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Home My WebLink About05/15/2007 Business Meeting 379 BUSINESS MEETING MAY 15, 2007 — 5:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Micah Cawley, Norm Johnson, Bill Lover, and Neil McClure Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore Absent: Council Members Ron Bonlender and Susan Whitman (excused) 2. Executive Session JOHNSON MOVED AND CAWLEY SECONDED TO ADJOURN TO EXECUTIVE SESSION REGARDING PENDING AND PROSPECTIVE LITIGATION AND COLLECTIVE BARGAINING. The motion carried by unanimous voice vote; Bonlender and Whitman absent. 6:00 P.M. — PUBLIC SESSION 1. Roll Call Present: • Council: Mayor Dave Edler, presiding, Council Members Micah Cawley, Norm Johnson, Bill Lover, and Neil McClure Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore Absent: Council Members Ron Bonlender and Susan Whitman (excused) 2. Invocation /Pledge of Allegiance Council Member Neil McClure gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order /Special Presentation A. Proclamations: • Bill Pearl Day — May 18, 2007 Council Member Lover read a proclamation declaring May 18, 2007 as Bill Pearl Day. Bill Pearl was awarded the international title of Mr. Universe five times and has also authored eleven books on fitness. • Salvation Army Week -- May 14 -20, 2007 Council Member McClure read a proclamation declaring May 14 -20 as Salvation Army week. Rick Fairbrook and Major Ken Dove accepted the proclamation. B. Special Presentations /Retirement Recognitions • Presentation regarding accomplishments and work AmeriCorps performs in the City of Yakima Council Member Cawley read a proclamation honoring AmeriCorps for their performance in the city. Karen Benson, the City's AmeriCorp coordinator, introduced AmeriCorps members who gave a short presentation on their activities. 380 MAY 15, 2007 • Bethel African Methodist Episcopal Church Day — May 20, 2007 Mayor Edler proclaimed May 20, 2007 as Bethel African Methodist Episcopal Church Day honoring 100 years of service. Mayor Edler recognized Kathy Coffey who was honored today as Ambassador of the Year for her services in the convention industry. C. Status report on prior meeting's citizen service request • Response from Legal Department regarding taxi cab fare increase requested by Jerry Patton Bronson Faul, City Legal Department, said it is Council's responsibility to regulate the taxi cab rates. The rates are set by ordinance under Section 5.78.100 of the Municipal Code and a new ordinance will be required to change the current rates. City Manager Zais mentioned one option could be to have the rates tied to one of many different indices. But, the taxi drivers must be aware that the indices may go down as well as up and it would happen automatically. The last rate adjustment was in 2004 and many costs have gone up since then. Mr. Zais suggested the base be adjusted by $0.40 /mile and then meet to review the potential of attaching it to an index. JOHNSON MOVED AND CAWLEY SECONDED TO HAVE LEGISLATION DRAWN UP TO INCREASE THE FARE BY $0.40 PER MILE. The motion carried by unanimous voice vote; Bonlender and Whitman absent. D. Appointments to Council Boards and Commissions LOVER MOVED AND CAWLEY SECONDED TO REAPPOINT CRAIG SHULTZ TO THE BOARD OF APPEALS. The motion carried by unanimous voice vote; Bonlender and Whitman absent. 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. 12 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Council Minutes *B. Council Committee Meeting Reports: • Council Economic Development Committee & Downtown Futures Initiatives Committee May 2, 2007 meeting minutes • Council Transit Committee April 18, 2007 meeting minutes • Council Intergovernmental Relations Committee May 8, 2007 meeting minutes • Council Neighborhood Development Services Committee May 9, 2007 meeting 5. Audience Participation No one came forward to speak. . 2 381 MAY 15, 2007 PUBLIC HEARINGS — 7:00 P.M. 6. Public Hearing to consider the Hearing Examiner's recommendation on a right -of- way vacation request by Chesterley Meadows Cottages, LLC, for property located in the vicinity of North 35th Avenue and River Road Bruce Benson, Planning Supervisor, described the request as a right -of -way vacation for a roadway into the Chesterley Meadows nursing home. Before the nursing home was built, there was a plat done whereby the roadway was dedicated. Currently there is a plan by another developer to modify the layout for apartments to surround the parcel. There will be a central, open, common area that the road would encircle. The right -of- , way vacation would permit that to go forward. There is also a Class 2 review involved because the apartments were considered a nursing facility. The Hearing Examiner held a hearing and recommended approval. Staff concurs. U Mayor Edler opened the hearing No one came forward to speak. O Mayor Edler closed the hearing JOHNSON MOVED AND McCLURE SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND DIRECT LEGAL TO PREPARE PROPER LEGISLATION. The motion carried by unanimous voice vote; Bonlender and Whitman absent. CITY MANAGER'S REPORTS 7. Consideration of a Right -of -Way Use Permit requested by Yakima Calvary Rescue Mission for a fence at 1223 S. 6th Street Bruce Benson, Planning Supervisor, described the right -of -way use permit request that involves a fence located inside the city right -of -way along Central Avenue and 6 Street. The fence along Central is nine feet into the public right -of -way and five feet into it along 6 Street. Although the sidewalk along Central is accessible with the fence, when it turns the corner the fence blocks access. The applicant has requested a right -of -way use permit but only wants to move the fence back 3% feet. Staff recommends it be moved back five feet in order to accommodate wheelchairs. Mr. Benson also noted that the fence is inside the clearview triangle for the corner at the intersection and is 48 inches high rather than the 30 inches required by ordinance. Council Member Cawley made a point about applying the rules consistently. Council Member McClure spoke in favor of redoing the fence properly. McCLURE MOVED AND JOHNSON SECONDED TO ACCEPT STAFF RECOMMENDATION TO ALLOW THE RIGHT -OF -WAY USE PERMIT AS RECOMMENDED AT FIVE FEET. The motion carried by unanimous voice vote; Bonlender and Whitman absent. • 3 382 MAY 15, 2007 *8. Consideration of Resolution authorizing execution of a deed and agreement with Crescent Health Care for installation of a subsurface irrigation line RESOLUTION NO. R- 2007 -70, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Easement Deed and Agreement with Crescent Health Care (hereinafter "Crescent ") to permit Crescent to install a subsurface irrigation line from a Yakima - Tieton Irrigation District water distribution facility located on City property for irrigation service to the Crescent property. *9. Consideration of Resolution authorizing execution of an inter -local agreement with the Washington State Department of Corrections for office space at the Police Department RESOLUTION NO. R- 2007 -71, A RESOLUTION authorizing and directing the Chief of Police of the City of Yakima to execute an interlocal agreement with the Washington State Department of Corrections for placement of a Community Corrections Officer in the Yakima Police Department. *10. Consideration of Resolution authorizing execution of an agreement with the Allied Arts Council of Yakima Valley to provide a visual and performing arts program for youth RESOLUTION NO. R- 2007 -72, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program for youth. *11. Consideration of Resolution authorizing execution of'an agreement with the Yakima Valley Umpires Association for officiating services for the 2007 softball program RESOLUTION NO. R- 2007 -73, A RESOLUTION authorizing and directing the City Manager to execute an agreement with the Yakima Valley Umpires Association to obtain softball officiating services for the City of Yakima's organized softball program. 12. Consideration of Resolutions relating to collective bargaining agreements: Council Member McClure thanked all the bargaining units for their efforts and, particularly, the safety group for their willingness to sign up for random drug testing at the request of our citizens. The City Clerk read the three resolutions by title. McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTIONS. The motion carried by unanimous roll call vote; Bonlender and Whitman absent. A. Resolution authorizing execution of agreement with IAFF - Dispatchers B. Resolution authorizing execution of agreement with IAFF — PERS RESOLUTION NO. R- 2007 -74, A RESOLUTION authorizing the City Manager to execute Collective Bargaining Agreements between the City of Yakima and the International Association of Firefighters Local 469 for wages, hours, and working conditions for (1) the dispatchers bargaining unit and (2) the PERS and 911 Calltakers . bargaining unit for 2007 -2009 4 383 MAY 15, 2007 C. Resolution authorizing execution of agreement with AFSCME RESOLUTION NO. R- 2007 -75, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement between the City of Yakima and Council 2, Washington State Council of County and City Employees, representing Local 1122 General Municipal Employees regarding wages, hours, and working conditions through 2009. *13. Consideration of Resolution authorizing execution of an agreement with AHBL for consultant services for graphic design services related to the West Yakima Avenue Phase 2 of the Downtown Futures Initiative project RESOLUTION NO. R- 2007 -76, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a supplemental agreement with AHBL, Inc., for public relations assistance, illustrations and minor construction review to proceed with design of Phase 2 of the Yakima Downtown Futures Initiative Project and to increase the amount of the contract (City Contract No. 2006 -106) by $10,960 for a total contract amount of $21,120. *14. Approval of reports from Finance Department: A. First Quarter 2007 Revenue and Expenditure Report (budget) B. First Quarter 2007 Treasury Report C. First Quarter 2007 Accounts Receivable Report The 2007 First Quarter Revenue and Expenditure (budget), Treasury, and Accounts Receivable reports were accepted and approved. *15. Approval of the 2007 First Quarter Capital Improvement Projects Report The 2007 First Quarter Capital Improvement Projects report was accepted and approved. *16. Set date of public meeting for June 5, 2007 to consider the final plat approval for Phase 2 of Apple Blossom June 5, 2007 was set as the date of public meeting to consider the final plat approval for Phase 2 of Apple Blossom. ORDINANCES *17. Consideration of Ordinance amending the Yakima Municipal Code to incorporate EPA's mandated Pretreatment Streamlining Rule ORDINANCE NO. 2007 -26,AN ORDINANCE relating to public services and utilities; revising the sewer use and pretreatment regulations; incorporating provisions required by revised federal pretreatment regulations; revising Chapter 7.65, and amending Sections 7.65.020, 7.65.050, 7.65.060, 7.65.080, 7.65.140, 7.65.184, 7.65.195, 7.65.300, 7.65.360, 7.65.370 of the City of Yakima Municipal Code; and providing for related matters. 5 384 MAY 15, 2007 18. Other Business Council Member Lover requested that the Sunnyside gang policy be included in a future study session. It was the consensus of Council to create gang legislation for Yakima. A. Consideration of designation of voting delegates for the AWC June Convention City Manager Zais advised that the AWC convention will be held June 12 -15 and the by -laws permit three voting delegates for the City. Susan Whitman has indicated she is going and would be willing to serve as a voting delegate. It was the consensus of Council that two Council members attend as the voting delegates with the City Manager being the third. There was a short discussion clarifying the forthcoming amendment on the Farmer's Market contract. Council Member Lover stated there are two items he doesn't like; for the City to pay dumpster refuse fee and to pay for the portable toilets. • 19. Adjournment McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO MAY 18, 2007 AT 10:00 A.M. FOR A SPECIAL STUDY SESSION WITH BURLINGTON NORTHERN SANTA FE RAILROAD REPRESENTATIVES REGARDING ITS FUTURE BUSINESS PLANS AND FREIGHT MOBILITY EXPANSIONS WITHIN THE REGION, THEN TO MAY 22, 2007 AT 8:00 A.M. FOR A STUDY SESSION ON THE SAFE COMMUNITY ACTION PLAN. The motion carried by unanimous voice vote; Bonlender and Whitman absent. READ AND CERTIFIED ACCURATE BY 9f ea COON r B re DATE ilq / C3—) COUNCIL MEMBER DATE ATTEST: CIT LERK DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 1 6