HomeMy WebLinkAbout07/21/2009 04A Draft Minutes 07-07-2009 Business MeetingV -y'A
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YAKIMA CITY COUNCIL
BUSINESS MEETING
JULY 7, 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 and City Attorney Cutter
2. Executive Session
• Collective Bargaining
• Pending Litigation
Executive session was held and adjourned at 5 :55 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, City Clerk Moore
2.. Invocation /Pledge of Allegiance
Assistant Mayor Cawley gave an invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations
B. Presentations /recognitionsfintroductions
• Introduction of Community and Economic Development Department
interns
Michael Morales introduced Gregory Harpel and Cherize Ramirez, summer
intems in the CED Department, who will be working with planning
development.
• Report from Citizens for a Safe Yakima Valley Communities
regarding status of work activities
-Bill Dolsen, Chair, and Ken Marble, Vice Chair, gave a history of the group
and described their activities, accomplishments and goals for the upcoming
year.
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C. Status report on prior meeting's citizen service requests
• Report from Parking Commission regarding parking time limitations
in front of Chestnut Manor apartments
Nick Hughes, City Parking Commission member, reviewed the results of their
recent meeting regarding parking limitations at Chestnut Manor apartments.
Several members visited the site to review the parking situation. The
Commission's conclusion is that there is ample parking in the vicinity
including a number of free parking areas. There are also six handicap
spaces within a one -block area. The Commission requested the Council to
reconfirm their original recommendation on the parking changes. If there is a
need for more handicap spaces, that should be looked into separately.
Mr. Hughes pointed out that downtown residency is a new concept. In every
other development, it is the responsibility of the developer to provide parking.
In the past, there have been no minimum parking requirements in the central
business district. That is an issue that also needs to be addressed
separately. He claimed the owner of this property was offered a parking area
adjacent to the building for lease and turned it down. Assistant City Manager
Zabell said there is potential flexibility of the hours for the disabled parking.
COFFEY MOVED AND ENSEY SECONDED TO APPROVE THE PARKING
COMM RECOMMENDATION AS ORIGINALLY PRESENTED.
The motion carried by a unanimous voice vote.
D. Appointments to Boards, Commissions and Council Committees
• Presentation by Alex Conley, Yakima Basin Fish and Wildlife
Recovery Board
Alex Conley gave a general overview of the Board's history and activities and
requested. Council to appoint a member to replace former Council Member
Neil McClure who resigned in April. A Council subcommittee will make a
recommendation at the next Council meeting.
RODRIGUEZ MOVED AND EDLER SECONDED TO HAVE THE LEGAL
DEPARTMENT DRAFT A COUNCIL CODE OF ETHICS. Copies of
Richland's Code of Ethics were distributed with the recommendation it be
used as the model. Once the draft is developed, a study session will be held
for review. The motion carried by unanimous voice vote.
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 number 20 and 22 were removed from the Consent
Agenda. The City Clerk read the Consent Agenda items, including resolutions and
ordinances by title. CAWLEY MOVED AND COFFEY 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.)-
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• *A. Consideration of approval of Council Minutes
• Business Meeting — June 2 and June 16, 2009
• Adjourned Meeting — June 9, 2009
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*B. Consideration of approval of Council Committee Meeting Minutes
• Budget Committee — June 1 and June 10, 2009
• Public Safety Committee — June 4, 2009
• Neighborhood Development Committee — June 10, 2009
• Downtown Yakima Futures Initiative Committee — June 11, 2009
• Transit and Transportation Committee — June 17, 2009
• Arts Task Force — June 22, 2009
5. Audience Participation
No one came forward to speak.
6. Closed record public hearing to consider final plat approval for Washington
Heights Phase '1
Kevin Futrell, Assistant Planner, presented information on the final plat for
Washington Heights Phase 1: It is a 24-lot subdivision consisting of
approximately 11.9 acres. The City Council approved the preliminary plat July .
15, 2008 with conditions.. Those conditions have been fulfilled.
Mayor Edler opened and closed the public hearing with no one coming forward to
speak. The City Clerk read the resolution by title; CAWLEY MOVED AND
COFFEY SECONDED TO APPROVE THE RESOLUTION. The motion carried
by unanimous roll call vote.
RESOLUTION NO. R- 2009 -92, A RESOLUTION approving the Final Plat of
Washington Heights Phase 1, a 24 -lot subdivision in the vicinity of S. 70h Avenue
and W. Washington Avenue and authorizing the Mayor to sign the final plat.
7. Closed record public hearing on an appeal of the Hearing Examiner's
decision regarding an administrative adjustment request from Howard Huit.
City Attorney Cutter reminded Council of their quasi-judicial role in this appeal.
Council Member Coffey said that Mr. Huit had contacted her approximately a
year ago and when he called more recently, she did not take the call. She felt
there was. no impairment of her ability to be fair in the issue. Mr. Huit's attorney
had no objection.
Bruce Benson, Supervising Planner, described the appeal that opposed the
administrative official's denial to change the rear yard setback. Mr. Benson gave
a brief description of the situation and the steps that had been taken to attempt
resolution.
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Phil Lamb, attorney for Mr. Huit, gave a detailed oration on behalf of his client as
to why the denial should be reversed.
Mayor Edler opened the closed record public hearing and with no one coming
forward to speak, closed the hearing.
Following Council discussion, ENSEY MOVED AND ADKISON SECONDED TO
UPHOLD THE HEARING EXAMINER'S DECISION. A motion made by Council
Member Cawley to refund the appeal fee, died for lack of a second. The motion
carried by a 4-3 roll call vote; Lover, Rodriguez, and Cawley voting no.
CITY MANAGER'S REPORTS
8. Consideration of a Resolution approving the expenditure of $15,000 to
install a donated public art piece at the intersection of Front Street and "A"
Street:
Brooke Creswell of the Yakima Giving Circle gave an overview of the art piece.
He noted it is a gift to the community and claimed it is a conservative,
symbolically universal and timeless concept that they hoped to install in October.
Bill Cook, Community and Economic Development Director, advised Council that
they had received feedback from four boards and commissions and one council
subcommittee. Three of the four endorse the piece and its location. The Historic-
Preservation Commission voted 5-2 against the location. He spoke about the
need to balance the Historic. Commission's opinion and that of the Arts
Commission.. The ordinance establishing the Historic Commission sets their
responsibilities as„identification, preservation, rehabilitation, and special property
tax valuation of historic properties. The. question is whether the piece of art is
endangering this district. The Arts Commission was given the task of advising
.Council on public art in public places throughout the city with special emphasis
on, the downtown: That group supports the piece in this location.
Nancy Kenrnotsu of the Historic Preservation Commission supplied her
interpretation of the Commission's role and why she made the motion against the
location of the piece at the last Commission meeting. The designated district is
listed on the National Historic register; it is the old North Yakima District, where
the city began. It is the opinion of the dissenting voters of the Commission that
the art piece is not appropriate to the location.
Karl Pasten, also a member of the Historic Preservation Commission and owner
of the Depot Restaurant, considers the piece too modem to be placed in the
center of the historic district. He questioned whether Burlington Northern, the
owner of the nearby property, is aware of the plan. He suggested the City use
the funding to remove -the bump in the road rather than placing the art on it. He
referenced an information survey he took of his customers using a photo of the
art piece and said he had an overwhelming majority of negative responses.
Stephanie Flynn, another Historic Preservation Commission member, came
forward to advise Council that she didn't agree that the art piece would detract
from the building, and had voted in support of the sculpture.
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Following Council discussion regarding placement of the art, they spoke about
the $15,000 funding for the placement and lighting. City Manager Zais clarified
that the funding is not from the general fund but comes from dedicated capital
dollars that are grant dollars as well as street vacation and bond dollars.
The City Clerk read the resolution by title; COFFEY MOVED AND EDLER
SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 6-1 roll
call vote; Cawley voting no.
RESOLUTION NO. R- 2009 -93, A RESOLUTION approving the use of funds
from the CBD Business and Capital Improvement Fund 321 to install a donated
public art piece at the intersection of Front Street and "A° Street.
9. Consideration of first quarter finance reports:
*A. Accounts Receivable report
B. Revenue and Expenditures report/update through May 31, 2009
City Manager Zais spoke of the economic trends. He said the trends we are
seeing are alarming for the balance of this year and 2010. He outlined the steps
he has asked to be taken to help address the issue. He said they are working
with the .Council Budget Committee on the priorities model and endeavoring to
work through those transitions in the budget process. He hopes to have a
• recommendation from the Budget Committee to the. full Council by early August.
When looking ahead, he has concluded that we are going to face a significant
shortfall and the sooner that can be examined through. the Council, the better it is
for the community. It's one thing for him to take certain budgetary restrictions
and control, but it is another matter to deal with significant service levels, the
potential of furloughs and layoffs. He did say there are no new tax proposals
planned. He then reviewed the timing of the budgeting process. Council
Member Rodriguez spoke about items for review by the Public Safety Committee
that could have a savings effect on the budget, i.e. alternative punishments and
ankle bracelets.
*C. Treasury report
The Finance reports were approved.
*10. Consideration of a Resolution authorizing execution of Supplement #6 of a
professional services contract with Berger /ABAM Engineers, Inc. for
project management and inspection services for the construction of the
Lincoln Avenue Railroad Grade Separation Project
RESOLUTION NO. R- 2009 -94, A RESOLUTION authorizing the City Manager to
execute an additional (sixth) supplemental agreement with BERGER /ABAM
Engineers, Inc. for project administration, inspection, and engineering support for
the Lincoln Avenue Grade Separation project.
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*11. Consideration of a Resolution authorizing execution of a local agency
standard consultant agreement with Cascade Project Management, PLLC,
to perform the duties of owner's representative for the construction of the
Lincoln Avenue railroad grade separation project
RESOLUTION NO. R- 2009 -95, A RESOLUTION authorizing the City Manager to
execute a Local Agency Standard Consultant Agreement with Cascade Project
Management, PLLC, to perform the duties of Owner's Representative for the
Lincoln Avenue Railroad Grade Separation Project.
*12. Consideration of a Resolution declaring certain vehicles to be surplus to
the needs of the City of Yakima and the Police Department and authorizing
sale of these vehicles by whatever means determined appropriate by the
.-City.Manager
RESOLUTION NO. R- 2009 -96, A RESOLUTION declaring a 2000 Ford R10
Pickup VIN 1 FTRZR1XXYPA63067, a 1997 Nissan Maxima VIN .
JN 1 CA21 DXVT816374, a 1998 Honda Accord VIN 1 HGC5658WA025337, a
° 1999 Ford Expedition VIN 1 FMPU 1 8L6XLC33845, and a 2000 Dodge Durango
VIN 1 B4HS28Z6YF173670 to be surplus to the needs of the City of Yakima and
the Police Department and authorizing sale of these vehicles by public auction.
*13. Consideration of a Resolution authorizing execution of a professional
services contract with Central Washington Occupational Medicine for drug
and alcohol testing and physical examination services.._
RESOLUTION NO. R- 2009 -97, A RESOLUTION authorizing the City Manager, of
the City of Yakima to execute an agreement with Central Washington
Occupational. Medicine for the provision of drug and alcohol testing, physical
examination services, substance abuse services and training, audiometric
testing, and commercial driver's license background checks through July 31,
2014.
*14. Consideration of a Resolution authorizing sole source procurement with
RTC Manufacturing Inc. for the purchase of school. zone solar safety
flashers
RESOLUTION NO. R-2009-98, A RESOLUTION authorizing the purchase of
eight solar flashing yellow beacon/lighting assemblies (School Zone Solar Safety
Flashers) from RTC Manufacturing Incorporated to be used for school zone
safety, as a sole source purchase without calling for bids
*15. Consideration of a Resolution authorizing execution of Supplement No. 1
of the professional services contract with PLSA Engineering and Surveying
for surveying services required for the 16"' Avenue and Washington
Avenue intersection improvements project
RESOLUTION NO. R- 2009 -99, A RESOLUTION authorizing the City Manager to
execute a supplemental agreement with PLSA Engineering and Surveying for
surveying services to clearly mark and stake the existing and proposed right of
way boundaries for the le Avenue and Washington Avenue Intersection
Improvement Project.
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*16. Consideration of a Resolution authorizing execution of an operating
agreement with the Capitol Theatre Committee
RESOLUTION NO. R- 2009 -100, A RESOLUTION authorizing and directing the
City Manager to execute an Operating Agreement with the Capitol Theatre
Committee to provide for regular operations at the Theatre and setting the terms
and conditions under which the Theatre will be managed.
*17. Set Date of Public Meeting for July 21, 2009 to consider an application for a
law enforcement grant from the U.S. Department of Justice, Bureau of
Justice Assistance, under the Edward Byrne Memorial Justice Assistance
Grant program and authorizing corresponding interlocal agreement with
Yakima County
A Public Meeting was set for July 21, 2009.
*18. Set Date of Public 'Heairing for July 21, 2009 to consider.
A. Adoption of the Six -Year Transportation Improvement Program for 2010
to 2015 and to amend the Metropolitan Transportation Plan
B. Amend the Yakima Urban Area Comprehensive Plan capital facilities
element
• RESOLUTION NO. R- 2009 -101, A RESOLUTION setting the time and place for
a hearing on July 21, 2009 in the City of Yakima Council Chambers to review and
adopt the Six -year Transportation Improvement Program for the period of 2010 to
2015.
.ORDINANCES
*19. Consideration of an Ordinance adopting standards for the delivery of
public defense services to qualify for grant funds
ORDINANCE NO. 2009 -30, AN ORDINANCE adopting standards for the
delivery of public defense services.
20. Consideration of an Ordinance relating to public , adding a new
chapter 6.27 to the Yakima Municipal Code entitled "Shopping Cart
Regulations"
Chris Waarvick, Public Works Director, advised that the ordinance was modeled
after ordinances from other areas in the state. It has a process that requires
carts have identification, and to send a notice to the owners of the cart giving
them a limited number of days to pick them up., There is a $25 fine if they do not
comply. With regard to two emails that have come in on the subject, they have
been addressed by keeping the ordinance pared down. The City Clerk read the
ordinance by title only; ENSEY MOVED AND ADKISON SECONDED TO PASS
® THE ORDINANCE. The motion carried by a 6 -1 roll call vote, Cawley voting nay.
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ORDINANCE NO. 2009 -31, AN ORDINANCE relating to Public Safety;
regulating lost, stolen, or abandoned shopping carts by adding a new Chapter
6.27 to the Yakima Municipal Code which requires identification on shopping
carts; authorizes enforcement personnel to impound lost, stolen, and abandoned
shopping carts; and authorizes fees for impoundment or other disposition of lost,
stolen, or abandoned shopping carts.
*21. Consideration of an ordinance relating to Police Chief - limited
commissions; consolidating limited commissions; adding a limited
commission for Title 15 of the Yakima Municipal Code; repealing Section
10.01.030; repealing Section 11.01.030; and adding Section 1.48.026 to the
Yakima Municipal Code
ORDINANCE NO. 2009 -32, AN ORDINANCE relating to Police Chief — Limited
commissions; consolidating limited commissions into one section; adding a
limited commission for Title 15 of the Yakima Municipal Code; repealing Section
10.01.030; repealing Section 11.01.030; and adding Section 1.48.026 to the
Yakima Municipal Code.
22. Consideration of an Ordinance related to stormwater illicit discharge —
creating a new Chapter 7.85
Clarence Barnett, representing the Central Washington Home Builders,
Association, asked for five amendments to the ordinance, summarized below:
1. Revise "each day of non - compliance as a separate violation" to "each week."
2: Amend to include a provision that clearly states connections made in the past
are now illicit and will have a reasonable period of time to be corrected.
3. In the section that requires a hearing be requested within 15 days, add a
proviso allowing for extenuating circumstances.
4. The section where the appellant must give written notice of appeal within 15
days after issuance of the City Manager's decision or action, should be
changed to 15 days after receipt of the City. Manager's decision or action to
allow for, the mailing process. They would, again, like to see a proviso for
extenuating circumstances.
5. And change the word shall to may when considering extenuating
circumstances.
Jeff Condardo representing SOAR supported Mr. Barnett's requests. Due to a
compliance deadline date of July 16th, the City Manager suggested the Council
adopt the ordinance and consider the amendments at a future meeting following
a legal review. The City Clerk read the ordinance by title only; ENSEY MOVED
AND CAWLEY SECONDED TO PASS THE ORDINANCE. The motion carried
by unanimous roll call vote.
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ORDINANCE NO. 2009 -33, AN ORDINANCE relating to illicit stormwater
regulation; adopting a new chapter in Title 7 of the Yakima Municipal Code
entitled Stormwater Illicit Discharge pursuant to authority provided in the state
Water Pollution Control Act, Ch. 90.48, RCW and the federal Water Pollution
Control Act (The Clean Water Act), 33 USC 1251 et seq.; defining the illicit
stormwater discharge prohibitions; specifying the procedures and standards for
inspection, including right of entry; providing for enforcement, including
administrative, civil and criminal penalties; prescribing the procedures and
standards for appeals and hearings; and, creating a new Chapter 7.85 of the City
of Yakima Municipal Code.
*23. Consideration of an Ordinance providing for the issuance of limited tax
General Obligation bonds not to exceed $8 million to finance the
expansion, improvement and rehabilitation of the Capitol Theatre
ORDINANCE NO. 2009 -34, AN ORDINANCE of the City of Yakima, Washington,
providing for the issuance of one or more series of limited tax General Obligation
bonds of the City in the principal amount of not to exceed $8,000,000 to finance the
expansion, improvement and rehabilitation of the Capitol Theatre; providing the
form and terms of the bonds; delegating the authority to approve the final terms of
the bonds; and repealing Ordnance No 2009 -27.
24.. Other Business
Council Member Coffey asked the City Manager and City Attorney to review the
legal structure for Council to hold a standing public meeting with no set agenda
to dialogue with each other and the public on various issues.
25. Adjournment
CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO JULY 21, 2009
AT 12:00 NOON FORA WORKING LUNCH MEETING WITH THE PARKS
AND RECREATION COMMISSION AT THE HARMAN CENTER. The motion
carried by unanimous voice vote. The meeting adjourned at 9:20 p.m.
READ AND CERTIFIED ACCURATE BY
COUNCIL MEMBER DATE
ATTEST:
CITY CLERK
COUNCIL MEMBER DATE
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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