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HomeMy WebLinkAbout03/20/2007 Business Meeting • 335 BUSINESS MEETING MARCH 20, 2007 — 5:00 P.M. COUNCIL CHAMBERS — CITY HALL 1. RoII Cali Present: Council: Mayor Pro ,Tem Neil McClure presiding, Council Members Ron Bonlender, Norm Johnson, and Bill Lover Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore Absent: Micah Cawley (present after 5:10 p.m.), Dave Edler (present after 5:41 p.m.) and Susan Whitman (present after 5:34 p.m.) 2. Executive Session regarding Pending and Prospective Litigation; Collective Bargaining JOHNSON MOVED AND LOVER SECONDED TO MOVE INTO EXECUTIVE SESSION. The motion carried by unanimous voice vote; Cawley, Edler, and Whitman absent. Executive session adjourned at 5:57 p.m. 6:00 P.M. — PUBLIC SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore 2. Invocation /Pledge of Allegiance — Mayor Dave Edler Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order /Special Presentation A. Proclamations — none B. Special Presentations /Retirement Recognitions 1. Terry Wakefield, Irrigation Supervisor 2. Dave Winton, Traffic Sign Supervisor 3. Chuck Martin, Street Maintenance Crew Leader Terry Wakefield, Dave Winton, and Chuck Martin were recognized for their 35, 31 and 31 years of service, respectively. Each employee was presented with a City of Yakima watch • 336 MARCH 20, 2007 C. Status report on prior meeting's citizen service request Drainage problem on 49 Avenue and Englewood Avenue (requested by Gisela Rigby) - Brett Sheffield, Chief Engineer, reviewed the work performed by Ken Leingang Excavating, Inc. to alleviate a drainage problem on 49 Avenue and Englewood. The area will be monitored for the next several weeks to see how it works when it rains before applying asphalt. He reported that Mrs. Rigby appears to be satisfied with the fix. D. Appointments to Council Boards and Commissions McCLURE MOVED AND JOHNSON SECONDED TO APPOINT JOHN GEHLSEN TO THE YAKIMA URBAN AREA PLANNING COMMISSION. The motion carried by unanimous voice vote. 4. Consent agenda Mayor Edler referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 14 was removed from the consent agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. JOHNSON MOVED AND WHITMAN SECONDED TO ADOPT THE CONSENT AGENDA AS AMENDED. 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. Council Minutes -- None *B. Council Committee Meeting Reports: 1. Council Economic Development Committee - 3/7/07 2. Council Neighborhood Development Committee - 3/5/07 The Council Committee Reports were approved. 5. Audience Participation Leni Skarin extended an invitation to the April 17 League of Women Voters Kara Kondo Second Memorial luncheon. Sally Peterson, resident manager of the Grand Hotel located on Yakima Avenue, requested Council consider amending the Municipal Code to allow their residents to park on the street. Once the Capitol Theatre expansion is started, their residents will lose the eighteen parking spaces they have on the Theatre's property. Mayor Edler responded that staff will review the request and have a response available at the next Council meeting. Mike Hunnel distributed a report he entitled "City Staff's Lies." He is here to attempt to combat discrimination towards disabled people. He stated his report outlines four lies that were told by City staff. He accused staff of lying and making him look bad. He stated that the City has to abide by the state, national, and international code for handicap accessibility. 2 337 MARCH 20, 2007 Thomas McCormick commended the City employees that were honored tonight for their thirty -plus years of service. He suggested that the memorial statue sponsored by Council Member Whitman represent the Memorial Day parade. Ed Patton, 1304 S. 16 Avenue, provided Council with a resolution from the Yakima Valley Peace Advocate Network. He would like Council to adopt this resolution supporting HR 808 that would create a Cabinet level Department of Peace. He named other cities across the country that have passed similar resolutions. The Department of Peace offers available proven methods to reduce violence in all forms, and would be funded by the diversion of funds spent on war. He requested Council hold a hearing on this matter. Kurt Hartsfield, 60 Larson Rd. in the Gleed - Suntides area, asked when the skatepark and ballfields at Kiwanis Park would be completed. Mayor Edler responded that staff would have a report available at the next meeting. Lynne Kittelson, 305 N. 9 St., commended Codes Department staff, particularly Royale Schneider, for her enforcement efforts to clean up a house in the 200 block of North 9th Street. PUBLIC HEARINGS — 7:00 P.M. 6. Closed Record Public Hearing on the Preliminary Plat of Scenic Plateau, submitted by Larry and Kimberly Loveless Bruce Benson, Planning, reviewed the Scenic Plateau preliminary plat for 23 lots north of 7405 Englewood Avenue. As an aside, he noted the property is the VanderHowen annexation done last year. The Hearing Examiner recommends approval of the plat, with conditions. Staff recommends Council accept the Hearing Examiner's recommendation and direct Legal to prepare the appropriate legislation. • Mayor Edler opened the public hearing. Larry Loveless, 1011 Loveless Lane, developer for this property, was available to respond to questions. • Mayor Edler closed the public hearing. Council Member McClure asked about conflicting recommendations. The traffic engineering report recommended a through street and the Engineering Division favored a cul -de -sac. Mr. Benson claimed that the topography was problematic to connect a road to the adjoining property, which may not even happen in the future. The cul -de -sac is the standard for roads of this type. JOHNSON MOVED AND WHITMAN SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND DIRECT THE LEGAL DEPARTMENT TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote. 3 338 MARCH 20, 2007 7. Public Hearing and Consideration of Resolution to amend the Six -year Transportation Improvement Program (STIP) by adding two projects to the STIP Michael Morales, Deputy Director of Community and Economic Development, stated this is the annual review of the City's Six -year Transportation Improvement Program and there are two projects we want to add to the list. One project is to divide the Yakima Railroad Grade Separation Project into two phases, and the second is to realign 16 Avenue in the airport safety area. • Mayor Edler opened the public hearing. There were no citizens present wishing to address the issue. • Mayor Edler closed the public hearing. The City Clerk read the resolution by title and McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R -2007- 31, A RESOLUTION to amend the Six -year Transportation Improvement Program (STIP) for the period of 2007 through 2012 to include projects affecting the City's Transportation Plan. 8. Public Hearing and Consideration of Ordinance adopting a revised City Council election district boundary Doug Maples, Codes Administration and Planning Manager, explained the mandated redistricting by the State and City Charter and reviewed the five criteria for redistricting. Council was provided with three options. He pointed out that council action is necessary by today to meet the 90 -day deadline before the Primary Election date, required by State law. He read into the record a letter received from Corky Mattingly, County Auditor, and Election staff, expressing appreciation in Council preserving the integrity of the existing precinct lines, and indicating no objection to any of the three options. Council Member McClure stated that District No. 1 is getting too big, and District No. 2 actually shrinks in size and had a suggestion concerning map 3. He would like to look at a map amended to keep Precinct 142 with a population of 4,000 in District 2 and move Precinct 127 with a 2,600 population to District 3. Mr. Maples said the maps are produced to keep the 10% variation between the largest and smallest population within a district, and this would change that variation to 6.51 %. The concern of the County Auditor is to keep the precincts intact. At 7:20 p.m. Mayor Edler, needed to leave the meeting and turned the gavel over to Assistant Mayor McClure. Following discussion regarding the impact of this change on the number of registered voters in the districts, Assistant Mayor McClure opened the public meeting. There being no citizen wishing to come forward to address this issue, the Assistant Mayor closed the public meeting. LOVER MOVED AND JOHNSON SECONDED TO ACCEPT DISTRICT • 4 339 MARCH 20, 2007 MAP NO. 3. The City Clerk read the ordinance by title, which by Council consensus referenced District Map No. 3 as presented and identified in the motion. The motion failed by 3 -3 roll call vote; Bonlender, McClure, and Whitman voting nay; Edler absent. BONLENDER MOVED AND McCLURE SECONDED TO APPROVE THE ACTION WITH MAP NO. 3, MODIFIED TO HAVE PRECINCT NO. 127 PUT INTO DISTRICT NO. 3 AND PRECINCT NO. 142 PLACED INTO DISTRICT NO. 2. Council Member Lover stated he wasn't going to vote for any map that is going to be gerrymandered here tonight! The question was called for a vote on the motion. The motion carried by 4 -2 roll call vote; Johnson and Lover voting nay; Edler absent. ORDINANCE NO. 2007 -08, AN ORDINANCE relating to election of City Council Members; designating and describing City Council Election Districts by the adoption of an election district map; and amending Section 1.04.020 of the City of Yakima Municipal Code. CITY MANAGER'S REPORTS 9. Consideration of Resolution authorizing a professional services agreement with Unwin, Scheben, Korynta Huetti, Inc. (USKH, Inc.) to conduct an aquatic center feasibility study Denise Nichols, Parks and Recreation Manager, explained that this contract is for a consultant to perform an aquatics study. This firm has numerous experiences in dealing with aquatic centers. Council Member Bonlender asked that we keep the option open for them to also review including an ice arena in that facility. In response to Council Member Lover's questions about regionalizing the effort, Mrs. Nichols advised that, although the other entities support the idea of an aquatic center, no funds were promised. Those entities will be included in the meetings. The City Clerk read the resolution by title, and McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2007 -32, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Professional Services Agreement with Unwin, Scheben, Korynta Huetti, Inc. (USKH, Inc) together with additional and appropriate documents necessary to conduct an Aquatic Center Feasibility Study. *10. Consideration of Resolution authorizing execution of a professional services agreement with Huibregtse, Louman Associates, Inc. for Phase 3 of the Irrigation System Replacement / Rebuilding Project RESOLUTION NO. R- 2007 -33, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregtse, Louman Associates for engineering and consulting services associated with the design of improvements to the City of Yakima irrigation systems; also authorizing the execution of other documents related to the design, contract administration and construction associated with completion of Phase 3 of the Irrigation System rebuild /refurbishment. 5 340 MARCH 20, 2007 *11. Consideration of Resolution declaring surplus rolling stock and equipment from various divisions of the City managed by the Equipment Rental Division RESOLUTION NO. R- 2007 -34, A RESOLUTION declaring accumulated various rolling stock vehicles and construction equipment surplus to the needs of the City of Yakima, and authorizing their sale in a manner most beneficial to the City of Yakima *12. Consideration of Resolution declaring computers and associated equipment surplus RESOLUTION NO. R- 2007 -35, A RESOLUTION declaring attached list of computers and associated equipment surplus, and authorizing disposal in a manner which best benefits the City, to include recycling, sending to State of Washington Surplus or donating or transferring computers with value to other government entities or qualified non - profit corporations; *13. Consideration of Resolution adopting the 2007 Comprehensive Emergency Management Program as the official emergency response plan for the City of Yakima RESOLUTION NO. R- 2007 -36, A RESOLUTION adopting the 2007 Comprehensive Emergency Management Program as the official emergency response plan for Yakima. 14. Consideration of Resolution authorizing execution of a professional services agreement with the Washington Association of Sheriffs and Police Chiefs for services related to a review of the Yakima Police Department operations Council Member Whitman wanted to acknowledge this agreement as a pro- active effort in the Police Department. Police Captain Rod Light stated that Washington State Patrol will do a strategic review of the Police Department. Although we are maximizing our abilities now within our resources, we would like them to review our operations, and give some long -term projections of improvements with regard to deployment of our staff and future resources. This could possibly turn us to a new direction, perhaps towards the COMSTAT model. A discussion ensued regarding the funding source for the agreement; Council Member Johnson objected to the use of the savings from the Library Fund. Council Member Lover pointed out that the funding source noted on the Agenda Statement is the General Fund. The City Clerk read the resolution by title, and WHITMAN MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. Council Member McClure expressed concern about the narrow scope of the agreement. He said he really had wanted to look at new policing, and not how we currently are doing. Council Member Whitman clarified that the study would be more in -depth than the sixteen general categories listed in the agreement. The question was called for a vote on the motion. The motion carried by 6 -1 roll call vote; McClure voting nay. RESOLUTION NO. R- 2007 -37, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with the Washington Association of Sheriffs and Police Chiefs (WASPC) to provide professional assistance to the City of Yakima Police Department for a review of the Yakima Police Department operations under the WASPC Loaned Executive Management Assistant Program. 6 341 MARCH 20, 2007 *15. Consideration of Resolution removing the City Clerk as the public records officer for the City of Yakima and appointing the Public Records Officer to serve in such capacity RESOLUTION NO. R- 2007 -38, A RESOLUTION removing the City Clerk as the public records officer for the City of Yakima and appointing the Public Records Officer to serve in such capacity. ORDINANCES 16. Consideration of an Ordinance providing for the issuance of limited tax general obligation bonds of the City in the principal sum not to exceed $9.5 million for the purposes of providing funds for certain new capital projects and advance refunding certain outstanding bonds and providing the form and term of the bonds City Manager Zais advised that the bonds would provide funds for the Downtown Futures Initiative, River Road improvements, Fire Station No. 92 and, in addition, will refinance past bonds saving the citizens money. Tim Jensen, Treasury Services Officer, stated the projects have been previously approved by Council. He itemized the projects and payment source for the bonds. City Manager Zais reminded Council that these projects will be funded without new taxes. Mr. Jensen spoke about a bond sale date in April to take advantage of the current market rates. The City Clerk read the ordinance by title, and CAWLEY MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Edler absent. ORDINANCE NO. 2007 -09, AN ORDINANCE of the City of Yakima, Washington, providing for the issuance of limited tax general obligation and refunding bonds of the City in the principal sum of not to exceed $9,500,000 to remodel a fire station, finance the downtown renovation project and the River Road project and to refund certain outstanding bonds of the City and providing the form and terms of the bonds. 17. Consideration of an Ordinance adding a new subsection to the Yakima Municipal Code (YMC) establishing pedestrian right -of -way in City parks and imposing civil infraction and assessing monetary penalties for violation Denise Nichols, Parks and Recreation Manager, explained that this issue started out due to a concern regarding a safety conflict between pedestrians and cyclists on some of the City's pathways. Input from the Parks and Recreation Commission, the Public Safety Committee and the Pedestrian /Bicycle Committee was solicited. The Legal Department has written a pedestrian right -of -way ordinance. The Police Department would have to enforce the ordinance. Assistant Mayor McClure expressed concern that the parks are for everybody and, as a cyclist, although he believes the pedestrian has the right -of -way, he doesn't believe they have the right to walk four abreast on a pathway and be able to tell a cyclist they can't go around. Lacy Heinz, Assistant City Attorney, commented that this is a preliminary ordinance to give guidance to pedestrians and cyclists sharing pathways and if it is not enough, other provisions could be drafted to address that situation at another time. This was drafted to address the current issue. Different jurisdictions have different trail codes of conduct. The Public Safety Committee wanted to start small in regulating the pathways. Council Member Johnson expressed concern about the burden this would place 342 MARCH 20, 2007 on the police. Ms. Heinz referenced an incident that occurred in which the police were called and did not have any legislation to address the situation since it had not involved an assault. Assistant Mayor McClure explained that the language is too limiting. The City Clerk read the title by ordinance, and CAWLEY MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. The motion carried by 5 -1 roll call vote; McClure voting nay, Edler absent. ORDINANCE NO. 2007-10, AN ORDINANCE relating to park rules and regulations; and adding subsection 13.16.015 to the City of Yakima Municipal Code, establishing pedestrian right -of -way in parks 18. Consideration of an Ordinance relating to public safety and morals; relating to impounding and redeeming pit bull dogs; updating the Pit Bull Dogs ordinance, Chapter 6.18, to be compatible with the Animal Control ordinance, Chapter 6.20; amending Section 6.18.025; amending Section 6.20.300; amending Section 6.20.305; and amending Section 6.20.320 Doug Maples, Code Administration and Planning Manager, explained that the change in the ordinance would bring the pit bull ordinance and the animal control ordinance into sync with regard to the time frame for impounded animals. Bronson Faul, Assistant City Attorney, explained that the pit bull ordinance references sections in the animal control ordinance that were in effect before the regionalized ordinance was adopted. The major changes are with regard to impounding and redeeming animals, eliminating the 72 -hour hold for a pit bull that was in the pit bull ordinance but is not in the animal control ordinance. Staff responded to Council's questions regarding the cost to redeem an impounded dog, the identification of pit bull dogs, the process followed when a pit bull is picked up, and other jurisdictions in our valley that do not ban pit bulls. Mr. Faul stated the ordinance also makes it a crime if a citizen refuses to hand over an animal that the animal control officer is attempting to impound. The City Clerk read the ordinance by title, and BONLENDER MOVED AND WHITMAN SECONDED TO PASS THE ORDINANCE. LOVER MOVED TO AMEND THE ORDINANCE TO CHANGE IT TO 24- HOURS. The motion failed due to lack of a second. The question was called for a vote on the original motion. The motion carried by unanimous roll call vote; Edler absent. ORDINANCE NO. 2007 -11, AN ORDINANCE relating to public safety and morals; relating to impounding and redeeming pit bull dogs; updating the Pit Bull Dogs ordinance, Chapter 6.18, to be compatible with the Animal Control ordinance, Chapter 6.20; amending Section 6.18.025; amending Section 6.18.026; amending Section 6.20.300; amending Section 6.20.305; and amending Section 6.20.320. *19. Consideration of Legislation amending the Classification and Compensation Plan for certain City employees and legislation amending subsection A of Section 2.20.100 and subsection of A and F Section 2.20.110, all of the City of Yakima Municipal Code ORDINANCE NO. 2007 -12, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective April 22, 2007; amending Subsections 2.20.100A, 2.20.110A , and 2.20.110F, all of the City of Yakima Municipal Code 8 343 MARCH 20, 2007 *20. Consideration of an Ordinance amending the 2007 budget and making an appropriation in the 332 -Fire Capital Fund (First Reading) An Ordinance amending the 2007 budget and appropriating funds to provide for the replacement of a Fire Department command vehicle was read by title only, and laid on the table until April 3, 2007 for a second reading. *21. Second Reading of an Ordinance Amending the 2007 Budget for 2006 Year -End Encumbrances An Ordinance amending the 2007 budget and appropriating funds for 2006 year -end encumbrances, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2007 -13, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making appropriations for 2006 Year -End Encumbrances from Unappropriated Fund Balances within various Funds for expenditure during 2007. *22. Second Reading of an Ordinance amending the 2007 budget in the Fire Capital Fund to purchase donation- funded "Public Access Defibrillators" An Ordinance amending the 2007 budget and appropriating funds for the purchase of private donation - funded public access defibrillators, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2007-14, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making appropriations of $10,000 within the 332 - Fire Capital Fund for expenditure during 2007 to purchase private donation - funded "Public Access Defibrillators." At 8:13 p.m., Council took a five - minute break to change the video tape. The meeting resumed at 8:18 p.m. 23. Other Business • Public Meeting to review 2006 annual performance report for CDBG and HOME activities Bill Cobabe, Neighborhood Development Services Manager, presented the 2006 annual performance report for CDBG and HOME activities. Mr. Cobabe stated that no Council action is required. He read a letter from a citizen thanking the City for her home repair under the City's grant program. Council Member Lover had questions regarding a 12 -house project funding request under CHODO and requested that his questions be addressed by the ONDS Committee. 9 344 MARCH 20, 2007 Council Member Bonlender requested that Council consider placing Mr. Patton's request to discuss the Department of Peace on next week's agenda. Council members discussed the process for placing an item on the agenda, either by vote or professional courtesy, and the appropriateness of this subject being considered at a council meeting. BONLENDER MOVED AND McCLURE SECONDED TO PLACE THIS ITEM ON THE AGENDA. Following additional Council member comments, the question was called for a vote on the motion. The motion failed by 5 -1 roll call vote; Edler absent. Council Member Cawley requested that our committee for reviewing boards and commission look at making all our boards and committees meeting times uniform. City Manager Zais commented that staff is not prepared to discuss the parking enforcement issue next week because more evaluation is needed. 24. Adjournment to - !! _ o:e! . - -- - _ _ _ _ _ _ - _ _ Session on parking cnforcement contracting out Study Session canceled. Adjourned to Business meeting on 4/3/07. WHITMAN MOVED AND JOHNSON SECONDED TO AJDOURN THE MEETING. The motion carried by unanimous voice vote. READ AND CERTIFIED ACCURATE BY iliO7 OUNCIL MEMBER DATE .'" ► . BER DATE ATTEST: pnzR A CIT ERK / �� DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 10 •