HomeMy WebLinkAbout10/21/2008 04A Draft Minutes 10-07-2008 Business Meeting® YAKIMA CITY COUNCIL
BUSINESS MEETING
OCTOBER 7, 2008 =5:00 P.M.
COUNCIL CHAMBERS — YAKIMA CITY HALL
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, Acting City Attorney Cutter
2. Executive Session
• Prospective Litigation
• Property Acquisition
The Executive Session adjourned at 5:58 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, Acting City Attorney Cutter, and City Clerk Moore
2. Invocation/Pledge of Allegiance
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 Month
Mayor Edler read a proclamation declaring October as The Big Read Month. Linda
McCracken and Ed Stover accepted the proclamation. The book being featured
this year is To Kill a Mockingbird.
B. Special presentations / recognitions
• Life Saving Award presented to Jean Hamilton
Fire Chief Hines described the incident where Jean Hamilton administered CPR
and saved a cardiac arrest victim's life. He presented her with a Life Saving
.Award. The victim, Dale Lindstrom, and his wife expressed their gratitude for her
efforts as well.
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OCTOBER 7, 2008
C. Status report on prior meeting's citizen service requests
1. Mike Hunnel's claim of code non - compliance at city intersections: SE corner of
Td Avenue and Arlington; NW and SW comers of 3rd Avenue and Baker.
Michael Morales, Deputy Director of Community and Economic Development,
explained that the intersections were under construction because of a state law
mandate that, if there is road construction, the intersections must be brought up
to compliance. City Manager Zais also responded to Mr. Hunnel's claim that
the City was being investigated about the misuse of City funds. Those were
alarming statements and the facts are quite different. There is no investigation
underway or pending regarding potential misuse of City funds. We are
routinely audited and have the results of the most recent audit in this packet.
2. Jennifer Wilde- McMurtrie's request for a response to the Historic Preservation
Commission's letter regarding the Wilson building
3. Don Meighan's request for regulations limiting bicyclists on downtown --
sidewalks
D. Appointments to Boards and Commissions
JOHNSON MOVED AND CAWLEY SECONDED TO APPOINT THE FOLLOWING
TO THE LODGING TAX ADVISORY COMMITTEE. ANGIE GIRARD, JOHN
COOPER, DENNIS HOGENSON, JEROME WILDGEN, SARA ALLEN, AND
COLETTE KEATON. The motion carried by unanimous voice vote. Assistant
Mayor Cawley advised that the Appointing Committee has been meeting and
reviewing SECC applications and are dose to recommending appointments.
Council Member Lover requested copies of applications that are not selected.
Chris Waarvick, Director of Public Works, introduced Ken Wilkinson as the new Parks
and Recreation Manager replacing the recently retired Denise Nichols.
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. 8 and 10 were added to the Consent Agenda. The City Clerk read the Consent
Agenda items, 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 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
1. September 2 and September 16, 2008 Business meetings
2. January 26, August 19, and September 18, 2008 Adjourned meetings
The minutes of the January 26, August 19 and September 18, 2008 Adjourned
meetings and the September 2 and September 16, 2008 Business meetings were
approved, having been duly certified accurate by two Council members and no one
present wishing to have said minutes read publicly. is
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OCTOBER 7, 2008
•
B. Consideration of approval of Council Committee Meeting Minutes
*1. Budget Committee — September 11, 2008
2. Downtown Yakima Futures Initiative Committee,— September 17, 2008
➢Consideration of City Council Downtown Yakima Futures Initiative Committee
recommendation for 2009 legislative request
City Manager Zais spoke about the efforts to secure state and matching
funds. They have been working on legislation for $6.5 million to bring forward
to the legislators to take to the governor's office. John Cooper, CEO of the
Convention and Visitor's Bureau described the project that will keep the
facility competitive. JOHNSON MOVED AND COFFEY SECONDED TO
ENDORSE THE PREPARATION OF APPROPRIATE LEGISLATION. The
motion carried by unanimous voice vote.
*3. Boards and Commissions Appointing Committee — September 18, 2008
5. Audience Participation
Bob Cook, 207 South a Avenue, asked for the status on recycling in Yakima. Assistant
Mayor Cawley advised that they are still gathering information from the Refuse
Department and that currently there is a recycling contract with Yakima Waste System.
They are looking into forming a group to look at how Yakima can "go green" without
mandatory recycling.
7:00 PM — PUBLIC HEARINGS
6. Closed Record Public Hearing on the Preliminary Plat of Applebrook
Bruce Benson, Acting Planning Manager, described the preliminary plat as a 331 -lot
subdivision on approximately ten acres. It meets all development requirements. On
August 14, 2008 the Hearing Examiner held an open record hearing where no one
spoke against it. On August 20, 2008, the Hearing Examiner recommended approval.
Staff supports the Hearing Examiner's recommendation.
• Mayor Edler opened the hearing, and with no one coming forward to speak, closed
the hearing.
CAWLEY MOVED AND JOHNSON SECONDED TO DIRECT LEGAL TO PREPARE
LEGISLATION GRANTING PRELIMINARY PLAT APPROVAL. The motion carried
by unanimous voice vote.
7. Public hearing to provide an opportunity for citizen comments to be received
regarding Initiative 985, which would open high - occupancy vehicle lanes to all
traffic during specified hours, require traffic light synchronization, increase
roadside assistance funding, and dedicate certain taxes, fines, tolls and other
revenues to traffic -flow purposes
• Mayor Edler opened the public hearing.
it,
OCTOBER 7, 2008
Tim Eyman spoke in favor of the initiative: •
• Primary motivation - show elected officials that citizens don't want higher taxes but
want them to listen to the State Auditor's recommendations.
• Olympia ignored all 22 recommendations made by the auditor.
• The State would provide the funding to help local governments optimize traffic flow.
• Local governments will be measured on optimization performance and it will be
reported to the public.
• Accidents must be cleared faster.
• HOV (high occupancy vehicle) lanes would be opened in off -peak hours
• Support for 1 -985 tells Olympia that they need to view the State Auditor as an ally.
Doug McDonald, former State Secretary of Transportation, spoke against the
initiative:
• The performance audit referred to was to reduce congestion in Puget Sound, not
- - - — - - -- around the state of Washington and it did not -cover opening HOV-lanes. - --
• Questioned the amount of funding that will come to Yakima by comparing the
number of signal lights here against the number in Seattle.
• Majority of the problem is on the freeways and synchronized signals will not affect
that problem.
• Although it is advertised as using state money, remember who supplies the state
with money.
• The $150 million required will take taxpayer money from somewhere in the system
to spend on this initiative.
• Estimated calculation of $15 million of the shared vehicle sales tax going to
Olympia that would come back to Yakima would be $2 million.
• It addresses someone else's problems using Yakima's money.
Alex Deccio, former State Senator, stated that this is a west side issue and it should be
left a west side issue. Taking a "sliver" of our dollars and putting them on the west side
leaves a hole and it is very tough to get money from the state budget for the east side
of the state.
Jerry Foy said he drives a pilot car for manufactured home deliveries and the little
towns in the state they deliver homes to do not have many traffic lights. This initiative
will not help them. He recommended putting the effort on the EMS levy.
Mayor Edler closed the public hearing.
CITY MANAGER'S REPORTS
*8. State Auditor's Report - City's 2007 Financial Statements
The State Auditor's report was accepted.
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OCTOBER 7, 2008
• 9. Consideration of a Resolution calling for a Special Election in February 2009 for
an Emergency Medical Services levy
City Manager Zais explained that this is the formal legislation to set the ballot measure
and date for the EMS levy. The ballot wording reflects the objective to dedicate a new
levy, of up to $0.25 per thousand, and leaving it in the hands of future Councils if it
were to be changed. The funding will-be used principally to fund additional firefighters.
If the resolution is approved, it will result in paying for the election late in 2009. The
cost is expected to be approximately $45,000.
Council Member McClure asked if the amount would have to be established on an
annual basis or would it be $0.25 automatically with anything less having to be passed
on an annual basis? Assistant City Attorney Martinez noted the complexity. As the
population increases, the EMS levy amount will probably go down. She doesn't
believe it would require passing a resolution every year. The City can collect up to
$0.25 at this time, however, if in the future Council wanted to reduce or eliminate that
$0.25 amount, they could do so by resolution. Bob Meinig, legal counsel for Municipal
Research Service Center, took the position that such a resolution would have to be
passed on a yearly basis.
The City Clerk read the resolution by title; JOHNSON MOVED AND COFFEY
SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 5-2 roll call
vote; Lover and Ensey voting nay.
RESOLUTION NO. R- 2008 -136, A RESOLUTION concerning a City of Yakima
dedicated Emergency Medical Services (EMS) Levy; providing for submittal to the
electors of the City of Yakima, Washington, on the February 3, 2009 special election, a
measure to authorize a City of Yakima dedicated EMS Levy of up to 25 cents per
thousand dollars of assessed property valuation, the generated revenue to be used to
fund additional firefighters, purchase a fire engine and equipment, 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.
"10. Consideration of Resolution authorizing execution of interlocal agreement with
Yakima Countywide Flood Control Zone District to implement the Naches River
Water Treatment Plant Reach Demonstration Project
RESOLUTION NO. R -2008 -137, A RESOLUTION authorizing the City Manager of the City
of Yakima to execute an Interlocal Agreement with the Yakima Countywide Flood Control
Zone District to cooperate in the implementation of the Flood Control Improvement known
as the Naches River Water Treatment Plant Reach Demonstration Project.
11. Consideration of a Resolution authorizing allocation of commercial revitalization
. deductions for 2008
Michael Morales, Deputy Director of Community and Economic Development, said we
are allotting the full $12 million of the City's revitalization deductions for 2008 and
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OCTOBER 7, 2008
and referred to the list of projects in the Council packet. He advised that the program •
is set to expire in 2009. They will be attempting to convince the next Congress to
continue the program. The City Clerk read the resolution by title only. MCCLURE
MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion
carried by, unanimous voice vote.
RESOLUTION NO. R- 2008 -138, A RESOLUTION approving projects for the 2008
allocation of the federal Renewal Community Commercial Revitalization Deduction,
and directing the City Manager to submit the list of approved projects to the
Washington State Department of Community, Trade and Economic Development
(CTED) for ratification.
*12. Initiation of the Highland Annexation
October 7, 2008, was set as the time of a meeting with the initiating parties who have
signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties
being Garry L. Griggs, Vera R. Griggs and William J. Frodsham. The annexation- —
proposed was accepted by the City of Yakima, and the area to be annexed will be
required to assume its share of the City's existing indebtedness. Staff was directed to
file a Notice of Intent to Annex with the Yakima County Boundary Review Board.
*13. Consideration of a ratification of a right - of-way use permit for GN Northern, Inc., in
the vicinity of 1114 South 31 *t Avenue
The use permit was ratified.
*14. Consideration of a Resolution authorizing execution of an agreement with
Swanson Services Corporation for commissary services to Yakima City Jail
residents with fees to be charged to residents' accounts
RESOLUTION NO. R- 2008 -139, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a service agreement with Swanson Services
Corporation to provide commissary services and other items to the residents of the
Yakima City Jail with the fees for said commissary services to be charged to the Jail
residents' accounts.
*15. Consideration of Resolution declaring City -owned vehicles and personal property
surplus and authorizing disposal of said items
RESOLUTION NO. R- 2008 -140, A RESOLUTION declaring the attached list of used
vehicles and personal property surplus to the needs of the City of Yakima, and
authorizing the City Manager to dispose of these items in a manner most beneficial to
the City of Yakima to include auction or sale by a means deemed appropriate by the
City Manager, such as °eBay°, local auction or sealed bid, recycling, sending to State of
Washington Surplus or donating or transferring to other government entities or qualified
non -profit corporations.
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OCTOBER 7, 2008
• *16. Consideration of a Resolution authorizing the City Manager to execute purchase
and transaction documents for IceSlicer RS Granular Ice Melt from Envirotech
Services Inc. to maintain winter streets as a sole source purchase without calling
for bids
RESOLUTION NO. R- 2008 -141, A RESOLUTION authorizing the City Manager to
purchase IceSlicer RS Granular Ice Melt from Envirotech Services Inc. for the purpose
of maintaining City of Yakima winter streets, as a sole source purchase without calling
for bids, and further. directing the City Manager to execute all appropriate and
necessary documents to complete the purchase and transaction.
*17. Consideration of a Resolution authorizing the City Manager to sign a Consent
Decree, together with Yakima County for the clean up of Richardson Airways, Inc.
at the Yakima Air Terminal with the Washington State Department of Ecology
_ RESOLUTION NO. R- 2008 -142, A RESOLUTION authorizing the City Manager to sign
a Consent Decree, together with Yakima County ( "County'), for the clean -up of
Richardson Airways, Inc., at the Yakima Air Terminal, with the Washington State
Department of Ecology ( "Department of Ecolog)'s pursuant to the Model Toxics
Control Act (" Toxics Control Act') RCW 70.105D.
*18. Consideration of a Resolution authorizing execution of a Third Party
Administration contract for Workman's Compensation claims
•
RESOLUTION NO. R- 2008 -143, A RESOLUTION authorizing and ratifying the action
of the City Manager of the City of Yakima to execute a Workers' Compensation Third
Party Administrator's Claim Services Agreement with Intermountain Claims, Inc., for
administration of the City's workers' compensation claims.
*19. Consideration of Resolution authorizing acceptance of federal funds through the
Department of Justice:
A. Authorizing execution of agreement with the Community Oriented Policing
Services office
RESOLUTION NO. R- 2008 -144, A RESOLUTION ratifying acceptance of federal
funding in the amount of $355,414.00 from the United States Department of Justice,
Community Oriented Policing Services office, for a three -year crime suppression and
prevention project titled "Second Chance Yakima ", and designating and authorizing the
City Manager to act as the official representative of the City of Yakima and to take
such additional steps, including but not limited to execution of all necessary documents
and contracts as may be necessary and prudent to -complete transactions associated
with the grant.
B. Ratifying the agreement with the Bureau of Justice Assistance.
• RESOLUTION NO. R- 2008 -145, A RESOLUTION ratifying acceptance of federal
funding in the amount of $21,478 from the United States Department of Justice,
Bureau of Justice Assistance, for assistance with training in the area of Gang
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OCTOBER 7, 2008
Prevention and awareness and designating and authorizing the City Manager to act •
as the official representative of the City of Yakima and to take such additional steps,
including but not limited to execution of all necessary documents and contracts as may
be necessary and prudent to complete transactions associated with the grant.
*20. Set Date of Closed Record Public Hearing for October 21, 2008 for consideration
of an appeal of the Hearing Examiner's decision approving a home occupation
Bed and Breakfast application at 1811 West Yakima Avenue
October 21, 2008 was set as the date of dosed record public hearing to consider an appeal
of the Hearing Examiner's decision approving a home occupation Bed and Breakfast
application at 1811 West Yakima Avenue.
*21. Set Date of Public Meeting for October 21, 2008 for final plat approval for:
A. Marvin Gardens subdivision in the vicinity of 3000 -3100 Hathaway Avenue
October 21, 2008 was set as the date for final plat approval for Marvin Gardens subdivision.
B. Sierra Vista subdivision in the vicinity of South 93`d Avenue and West Walnut
Avenue.
was set as the date for final plat approval for Sierra Vista a
October 21, 2008 p pp
subdivision.
ORDINANCES
*22. First Reading of an Ordinance amending the 2008 budget in various funds for
expenditures supported by grants, fees and assessments (Read ordinance only at
this meeting; second reading scheduled 10/21/08)
A. Police Grants
1. Legends Casino grant
2. WASPC traffic safety grant
3. Yakima County program for tasers and training
4. Washington Traffic Safety Commission
B. Parks and Recreation Fund
1. Harman Senior Center tour program
2. Aquatics programs
C. Downtown Yakima Business Improvement District Fund
D. Tourism Promotion Area (TPA) Fund
An Ordinance amending the 2008 budget in various funds for expenditures supported
by grants, fees and assessments, was read by title only, and laid on the table until
October 21, 2008 for a second reading.
N.
•
23. Other Business
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OCTOBER 7, 2008
Aquatics center
It was suggested that this issue be added to the agenda for the October 21, 2008
business meeting to declare Council's intent to put the aquatics center issue on the
ballot for a public vote. Prior to that Council meeting, a meeting could be scheduled
between the Aquatics Task Force and Council Members Ensey and Lover to answer
some remaining questions they have on the project.
24. Adjournment
CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN TO OCTOBER 14,
2008 AT 8:00 A.M. IN CITY COUNCIL CHAMBERS FOR A STUDY SESSION
REGARDING TRANSIT FARE ADJUSTMENTS. The motion carried by unanimous
voice vote. The meeting adjourned at 7:58 p.m.
READ AND CERTIFIED ACCURATE BY
COUNCIL MEMBER DATE
ATTEST:
CITY CLERK
COUNCIL MEMBER DATE
DAVID EDLER, MAYOR
Minutes prepared by Deputy City Clerk Watkins. A CD and DVD of this meeting are available in the City Clerk's .
Office