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HomeMy WebLinkAbout10/20/2009 04A Draft Minutes 10-06-2009 Business Meeting4/A YAKIMA CITY COUNCIL BUSINESS MEETING OCTOBER 6' 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff:. City Manager Zais, City Attorney Cutter 2. Executive Session: • Pending and Prospective Litigation and Property Acquisition (one hour) Executive session was held and adjourned at 5 :59 p.m. 6:00 P.M. - BUSINESS MEETING 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster County (7:00- 7:07'p.m.): Commissioners Elliott and Leita 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 A. Proclamations • The Big Read Yakima Month Mayor Edler read a proclamation declaring October 2009 as The Big Read Yakima Month. Kim Hixson accepted the proclamation and noted that this year's book is "The Maltese Falcon" by Dashiell Hammett • Presentations /recognitionsrntroductions Task Feme - Cancelled due to illness. B. Status report on prior meeting's citizen service request 1. Response to Candie Turner regarding a weedy lot Joe Caruso, Code Enforcement Manager, reported that the area has ® been abated. 2. Response to David Poling's request to amend Ordinance 6.44 regarding emergency powers OCTOBER 6, 2009 Helen Harvey, Assistant City Attorney, gave a brief report that had been supplied to Mr. Poling in which she explained the intent of the ordinance. Following discussion, CAWLEY MOVED AND EDLER SECONDED TO DIRECT STAFF TO PREPARE' LEGISLATION REMOVING THE PROVISION IN YMC CHAPTER 6.06.030(7). The motion carried by unanimous voice vote. C. Appointments to Boards, Commissions and Council Committees None 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. Items No. 10 and 11 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED. AND ADKISON 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. Consideration of approval of Council Minutes • Business Meetings — September 1 and September 15, 2009 • Adjourned Meeting/Study Session — September 22, 2009 The minutes of.the September 1 and September 15, 2009 Business meetings and the September 22; 2009 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. *B. Consideration of approval of Council Committee Meeting Minutes • Economic Development Committee — September 2, 2009 • City /County Intergovernmental Committee — September 8 and September 22, 2009 • Public Safety Committee — September 9, 2009 • Transit Committee — September. 16, 2009 • Budget Committee — September 17, 2009 The Council Committee meeting minutes were approved, 5. Audience Participation Connie Little thanked Council and staff for the quality and thoroughness of the report on public art that was included in the packet. Brian Kautzman complained that the approach to his driveway at 7404 Tieton Drive was left with a 6"-8" curb after the improvements were made to Tieton Drive. He also warned that the curb would be mined when he plows the driveway of snow in the winter. Mayor Edler advised him that staff would review his concern and respond at a future meeting. • 2 OCTOBER 6, 2009 • 7:00 P.M. — PUBLIC HEARINGS 6. Joint City /County Public Hearing on the 2009 Comprehensive Plan Amendment request from Noel Properties, LLC and consideration of an Ordinance amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan Vaughn McBride, Associate Planner, briefed the Council on the application from Noel Properties, LLC that requested a rezone of property at 1008, 1010, and 1012 Naches Avenue from R -2 to MA. The SEPA review resulted in a final determination of non - significance with no appeal. Staff, the Hearing Examiner, and the Regional Planning Commission have reviewed the request and recommended approval. • Mayor Edler opened the public hearing. Brian Meyer, on behalf of Noel Properties, explained-that their intent is to bring the three parcels into conformity °with the use in the area. Mayor Edler closed the public hearing: The City Clerk read the ordinance by title; COFFEY MOVED AND CAWLEY SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; the County Commissioners had no comment. ORDINANCE NO. R- 2009 -43, AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan as follows: changing the classification of the property located at 1008, 1010 and 1012 South Naches Avenue (parcels no. 191330- 12430, 191330 -12431 and 191330 - 12432) from Medium Density Residential'to Industrial and zoning to M -1, Light Industrial. CITY MANAGER'S REPORTS 7. Report from Fire Department regarding the mill site fire response and incident report Fire Chief Hines gave a review of emergency response to the mill site fire on September 2&. Within 30 minutes, a major fire had developed with the potential of casualties and expansion beyond the property. The serious potential was the result of delayed notification, an extremely heavy fire load, 20 -mile per hour winds, an insufficient number of firefighters, radiant heat, damaged equipment, reduced water volume, accessibility problems and flying embers. Also, the power lines fell causing a'power outage: Incident command was instituted and a unified command was established consisting of East Valley, Union Gap and Yakima Fire Departments. Due to the rate of speed of the fire and lack of ® resources, the initial control objectives were defensive: The incident quickly escalated "to a four -alarm fire with over 200 emergency workers on scene. As a result, there were several extended periods of time when neighboring 3 OCTOBER 6, 2009 communities were void of fire protection services. Although, no structures suffered damage, there were numerous brush fires downwind. The key elements critical to the success of the incident were aggressive coordinated fire fighting, decreasing wind, and the lack of log decks downwind. The probable cause was spontaneous combustion in a wood debris pile. Joe Caruso, Fire Marshal, explained the legal aspect of calling for a stop work order. With the potential of a fire that could extend beyond the property and would present a danger to firefighters and residents downwind, a decision was made to dose the property until the management team could meet to re- evaluate the situation and set mandates to prevent another occurrence. A meeting was held with the`principals and they were advised that safety requirements would not be negotiable. They have made progress to meet the demands. Today (10/06/09) the fire watch was turned over to Dunollie Enterprises and YFD was relieved of the watch. Mr. Caruso described the history of safety demands the City has placed on the property and the ongoing efforts Dunollie Enterprises has been making since June. In response to Council questions, Chief Hines gave a rough estimate of costs to the cities involved: $50,000 for Yakima; under $10,000 for West Valley; and approximately $8,000 for Union Gap, The risk to the city and neighboring communities that were void of fire protection during this large fire was re- emphasized. Chief Hines commented that with our limited fire department resources, that is not a unique situation. Council Member Rodriguez requested the Legal Department supply an opinion on the potential of a financial recovery effort 8. Presentation of the 2010 Preliminary General Government Budget Forecast City Manager Zais opened his presentation by noting that the 2010 General Government Budget presentation entails reductions in services and personnel that have been. dictated by the economic times. It is balanced with existing resources and there are no increases in taxes proposed.. He spoke about the reduction in personnel consisting of 23 positions —18 unfilled and 5 actual layoffs. He mentioned that we have to use nearly $3 million of reserves this year. The 2010 budget will maintain the 7% minimum level for reserves that is necessary to maintain our A+ bond rating. He said we are managing within our means in the short term, but there are serious warning signs for the long term; e.g. the potential impacts of Initiative 1033 and the pressures from sales tax reductions. The criminal justice needs continue to put pressure on the budget with jail and labor costs, as well as the increases in medical expenses and rising healthcare and insurance costs. The budget was presented in both the new Priorities of Government model and the traditional format. Following his opening statements, Mr. Zais reviewed the budget charts in detail. Other cities in the 45,000 to 125,000 population range have much higher per capita payroll expenditures than Yakima. Our per capita expenditures are $704 less than the average. This reflects strong fiscal discipline: He summarized that Yakima is a full service city and no other city smaller or larger does what we do. We have the full array of services and we are stressed economically in every area because of limitations on resources and expenses that we cannot fully control. To continue to provide those services is going to be very challenging. • Short term we are managing, but long term (2011 and 2012), we must be 4 • OCTOBER 6, 2009 concerned about our sustainability. More significant changes will have to be made if there an upturn in the economy does not occur and state mandates are not modified. Future initiatives could also' negatively impact the City's economy. 9. Report from the Council Public Safety Committee regarding jail cost containment recommendations Cynthia Martinez, Assistant City Attorney, referred to a memo that had been provided to Council in which there were five different proposals. She said they are requesting authorization to start these measures immediately. -The five proposals are: • Do not charge related misdemeanors when a felony is charged • Offer fine -only dispositions for all Driving While License Suspended 3`d- degree charges • Development of a pre - charging diversion program • Expand the use of alternative confinement options • Decriminalize selected City of Yakima specific charges She said there'would be an added benefit of reducing'case load for the: prosecutors. They lost a prosecutor as a result of budget cuts and are looking for case load reduction. They are currently overwhelmed'with cases, which is not manageable for effective prosecution. Chief Granato explained that, due-to budget cuts this year, the Legislature raised the limits of felony theft from $250 to $750, which raised the case load 'of-misdemeanor prosecution. Also discussed were inmate medical costs which are significant. Council Member Rodriguez suggested including a sliding scale for electronic monitoring. ADKISON MOVED AND RODRIGUEZ SECONDED TO IMPLEMENT AND ADD THE POST TRIAL OPTION OF PROVIDING REDUCED FEES FOR ELECTRONIC HOME MONITORING: The motion carried by unanimous voice-vote. *10. Consideration of a Resolution establishing policies and procedures for the selection and placement of public art in the City of Yakima RESOLUTION NO. R -2009 -129, A RESOLUTION establishing policies and procedures for the selection and placement of public art in the City of Yakima: *11. Consideration of a Resolution authorizing execution of an inter- governmental local agreement with the Regional Stormwater Policy Group for Years 4 and 5 of its National Pollutant Discharge Elimination System (NPDES) RESOLUTION NO. R -2009 -130, A RESOLUTION authorizing the City Manager to enter into an Inter Governmental. Local Agreement with the Regional Stormwater Policy Group for Years 4 and 5 of its National Pollutant Discharge Elimination System (NPDES) Permit 5 OCTOBER 6; 2009 *12. Consideration of a Resolution authorizing an amendment to the Engineering Services Agreement with Thomas E. Coleman, P.E. Consulting Services to address regulatory mandates for NPDES requirements A RESOLUTION. R- 2009 -131, A RESOLUTION authorizing an amendment to the Engineering Services Agreement with Thomas E. Coleman, P.E. Consulting Services and City of Yakima to address regulatory mandates for NPDES requirements. *13. Consideration of a Resolution authorizing execution of an interlocal agreement with Yakima County for development of a low impact development manual and stormwater demonstration project RESOLUTION NO. R- 2009 -132, A RESOLUTION authorizing the City Manager to enter into an Interlocal Agreement with Yakima County for development of a Low Impact Development Manual and Demonstration Project and to sign other documents pertaining to the project. *14. Consideration of a Resolution authorizing execution of an engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. for1he design and preparation of bid documents for the East Viola Water Main Replacement Project RESOLUTION NO. R- 2009 -133, A RESOLUTION authorizing the -City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregste, Louman Associates, Inc. for engineering and . consulting services associated with the design and. preparation bid documents for the East Viola Watermain Replacement Project (Under 1 -82); also authorizing the execution of other documents related to.the design, contract administration and construction associated with completion of the East Viola Watermain Replacement Project. *15. Consideration of a Resolution authorizing execution of a professional services agreement with Huibregtse, Louman Associates, Inc. for the North 40"' Avenue improvements study RESOLUTION NO. R -2009 -134, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with Huibregtse, Louman Associates; Inc. to provide professional engineering services for the North 40' Avenue Improvements Study. *16. Consideration of a Resolution authorizing approval of budgeted funds for the continued implementation of regulatory construction management services with Black and Veatch for completion of current projects RESOLUTION NO. R- 2009 -135, A RESOLUTION authorizing the City Manager to approve use of budgeted funds for Work Package 13 which continues implementation of Work Packages described in the April 23, 2003 Agreement • Between City of Yakima and Black and Veatch corporation for Professional Services. R OCTOBER 6, 2009 • *17. Consideration of a Resolution authorizing execution of a professional services agreement with PLSA Engineering and surveying to provide services for the City's sanitary sewer collection system 0 RESOLUTION NO. R- 2009 -136, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement with PLSA Engineering and Surveying in an amount not to exceed $120,000.00. to provide Engineering services for decommissioning designated sanitary sewer lift stations and to provide surveying services for Collection system improvements *18. Consideration of a Resolution authorizing execution of a consulting agreement with Sargent Engineers, Inc. to evaluate the safety of the water slide at Franklin Pool RESOLUTION NO..R- 2009 -137, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and Sargent Engineers, Inc. to evaluate the condition of the water slide and its support structure at Franklin Pool. *19. Set dates of Public Hearing for October 20 and November 17, 2009 to consider the 2010 -2014 Community Development Block Grant and HOME Consolidated Plan and 2010 Annual Action Plan October 20 and November 17, 2009 were set as the dates of public hearings to consider the 2010 -2014 Community Development Block Grant and HOME Consolidated Plan and 2010 Annual Action Plan. ORDINANCES *20. Second reading of an Ordinance amending the 2009 budget and appropriating funds for Criminal Justice: • Increased jail expenses • Increased police overtime • Increased indigent defense expenses An Ordinance amending the 2009 budget and appropriating funds for criminal justice increased jail expenses, police overtime and indigent defense expenses, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. R- 2009-44, ORDINANCE amending the 2009 budget for the City of Yakima; and making appropriations in various funds for criminal justice expenditures supported by reserves and additional revenue received from grants 7 OCTOBER 6, 2009 21. Other Business Assistant Mayor Cawley requested that the Legal Department review the City of Lacey's panhandling ordinance to see if it is more aggressive than ours. 22. . Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO OCTOBER 13, 2009 FROM 8 -9:30 A.M. FOR A STUDY SESSION TO BEGIN REVIEWING THE 2010 PRELIMINARY GENERAL GOVERNMENT BUDGET REDUCTION PROPOSALS FOR SELECTED DEPARTMENTS AND COUNCIL BUDGET PRIORITIES. The motion carried by unanimous voice vote. The meeting adjourned at 8:05 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE ATTEST: COUNCIL MEMBER DATE 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 • l:1