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.
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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
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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
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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
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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.
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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
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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
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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
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