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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. 3 9' 5, DECEMBER 13, 2005 - SPECIAL BUSINESS MEETING 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. 2 3 9: 6 DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING 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. 3 39% DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING *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. 4 39 DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING *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. 5 399 DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING *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 6 400 DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING 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 7 4.0,1. DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING 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. 8 40 1 2:' DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING *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. 9 DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING *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. 10 4.0 4. DECEMBER 13, 2005 — SPECIAL BUSINESS MEETING *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 11