HomeMy WebLinkAbout12/11/2007 Business Meeting 94
BUSINESS MEETING
DECEMBER 11, 2007 — 2:00 P.M.
COUNCIL CHAMBERS - CITY HALL
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
Council Member Micah Cawley gave the invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations
• Homeless Persons' Memorial Day
Mayor Edler read a proclamation declaring December 21, 2007 as National Homeless
Persons Memorial Day. Rhonda Hauff, Chair Elect of the Homeless Network, accepted
the proclamation and said a few words about the homeless community in Yakima. Pat
Brown distributed 2008_calendars on behalf of the homeless in our community.
B. Special Presentations / Recognitions
• Council Members Whitman and Bonlender
Council Members Whitman and Bonlender were recognized for their service on the City
Council for the last four years. Mayor Edler read proclamations and they received
plaques, distinguished service awards, and helmets from the Fire Department.
• Introduction of Deputy Human Resources Manager Colleen Williams
Human Resource Manager Sheryl Smith introduced Colleen Williams as the new Deputy
Human Resource Manager. Ms. Williams previously was the Washington State
Department of Corrections Human Resource Consultant for Eastern Washington.
C. Status report on prior meeting's citizen service request
• Mike Hunnel — Handicap parking access
Bill Cook, Community and Economic Development Director, reported that Mr. Hunnel's
complaint about the delay in obtaining information was due to the additional effort and
time required by staff to respond to his request. He has now received the responses.
• Tony Courcy - Flagging of crosswalk at 16` Avenue and Hathaway and
correspondence to DSHS Secretary
Shelley Willson, Street and Traffic Operations Manager, addressed the "Adopt a
Crosswalk Program." She said 16 Avenue does not qualify for the program because it
exceeds all of the federal highway criteria related to the program. She said her staff
would be meeting with DSHS this week to discuss the problem and to look at possible
solutions.
D. Appointments to Council Boards and Commissions
None
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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. 19 was added and Item No. 27 was removed from the Consent Agenda. The
City Clerk read the Consent Agenda items, including resolutions and ordinances by title.
BONLENDER 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:
• Public Safety Committee — October 3 and November 7
• Downtown Yakima Futures Oversight Committee — November 28
• Economic Development Committee — December 5
5. Audience Participation
Sean Hawkins, Committee for Downtown Yakima, invited the Council and the public to
the Downtown Rocking New Year's Eve celebration that includes a fireworks show at
midnight. There will be free public bus service, music and food vendors. He distributed
knit hats to each of the Council members.
Hazel Leland spoke regarding the need for lighting in the Yakima Valley Museum
parking lot. She suggested a floodlight be put on top of the museum and could be used
only when there is a function. Council Member Cawley suggested this issue be added to
the study in process for the Franklin and Gilbert parking lots.
Robert Owen, 614 N. 3rd street, thanked Council Members Bonlender and Whitman for
their service on the Council and spoke about the Ensey blog issue.
Tony Courcy asked again about the use of the signal lights and poles that would be
replaced after the new mall off of 16 Avenue is built. He suggested they be installed at
16 Avenue and Hathaway to make crossing the street safer for pedestrians.
CITY MANAGER'S REPORTS
6. Consideration of Ordinance Adopting a Budget for the City of Yakima,
Washington, for 2008
City Manager Zais pointed out that this is the final ordinance encompassing all the policy
decisions made at the Budget Wrap Up session. He gave an overview of the budget noting
it is approximately $181.4 million, about 4.2% over the 2007 amended budget. He
referenced the mandates that must be provide for and that it is a lean budget maintaining
critical services and incorporating several major reductions. Council members commented
on specific policy issues and the overall budget content.
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DECEMBER 11, 2007
Robert Owen spoke against the raise in bus fares. It is his opinion that fares should be
eliminated altogether. City Manager Zais explained that there is a potential bus fare
increase, but it will be going through the federal hearing process. The City Clerk read the
ordinance by title; McCLURE MOVED AND WHITMAN SECONDED TO PASS THE
ORDINANCE. The motion carried by unanimous roll call vote.
ORDINANCE NO. 2007 -61, AN ORDINANCE adopting a budget for the City of Yakima,
Washington, for the year 2008; and making appropriations for estimated expenditures.
*7. Consideration of Reports from Finance Department:
A. Third Quarter Accounts Receivable
B. Third Quarter Treasury
C. State Auditor Report for 2006
The Third Quarter Accounts Receivable report, Third Quarter Treasury report, and State
Auditor Report for 2006 were approved.
* =.
-e' _ _ •_ • _ • _ ontract Payment for South 6 Street and Nob Hill Boulevard
and approve final payment) DELETED
*9. Consideration of a Resolutions authorizing Write off of bad debts:
A. Utilities
RESOLUTION NO. R- 2007 -175, A RESOLUTION authorizing the write -off of certain
uncollectable accounts receivable by the Utility funds of the City of Yakima.
B. Central Receivables
RESOLUTION NO. R- 2007 -176, A RESOLUTION authorizing the write -off of certain
uncollectible accounts due to various funds of the City of Yakima.
C. Parking
RESOLUTION NO. R- 2007 -177, A RESOLUTION authorizing the write -off of certain
uncollectable parking citations and penalties for the City of Yakima.
*10. Consideration of a Resolution authorizing sale of City owned transit property at
32 " and Nob Hill Boulevard
RESOLUTION NO. R- 2007 -178, A RESOLUTION authorizing and directing the City
Manager to execute a Real Estate Sale Agreement and Deed conveying real property
located at Nob Hill and 32 Avenue to Almon Prudential Commercial Real Estate.
*11. Consideration of a Resolution approving the preliminary plat of Sierra Vista (SBJ
Joint Venture, Developer)
RESOLUTION NO. R- 2007 -179, A RESOLUTION approving a preliminary long plat,
subject to certain conditions, for a thirty (30) lot subdivision to be located on property at
approximately 93 and Chestnut Avenues, Yakima, Washington.
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DECEMBER 11, 2007
*12. Consideration of Resolution authorizing the execution of a professional services
contract with Zaremba Claims Service to review and investigate property and
liability damage claims against or by the City of Yakima
RESOLUTION NO. R- 2007 -180, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to enter into an Agreement with Zaremba Claims
Service - Yakima for the purpose of reviewing and investigating property and liability
damage claims filed against or by the City of Yakima.
*13. Consideration of Resolution authorizing execution of agreement with the Yakima
Basin Water Resource Agency for use of office space at Public Works
RESOLUTION NO. R- 2007 -181, A RESOLUTION authorizing the City Manager to
execute an Office Use Agreement with Yakima Basin Water Resources Agency for use
of office space.
*14. Consideration of Resolution authorizing execution of an agreement with Yakima
Basin Storage Alliance for services to advance the Black Rock Reservoir project
RESOLUTION NO. R5- 2007 -182, 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.
*15. Consideration of Resolution authorizing execution of an interlocal agreement with
Union Gap for transit service
RESOLUTION NO. R- 2007 -183, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an interlocal agreement with the City of Union
Gap for the provision of Yakima Transit bus services within the borders of the City of
Union Gap.
*16. Consideration of a Resolution authorizing an amendment to Section 108 Loan
agreement with Trailwagons
RESOLUTION NO. R- 2007 -184, A RESOLUTION authorizing the City Manager to
execute amendments to agreements related to the Section 108 loan issued to Trail
Wagons, Inc. and personally guaranteed by Gary and Mary Lukehart.
*17. Consideration of a Resolution authorizing an amendment of the Look Out Point
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communications site sublease agreement with New Cingular Wireless PCS, LLC
RESOLUTION NO. R- 2007 -185, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute an amendment to the Look Out
Point Communications Site Sublease Agreement with New Cingular Wireless, PCS,
LLC.
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DECEMBER 11, 2007
*18. Consideration of a Right -of -Way use permit for awnings and stone veneers at 201
East Yakima Avenue
The right -of -way use permit was approved.
ORDINANCES
*19. Consideration of Ordinance banning the sale or distribution of novelty lighters
within the City of Yakima
WHITMAN MOVED AND JOHNSON SECONDED TO PASS THE ORDINANCE. The
motion carried by unanimous roll call vote.
ORDINANCE NO. 2007 -62, AN ORDINANCE relating to health and safety; adding
Chapter 10.12 to the Yakima Municipal Code to prohibit the retail sale or distribution of
novelty lighters
20. Consideration of Legislation amending rates and fees for the 2008 Budget:
A. Consideration of Ordinance Amending the Yakima Municipal Code relating to
2007 Refuse Rates
City Manager Zais explained that this ordinance incorporates the 5% basic rate structure
that was selected', plus a 1.5% increase for leaf pick up. Council Member Bonlender said
he hoped the dial -a- dumpster program could be considered again later. Robert Owen
spoke against the refuse rate increases. The City Clerk read the resolution by title;
McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE.
The motion carried by a 6 -1 roll call vote; Whitman voting nay.
ORDINANCE NO. 2007 -63, 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.
B. Consideration of an Ordinance adjusting Tahoma Cemetery rates and fees
The City Clerk read the ordinance by title; McCLURE MOVED AND BONLENDER
SECONDED TO PASS THE ORDINANCE. The motion carried by a 5 -2 vote, Cawley
and Lover voting nay.
ORDINANCE NO. 2007 -64, AN ORDINANCE relating to rules and regulations for
Tahoma Cemetery; increasing and amending fees; amending the requirements for burial
liners; and amending section 7.04.090 of the City of Yakima Municipal Code.
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DECEMBER 11, 2007
C. Consideration of a Resolution adopting the 2008 Parks and Recreation Fee
Schedule
The City Clerk read the ordinance by title; McCLURE MOVED AND BONLENDER
SECONDED TO PASS THE ORDINANCE. The motion carried by a 4 -3 roll call vote;
Cawley, Lover and Whitman voting nay.
RESOLUTION NO. R- 2007 -186, A RESOLUTION authorizing and directing the Parks
and Recreation Division Manager to implement the 2008 Parks and Recreation Fee
Schedule for program facilities use and activities participation.
*21. Consideration of Ordinance amending rates and fees for the 2008 Budget for
Wastewater Division:
A. 2007 Cost of Service and Rate Study
RESOLUTION NO. R- 2007 -187, A RESOLUTION adopting the 2007 Wastewater Cost
of Service and Rate Study for the City of Yakima, Washington.
ORDINANCE NO. 2007 -65, AN ORDINANCE relating to wastewater rates, fees, and
charges; adjusting various wastewater rates, fees, and charges; amending Sections
7.60.020, 7.60.025, 7.60.035, and 7.60.105 of the Yakima Municipal Code; and
providing for related matters.
B. 2007 Wastewater Connection Charge Study
RESOLUTION NO. R- 2007 -188, A RESOLUTION adopting the 2007 Wastewater
Connection Charge Study as revised, for the City of Yakima, Washington
ORDINANCE NO. 2007 -66, AN ORDINANCE relating to wastewater rates, fees, and
charges; adjusting various wastewater rates, fees, and charges; amending Sections
7.58.020, 7.58.030, 7.60.035, and 7.58.040 7.58.050, 7.58.060 and 7.58.070 of the
Yakima Municipal Code; and providing for related matters.
*22. Consideration of Ordinance establishing rates, charges, terms and conditions for
domestic water system service
ORDINANCE NO. 2007 -67, AN ORDINANCE establishing rates, charges, terms and
conditions for domestic water system service; amending sections 7.68.043, 7.68.250
and 7.68.282 of chapter 7.68 of the City of Yakima Municipal Code; and providing for an
effective date.
*23. Consideration of an Ordinance repealing the Yakima Downtown Association and
repealing Chapter 1.37 of the City of Yakima Municipal Code in its entirety
ORDINANCE NO. 2007 -68, AN ORDINANCE relating to City Administration; repealing
the Yakima Downtown Association at the request of the present members of the
Association; and repealing Chapter 1.37 of the City of Yakima Municipal Code in its
entirety.
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DECEMBER 11, 2007
*24. Consideration of Legislation regarding Yakima Hospitality, LLC in the vicinity of
East Yakima Avenue and South 8th Street:
A. Resolution authorizing execution of a Revocable License Agreement relating
to a portion of alley right -of -way between 8 and 9th Streets and
Avenue and Chestnut Street
RESOLUTION NO. R- 2007 -189, A RESOLUTION authorizing and directing the City
Manager to execute a Revocable License Agreement with Yakima Hospitality, LLC in
Washington, d /b /a Holiday Inn relating to a portion of alley right -of -way between 8 and
9 Streets, connecting Chestnut Street to Yakima Avenue.
B. Ordinance vacating a certain portion of street right -of -way identified as a
platted alley running north and south along several Tots running parallel with
8 and 9 Street between Chestnut Street and Yakima Avenue
ORDINANCE NO. 2007 -69, AN ORDINANCE relating to land use; vacating a certain
portion of street right —of -way identified as a platted alley running north and south along
several lots located parallel with 8 and 9 street, in between Chestnut St. and Yakima
Ave.; and approving, with conditions, the general recommendation of the Hearing
Examiner for the City of Yakima regarding the same; Yakima Hospitality, LLC, being
identified as the applicant herein.
*25. Consideration of an Ordinance vacating a certain portion of street right -of -way
identified as a portion of alley that runs north and south located between 3rd and
4 Streets behind the Capitol Theatre Building
ORDINANCE NO. 2007 -70, AN ORDINANCE relating to land use; vacating a certain
portion of street right -of -way identified as a platted alley running north and south along
several lots located between 3 and 4 streets, behind the Capitol Theatre Building; and
approving, with conditions, the recommendation of the Hearing Examiner for the City of
Yakima regarding the same; the Capitol Theatre Committee being identified as the
applicant herein.
*26. Consideration of Legislation regarding settlement with AFSCME Transit and
implementation of 2008 Budget staffing policy issues
A. Resolution authorizing the execution of the 2007 -2009 Collective
Bargaining Agreement with AFSCME Municipal Local 469
RESOLUTION NO. R- 2007 -190, A RESOLUTION authorizing and directing the City
Manager to execute a collective bargaining agreement for 2007 through 2009 with
the American Federation of State, County & Municipal Employees (AFSCME) AFL -
CIO representing Local 1122 Uniformed Transit Employees.
B. Ordinance amending the Classification and Compensation Plan for certain
City employees
ORDINANCE NO. 2007 -71, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective January 1,
2008; amending Subsections 2.20.100A, 2.20.100B, 2.20.110A, 2.20.110B,
2.20.110C and 2.20.110D all of the City of Yakima Municipal Code
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DECEMBER 11, 2007
27. Consideration of Ordinance amendments to the Yakima Municipal Code relating to
banner permits in the Downtown area
Council Member Lover suggested amending the ordinance whereby the applicable PBIA
rather than the Committee for Downtown Yakima be the required supplier of a letter of
support to place a banner. The City Clerk read the ordinance by title; JOHNSON
MOVED AND WHITMAN SECONDED TO PASS THE ORDINANCE. LOVER MOVED
AND CAWLEY SECONDED TO AMEND SECTION 4 CHANGING "COMMITTEE FOR
DOWNTOWN YAKIMA" TO "APPLICABLE PBIA ". The rationale for the requirement
of a letter of support was discussed. Luz Gutierrez. 1424 S. 31 Avenue, expressed
concerns about the potential for discrimination. Council Member Bonlender spoke
against the amendment claiming the necessity of a clearing house. He noted that the
Committee for Downtown Yakima is professionally managed compared to the PBIAs
being voluntary groups. Council Member Johnson pointed out that the PBIA hasn't been
established yet. JOHNSON MOVED TO TABLE THE ITEM UNTIL THE PBIAs ARE
ESTABLISHED. The motion carried by a 4 -3 roll call vote; Bonlender, McClure and
Whitman voting nay. Council Member Whitman expressed disappointment at the tabling
of this item.
*28. Consideration of an Ordinance relating to streets and sidewalks, providing for the
City's acquisition of private roads located within the City of Yakima thereby
resulting in public ownership of the roads
ORDINANCE NO. 2007 -72, AN ORDINANCE relating to streets and sidewalks,
providing for the City's acquisition of private roads located within the City of Yakima
thereby resulting in public ownership of the roads; and enacting Chapter 8.905 entitled
"Accepting Private Roads to Public Ownership" as a new Chapter to Title 8 of the City of
Yakima Municipal Code.
*29. Second Reading of an Ordinance amending the 2007 budget and appropriating
funds for increased fuel costs to City departments
ORDINANCE NO. 2007 -73, AN ORDINANCE amending the 2007 budget for the City of
Yakima; and making appropriations within various operating funds for expenditure during
2007 to provide for increased fuel costs.
30. Other Business
A. Application for permit for Public Display of Fireworks
JOHNSON MOVED AND McCLURE SECONDED TO APPROVE THE PERMIT. Bill
Cook, Director of Community and Economic Development, explained that although
fireworks requests are now approvable at the City Manager level, this request was
brought before the Council because we own the Capital Theatre from which the
fireworks will be set. The City Clerk read the resolution by title; JOHNSON MOVED
AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote.
RESOLUTION NO. R- 2007 -191, A RESOLUTION granting a public fireworks display
permit to Eagle Fireworks on behalf of the Committee for Downtown Yakima
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DECEMBER 11, 2007 `
B. Set Date of Public Hearing for January 8, 2008 at 7:00 p.m. to consider an
appeal of the Community Review Board decision regarding property at 1108
West "J" Street requested by Forrest Emmons
CAWLEY MOVED AND WHITMAN SECONDED TO APPROVE THE SET DATE. The
motion carried by unanimous voice vote.
31. Adjournment
Council Member McClure spoke about the frustration caused by not being able to
respond to citizens comments during the audience participation portion of a meeting. He
then clarified his position on last week's issue where they asked someone to cease
speaking. One of the rules of the Council, although it is unspoken and unwritten, is the
civility rule. He said as soon as he feels something is becoming uncivil, it is his right to
enforce the civility rule. He felt that last week the discussion hit the civility rule and,
therefore, voting on it was the right thing to do. He emphasized that the action had
nothing to do with free speech nor the three - minute time limit, but had to do with civility.
Council Member Cawley asked to have the Public Safety Committee add the idea of
considering an advisory vote by the citizens on how they feel about random drug testing
to their agenda.
Council Member Lover said he believes Rick Ensey deserves some apologies.
Mayor Edler thanked Council Members Whitman and Bonlender for their service to the
community; Council Member Johnson echoed the Mayor's statements.
WHITMAN MOVED AND BONLENDER SECONDED TO ADJOURN. The motion
carried by unanimous voice vote. The meeting adjourned at 3:52 p.m.
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READ AND CERTIFIED ACCURATE BY . ./.. .v`, f ` �1 /,.
CisUNCIL MEMB R DATE
CO CIL MEMBER DATE
ATTEST: /
,� =' id off. 1 /2' - 1 .- -
CITY CLERK DAVID EDLER, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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