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Home My WebLink About09/18/2007 Business Meeting 2 3 BUSINESS MEETING SEPTEMBER 18, 2007 COUNCIL CHAMBERS — CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. RoII 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. Executive Session — Pending and Prospective Litigation; Collective Bargaining McCLURE MOVED AND CAWLEY SECONDED TO MOVE INTO EXECUTIVE SESSION. The motion carried by unanimous voice vote. The Executive Session was held and adjourned at 5:53 p.m. 6:00 P.M. — PUBLIC SESSION 1. Roll Cali 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 Council Member Whitman gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations - None B. Special Presentations / Recognitions - None C. Status report on prior meeting's citizen service request - None D. Appointments to Council Boards and Commissions 1. Parks and Recreation Commission JOHNSON MOVED AND CAWLEY SECONDED TO APPOINT SAM KARR TO THE PARKS AND RECREATION COMMISSION. The motion carried by unanimous voice vote. 2. Civil Service Commission BONLENDER MOVED AND LOVER SECONDED TO RE- APPOINT GREG LIGHTY TO THE CIVIL SERVICE COMMISSION. The motion carried by unanimous voice vote. 2 4 SEPTEMBER 18, 2007 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. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. McCLURE MOVED AND CAWLEY 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 • Business Meetings — July 17, August 7, August 28 and September 4, 2007 • Adjourned Meetings — July 24, July 31 and August 28, 2007 (Executive Session) • Special Meetings — July 20 and August 21, 2007 The minutes of the Business, Adjourned and Special meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. *B. Council Committee Meeting Reports: • Council Economic Development Committee — September 5 and September 11, 2007 The reports were approved as submitted. 5. Audience Participation Dean Nadeau, 55 W. Washington Avenue, read a statement and submitted a petition signed by 1,463 concerned citizens in support of keeping Fisher Golf Course open. He offered suggestions for making the course profitable. He recommended keeping the course open for a minimum of three years, forming a no -cost study group (chaired by a parks commissioner) to find ways to increase income and lower costs, and to not raise prices until a report is received from the group. If, after that, it doesn't make a profit, then consider privatizing rather than closing it. Max Golladay, Patrick O'Halloran, and Tom Clayton, all voiced their support to maintain Fisher Park Golf Course, and offered to serve on a committee to study increasing revenue and lowering operating costs of the course. City Manager Zais explained that the rumors of closing the golf course were the result of Department Directors being asked to look at options for reducing the entire City budget. Closing Fisher Golf Course was one of many options submitted. It is open this year and, at this time, is budgeted to continue operation in 2008. But, we also think there needs to be a community discussion with representatives of the users, citizens, Council, etc. Fisher Golf Course is subsidized by a significant amount of tax dollars. The budget for 2008 maintains the same prices but at a subsidy. It will be a policy issue that will be brought before Council. Council Member Whitman was asked to bring the suggestion of a Parks Commissioner chairing a study group to the next Parks and Recreation Commission meeting. 2 2 5 SEPTEMBER 18, 2007 7: 00 P.M. -- PUBLIC HEARINGS / MEETINGS 6. Public Meeting and Consideration of Resolution authorizing the final plat of Valleybrook Phase III submitted by Zier Orchards, LLC Mayor Edler opened the public meeting. Since no one came forward to speak, he closed the public meeting. The City Clerk read the resolution; CAWLEY MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. RESOLUTION NO. R- 2007 -128, A RESOLUTION approving the final plat of Phase 3 of Valleybrook, a 58 -lot subdivision in three phases, and authorizing the Mayor to sign the final plat. CITY MANAGER'S REPORTS 7. Report from Public Works Department and Engineering Division regarding status of budget policy issues: 1. Parking study and analysis of Harman Center parking lot 2. Status of paving project design and construction for Public Works Department 3. Status of Engineering Division workload (projects) Michael Morales, Deputy Director of Community and Economic Development, gave an overview and status report of Engineering Division projects. With regard to the Harman Center parking lot, drawings of the proposal have been submitted to the Parks Manager who will forward them to the Harman Center Advisory Committee for decisions. Council members complimented the Engineering Department for their performance under a heavy workload with short staffing. 8. Consideration of a Resolution authorizing execution of a sole source contract with Graffiti Gone for the demonstration of graffiti coatings and services at three separate locations Archie Mathews, Office of Neighborhood Development Services, described the three locations selected for a pilot program testing graffiti - proof coatings. JOHNSON MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. Council Member McClure suggested a different location be selected other than the wall on 24 Avenue. He said he has taken it upon himself to keep that wall graffiti free and would like to continue doing so while this testing is being done. McCLURE MOVED AND WHITMAN SECONDED TO AMEND THE RECOMMENDATION TO REMOVE THE WALL ON 24 AVENUE FROM THE RESOLUTION AND FIND A SUITABLE REPLACEMENT LOCATION. Discussion continued describing the process, the various products, and the fifteen -year warranty. The amendment failed by a 5 -2 roll call vote; Edler, Johnson, Lover, Bonlender and Cawley voting nay. The City Clerk read the resolution; and the original motion carried by a 6 -1 roll call vote, McClure voting nay. RESOLUTION NO. R- 2007 -129, A RESOLUTION authorizing a sole source contract between the City of Yakima and Graffiti Gone for the demonstration of graffiti coatings and services at three separate locations 3 • "2 6 SEPTEMBER 18, 2007 * 9. Notice of Intent to commence annexation proceedings for Zier Road and South 80 Avenue as requested by Sullivan Rowell Properties (Adopt Standard Motions A & B to initiate annexation) September 18, 2007 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Sullivan Rowell Properties. The annexation proposed by the above party was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *10. Notice of Intent to commence annexation proceedings for 2002 South 84 Avenue as requested by P3 Holdings Washington LLC (Adopt Standard Motions A & B to initiate annexation) September 18, 2007 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being P3Holdings Washington LLC. The annexation proposed by the above party was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *11. Consideration of a Resolution ratifying the City Manager's execution of a renewal agreement between the City of Yakima and Yakima School District No. 7 —YV -TECH for Fire Fighter Cadet training RESOLUTION NO. R- 2007 -130, A RESOLUTION ratifying the City Manager's execution of a renewal agreement between the City of Yakima and Yakima School District No. 7 whereby the City agrees to provide firefighting educational services for the 2007 -2008 school year as part of the Fire Cadet Program. *12. Approval of final contract payment for General 308 Irrigation System Phase 2 / Stage 3 Improvements – Project #2059 (Adopt Standard Motion V - – accept project; and approve final payment) The report from Huibregtse, Louman Associates, Inc., dated August 7, 2007, with respect to the completion of the work on the General 308 Irrigation System Phase 2 /Stage 3 Improvements, Project No. 2059, performed by Strider Construction Co., Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *13. Approval of final contract payment for Washington Avenue median repair / removal (Adopt Standard Motion V -B – accept project; and approve final payment) The report from the City Engineer, dated September 12, 2007, with respect to the completion of the work on the Washington Avenue median repair /removal, Project No. 2124, performed by Columbia Asphalt and Gravel, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 4 :27 SEPTEMBER 18, 2007 *14. Set date of Public Hearing for October 2, 2007 at 7:00 p.m. to consider the West Powerhouse II annexation October 2, 2007 at 7:00 p.m. was set as the date of Public Hearing to consider the West Powerhouse II annexation. *15. Set date of Closed Record Public Hearing for October 2, 2007 at 7:00 p.m. to consider the long plat of Sierra Vista October 2, 2007 at 7:00 p.m. was set as the date of a Closed Record Public Hearing to consider the long plat of Sierra Vista located in the vicinity of Chestnut and S. 93 Avenue. *16. Set date of Public Meeting for October 2, 2007 at 7:00 p.m. to consider final plat approval for Phase 6 and 7 of the plat of Cottonwood Grove October 2, 2007 at 7:00 p.m. was set as the date of Public Meeting to consider the final plat approval for Phase 6 and 7 of the plat of Cottonwood Grove 17. Other Business • Set Date of Public Hearing for October 2, 2007 at 7:00 p.m. to consider a partial right -of -way vacation of the alley area behind the William O. Douglas Federal Courthouse CAWLEY MOVED AND McCLURE SECONDED TO SET THE DATE OF PUBLIC HEARING FOR OCTOBER 2, 2007 AT 7:00 P.M. The motion carried by unanimous roll call vote. The public hearing was later cancelled by staff due to additional information being required. Council Member Bonlender announced the "End of Summer Cruise" scheduled for Saturday, September 22 8 -11 p.m. NOTE: Council Member Cawley spoke about the flashing yellow light at 40 and Fruitvale and of a recent accident that had occurred. Staff was asked to bring back information and statistics on this location. • Executive Session regarding Personnel An advisory discussion was held on whether it was legal and appropriate to adjourn to an executive session to discuss the city manager. City Attorney Paolella read the state law that itemized reasons for holding an executive session. McCLURE MOVED TO GO INTO EXECUTIVE SESSION FOR APPROXIMATELY AN HOUR FOR FURTHER DISCUSSION ON THE PERFORMANCE OF THE CITY MANAGER. More discussion verified that an executive session can be held to receive and evaluate complaints against public officers or 5 28 SEPTEMBER 18, 2007 employees. McCLURE MOVED AND CAWLEY SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR FOR FURTHER DISCUSSION ON THE ' PERFORMANCE OF THE CITY MANAGER AND TO INCLUDE DISCUSSION ABOUT A COMPLAINT AGAINST A PUBLIC OFFICIAL WITH ADJOURNMENT THEREAFTER TO SEPTEMBER 25, 2007 AT 7 :30 A.M. FOR A STUDY SESSION IN THE COUNCIL CHAMBERS REGARDING THE AIRPORT SAFETY OVERLAY. The motion carried by unanimous voice vote. Executive session was held at 7:12 p.m. 18. Adjournment Following the Executive Session, the meeting adjourned at 8:00 p.m. )A,e, F READ AND CERTIFIED ACCURATE BY \ L_____, CC ME B R DATE i' i i ( g/1--1/ --- /2.... 61 -e7 C6UNCIL MEMBER DATE ATTEST: C------)/10-0--,,z__ I 9 CITY C ERK DAVID P MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 1 6