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
•