HomeMy WebLinkAbout12/13/2005 Special Business Meeting/Adj to Executive Session 3'9 I,
SPECIAL BUSINESS MEETING
OF THE YAKIMA CITY COUNCIL
DECEMBER 13, 2005 - 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Paul George, presiding, Council Members Ron Bonlender,
Dave Edler, Neil McClure, Mary Place, Bernard Sims, and Susan
Whitman
Staff: City Manager Zais, City Attorney Paolella and City Clerk Roberts
2. Invocation /Pledge of Allegiance
Council Member Edler gave an invocation followed by the Pledge of Allegiance
led by Council Member Sims.
3. Open Discussion for the Good of The Order /Special Presentations
A. Proclamations:
• Special recognitions of Judge Jonathan Martin, Council Members
Paul George, Mary Place, and Bernard Sims
Mayor George read a proclamation honoring Judge Jonathan H. Martin for his
years of service as Municipal Court Judge for the City of Yakima and presented
him with a framed copy of the proclamation and a distinguished service award.
Council Member Whitman read a proclamation honoring Mary Place for eight
years of service on the City Council and her two terms as Mayor. She received
many accolades and awards included in which were the Mayor's gavel, a letter
from Governor Christine Gregoire, and a street sign titled Mary's Place.
Council Member McClure read a proclamation honoring Paul George for four
years of service on the City Council and his term as Mayor. He also received
many awards including the Mayor's gavel, a letter from the Governor and a street
sign titled Paul's Parkway. He also received the infamous original timing light.
City Manager Zais read a proclamation honoring Bernie Sims for his 19 years of
service on the City Council. Bernie was recognized by many for his involvement
in so many important areas for the City. His awards included a letter from
Senator Deccio, a distinguished service award, and a street signed titled Sim
City.
Following a short recess, meeting reconvened at 3:15 p.m.
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B. Special recognition of the Office of Neighborhood Development
Services' Volunteer -of- the -Year, Mark Marquis
Mark Marquis was selected for 311 hours of volunteer service as the Volunteer -
of- the -Year to represent all volunteers who have donated nearly 8,000 hours to
Neighborhood Services.
C. Citizen service requests — None
D. Consideration of appointments to boards and commissions - None
4. Consent Agenda
Mayor George referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Items Nos. 7, 21, 23, 24, and 25 were added and Item No. 16
was removed from the Consent Agenda. The City Clerk read the Consent
Agenda items, including resolutions and ordinances by title. SIMS MOVED AND
BONLENDER 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.)
5. Audience Participation
Request from Westside Merchants and Business Association for state
funding for the Downtown Yakima Futures Initiative
George Pechtel, introduced two members of the Westside Merchants
Association, Julie Schilling and Donna Maynard. They asked for Council's
support of their efforts to obtain state funding for the Downtown Yakima Futures
Initiative.
CITY MANAGER'S REPORTS
6. Status Reports requested by City Council on:
➢ Wal -Mart Hearing /Class 2 Review re: 64th Avenue /Nob Hill Blvd. EIS
➢ Congdon Land Use Appeal /Court Order pertaining to rezone of property at
72 Avenue
Bill Cook, Community and Economic Development Director, gave background
information on the Wal -Mart issue.
• Submitted application to build at 72" /Nob Hill Blvd site.
• On July 28, 2003 city issued determination of significance requiring the
highest level of environmental review including looking at alternative sites,
• In September of '05 the final EIS was issued.
• Final EIS was accepted and it included a review of the alternative sites.
• In October 2005, Wal -Mart made the decision to move from 72 Avenue /Nob
Hill Blvd. to the southwest corner of Nob Hill Blvd. and 64 Avenue. Initially a
rezone was requested but as a result of the Land Use Petition Act (LUPA)
hearing and the decision made by Judge Cooper, they withdrew their rezone.
Now pending is a request application for a Class 2 review.
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The property is zoned Central Business District Support by virtue of a rezone
approved in 2002. The 2002 action was appealed under the Land Use Petition
Act (LUPA) but was ruled valid by Judge Cooper in October 2005 and, more
recently, last week. The applicant has applied for a Class 2 review and Critical
Area Substantial Development permit because of its proximity to Wide Hollow
Creek. This review is the last open record public comment period opportunity for
this project. Class 2 is an administrative review carried out by the building
official. In reviewing the application, the building official takes into consideration
the record, the comments received over the life of the project's consideration and
has several choices of how to proceed. The administrative official may refer the
project to the hearing examiner for review, public hearing, and decision. In this
case, the administrative official has made that determination, has submitted this
to our hearing examiner and a hearing is scheduled for two nights in a row at the
Harman Center. He will hear public comment and render a decision within ten
working days. Once it is published there is a 14 -day appeal period. The Hearing
Examiner's decision, although final, can be appealed to the City Council. They
would then hold a closed record public hearing. If there were an appeal of that
decision, it would go to Superior Court.
City Attorney Paolelia advised that Superior Court Judge Michael Cooper issued
his final rulings and decisions in the Land Use Petition Act Case last Friday. He
ruled that the City of Yakima had complied with all procedures and processes
leading up to the rezone decision. He ruled that the city did not make errors
confirming the Hearing Examiner's recommendation on the Congdon rezone and
also ruled that the development agreement was valid and enforceable.
*7. Consideration of Resolution authorizing execution of an agreement with
the Yakima Basin Storage Alliance to promote the Black Rock Reservoir
Project
RESOLUTION NO. R- 2005 -192, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an "Agreement between the City of Yakima and
Yakima Basin Storage Alliance" concerning services to advance the Black Rock
Reservoir Project.
*8. Consideration of Resolution authorizing execution of a Memorandum of
Agreement with Tri- County Water Resource Agency to extend the fourth
amended intergovernmental agreement for development and
implementation of a watershed plan
RESOLUTION NO. R- 2005 -193, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute a Memorandum of Agreement extending the
Interlocal Agreement for the Tri- County Water Resource Agency through
December 31, 2006.
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*9. Consideration of Resolution amending the professional services
agreement with Black and Veatch Corporation for implementation of Phase
One of the Wastewater Treatment Plant improvements as programmed in
the 2004 Wastewater Facility Plan and budgeted funds
RESOLUTION NO. R- 2005 -194, A RESOLUTION authorizing an amendment to
the professional services agreement with Black and Veatch Corporation for
implementation of the Phase One WWTP Improvements as programmed in the
2004 City of Yakima Wastewater Facility Plan and budgeted funds.
*10. Consideration of Resolution authorizing execution of the Cities Insurance
Association of Washington Associate Member Agreement and Interlocal
Agreement to become an associate member of the Cities Insurance
Association of Washington
RESOLUTION NO. R- 2005 -195, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute the Cities Insurance Association of
Washington ( "CIAW ") Associate Member Agreement and the Interlocal
Agreement of the CIAW and any other documents that may be necessary or
appropriate to allow the City to become an associate member of the Cities
Insurance Association of Washington,
*11. Consideration of Resolution authorizing execution of professional services
contract with Zaremba Claims Service for review of damage claims filed
against the City
RESOLUTION NO. R- 2005 -196, A RESOLUTION authorizing and directing the
City Manger of the City of Yakima to enter into an Agreement with Zaremba
Claims Service — Yakima for the purpose of reviewing and investigating property
and general liability damage claims filed with and against the City of Yakima.
*12. Consideration of Resolution authorizing execution of professional services
agreement with Traho Architects for Capitol Theatre
RESOLUTION NO. R- 2005 -197, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute an architectural services
agreement with Traho Architects, P.S. in an amount not to exceed $35,380.00 to
provide architectural and project management services for improvements to the
Capitol Theatre.
*13. Consideration of Resolution authorizing execution of a professional
services agreement with the Yakima Valley Basketball Officials Association
for officiating during the 2006 basketball season
RESOLUTION NO. R- 2005 -198, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima 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.
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*14. Consideration of Resolution authorizing execution of personal services
agreements with various instructors, officials and referees for Parks and
Recreation Division programs in 2006
RESOLUTION NO. R- 2005 -199, A RESOLUTION authorizing and directing the
Parks and Recreations Division Manager of the City of Yakima to execute
Personal Services Agreements during 2006 that are substantially in accord with
the attached "Personal Services Agreement" in order to obtain specialized
services for the Parks Division.
*15. Consideration of Resolution authorizing execution of interlocal agreement
with Yakima County for provision of jail detention services in 2006
RESOLUTION NO. R- 2005 -200, 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 2006.
16. Consideration of Resolution authorizing execution of agreement with the
Yakima Humane Society for animal shelter and care services
Alan Landvoy from the Humane Society said they have been taking in stray
animals from city residents at no cost. County residents have been paying for
their strays. In order to increase their revenue they would like to charge $10 for
all dogs that are brought to the shelter. Year to date there have been over 800
dogs received from city residents at no charge. This charge would be for animals
brought "over the counter" only, not those brought in by the Animal Control
officers. PLACE MOVED AND WHITMAN SECONDED TO ADOPT A NEW
POLICY OF A $10 CHARGE FOR OVER - THE - COUNTER ANIMALS AND
AMEND THE CONTRACT TO INCLUDE THAT FEE. The motion carried by
unanimous voice vote.
The City Clerk read the amended resolution by title only; McCLURE MOVED
AND SIMS SECONDED BY TO ADOPT THE RESOLUTION. The motion
carried by unanimous voice vote.
RESOLUTION NO. R- 2005 -201, 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.
*17. Consideration of Resolution authorizing execution of amendment to the
collective bargain agreement with IAFF
RESOLUTION NO. R- 2005 -202, A RESOLUTION authorizing the City Manager
to execute a Memorandum of Understanding between the City of Yakima, the
International Association of Firefighters Local 469 (LEOFF), and the Yakima
Public Safety Managers Guild regarding work schedules, deferment of a Kelly
day, and recruitment and selection of candidates for day positions.
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*18. Consideration of Resolution adopting the 2006 Parks and Recreation fee
schedule
RESOLUTION NO. R- 2005 -203, A RESOLUTION authorizing and directing the
Parks and Recreation Division Manager to implement the 2006 Parks and
Recreation Fee Schedule for program facilities use and activities participation.
*19. Consideration of Resolutions authorizing the write off of bad debts for:
A. Utility bills
RESOLUTION NO. R- 2005 -204, A RESOLUTION authorizing the write -off of
certain uncollectable accounts receivable by the utility funds of the City of
Yakima.
B. Parking fines
RESOLUTION NO. R- 2005 -205, A RESOLUTION authorizing the write -off of
certain uncollectable parking citations and penalties for the City of Yakima.
C. Central receivables
RESOLUTION NO. R- 2005 -206, A RESOLUTION authorizing the write -off of
certain uncollectable accounts due to various funds of the City of Yakima.
*20. Approval of the final contract payment for the Intersection Signalization
Upgrade Project No. 2084 performed by Knobel's Electric, Inc. (Standard
Motion V - B -- accept contract and approve the final payment
The report from the City Engineer, dated, December 2, 2005, with respect to the
completion of the work on the Intersection Signalization Upgrades Project No.
2084, performed by Knobel's Electric was approved, the work accepted and
payment of the final estimates as therein set forth was authorized.
ORDINANCES
*21. Consideration of Ordinance adopting a budget for the City of Yakima for
2006
ORDINANCE NO. 2005 -75, AN ORDINANCE adopting a budget for the City of
Yakima, Washington, for the year 2006; and making appropriations for estimated
expenditures.
22. Consideration of Ordinance amending the Yakima Municipal Code relating
to open cruising (two options provided)
A. Permit open cruising for four days (Friday and Saturday) at the
beginning and end of summer
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B. Permit open cruising for two days (Saturday) at the beginning and end
of summer
McCLURE MOVED AND SIMS SECONDED TO PASS OPTION B FOR TWO
SATURDAYS. Various dates and potential wording to identify which weekends
were discussed. Council Member McClure spoke in support of Option B because
of overtime concerns. WHITMAN MOVED AND PLACE SECONDED TO
AMEND THE MOTION TO REVIEW THE ORDINANCE AFTER ONE YEAR.
The motion to amend carried by 6 -1 voice vote; Bonlender voting nay. The
amended motion passed by a 4 -3 roll call vote; George, Bonlender and Place
voting nay.
ORDINANCE NO. 2005 -76, AN ORDINANCE relating to traffic; reducing the
occurrence of "Open Cruising Events" on Yakima Avenue to a Saturday only
event of the two specified weekends during the year; reducing the hours of the
"Open Cruising Events "; and amending Section 9.25.020 of the City of Yakima
Municipal Code.
*23. Consideration of Ordinance amending the Yakima Municipal Code to adjust
refuse rates
ORDINANCE NO. 2005-77, 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.
*24. Consideration of Ordinance amending the Yakima Municipal Code to adjust
the vehicle allowance for the city manager
ORDINANCE NO. 2005 -78, AN ORDINANCE relating to personnel; adjusting the
Yakima city manager's personal motor vehicle allowance to account for
increased costs of motor vehicle fuel, maintenance, insurance and depreciation
costs that have increased since the personal motor vehicle allowance was
approved at its current rate in 1997; and amending Section 2.20.097 of chapter
2.20 of the City of Yakima Municipal Code.
*25. Consideration of Ordinance amending the Yakima Municipal Code to adjust
the monetary penalty schedule for parking infractions
ORDINANCE NO. 2005 -79, AN ORDINANCE relating to traffic; increasing the
penalty schedule for parking infractions and; amending Section 6.60.030 of the
City of Yakima Municipal Code.
26. Second reading of an Ordinance amending the 2005 budget and
appropriating funds in the Convention Center Capital Fund to provide for a
Convention Center Campus study and related graphic renderings
Kathy Coffey, General Manager of the Convention Center, was available for
questions. She was asked if the campus idea required the closure of 8 Street.
Ms. Coffey said it could happen either way. If in the study it appears closing 8th
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Street won't work, it won't be closed. It will be a Council decision. Council
Member Place suggested any future expansion consider a walkway over the
street. The City Clerk read the ordinance by title only; SIMS MOVED AND
WHITMAN SECONDED TO PASS THE ORDINANCE.
Bev Luby Bartz, 114 North 7th Street, supports the expansion of the Convention
Center but expressed concern over the potential of closing 8 Street. Council
Member Sims assured her that if closing the street comes before the Council, the
public will be brought into the decision. •
Alice Nevue, 212 North 8 Street, spoke against any possibility of closing 8th
Street. She also expressed concern about impacts enlarging the campus would
have on the neighborhood, and brought forward an idea of turning Yakima
Avenue into a walking boulevard.
Betty Gaudette, 701 North 6 Street, also expressed concern that closing 8th
Street may even be considered. She complained about having to read the
agendas each week to be aware of when this issue may come up.
Council Member Place suggested there be notification to interested citizens with
regard to what the Convention Center or Public Facilities District does. Kathy
Coffey, noted that the PFD is a public board and anyone that would like to
receive minutes and agendas need only supply them with their names and
addresses and they will be sent that information.
The question was called for a vote on the motion; The motion carried by
unanimous roll call vote.
ORDINANCE NO. 2005 -80, AN ORDINANCE amending the 2005 budget for the
City of Yakima; and making appropriations within the 370 - Convention Center
Capital Fund and 172 - Public Facilities District Fund for expenditure during 2005
to provide for a Convention Center Campus Study and related graphic
renderings.
*27. Consideration of Ordinance amending the Yakima Municipal Code and
creating a zoning district known as "State Fair Park — Exposition & Special
Events Center"
ORDINANCE NO. 2005 -81, AN ORDINANCE relating to the creation of a zoning
district known as "State Fair Park — Exposition & Special Events Center" and
amending the following sections of the Yakima Municipal Code to allow and
provide for the same: 15.02.020; 15.04.030, including Table 4 -1; 15.05.020;
15.12.020; 15.22.050; and creating a new section of the Yakima Municipal Code
as 15.04.135.
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*28. Consideration of Legislation relating to the consolidation of probation
services:
A. Resolution authorizing execution of contract with Yakima County for
consolidation of probation services
RESOLUTION NO. R- 2005 -207, A RESOLUTION authorizing the City Manager
of the City of Yakima and the Presiding Judge of Yakima Municipal Court to
execute a probation consolidation agreement with Yakima County and Yakima
County District Court transferring City Probation Division employees to the
County effective January 1, 2006, and requiring the County to provide probation
services to Municipal Court probationers for a period of five years thereafter.
B. Resolution authorizing execution of an interlocal agreement with
Yakima County for lease of office space
RESOLUTION NO. R- 2005 -208, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute a lease agreement between the City of Yakima
and the County of Yakima allowing the County to lease the City's Probation
Division office space rent -free effective January 1, 2006, and for a period of three
years.
C. Second reading of Ordinance amending the 2005 budget and
appropriating funds to cash out Probationary Services employees
transitioning to Yakima County employment
An Ordinance amending the 2005 budget and appropriating funds to cash out
Probationary Services employees transitioning to Yakima County employment,
previously having been read by title only, was brought before the Council for a
second reading.
ORDINANCE NO. 2005 -82, AN ORDINANCE amending the 2005 budget for the
City of Yakima; and making an appropriation of $24,000 within the 000 — General
Fund for expenditure during 2005 to provide for the Unanticipated Cash -out of
Probation Employees upon Transition to Yakima County.
*29. Consideration of Ordinance amending the Yakima Municipal Code
prohibiting smoking in any public place or place of employment as
required by Initiative 901
ORDINANCE NO. 2005 -83, AN ORDINANCE relating to public safety;
prohibiting smoking on any "public place" or "place of employment "; requiring
owners or lessees to post signs and designate boundaries; providing that
violations of this chapter shall constitute a civil infraction; and adding a new
chapter to Title 6 of the Yakima Municipal Code.
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*30. Consideration of Ordinance amending the Yakima Municipal Code to adjust
the land use development fees
ORDINANCE NO. 2005 -84, AN ORDINANCE related to the Yakima urban area
zoning; amending the Yakima land development fee schedule to correspond to
and closely correlate the Yakima County land development fee schedule;
providing additional income to the City for land development application
processing and permitting costs to help offset a portion of the costs currently
absorbed by the General Fund; and amending Section 15.26.010 of Chapter
15.26 of the City of Yakima Municipal Code.
*31. Consideration of Ordinance amending the Yakima Municipal Code setting
the compensation level for Municipal Court Judges
ORDINANCE NO. 2005-85, AN ORDINANCE relating to compensation for
Municipal Judges; setting the base salary for Municipal Judges at 95% of District
Court Judges' salaries; removing Municipal Judges from the longevity plan; and
amending sections 1.60.040(J) and 2.24.010(B) of the City of Yakima Municipal
Code.
*32. Consideration of Ordinance amending the Classification and
Compensation Plan for certain employees (AFSCME, IAFF units,
management)
ORDINANCE NO. 2005 -86, AN ORDINANCE relating to City personnel;
adopting a classification and compensation plan for City employees to be
effective January 15, 2006; amending Subsections 2.20,100 A, 2.20.100 B,
2.20.110A, 2.20.110 B, 2.20.110 F, and 2.20.110 G, all of the City of Yakima
Municipal Code.
*33. Second reading of an Ordinance amending the 2005 budget and
appropriating funds for Fire Department and Emergency Medical Services
unanticipated overtime expenses
An Ordinance amending the 2005 budget and appropriating funds for Fire
Department and Emergency Medical Services unanticipated overtime
expenses, previously having been read by title only, was brought before the
Council for a second reading.
ORDINANCE NO. 2005 -87, AN ORDINANCE amending the 2005 budget for the
City of Yakima; and making an appropriation of $100,000 within the 000 —
General Fund and $20,000 within the 150 — Emergency Management Services
Fund for expenditure during 2005 to provide for unanticipated Fire Department
overtime costs.
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*34. Second reading of an Ordinance amending the 2005 budget and
appropriating funds for grant- funded Public Safety Communications
enhancements of the police and fire communications network
An Ordinance amending the 2005 budget and appropriating funds for grant -
funded Public Safety Communications enhancements of the police and fire
communications network, previously having been read by title only, was
brought before the Council for a second reading.
ORDINANCE NO. 2005 -88, AN ORDINANCE amending the 2005 budget for the
City of Yakima; and making an appropriation of $95,001 within the 332 — Fire
Capital Fund for expenditure during 2005 to purchase public safety
communications equipment.
35. Other Business
None
36. Executive Session regarding pending litigation (allow approximately 15
minutes)
McCLURE MOVED AND SIMS SECONDED TO ADJOURN TO EXECUTIVE
SESSION FOR APPROXIMATELY 15 MINUTES TO DISCUSS PENDING
LITIGATION WITH ADJOURNMENT THEREAFTER. The motion carried by
unanimous voice vote.
37. Adjournment
Following the Executive Session, the meeting adjourned at 4:55 p.m.
READ AND CERTIFIED ACCURATE BY ice;
COU r IL M. B " DATE
' c /
COUNCIL MEMBER DATE
ATTEST:
CITY CLERK PAUL P. GEORGE, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City
Clerk's Office
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