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HomeMy WebLinkAbout10/07/2008 04A-2 Draft Minutes 08-19-2008 Adjourned Meeting/f 4-A -2 ADJOURNED MEETING AUGUST 19, 2008 — 11:30 A.M. -2:00 P.M. YAKIMA CONVENTION CENTER 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais 2. Executive Session regarding personnel — City Manager's Annual Review The Executive session was held and adjourned at 1:50 p.m. BUSINESS MEETING AUGUST 19, 2008 — 5:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council is Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais and Sr. Assistant Attorney Harvey 2. Executive Session: • Prospective Litigation ® Property disposition The executive session was held and adjourned at 5:54 p.m. 6:00 P.M. — PUBLIC SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais, Sr. Assistant Attorney Harvey, and City Clerk Moore 2. Invocation /Pledge of Allegiance Mayor Edler gave,an invocation and led the Pledge of Allegiance Mayor Edler announced that the City Manager's review resulted in good positive feedback for the Manager. AUGUST 19, 2008 3. Open Discussion for the Good of the Order 'A. Proclamations • National Truck Driver Appreciation Week Mayor Edler read a proclamation declaring August 24 -30, 2008 as National Truck Driver Appreciation Week. David Kerns, Safety Manager at Haney Truck Lines accepted the proclamation. B. Special presentations / recognitions - None C. Status report on prior meeting's citizen service requests Mayor Edler reported he had received another call from a citizen regarding the bicyclist who has been riding too fast on the Kissell Park pathway. Staff was directed to investigate legal options available to remedy this situation. D. Appointments to Boards and Commissions - 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 9, 10, 11 & 12 were added to the Consent Agenda and Item 15 was removed. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND JOHNSON SECONDED TO AMEND ITEM 20 TO ADD A CLAUSE MAKING IT EFFECTIVE IMMEDIATELY. Assistant City Attorney Harvey advised that would not qualify as an emergency item as it is a housekeeping measure. Council Member Cawley withdrew the amendment. 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.) *A. Consideration of approval of Council Minutes • July 8, 2008 Adjourned Meeting The minutes of the July 8, 2008 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 • *Intergovernmental Relations Committee — August 4 • Public Safety Committee — August 6 A. Consideration of Committee's recommendation to call for a special EMS Levy election on February 3, 2009 JOHNSON MOVED AND COFFEY SECONDED TO SET FEBRUARY 3, 2009 AS THE DATE OFA SPECIAL EMS LEVY ELECTION. Council Member McClure suggested another study session be held to allow the business community and the public to discuss it further prior to the ballot date. City Manager Zais clarified that the motion is to set the date. If that is acted upon, there would be another discussion on the duration question with direction on what to bring back as formal ballot language. Although the duration time does not need to be set tonight, before legislation could be prepared, the Legal Department will need be advised of the duration. The motion carried by unanimous roll call vote. K AUGUST 19, 2008 • B. EMS Levy duration (see legal memorandum) s CAWLEY MOVED AND McCLURE SECONDED TO HOLD A STUDY SESSION TO DISCUSS THE DURATION OF THE LEVY. The ordinance declaring the date and duration must be submitted to the County Elections office by December 12, 2008. The motion carried by a unanimous voice vote. Fire Lieutenant Bruce Drollinger thanked the Council for allowing this levy to go to the citizens and shared a recent experience where there was 'a delay of a paramedic on site in a cardiac arrest situation. • *Economic Development Committee — August 6 • *Budget Committee — August 7 • Rules and Procedures Committee — August 8 A. Consideration of Committee's recommendation against holding a public hearing regarding 1 -985 Norm Johnson, Chairman, advised that the committee voted 2 -1 to recommend not holding a public hearing. He said he was the one dissenting vote purely for the reason that he felt we can't pick and choose. His preference would be that we do not have them at all. McCLURE MOVED AND CAWLEY SECONDED TO ACCEPT THE COMMITTEE'S . RECOMMENDATION TO NOT HOLD A PUBLIC HEARING REGARDIN 1 -985. After each Council Member expressed their opinion, the motion failed by a 4 -3 roll call vote; Ensey, Johnson, Lover and Coffey voting nay. JOHNSON MOVED TO NOT HOLD ANY PUBLIC HEARINGS UNLESS IT DIRECTLY AFFECTS THE CITY RATHER THAN JUST BEING ON THE BALLOT. The motion died for lack of a second. LOVER MOVED AND ENSEY SECONDED TO HOLD A PUBLIC HEARING ON 1 -9851F IT OFFICIALLY QUALIFIES FOR THE BALLOT. City Manager Zais reminded the Council that holding a public hearing on any ballot measure is permissive, but it does not obligate the Council to take a position. The motion failed by a 4 -3 roll call vote; McClure, Cawley, Coffey, and Edler voting nay. - 5. Audience Participation Howard Hinton, 203 Rancho Lane, expressed his concerns about the condition of the property at 4701 West Summitview Avenue. He also requested a review of the Code Enforcement department to see if there is any way to'make it more effective. He commented that he had recently been travelling by train from the east coast and that, with regard to graffiti, Yakima looks great compared to the eastern side of the country. Mayor Edler asked staff to address the weeds on property located at 3rd Avenue and Nob Hill Boulevard, and to supply an update on the Tiger Mart properties. Candi Turner, 7800 W. Mead Avenue, believes Joe Morrier should be responsible for removing the ramp at the former Yakima Mall. 3 AUGUST 19, 2008 7: 00 P.M. -- PUBLIC HEARINGS / MEETINGS 0 6. Joint City- County Public Hearing and consideration of an Ordinance accepting the Regional Planning Commission's recommendations on amendments to the City of Yakima Urban Area Zoning Ordinance (YMC 15) County Commissioners Leita and Gamache joined the horseshoe for the public hearing. Michael Morales, Deputy Director of Community and Economic Development, gave background information on the Urban Area Zoning Ordinance. He explained that approval of the ordinance will allow us to begin utilizing the updated Comprehensive Plan rather than the 1996 version. Available for questions were John Hodkinson, RPC Chair; Terry Austin, County.Legal; and Steve Erickson, County Planning, who had distributed a memorandum of requested changes and that also identified differences between the City and County within the ordinance. City Planning and Legal staff were available as well. Mr. Morales advised that the Council, as a body, has legal authority within its boundary to adopt the recommendations of the Regional Planning Commission, or they can modify the recommendations and direct staff to bring back a revised version. He also advised that the Council does not have to wait for the County to adopt the revisions, or to make changes that the County is considering. The County has legal authority in the unincorporated areas of the urban growth area and they may adopt or make changes to the document as they determine within their jurisdiction. There are about 25 significant changes to the zoning ordinance, most notably one based on Clarence Barnett's testimony at the last Council meeting regarding the language on the right -to -enter for consistency. • Mayor Edler opened the public hearing. Mike Shinn, attorney representing Yakima Valley Memorial Hospital, gave background on the work that has been done with City and County staff and the Barge /Chestnut Neighborhood Association on developing Chapter 15.31, Institutional Overlay. They endorse the language now being brought forward and urged Council approval. On behalf of other clients, Apple Tree Resort and Yakima Resources, he relayed their concern about annexation requirements under Chapter 15.28.030 subsections a) and b). He said it is not their intent to delay passage of the ordinance, but they may promptly seek a text amendment of this portion. Their recommendation would be to delete the link between submitting a master plan development and requiring annexation. He then spoke about their concern with Chapter 15.28.080 and described how they had resolved a similar concern within the institutional overlay section. They may also come back with a text amendment on how to handle minor modifications of that section rather than delay approval. Gary Forrest, representing the Barge Chestnut Neighborhood Association, advised they support the current language and intent of chapter 15.31 on Institutional Overlay and hope it will be passed intact. 4 AUGUST 1912008 ® Steve Erickson, County Planning Official, covered points in the memo that was distributed. He also suggested changes to the Airport Safety Overlay. John Hodkinson advised they agree to defer that chapter until a joint meeting between the City, County, and Union Gap is held next month. • Mayor Edler closed the public hearing Council Member Cawley recommended reducing the notification process from 500 feet to 300 feet as a cost savings step. The City Clerk read the ordinance by title; MCCLURE MOVED AND CAWLEY SECONDED TO APPROVE THE ORDINANCE. It was noted that the effect of deferring approval of Chapter 15.30 would be that it will stand as it is. Following discussion, it was suggested that Council defer action on the ordinance until it was modified. Commissioner Leita agreed that because of the significance of the document, it is important not to rush forward on it. Council Members McClure and Cawley withdrew the motion and second. MCCLURE MOVED AND CAWLEY SECONDED TO DEFER THE ORDINANCE FOR TWO WEEKS. Mayor Edler directed staff to respond to the items brought up in the memo from Steve Erickson. The motion carried by unanimous voice vote. 7. Public meeting and consideration of a Resolution approving the final plat for Crown Crest, Phase 1 subdivision Joan Davenport, Planning, advised that the preliminary plat was approved by the County Commissioners last year. It is vested in the County development standards. ® This is Phase 1 of a two- phased project Mayor Edler opened and closed the public meeting with no one coming forward to speak. The City Clerk read the resolution by title; CAWLEY MOVED AND MCCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. 0 RESOLUTION NO. R- 2008 -126, A RESOLUTION approving the final plat of Crown Crest Phase 1, a 37 -lot subdivision located within the Plat of Crown Crest at the northwest corner of Coolidge Road and South 72nd Avenue, and authorizing the Mayor to sign the final plat; Cottonwood Partners, LLC is the applicant herein. 8. Public hearing to consider an appeal of the Community Review Board decision regarding property at 6409 Occidental Avenue requested by Ron Voris Joe Caruso, acting Code Enforcement Manager, reviewed background information on the case. At the June 4, 2008 Community Review Board hearing, Mr. Voris was ordered to remove junk vehicles. He had 30 days to abate and 30 days for an appeal process; a total of 60 days. If a property owner does not abate the illegal condition, the City is authorized to abate it with administrative fees of $1,000. Assistant City Attorney Watters explained the process noting that the appealing party has the burden of proof. E AUGUST 19, 2008 • Ron Voris, the appellant, spoke about his health conditions and made the following claims: • He was not supplied all the information he requested. • His right to decide how the inspections are done were circumvented. • M's. Gilmore was ordered by Mr. Caruso not to contact him directly; as a result she was not aware of his health issues. • Mr. Caruso had said there is no such thing as grandfathering but Chapter 15 said there is. • He needed the City's help; therefore, demands to meet the deadline would require him hiring an outside contractor. The only way he could get financial aid was by reimbursement for hiring an outside contractor. • Tactics used by Mr. Caruso were to criminalize him because he is disabled. • His right to privacy was violated; he endured continued discrimination because of his health and financial condition. • He threatened to pursue a lawsuit. • He claimed his health condition has been aggravated by the stress he was under from the situation. Council questioned Mr. Voris about his behavior at the annexation hearing and his inability to pay for the required clean -up. Mayor Edler asked him how long he thought it would take him to abate the property. Mr. Voris never gave a clear answer or commitment. • COFFEY MOVED AND ENSEY SECONDED TO UPHOLD THE COMMUNITY REVIEW BOARD DECISION. Council Member Coffey sympathized with Mr. Voris' health problems but pointed out this has been going on for a year. He was offered financial assistance if he filled out the paperwork, but he never submitted the forms. Council Member Cawley said he would prefer to. give Mr. Voris a clean slate and start the entire process over, with financial assistance. Council questioned and was informed about activity regarding financial assistance to date on this case. Mr. Voris was given the information twice about how to apply for funding but never submitted the applications. The question was called for a vote on the motion. The motion carried by a 4 -3 roll call vote; Cawley, Edler, and Lover voting nay. ENSEY MOVED AND CAWLEY SECONDED TO REFUND THE $100 APPEAL COST. The motion carried by a 6 -1 voice vote; Coffey voting nay. CAWLEY MOVED TO WAIVE THE $1,000 ADMINISTRATIVE FEE AND TO HELP MR. VORIS PROCESS THE CDBG APPLICATION. The motion died for lack of a second. • C • AUGUST 19, 2008 CITY MANAGERS REPORTS *9. Consideration of the 2008 second quarter Capital Improvement Projects report The 2008 second quarter Capital Improvement Projects report was accepted. *10. Consideration of a Resolution for a grant application to the Washington Association of Sheriffs and Police Chiefs to fund graffiti abatement (continued from 815108 meeting) RESOLUTION NO. R- 2008 -127, A RESOLUTION authorizing application for a Graffiti/Tagging Abatement Grant in the amount of $12,000 from the Washington Association of Sheriffs & Police Chiefs; designating the Chief of Police and the City Manager to act as the official representatives of the City of Yakima with regard to the grant; and authorizing their actions to accept the grant and execute all necessary documents and contracts to implement the grant, if awarded. *11. Consideration of a Resolution authorizing purchase of property located at 10th Street and Fair Avenue /Peach Street RESOLUTION NO. R- 2008 -128, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement to purchase real property located at 602 and 604 South Fair Avenue for the combined appraisal price of Twenty -three Thousand Five Hundred Dollars ($23,500). *12. Consideration of a Resolution authorizing execution of a professional services contract with Wells Fargo Insurance Services Northwest, Inc. for property and casualty insurance broker and risk management services RESOLUTION NO. R- 2008 -129, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services contract for property and casualty insurance broker and risk management services with Wells Fargo Insurance Services Northwest, Inc. *13. Consideration of the 2008 second quarter Treasury report The 2008 second quarter Treasury report was accepted. *14. Consideration of a Resolution authorizing execution of an agreement with the Yakima Sunfair Festival Association for the arrangement of tourist promotion services for the Sunfair Parade RESOLUTION NO. R- 2008 -130, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Sunfair Festival Association for the arrangement of tourist promotion . services. 7 AUGUST 19, 2008 15. Consideration of an application by KB Enterprises, LLC for a right -of -way use permit for a fence in the City right -of -way at 317 Union Street Council Member Lover referenced a previous meeting for a similar right -of -way issue that Council voted against. This one appears to be basically the same, although the clearview is worse, but staff is recommending approving it. Michael Morales, Deputy Director of Community and Economic Development, explained that the prior applicant was proposing to build over sewer lines. In this case, nothing is to be put over a utility line that requires maintenance access. CAWLEY MOVED AND JOHNSON SECONDED TO POSTPONE THE ITEM UNTIL WE CAN HEAR FROM TRAFFIC ON THE CLEARVIEW ISSUE. Maud Scott, who lives on Union Street, said although the neighbors are pleased to see the house has been improved by the new owners, she is concerned with consistency of code enforcement, children's safety, and uniformity of the neighborhood design. She feels there are unsafe conditions in the intersection. The item was tabled until after the 7:00 p.m. public hearing. Discussion continued at 8:40 p.m. following the scheduled public hearings. Lynne Kittelson, 305 N. 91h Street, said that chain link fences are not compatible in the historic area. She suggested the City look into the fencing ordinance and give help to homeowners that have chain link fencing to transition to something else. There should be no variances, and that all should be treated equally with regard to fencing. Council Member McClure will be voting against this because he didn't think it was a clearview issue and feels the applicant needs to move the fence back. Council Member Johnson agreed and withdrew his second. Therefore, the motion died for lack of a second. McCLURE MOVED AND JOHNSON SECONDED TO HAVE THE FENCE REMOVED FROM THE PUBLIC RIGHT OF WAY. The motion carried by a 5 -2 roll call vote; Cawley and Edler voting nay. *16. Consideration of a Resolution authorizing a sole source procurement between the City of Yakima and Titan Sales Group for the purchase of an easement machine RESOLUTION NO. R- 2008 -131, A RESOLUTION authorizing sole source procurement without calling for bids from Titan Sales Group whereby said entity shall provide a JAJ -600 TH Self- Propelled Easement Machine to the City of Yakima's Wastewater Division to maintain its sewer lines. *17. Consideration of a Resolution authorizing and ratifying execution of a grant agreement with the State of Washington Employment Security Department for a team -based AmeriCorps Community Project for youth RESOLUTION NO. R- 2008 -132, A RESOLUTION authorizing and ratifying the City Manager's execution of a Grant Agreement Between State of Washington Employment Security Department and Yakima Parks and Recreation accepting the terms and conditions of a team -based AmeriCorps Project for youth. 0 • • �J • AUGUST 19, 2008 *18. Set Date of Public Hearing to consider: A. Menzia annexation located at 9203 Coolidge Road September 2, 2008 was set as the date of public hearing to consider the Menzia annexation. B. Metz annexation located at 10 N 961h Avenue September 2, 2008 was set as the date of public hearing to consider the Metz annexation. ORDINANCES *19. Second Reading of an Ordinance amending the 2008 Equipment Rental and other operating budgets for unanticipated diesel and gasoline cost increases ORDINANCE NO. 2008 -42, AN ORDINANCE amending the 2008 budget for the City of Yakima; and making appropriations within various operating funds for expenditure during 2008 to provide for increased fuel costs. *20. Consideration of an Ordinance amending the Yakima Municipal Code and authorizing a new Deputy Chief of Police position within the Police Department and specifying its authority and duties ORDINANCE NO. 2008-43, AN ORDINANCE relating to City administration; creating the position of Deputy Chief of Police; designating the position of Deputy Chief of Police as being exempt from Civil Service; making the Deputy Chief of Police directly responsible to the Chief of Police; and amending Sections 1. 18.030 and 1.48.020 and adding Section 1.54.050, all of the City of Yakima Municipal Code. 21. Other Business • Intergovernmental Committee meetings ENSEY MOVED AND LOVER SECONDED TO TELEVISE THE INTERGOVERNMENTAL MEETINGS. The motion carried by a 6 -1 roll call vote; McClure voting nay. • Continued discussion on holding public hearings on initiatives COFFEY MOVED AND CAWLEY SECONDED THAT WE WILL HOLD PUBLIC HEARINGS AS FAR AS INITIATIVES BUT WILL NOT TAKE A STAND FROM EACH COUNCIL MEMBER. Mayor Edler expressed his opinion that this is going to limit them, by policy, from making strong declarations on items they have an opinion on. The motion carried by a 5 -2 roll cal vote; Edler and McClure voting nay. AUGUST 19, 2008 • Capitol Project • City Manager Zais advised that there were good bid results on the grind and overlay and pedestrian crossing signals projects resulting in an approximate $500,000 savings. We have an obligation to notif the State of Washington and look at proportional savings on the signal for16 and Hathaway. We also had decided to hold off on bidding this year on the signal at 66`h and Summitview Avenues. We had proposed the signal only because right -of -way is so expensive. We may need to take another look at the safety issue in light of these savings. • Bond Sale Tomorrow we sell bonds for streets and traffic infrastructure projects and to acquire a fire truck. Our general government bond rating has increased from A rating to A +. That is very good news and comes on the heels of an AAA standard on the Wastewater bonds. 22. Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO AUGUST 26, 2008 AT 8:00 A.M. AT THE YAKIMA CONVENTION CENTER, ROOMS ABB, FOR A STUDY SESSION REGARDING THE AQUATIC CENTER. The motion carried by unanimous voice vote. The meeting adjourned at 8:50 p.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK • COUNCIL MEMBER DATE COUNCIL MEMBER DATE DAVID EDLER, MAYOR Minutes prepared by Deputy Clerk Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 10