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HomeMy WebLinkAbout01/18/2011 Business Meeting 41.9 YAKIMA CITY COUNCIL BUSINESS MEETING JANUARY 18, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: Acting City Manager Morales, City Attorney Cutter 2. Executive Session • Collective Bargaining • To evaluate the qualifications of an applicant for public employment • Prospective litigation Executive Session was held and adjourned at 5:57 p.m. • 6:00 P.M. — BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: Acting City Manager Morales, 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 • Recognition of Senior Engineer Bob Desgrosellier for 30 years of service to the City of Yakima Michael Morales, Acting City Manager, gave information on Bob's broad work history with the City of Yakima and presented him with his 30 -year Service Award. • • Boy Scout Troop 161 Scout Master Mark Ward had the troop members introduce themselves. They are working on their Communications Merit Badge. C. Status reports on prior meeting's citizen service requests - None D. Appointments to Boards, Commissions and Council Committees • Request Council liaison appointment to the Yakima Planning Commission EDLER MOVED AND LOVER SECONDED TO APPOINT COUNCIL MEMBER ENSEYAS THE LIAISON TO THE YAKIMA PLANNING COMMISSION. The motion carried by a 6 -1 roll call vote; Coffey voting no. 1 • 420 JANUARY 18, 2011 • 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. COFFEY MOVED AND ADKISON 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 • Business Meetings — December 14, 2010 and January 4, 2011 The minutes of the December 14, 2010 and January 4, 2011 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. *B. Consideration of approval of Council Committee Meeting Minutes • Council Economic Development Committee — January 5, 2010 Council Committee meeting minutes were approved. 5. Audience Participation Mary Baechler, representing Central Washington Progress, spoke regarding their certified petition for amending the Charter to allow voters to elect all members of the City Council by districts. She said she had met with the County Auditor and was advised there was no slating of this issue for any election in 2011. She continued to encourage the Council to call for a special election in April. Staff will follow up with the Auditor on the issue and contact Ms. Baechler with the response. Mike Hunnel complained about alleged non - compliance to handicap parking requirements. He also claimed that building sites are not being inspected. Bill Duerr gave his opinions about the recent forum with the Yakima Herald- Republic Editorial Board regarding the form of government. He felt some of the speakers were disrespectful of other speakers. He also said he.felt "strong mayor" was not an appropriate wording, calling it an "elected mayor" would be more correct. He believes the amendment, as written, is flawed and urged the public to vote against the proposed amendment. He suggested an independent committee rewrite the amendment and submit it at a later time. 7:00 P.M. — PUBLIC HEARINGS 6. Open Record Public Hearing to consider traffic calming recommendations in response to the petition from the Barge- Chestnut Neighborhood Joe Rosenlund, Streets and Traffic Operations Manager, gave background information on the recommendations and the plan designed by the Barge- Chestnut Neighborhood Association (BCNA). The City has set aside $50,000 for phase 1. Phase 2 is meant to be more of a follow -up process, but currently there is no funding 2 ; 42 , 1 JANUARY 18, 2011 for it. In reference to the written input received, it was approximately two to one in favor of traffic calming. • Mayor Cawley opened the public hearing Rick Linneweh, Chief Executive Officer of Memorial Hospital, thanked the City for the actions they have taken and stated that they have worked hard with the neighbors, an outcome of which is a partnership with the neighborhood. Memorial Hospital will be paying the City compensation for the vacation of 29 and 30 Avenues. He strongly urged the City to use those funds for other traffic improvements to the neighborhood. Gary Forrest, board member and chair of the BCNA Traffic Committee, gave the history of the committee and their actions while working with the City. He urged Council to pass the proposed plan. Paul Nagle - McNaughton said the plan is designed to cut down on cross - through traffic in the neighborhood. He encouraged Council to support the plan. Glenn Jakeman lives on S. 31 Avenue and asked Council to consider expanding the width of the roadway. Joe Panzarino, 2903 W. Chestnut, questioned the parking lot exits and how they would affect friends who come to visit him and park on the street in front of his house. Sue Fenich, 1901 W. Yakima Avenue, said that many of the neighbors do not support this plan but are just exhausted from fighting the City over it. Nancy Welsch, 2112 W. Yakima Avenue, expressed her concern with speeding on Yakima Avenue from 24 to 16 She suggested a stop sign at each intersection would slow traffic down. Paul Schafer, 2606 Tieton Drive, suggested there needed to be further study including traffic conditions from Summitview to Nob Hill. He does not agree with closing off 28 and 30 Avenues. Chris Landreau expressed support of the plan. Megan Anderson Riley is in favor of slowing down the traffic. Bill Duerr said traffic calming is needed. Kim Kovalik urged Council to cast a positive vote. Patty Nagle expressed her support. • Mayor Cawley closed the public hearing. Planning Manager Joan Davenport and Julia Kuhn, P.E. with Kittelson & Associates, responded to a number of the comments. With regard to the concerns about traffic exiting on 31 Avenue, the concept of a closed plan is that there will not be driveways on 31 There is a small parking lot on 31 Avenue that will continue to operate. With regard to the traffic study, there were two companion studies; one for traffic calming devices, and a second study that covered intersections and all arterials from 16 and Nob Hill to 40 and Summitview. The Development Agreement addresses all of those intersections that were studied. The conclusions reached as a result of the studies are that the traffic mitigation measures that are part of the Development Agreement will adequately address the reserve capacity on Tieton Drive. 3 422 JANUARY 18, 2011 Following Council discussion, EDLER MOVED AND LOVER SECONDED TO DIRECT STAFF TO IMPLEMENT THE PROJECT INSTALLATION OF THE FIRST PHASE OF THE TRAFFIC CALMING DEVICES AND TO LOOK INTO THE FEASIBILITY OF DIRECTING THE DOLLARS FROM MEMORIAL'S PURCHASE OF THE STREETS TO THESE PROJECTS AS A PART OF THAT MOTION. Council Member Lover advised that he lives on Yakima Avenue between 24 and 26 Avenue and also owns a home at the bottom of the hill between Chestnut and Tieton. He believes a high percentage of traffic on Yakima Avenue is not generated by the hospital but is traffic moving from west of 32 to the downtown. He said we need to think about how to encourage the cut - through traffic to drive on Tieton Drive. He also offered to recuse himself from voting because of living in the area. Council did not feel it was necessary. The motion carried by unanimous voice vote. 7. Open Record Public Hearing and consideration of legislation regarding Yakima Valley Memorial Hospital (YVMH) with respect to "A" below: A. Resolution authorizing execution of a Development Agreement to codify all environmental, Institutional Overlay /Master Development Plan and Right -of- Way vacation conditions associated with YVMH's approved Institutional Overlay /Master Development Plan • Jeff Peters, Associate Planner, stated that the Development Agreement formalizes the agreement terms. Approval of the Development Agreement is the second to last step in the environmental and development review process. Mike Shinn, legal representative for the hospital, updated the Council regarding several revisions in the Development Agreement. • Mayor Cawley opened the public hearing Gary Forrest and Ralph Call spoke in support of the Development Agreement. Mike Shinn spoke about how this has been a cooperative and enjoyable process. He itemized what was in the agreement. • Mayor Cawley closed the public hearing. The City Clerk read the resolution by title; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2011 -10, A RESOLUTION approving and authorizing the City Manager to execute and administer a Development Agreement implementing institutional overlay /master development plan for Yakima Valley Memorial Hospital pursuant to previously approved institutional overlay; adopting findings of fact and conclusions of law. 4 423 JANUARY 18, 2011 *B. Ordinance implementing an Institutional Overlay zone and associated Master Development Plan ORDINANCE NO. 2011 -03, AN ORDINANCE implementing Planned Action EIS and Institutional Overlay for Yakima Valley Memorial Hospital Master Development Plan; setting forth applicable mitigation and development measures; receiving and adopting recommendation from the hearing examiner and adopting findings and conclusions; approving Institutional Overlay Zone; authorizing preparation of Development Agreement in conformity with this action; authorizing procedure for vacation of affected street right -of -ways in conjunction therewith; and amending zoning map and comprehensive plan in conformity with this action. *C. Ordinance vacating portions of South 29 and 30 Avenues located between Walnut Street and Chestnut Avenue ORDINANCE NO. 2011 -04, AN ORDINANCE relating to land use; vacating certain portions of right -of -way in the vicinity of S. 29 and 30 Avenues north of Tieton Drive, and south of Chestnut Avenue. CITY MANAGER'S REPORTS *8. Consideration of 2010 Fourth Quarter Capital Improvement Projects Report The 2010 Fourth Quarter Capital Improvement Projects report was approved. *9. Consideration of a Resolution authorizing execution of an agreement with Yakima Southwest Rotary Club for a picnic shelter at Miller Park RESOLUTION NO. R- 2011 -11, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Yakima Southwest Rotary Club for development of a picnic shelter at Miller Park. *10. Consideration of Resolutions authorizing execution of an agreement with the Seasons Performance Hall for strategic website development in 2010 RESOLUTION NO. R- 2011 -12, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and The Seasons Performance Hall for strategic website development, and ratifying performance of contract work performed in 2010. *11. Consideration of a Resolution authorizing lease renewal with Western Materials, Inc. for City -owned property RESOLUTION NO. R- 2011 -13, A RESOLUTION authorizing the City Manager to execute a lease of City -owned property with Western Materials, Inc. 5 424 JANUARY 18, 2011 *12. Consideration of Resolutions authorizing execution of agreements with Yakima County Office of Aging and Long Term Care (ALTC) for: A. Day Break Adult Day Care and Respite Services Program at the Harman Center RESOLUTION NO. R- 2011 -14, A RESOLUTION authorizing and directing the City Manager to execute Performance Agreement No. 2011 with 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. B. Geriatric Preventative Foot Care Services Program RESOLUTION NO. R- 2011 -15, A RESOLUTION authorizing and directing the City Manager to execute Performance Agreement No. 2011 with Yakima County, through the Office of Aging and Long Term Care, for the delivery of Geriatric Preventative Foot Care Services for senior citizens. *13. Consideration of a Resolution authorizing a sole source purchase of a Fuel Management System upgrade RESOLUTION NO. R- 2011 -16, A RESOLUTION authorizing the City Manager to purchase the PV Hybrid FSC 3000 upgrade and Premier Software /Card Holder Fuel Management System from NW Pump and Equipment to be used to track distribution of gasoline and fuel consumed by the City of Yakima, control security gates providing ingress and egress to the Public Works complex and include fuel storage and distribution to the Wastewater Treatment Plant, Tahoma Cemetery and the new fuel station under construction on Lincoln Avenue 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. *14. Consideration of a Resolution authorizing execution of an interlocal jail agreement with Yakima County RESOLUTION NO. R- 2011 -17, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with Yakima County, Washington for the provision of jail services. *15. Consideration of a Resolution amending Yakima Transit's Equal Employment Opportunity (EEO) Program • RESOLUTION NO. R- 2011 -18, A RESOLUTION authorizing the revision of Yakima Transit's Equal Employment Opportunity Program and authorizing the filing of the resolution with the Federal Transit Administration, an operating administration of the United States Department of Transportation, as authorized by 49 C.F.R. Parts 23 and 26, & United States Code Titles 23, 42, and 49 and directing staff to implement the program and to develop goals associated with the program. 6 425 JANUARY 18, 2011 *16. Consideration of a Resolution authorizing the City of Yakima Fire Department to purchase two (2) Fire Engines utilizing the Florida Sheriff's Association Bid No. 10 -09 -907 RESOLUTION NO. R- 2011 -19, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute an Intergovernmental Agreement for Interstate Cooperation between the City of Yakima and the Florida Sheriff's Association, located in Tallahassee, Florida 17. Consideration of a Resolution authorizing execution of a contract with Prothman Company to provide interim city management services Acting City Manager Morales explained the draft agreement that Mr. Prothman provided and our attorneys have reviewed. The resolution allows action to be taken on the contract if Council so chooses, although a candidate need not be selected at this time. Base pay would be specifically negotiated with regard to a housing stipend and car allowance for each candidate separately. The scope of services is broad allowing Council flexibility. Following Council discussion, the City Clerk read the resolution by title; ENSEY MOVED AND COFFEY SECONDED TO ACCEPT THE CONTRACT. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2011 -20, A RESOLUTION authorizing the Acting City Manager of the City of Yakima to execute an Agreement between the Prothman Company and the City of Yakima for services of an Acting /Interim City Manager. • ETTL MOVED AND COFFEY SECONDED TO APPOINT DAVID MERCIER FOR THE POSITION OF INTERIM CITY MANAGER. Council Member Edler commented, and Council Member Lover agreed, that they were not convinced of the need to move into the decision this quickly. The motion carried by a 5 -2 vote; Edler and Lover voting no. *18. Consideration of final contract payment for Russell Crane Service for the Cowiche Canyon Parcel Rehabilitation Project (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 Cowiche Canyon Parcel Rehabilitation Project, performed by Russell Crane Service was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *19. Set date of Public Hearing for February 1, 2011 to consider the City of Yakima Planning Commission's recommendations for amendments to the Environmental Policy Ordinance February 1, 2011 was set as the date of public hearing to consider the Yakima Planning Commission's recommendations for amendments to the Environmental Policy Ordinance. 7 426 JANUARY 18, 2011 *20. Set date of Public Hearing for February 1, 2011 to consider the City of Yakima Planning Commission's recommendations for amendments to the subdivision ordinance February 1, 2011 was set as the date of public hearing to consider the Yakima Planning Commission's recommendations for amendments to the Subdivision Ordinance. ORDINANCES *21. Consideration of Legislation regarding the financing and purchase of two Fire Apparatus: A. Ordinance authorizing the acquisition of two Fire Apparatus and the execution of a related financing contract with the Office of the State Treasurer and other related documentation ORDINANCE NO. 2011 -05, AN ORDINANCE of the City of Yakima. Authorization for the acquisition of personal property and execution of a financing contract and related documentation relating to the acquisition of said personal property. B. Resolution declaring that the City reasonably expects to reimburse expenditures for the purchase of two Fire Apparatus with the proceeds of the financing contract RESOLUTION NO. R- 2011 -21, A RESOLUTION authorizing and directing the Finance Director to reimburse expenditures arising from the purchase of two fire apparatus with the proceeds of a financing contract to be entered into with the Office of the State Treasurer. *22. Consideration of an Ordinance Amending the Yakima Municipal Code, Title 4, Health and Sanitation, Chapter 4.16 relating to 2011 yard waste rates ORDINANCE NO. 2011 -06, AN ORDINANCE relating to health and sanitation; concerning containers for and storage of garbage and yard waste for collection by the City of Yakima, and amending Section 4.16.140 of the City of Yakima Municipal Code accordingly. 23. Other Business Council Member Ensey brought up the issue of cruising and whether the two events scheduled each year should be eliminated. After limited Council discussion, the recommendation was to refer it to the Council Transit/Transportation Committee. Council Member Edler asked for the lump sum figure of deferred compensation paid to City employees. He also explained to Mr. Duerr that the intent of the Council committee to change the form of government was to prepare the proposed amendments to the Charter to allow for an elected mayor. He asked if there was a will of the Council to look at the Charter for other amendments that are necessary to bring • it current. Depending on the outcome of the special election, the potential of developing a Council subcommittee will be brought back for discussion in a few weeks. 8 427 JANUARY 18, 2011 Council Member Ettl asked the Council committee to change the form of government to address the statements on the posted signs for an elected mayor. Council Member Edler said he supports the statements. Council Member Ettl said he will pursue his request at another time. Assistant Mayor Coffey asked what Council Members should do when they see comments in the Yakima - Herald that are not fact but presented as such. Mayor Cawley suggested they call the paper to discuss it. Mayor Cawley suggested appointing a Council committee to be available to answer questions that arise during the interim City- Manager transition. 24. Adjournment COFFEY MOVED AND LOVER SECONDED TO ADJOURN. The motion carried by 6 -1 voice vote; Ettl voting no. The meeting adjourned at 8:33 p.m. READ AND CERTIFIED ACCURATE BY N 07 -CE - // Ce ICIL MEMB DAT 1 COUNCIL MEMBER ATE' 71( , GJ - �Li (‘ CITY CLERK MICAH CAWLEY, MA OR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 9