closed off. He said they have a plan which they think will take care of the entire neighborhood. He suggested a rephrasing where it says "BCNA would be notified of any changes to the master plan." He suggested adding "any subsequent organization" in case their name changed in the future. He noted that traffic lights would not be needed at 24 Avenue if their traffic plan was instituted. Mike Shinn, attorney, spoke about the development agreement that will come before the City Council on January 18 Paul Schafer, 2606 Tieton Drive, referred to detail sections of the traffic plan and expressed concern about traffic being channeled from 16 Avenue onto Tieton Drive. ➢ Mayor Cawley closed the public hearing EDLER MOVED AND ENSEY SECONDED TO REQUEST THE CITY LEGAL DEPARTMENT TO PREPARE THE APPROPRIATE LEGISLATION FOR CONSIDERATION OF AN INSTITUTIONAL OVERLAY /MASTER DEVELOPMENT PLAN PLANNED ACTION ORDINANCE AND TO SET JANUARY 18, 2011 AS THE DATE OF PUBLIC MEETING TO CONSIDER THE INSTITUTIONAL OVERLAY /MASTER DEVELOPMENT PLAN PLANNED ACTION ORDINANCE LEGISLATION. The motion carried by unanimous roll call vote. 4 395 DECEMBER 7, 2010 B. Open Record public hearing to consider the Hearing Examiner's recommendation on the associated right -of -way vacation of South 29 and 30 Avenues Jeff Peters, associate planner, explained that the purpose of the right -of -way vacation request is to facilitate closure of the Yakima Valley Memorial Hospital campus in accordance with the Master Plan. The Hearing Examiner held a hearing on October 28, 2010 and recommended approval on November 12, 2010. City staff recommends accepting the Hearing Examiner's recommendation to approve the vacation request and directing Legal to provide appropriate legislation for the January 18, 2011 public meeting. ➢ Mayor Cawley opened the open- record public hearing. Gary Forrest said he fully supports the request for right -of -way vacation on South 29 and 30 Avenues and, in conjunction with this, requests that the BCNA traffic calming Phase 1 be approved as soon as possible and implemented in a coordinated manner with the closing of those streets and the diversion at 28 Avenue and Walnut Street. Walt Ranta requested assurance that the traffic calming plan would have its hearing once this right -of -way vacation is approved. He emphasized that they want to be ready with the traffic calming plan when construction starts. Mike Shinn, attorney for YVMH, noted that the street vacation element of the master plan is integrally related. Part of the master plan concept is a closed campus and requires 29 and 30 be vacated between Walnut and Chestnut. He referred to the RCW and the City resolution on the vacation process. They agreed to file the street vacation petition to include the entirety up to Chestnut, involving five private residents on South 30 and two on South 29 The agreement they provided as an attachment has been signed by four of the five owners and the fifth owner will sign it tomorrow. Mr. Shinn submitted a draft to the City Clerk as an additional exhibit. He noted that RCW 35.79.030 governing the process for vacating city streets says... "one half of fair value received must be dedicated to acquisition improvement and development...public open space or capital projects within... He noted that at some point the City may be asked to use those funds for street calming as a means to satisfy that request. Mr. Schafer said he objects to the vacation until the regional traffic flow is thoroughly analyzed. ➢ Mayor Cawley closed the open- record public hearing. EDLER MOVED AND ADKISON SECONDED TO DIRECT THE CITY LEGAL DEPARTMENT TO PREPARE THE APPROPRIATE LEGISLATION AND SET JANUARY 18 2011 AS THE DATE OF PUBLIC MEETING TO CONSIDER LEGISLATION FOR THE PROPOSED RIGHT -OF -WAY VACATIONS. The motion carried by unanimous roll call vote. 5 396 DECEMBER 7, 2010 CITY MANAGER'S REPORTS 9. Consideration of Cascade and Senator Apartments petition for free parking in the "Barrel House" parking lot Chris Waarvick, Public Works Director, gave a brief history on the parking lot and the residents' request. Earlier this year the City Council endorsed the Parking Commission's recommendation to bring this lot into the fold of CDY's public parking structure. Staff recommends that no change in direction be given and sees no advantage to changing the Parking Commission's recommendation to manage that lot in the same manner as the other public lots. The residents at the apartments have the options of buying a residential parking permit ($12 per year) or pay $40 a month for a permit to park in the Barrel House parking lot. City Attorney Cutter suggested there would be some legal challenges if the City were to offer free parking to residents. The owners of the Greystone also have a parking lot to the southwest, next to the tracks, that is open for rent on a monthly basis. EDLER MOVED AND ADKISON SECONDED TO NOT CHANGE PROCEDURES WITH REGARD TO THIS PARKING LOT AND CONTINUE TO MANAGE IT AS WE DO THE OTHER CITY LOTS. The motion carried by unanimous roll call vote. 10. Consideration of the City of Yakima 2011 State Legislative Priorities CED Director Morales gave a quick overview of the 2011 State Legislative Priorities list that was amended following the November 16, 2010 Council meeting. ETTL MOVED AND ADKISON SECONDED TO ACCEPT. The motion carried by a 5 -2 roll call vote, Ensey and Lover voting no. 11. Consideration of Resolutions setting February 8, 2011 as the date for the City of Yakima to hold a special election on an incorporated ballot proposition amending the City Charter to abolish the current City Manager - Council form of government and to adopt a Mayor - Council form of government A. Draft proposition submitted by the City Attorney (as requested by Mayor Cawley and Assistant Mayor Coffey) RESOLUTION NO. R -2010- A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the submission to the voters of the City of Yakima, at a special election to be held therein on February 8, 2011, of a Proposition on whether Articles I, 11, III, V, VI and VII of the Charter of the City of Yakima should be amended to abandon and abolish the Council- Manager form of government and adopt the Mayor - Council form of government; which amendment also provides for amendment of Article XI Section 2 pertaining to approval of franchises and repeal of Article XV pertaining to City Emergency Hospital; approving ballot title; making ancillary and corrective amendments throughout the Charter; and requesting the Yakima County Auditor to call a special election. 6 397 DECEMBER 7, 2010 B. Draft proposition submitted by the three - member Form of Government Council Committee (as presented by Council Members Edler, Ensey and Lover) RESOLUTION NO. R -2010- A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the submission to the voters of the City of Yakima, at a special election to be held therein on February 8, 2011, of a Proposition on whether Articles I, II, III, V, VI, and VII of the Charter of the City of Yakima should be amendedto abandon and abolish the Council- Manager form of government and adopt the Mayor - Council form of government, making ancillary and corrective amendments throughout the Charter; and requesting the Yakima County Auditor to call a special election. The differences between the two proposed Charter amendments were discussed. ENSEY MOVED AND EDLER SECONDED TO ACCEPT THE FORM OF GOVERNMENT SUBMITTED BY THE COMMITTEE, CALLED ITEM 2 (11B), THE LATEST VERSION OF IT AND PLACE IT ON THE BALLOT FOR FEBRUARY. Council Member Ensey explained that their intent is to put the elected mayor issue on the ballot alone so it can pass or fail on its own, not because of other extraneous items. Assistant Mayor Coffey spoke about the cost effectiveness and efficiency of doing some housekeeping that needs to be done. The discussion then went into other concerns with powers of the strong mayor and details that would have to be lived with should the ballot measure pass. Bill Duerr, 3206 West Yakima Avenue, asked since the mayor is going to have decision making of the budget, does the Priorities of Government model get thrown away? He also referred to other details in the ordinance, one being the fact that the ethics committee would be making any recall decisions, not the public. Mr. Duerr pointed out a number if errors or unclear sections. The question was called for a vote on the motion. The motion carried by a 4 -2 roll call vote; Adkison, Cawley, and Coffey voting no. *12. Consideration of a Resolution authorizing execution of an Animal Control contract with the Humane Society for 2011 RESOLUTION NO. R- 2010 -139, 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. *13. Consideration of a Resolution amending the contract with Intermountain Claims, Inc. for workers compensation claims management RESOLUTION NO. R- 2010 -140, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amended Workers' Compensation Third Party Administrator's Claim Services Agreement with Intermountain Claims, Inc., for administration of the City's workers' compensation claims. 7 398 DECEMBER 7, 2010 *14. Consideration of a Resolution authorizing the Yakima Valley Visitor and Convention Bureau/Yakima Center to accept the new art decor at the Yakima Center RESOLUTION NO. R- 2010 -141, A RESOLUTION accepting the Yakima Art Commission recommendation and authorizing the Yakima Valley Visitor and Convention Bureau /Yakima Center to move forward with placement of a proposed art piece at the Yakima Center. *15. Consideration of a Resolution authorizing sole source purchase of SICO America Products for the Yakima Convention Center RESOLUTION NO. R- 2010 -142, A RESOLUTION authorizing the City Manager to purchase SICO brand products from SICO America, Inc. to be used to replace existing staging, steps, and backdrops, for a purchase price not to exceed $35,000 (plus sales tax) 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. *16. Consideration of a Resolution authorizing an amendment to the interlocal jail agreement with the City of Toppenish RESOLUTION NO. R- 2010 -143, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Amendment to an Interlocal Jail Agreement with the City of Toppenish, Washington for the provision of jail services. *17. Consideration of legislation authorizing execution of Collective Bargaining Agreements with: A. 2011 -2012 Teamsters Correction Sergeants RESOLUTION NO. R- 2010 -144, A RESOLUTION authorizing the City Manager to execute the first collective bargaining agreement between the City of Yakima and the Yakima Police Corrections Sergeants Unit for wages, hours, and working conditions for January 1, 2011- December 31, 2012. B. 2010 -2012 AFSCME Transit RESOLUTION NO. R- 2010 -145, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2010 -2012 with the American Federation of State, County and Municipal Employees (AFSCME) representing the transit bargaining unit. *18. Consideration of a Resolution authorizing execution of Supplement No. 1 of the professional services agreement with Conley Engineering Inc. to complete the design for upgrading existing lighting features in several City buildings RESOLUTION NO. R- 2010 -146, A RESOLUTION authorizing the City Manager to execute Supplement No. 1 of the Professional Services Agreement with Conley Engineering, Inc. for engineering services required to calculate the recommended lighting levels and determine the quantities and locations of the new lighting fixtures in each room. 8 39.9 DECEMBER 7, 2010 *19. Consideration of a Resolution authorizing an amendment to a residential property real estate contract with Albino Perez RESOLUTION NO. R- 2010 -147, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to amend a Residential Property – Real Estate Contract Amendment with Albino Perez. *20. Consideration of a final contract payment for Belsaas & Smith Construction, Inc. for the William O. Douglas Trail Enhancement (Standard Motion V -B— accept the project and approve the final payment) The report from the City Engineer with respect to the completion of the work on the William O. Douglas Trail Enhancement project performed by_Belsaas & Smith Construction was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *21. Set date of an "Open Record" public hearing for January 18, 2011 for consideration of YVMH's Institutional Overlay /Master Development Plan Development Agreement and consideration of legislation for YVMH's Institutional Overlay /Master Development Plan Planned Action and associated Right -of -Way Vacation of S. 29 and 30 Avenues January 18, 2011 was set as the date of an "Open Record" public hearing for consideration of YVMH's Institutional Overlay /Master Development Plan Development Agreement and consideration of legislation for YVMH's Institutional Overlay /Master Development Plan Planned Action and associated Right of Way Vacation of 29 and 30 Avenues. 22. Other Business - None 23. Adjournment EDLER MOVED AND COFFEY SECONDED, TO ADJOURN TO DECEMBER 13, 2010 AT 4 P.M. IN COUNCIL CHAMBERS FOR THE CONTINUATION OF JOINT CITY /COUNTY DELIBERATIONS ON THE WEST VALLEY NEIGHBORHOOD PLAN, AREA WIDE REZONE AND URBAN AREA STREET STANDARDS, THEN TO DECEMBER 14, 2010 AT 2:00 P.M. FOR THE COUNCIL BUSINESS MEETING. The motion carried by unanimous voice vote. The meeting adjourned at 9:18 p.m. READ AND CERTIFIED ACCURATE BY // _ `F 'I JNCIL MEMBER DATE §UNCIL MEMBER DATE ATTEST: C cuj22 / CITY CLERK _ MICAH CAWLEY, MAYr Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office. 9