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.
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*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.
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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.
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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.
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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.
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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.
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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.
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*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.
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*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.
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