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Home My WebLink About02/24/2009 04A Draft Minutes 12-02-2008 Business Meeting• 1. Roll Call Present: Council Staff: Absent: `V -)k A YAKIMA CITY COUNCIL BUSINESS MEETING DECEMBER 2, 2008 — 6:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Bill Lover, and Neil McClure City Manager Zais, Acting City Attorney Harvey. and Acting City Clerk Roberts. Council Member Norm Johnson (excused) 2. Invocation /Pledge of Allegiance Council Member Cawley 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 requests - None D Appointments to Boards and Commissions - None 4. Consent.agen'da. y - Ma or Edler referred to the items placed on the. Consent Agenda, questioning whetherthere were any additions or deletions from either Council members or citizens present: Item number 12 was removed and items number 10 and '16 were added. The Acting` City Clerk read the Consent Agenda`ite'ms, including resolutions and ordinances by title. CAWLEY MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call voter (Subsequent paragraphs preceded by.an asterisk (�) indicate item_ s on. the Consent Agenda handled under one motion without further discussion:) *A. Consideration of approval of Council Committee Meeting Minutes 1. Intergovernmental Committee- November 3, 2008 2..,6ouncil Budget Committee — November 19, 2008 5. Audience Participation Mike Hunnel, 913 S. 4th Avenue, spoke as an .advocate for the disabled in Yakima. . . He accused city officials of lying and hypocrisy'and claimed unequal enforcement of disabled parking infractions with regard to citizens versus businesses. He listed business locations he feels are not in compliance. Mike Olson, 1710 S. 1st Street, requested Council consider the economic climate ® and not raise business taxes to the point that will. drive car dealerships away from - the city. DECEMBER 2, 2008 • 7:00 — PUBLIC HEARINGS 6. Final Public Hearing on the 2009 CDBG and HOME Annual Action Plan Archie Matthews, Neighborhood Development, explained the annual requirement for public outreach to determine categories of need. This year they took advantage of the televised Neighborhood Development Committee meeting and also met at the Southeast Community Center in the evening. They offered an outreach session with the Hispanic Chamber of Commerce. Following this public hearing and ado_ ption, they will submit the plan to HUD for funding. Due to the current economic environment, they are expecting a reduction in funding. • Mayor Edler opened the public hearing. Betty Gaudette suggested putting the piping of the canal on H Street-on the list. for CDBG funds. Luz Gutierez 1424 S. 35th. Avenue, complimented the outreach efforts this year. She said the biggest needs were down payment assistance, and assistance for small business development. Maud Scott recommended YPAC televise the Spanish- speaking hearing in the future She said she would like to see more discussion:on in -fill housing in older existing neighborhoods. Mayor.Edler`closed the public hearing: The-acting City. Clerk read the resolution by title only; MCCLURE MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. Motion carried by unanimous roll call vote; Johnson absent. RESOLUTION NO. R- 2008 -162, A RESOLUTION adopting the 2008 CDBG and HOME Annual Action Plan and approving the submittal of the Annual Action Plan to the Department of Housing and Urban Development (HUD) for their review and approval. CITY MANAGER'S REPORTS 7. Introduction of a request to name the new skate park at Kiwanis Park Apple Vail 1ey'Kiwanis'Skate Park dedicated to.the Memory of Lee Pagett Ken Wilkenson, Parks & Recreation Manager, noted that the Apple Valley Kiwanis organization has given over $35,000 toward the skate park project. He clarified that to name a park it must meet two criteria; a group giving monetarily and a citizen - performing a civic service, specifically in the area of Parks & Recreation. The request was presented.to the Parks Commission and they unanimously approved forwarding the request. 2 DECEMBER 2, 2008 David Severson and Gail on Gen t try o f A pp le Valley K'w nis spoke a bout Lee Pagett's involvement with the project. McCLURE MOVED AND CAWLEY SECONDED TO HAVE STAFF PREPARE THE NECESSARY LEGISLATION TO NAME THE SKATE PARKIN HONER -OF LEE PAGETT. The motion carried by unanimous roll call vote; Johnson absent. 8. Consideration of a motion approving 2009 state legislative priorities Michael Morales, Deputy Director of Community and Economic Development described three potential stimulus packages. CAWLEY MOVED AND. ENSEY SECONDED TO ADD EXECUTIVE SESSION TAPING TO THE LEGISLATIVE PRIORITIES. The motion failed by a 3 -3 roll call vote; Coffey, Edler, and McClure voting no. Council Member Coffey suggested adding it to next year's legislative priorities. McCLURE MOVED AND COFFEY SECONDED TO APPROVE THE LEGISLATIVE PRIORITIES WITH THE ABILITY TO ADD OR MODIFY IN THE FUTURE. The motion carried by a 4 -2 roll call vote; Lover and Ensey voting no, Johnson absent. 9. Presentation by LCA Architects, P.A. regarding the feasibility study.for replacement of the Police sub - station currently located at the Yakima Airport Steve Simons of LCA Architects gave a power point presentation on the architectural plans to replace the Police sub- station. Based on their proposed design, the potential cost is $3,651,682, not including land purchase.. They will pursue site evaluations'during the next stage of the study. *10. Consideration `of a Resolution establishing -the Arts Task Force, appointing the — membership-.and establishing the initial agenda of the Arts Task Force RESOLUTION NO. R- 2008 -163, A RESOLUTION establishing the Arts Task Force, appointing, the, `membership of'the' Arts Task Force, and establishing the initial agenda of the Arts Task Force. 11. Consideration.of a Resolution amending Resolution No: R- 2008 =136 .concerning a City of Yakima Emergency Medical Services (EMS) levy by adding a mandated referendum procedure and making other housekeeping language changes Assistant. City Attorney Martinez clarified that the major amendment to the earlier. resolution is to add, the. referendum procedure required by state law. The Acting City' Clerk read the resolution by title only; McCLURE MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 4 -2 roll call vote; Ensey and Lover voting no, Johnson absent. RESOLUTION NO. R- 2008 -164, A RESOLUTION amending Resolution No. R- 2008 -136, adopted by a majority of the City Council on October 7, 2008 concerning a City of Yakima Emergency Medical Services (EMS) levy, by adding the mandated referendum procedure and making other housekeeping language changes; ® Resolution No. R- 2008 -136 provided for the submittal to the electors of the City of Yakima, Washington, on the February 3, 2009 Special. Election, a measure to authorize a permanent City of Yakima dedicated EMS Levy of up to 25 cents per thousand dollars of assessed property valuation, the generated revenue to be used 3 DECEMBER 2, 2008 to fund additional firefighters and equipment, maintain fire engines, implement a non - transport Firefighter /Paramedic program, and fund an additional emergency dispatcher, thereby enhancing fire protection and emergency medical services or care as authorized by RCW 84.52.069. 12. Consideration of a Resolution authorizing execution of Supplement No. 5 for the professional services contract with BERGER/ABAM Engineers, Inc. for the Railroad Grade Separation Project Michael Morales, Deputy Director of Community and Economic Development; explained that the right -of -way acquisition plan changed causing the need for more time; therefore the need for the supplement. Mel Tanasse, 5910 W. Lincoln Avenue #27, read a letter into the record and submitted it for filing in the Clerk's Office. In the letter, he questioned need for two underpasses and, instead, supported one underpass on a two -way Lincoln Avenue. Skip Walkenhauer, representing SOAR (Save Our American Rights) also submitted written facts, both historical and current, about the underpass project. The main point of his information was the extreme cost versus minimal train traffic. He, too, suggested the project be reduced to, one underpass. Mayor Edler responded by sharing information from the Freight Mobility Strategic Investment Board and various projects such as .this in Washington State. Discussion ensued with regard to competition in freight movement and the risks of not doing the project: Council Member..Lover commented that, in his opinion, the project is over - engineered, over - designe.d'and gold plated. Acting City Clerk Roberts read the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. Council comments were given. The motion carried by a 5 -1 roll call vote; Ensey voting no; Johnson absent. - RESOLUTION NO. R- 2008 -165, A RESOLUTION authorizing the City Manager of the City of Yakima -to execute an additional (fifth) supplemental agreement with BERGER/ABAM Engineers, Inc., for engineering and consulting services for the Railroad Grade Separation Project. *13. Consideration'of a Resolution authorizing and ratifying execution of a contract With. the Mishington State Department of Transportation to provide Yakima Transit.with capital financing to purchase five (5) Vanpool vehicles - RESOLUTION NO. R- 2008 - 166, A RESOLUTION authorizing and ratifying.the City Manager's execution of the Vanpool Investment Program Agreement Number GCA- 5912 between the City of Yakima and the Washington State Department of Transportation to acquire up to $130,000 funding to acquire five (5) vanpool vehicles through the Washington State Vanpool Investment Program for Vanpool expansion. *14. Consideration of a motion to add Englewood Christian Church as a temporary. emergency cold weather shelter to the existing program in the City of Yakima The staff recommendation to add Englewood Christian Church, located at 511 N. 44th Avenue, Yakima, WA to the City's emergency cold weather shelter program as a temporary shelter was accepted by motion. 4 DECEMBER 2, 2008 *15. Set Date of Closed Record Public Hearin for January 20 2009 to consider the Hearing rY , Hearing Examiner's recommendation for changes in land uses (rezones) and the concurrent Regional Planning Commission's recommendation for amendments to the City's Comprehensive Plan Future Land Use Map January 20, 2009 was set as the date of a closed record public hearing to consider the Hearing Examiner's recommendation for changes in land uses (rezones) and the concurrent Regional Planning Commission's recommendation for amendments to the City's Comprehensive Plan Future Land Use Map. ORDINANCES 16. Consideration of Legislation regarding Downtown Yakima Business Improvement District ( DYBID) A. Resolution authorizing the City Manager.to'execute a Third Amendment to an agreement for professional Services with the Committee for Downtown - Yakima (CDY) ;.sign a Memorandum of Understanding between the City of Yakima and CDY; and execute an agreement for Downtown Ambassador Services for the'City of Yakima RESOLUTION NO. R -2008 -167, A RESOLUTION authorizing and directing the City Manager to (1) execute Third Amendment to CDY Agreement for Professional Services; (2) sign Memorandum of Understanding Between the City of Yakima and Committee for Downtown Yakima; and (3) execute Agreement for Downtown. Ambassador. Services for the City of Yakima B: First reading of an Ordinance appropriating funds for the disbursement of 2008 4th Quarter DYBID Assessment. Revenues to CDY An Ordinance amending the 2008 budget and appropriating funds for the disbursement of 2008 4th Quarter Downtown Yakima Business Improvement District Assessment revenues to provide for downtown Yakima maintenance and improvements, was read by title only, and laid on the table until December 9, 2008 fora second reading. *17. Consideration of an Ordinance amending the Storm Drainage and Surface Water Management Utility Ordinance ORDINANCE NO. 2008 -54, AN ORDINANCE relating -to stormwater. utility rates; extending the automatic adjustment of stormwater utility rates for commercial, industrial and institutional parcel classes previously established for 2008 to also apply for the year 2009 and extending the sunset provision from one year to two years; and amending sections 7.80.110 and 7.80.120. of the City of Yakima Municipal Code. 5- DECEMBER 2, 2008 18. Other Business o Ranking of City Council Strategic Priorities CAWLEY MOVED AND LOVER SECONDED THAT, PER THE BUDGET COMMITTEE RECOMMENDATIONS, COUNCIL ADOPT THE STRATEGIC PRIORITIES IN THE ORDER OF THE COMMUNITY RANKINGS. The motion carried by unanimous voice vote; Johnson absent. 19. Adjournment to: A. Executive Session for two hours to discuss: 1. Collective Bargaining —15 minutes 2. Evaluating qualifications of candidates for Yakima City Council future vacancy Prior to the adjournment, Assistant City Attorney Harvey gave direction on how the Executive Session could be conducted. She. referenced .a Supreme Court. case, Miller v. City of Tacoma (available with the Council file packet). The major point was that the Council can only discuss the candidate's qualifications. She recommended not having any discussion on procedures and protocols or even the number of finalists that would be interviewed. Those discussions must be done in an open session. Dave Ettl, 315 N. 36thAvenue, one of the applicants, supported interviewing all applicants. COFFEY MOVED AND CAWLEY SECONDED TO MOVE INTO EXECUTIVE SESSION FOR COLLETIVE BARGAINING AND. EVALUATION OF COUNCIL CANDIDATES FOR APPROXIMATELY TWO HOURS. The motion tarried by a 5 -1 'voice vote, Ensey voting no; Johnson. absent. Council moved into Executive Session at 8:53 p.m. Mayor Edler reconvened the meeting at 9:15 p.m. Mayor Edler advised that they had decided that the next step would be to determine the process. It was the -consensus of Council to poll each Councilmember. Council Member Lover: Interview them all, Mayor Edler: Winnow the selection down to 3 -5 candidates and then conduct an in -depth interview. Council Member Cawley: Interview them all. Council Member Ensey' Interview them all. Council Member McClure: Conduct in -depth interviews of a smaller group, 6 -7 candidates. 1.1 DECEMBER 2, 2008 Council Member Coffey. ro • Narrow down the field based on their resumes and then conduct an in -dept interview. Following discussion, COFFEY MOVED THAT WE DETERMINE 15 CANDIDATES TO INTERVIEW FOR 20 -30 MINUTES EACH AND DEVELOP A SET OF QUESTIONS SO ALL CANDIDATES WOULD BE RESPONDING TO. THE SAME QUESTIONS. The motion died due to the lack of a.second. LOVER MOVED AND CAWLEY SECONDED TO INTERVIEW EVERYONE FOR THREE MINUTES, VOTE TO REDUCE THE NUMBER TO TEN AND THEN CONDUCT AMORE THOROUGH SECOND INTERVIEW. Following further discussion, the motion carried by a 4 -3 voice vote; Coffey and Edler voting no; Johnson absent. CAWLEY MOVED TO ELIMINATE PAUL GEORGE AND SUSAN WHITMAN. The motion died for lack of a second. McCLURE MOVED AND ENSEY SECONDED TO HAVE STAFF SCHEDULE TWO DAYS FOR CANDIDATE PRESENTATIONS. The motion carried by unanimous voice vote; Johnson absent. B: December 9,; 2008 at 2:00 p.m. for a Council Business meeting in the Council Chambers at City Hall CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN. The motion carried by*unanimous voice vote; Johnson absent. The meeting adjourned, at 9:51 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: 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 7