HomeMy WebLinkAbout08/05/2008 04A Draft Minutes 06-10-2008 Business MeetingYAKIMA CITY COUNCIL
BUSINESS MEETING
JUNE 10, 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, City Attorney Paolella
2. Executive Session — Property acquisition
Executive Session was held and adjourned at 5:40 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, City Attorney Paolella and Deputy City Clerk
Watkins
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
B. Special presentations / recognitions
C. Status report on prior meeting's citizen service requests
D: Appointments to Boards and Commissions
JOHNSON MOVED AND CAWLEY SECONDED TO APPOINT THE
FOLLOWING:
• Bill Wheeler— Air Terminal Board
• Alan Adolf— Bicycle/Pedestrian Advisory Committee
• Melanie Gilmore — Charter Civil Service Commission
• Bob Mason - Community Review Board
• Julie Smith — Rene_ wal Community Commercial Revitalization
• Maureen Adkison — Parks and Recreation
• Angie Girard — Public Facilities District
• • Scott Irons — Historic Preservation Commission
The motion carried by unanimous voice vote.
JUNE 10, S008
Assistant Mayor Cawley announced the need for more volunteers for remaining •
vacancies on the Community Review Board, the Parks & Recreation
Commission, and the Historic Preservation Commission. He also noted
volunteers will be required for Southeast Community Center Advisory Board
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, 11, and 12 were added to the Consent Agenda.
The Deputy City Clerk read the Consent Agenda items, including resolutions and
ordinances by title. CAWLEY MOVED AND ENSEY 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
• Adjourned Meeting — April 8, 2008
The minutes from the April 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
• City/County Intergovernmental Committee — June 2, 2008
• Transit/Transportation Committee — May 21, 2008
The Council Committee Meeting minutes were approved. •
5. Audience Participation
No one came forward to speak.
7: 00 P.M. -- PUBLIC HEARINGS / MEETINGS
6. Public Hearing and consideration of an Ordinance to establish the Yakima
Revenue Development Area for the Washington State Local Infrastructure
Financing Tool (LIFT) program
Michael Morales, Deputy Director of Community and Economic Development,
introduced the ordinance that will allow a Local Infrastructure Financing Tool
Program (LIFT) to be used to prepare the Boise Cascade site to accelerate
redevelopment of the area. The application will be submitted by June 30, 2008
with the decision expected by the end of the year. The LIFT program allows
cities to finance infrastructure projects by using the increase of state local sales
and property tax revenue related to a specific development area to pay debt
service. The maximum state contribution is $1 million per year that must be
matched by the City. The ordinance proposes 556 acres of private and public
property to be the Revenue Development Area (RDA). The public hearing is to
simply establish the RDA. Mr. Morales pointed out two additions to the
ordinance, under Section 7 of the Findings, items i) and j) and explained each.
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JUNE 10, S008
• Mayor Edler opened the public hearing
Lynne Kittelson, 305 N. 9'h Street, complained that citizens are still in the dark
as to what is happening and who the principal players are. She is concerned
about the potential impact on the neighborhood, especially with increased
traffic. She stated that the historic neighborhood must be kept in tact and
should be part of the partnership.
Dr. James Dodge written comments to the Council members. He supports the
ordinance, although he had concerns about the table on page 2 of the agenda
statement that refers only to commercial development and does not mention
residential, office or light industrial development He suggested that, before
entering into a contract with private developers, the City develop its own vision
and recognize the importance of the inclusion of high density housing to
encourage more people to live downtown.
Lynne Kittelson rebutted Dr. Dodge's suggestion of high density housing
pointing out the impact it would have on the schools in the area.
Al Brown, Yakima Greenway, said their Executive Board reviewed the proposal
and are very excited to be a part of it.
• Mayor Edler closed the public hearing
• The Deputy Clerk read the ordinance by title; CAWLEY MOVED AND
McCLURE SECONDED TO APPROVE THE ORDINANCE. The motion carried
by unanimous roll call vote.City Manager Zais commented that this ordinance is
the beginning step that opens the door for State financing. Development of the
area will still go through the public process that will also create a development
agreement and a SEPA process. The points made by the citizens should be
addressed during the process.
ORDINANCE NO. 2008 -28, AN ORDINANCE creating the Yakima Revenue
Development Area pursuant to Chapter 39.102 RCW (Local Infrastructure
Financing Tool Program)
7. Public Hearing to consider the results of the Washington State Auditor's
Office performance audit report on providing public records to citizens
Dave Zabell, Assistant City Manager, explained that the hearing is a
requirement of Initiative 900, and is to review the results of the recent
performance audit. He describe how the Auditor's office conducted a blind audit
evaluating the City's responses to public disclosure requests. He introduced
Jodi Stephens, the City's Public Records Officer, who was instrumental in the
City's high performance rating.
Chris Cortinez of the State Attorney General's office described the audit process
used. The City of Yakima compared well against the other entities tested. His
only advice was to keep on doing what we are doing.
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JUNE 10, S008
The public hearing was opened and closed with no citizens coming forward to
speak. 0
CAWLEY MOVED AND JOHNSON SECONDED TO ACCEPT THE REPORT.
The motion carried by unanimous voice vote.
CITY MANAGER'S REPORTS
*8. 2007 Annual Report of the City of Yakima Fire Department
The Fire Department's 2007 Annual Report was approved.
9. Staff report regarding proposed debt financing for 2008 Engineering, and
Streets/Traffic projects and financing for a new Fire Department ladder
truck
City Manager Zais gave background information regarding the issuance of a
$2,050,000 bond for the design and construction of four capital improvement
projects. He addressed additional challenges in funding pedestrian crossings,
specifically at 16'h and Hathaway. Avenues. DSHS has proposed to contribute
$120,000 toward this crossing. Another part of the proposal is funding the
purchase of a Fire ladder truck. They had hoped to purchase it using cash
reserves in the Fire capital fund and allocation of future REET 1 dollars. They
learned that neither REET 1 nor 2 dollars can be used for the acquisition of fire •
apparatus. They strategized on how to reallocate dollars within the system in a
way to use the REST 1 dollars. The proposal is to shift the debt service portion
on the improvements on the 72nd Avenue fire station to be covered by REET 1,
thus freeing up general fund dollars to apply for an increase in the bond for debt
service for the ladder truck. Using the reserve from the Fire capital budget,
$150,000 of general funds and the addition to the bond, they feel they can
acquire the ladder truck.
Council Member McClure complimented the City Manager on the creativity of
bundling projects to make the money work. JOHNSON MOVED AND CAWLEY
SECONDED TO APPROVE THE REPORT. The motion carried by unanimous
voice vote.
10. Consideration_ of a Resolution authorizing execution of an architectural
services agreement with LCA Architects to conduct a feasibility study
addressing the need and advisability of replacement of the existing Yakima
Police Department substation
Lt. Gary Belles introduced the Police Department substation project and
identified the need for a feasibility study. The cost of the study will not exceed
$35,000. City Manager Zais advised that $80,000 is earmarked for the full
project. The Deputy Clerk read the resolution by title; McCLURE MOVED AND
CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous voice vote. •
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JUNE 10, S008
RESOLUTION NO. R- 2008 -91, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute an Architectural Services
Agreement with LCA Architects, P. A. of Boise, Idaho to conduct a feasibility
study addressing the need and advisability of replacement of the Yakima Police
Department Substation currently located at the Yakima Airport.
*11. Consideration of a Resolution authorizing an amendment to the contract
with Berger Abam regarding the Grade Separation Project
RESOLUTION NO. R- 2008 -92, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an additional (fourth) supplemental agreement
with BERGER/ABAM Engineers, Inc., for engineering and consulting services
for the Railroad Grade Separation Project. .
*12. Consideration of a Resolution authorizing execution of a professional
services agreement with Surdex Corporation to provide UDAR data
acquisition and processing for high accuracy mapping and modeling
applications
RESOLUTION NO. R- 2008 -93, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute a
professional services agreement with Surdex Corporation in an amount not
to exceed $136,000 to provide UDAR data acquisition and processing.
• *13. Consideration of approval of first quarter 2008 Finance reports:
A. Revenue and Expenditure Report
B. Accounts Receivable
C. Treasury Report
The reports were accepted.
*14. Consideration of a Resolution authorizing execution of a Release and
Settlement Agreement to resolve and settle the claim for damages filed by
Crystal Dodge
RESOLUTION NO. R- 2008 -94, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to execute a Release and Settlement
Agreement to resolve and settle the claim for damages filed with the Yakima
City Clerk by Crystal L. Dodge.
*15. Consideration of a Resolution authorizing execution of an addendum to an
agreement with Central Washington Occupational Medicine for the
provision of drug and alcohol testing and physical examination services for
Transit employees
RESOLUTION NO. R- 2008 -95, A RESOLUTION authorizing and
directing the City Manager of the City of Yakima to execute an
Addendum to an Agreement with Central Washington Occupational
• Medicine for the provision of drug and alcohol testing and physical
examination services through July 31, 2009.
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JUNE 10, S008
*16. Consideration of an application from Lake Aspen Enterprises /Borton CA •
Storage for a right -of -way use permit to place screening in the City right -of-
way at 1725 River Road and 1800 River Road
The application was accepted..
*17. Consideration of a Resolution authorizing execution of a contract
amendment with KRAFT CONSULTING to extend the Healthy Families
Yakima program for an additional year
RESOLUTION NO. R- 2008 -96, A RESOLUTION authorizing and directing the
City Manager of the City of Yakima to amend the City of Yakima Greater Yakima
Valley Healthy Marriage and Responsible Fatherhood Community
Demonstration Initiative Professional. Services Agreement with Kraft Consulting,
a business located in the City of Yakima, serving as the Executive Director for
the °Greater Yakima Valley Healthy Marriage and Responsible Fatherhood
Community Demonstration Initiative" child support enforcement demonstration
project.
*18. Consideration of a Resolution transferring a surplus used police vehicle to
Prosser Memorial Hospital
RESOLUTION NO. R- 2008 -97, A RESOLUTION declaring a used police vehicle
to be surplus and authorizing its transfer to Prosser Memorial Hospital.
*19. Consideration of Final Contract Payment for the General 308 Irrigation
System Phase III, Stage 1 improvements
The report from the Huibregtse, Louman Associates, Inc., dated May 16, 2008,
with respect to the completion of the work on the General 308 Irrigation System
Phase 3 /State 1 Improvements, performed by KRCI, LLC, was approved, the
work accepted and payment of the final estimates as therein set forth was
authorized.
*20..' Consideration of a Resolution authorizing acquisition of right -of -way under
the Transportation Enhancement Grant Program for the William O. Douglas
Trail Connections project
RESOLUTION NO. R- 2008 -98, A RESOLUTION authorizing and directing the City
Manager to acquire right -of -way under the Transportation Enhancement and
Recreation and Conservation Office Grant Programs for the William O. Douglas Trail
Connections Project.
*21. Set date of Public Hearing for July 1, 2008 for the Wellington Phase 4 Final
Plat
July 1, 2008 at 7:00 p.m. was set as the date of public hearing for the Wellington
Phase 4 Final Plat.
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JUNE 10, S008
• *22. Set Dates of Public Hearings for July 1 and July 15, 2008 at 7:00 p.m. to
consider:
A. Adoption of the Six -Year Transportation Improvement Program for
2009 -2014, and to amend the Metropolitan Transportation Plan
B. Amend the Yakima Urban Area Comprehensive Plan Capital
Facilities Element
And the addition of
C. Amend the Yakima Urban Area Comprehensive Plan to identify the
City REET Expenditure Plan
July 1 and July 15, 2008 were set as the dates of public hearings to consider the
adoption of the Six -Year Transportation Improvement Program for 2009 -2014, and to
amend the Metropolitan Transportation Plan; and to amend the Yakima Urban Area
Comprehensive Plan Capital Facilities element
ORDINANCES
23. Consideration of recommendations to amend the posted speed limits on
various arterial streets and an Ordinance amending Section 9.50.370 of the
Yakima Municipal Code
Chris Waarvick, Director of Public Works, referred to the recent speed study
that was conducted as part of the Comprehensive Transportation Plan update.
The two major considerations for speed limit changes are how fast people
currently travel and the safety criteria of the road. The Deputy Clerk read the
ordinance by title; McCLURE MOVED AND CAWLEY SECONDED TO
APPROVE THE ORDINANCE. CAWLEY MOVED AND JOHNSON
SECONDED TO CHANGE 38TH AVENUE BETWEEN TIETON AND NOB HILL,
BEHIND FISHER GOLF COURSE, TO 25 MPH. During discussion it was
pointed out that 38"' Avenue was part of the bike corridor. The motion failed by
a 5-2 roll call vote;,Coffey, Edler, Ensey, Johnson, and McClure voting nay. The
question was called for a vote on the original motion to approve the
ordinance. The motion carried by a 6-1 roll call vote; Cawley voting nay.
ORDINANCE NO. 2008 -291 AN ORDINANCE relating to the regulation of Traffic
and Rules of the Road within Yakima City Limits to change the speed limit of
various streets, add streets that have been annexed into the City of Yakima and
update the name of "B" Street to Martin Luther King Jr. Boulevard; amending
section 9.50.370 Speed Limits of Chapter 9.50 of the City of Yakima Municipal
Code.
24. Consideration of an Ordinances relating to public safety and morals:
A. Repealing Chapter 6.11 entitled, "Criminal Street Gangs and Gang -
related activities," of the City of Yakima Municipal Code
Captain Greg Copeland explained how the State Legislature passed House Bill
2712 entitled "Criminal Street Gangs" and that portions of it preempt the local
ordinance. This ordinance must be passed to repeal the existing ordinance
prior to the new Criminal Street Gang ordinance being adopted. The Deputy
• Clerk read the ordinance by title; McCLURE MOVED AND CAWLEY
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JUNE 10, S008
SECONDED TO APPROVE THE ORDINANCE. The motion carried by •
unanimous roll call vote.
ORDINANCE NO. 2008 -30, AN ORDINANCE relating to Public Safety and
Morals; repealing Chapter 6.11 entitled, "Criminal Street Gangs and Gang —
Related Activities ", which certain portions have been preempted by the recently
adopted Washington State Law relating to Criminal Street Gangs, which goes
into effect June 12, 2008; and repealing Chapter 6.11 of the City of Yakima
Municipal Code.
B. Adopting portions of the newly adopted Washington State Criminal
Street Gangs law effective June 12, 2008; adopting Section 306 of the
Engrossed Second Substitute House Bill 2712; imposing mandatory
minimum sentences for misdemeanor and gross- misdemeanor criminal
street gang - related offenses; and creating a new Chapter 6.11 of the
City of Yakima Municipal Code
The Deputy Clerk read the ordinance by title; JOHNSON MOVED AND
CAWLEY SECONDED TO APPROVE THE ORDINANCE. The motion carried
by unanimous roll call vote..
ORDINANCE NO. 2008 -31, AN ORDINANCE relating to Public Safety and
Morels; adopting portions of the newly adopted Washington State Criminal
Street Gangs law (HB 2712), effective June 12, 2008, including definitions for
the terms, "criminal street gang", "criminal street gang associate or member",
"criminal street gang — related offense, and "pattern of criminal street gang
activity"; adopting HB 2712 Section 306, which will be codified as RCW number
to be assigned), dealing with criminal street gang tagging and graffiti; and
imposing mandatory minimum sentences for misdemeanor and gross -
misdemeanor criminal street gang - related offense; and creating a new Chapter
6.11 of the City of Yakima Municipal Code.
*25. Consideration of an Ordinance authorizing the City to lease to Noel
Communications, Inc. access to and space within the conduit system
located under Yakima Avenue
ORDINANCE NO. 2008 -32, AN ORDINANCE authorizing the City to enter into
an agreement specified in the Ordinance with Noel Communications, Inc..
( "Noels} for the purpose of leasing to Noel access to and space in the conduit
within the conduit system owned by the City of Yakima that is located under the
sidewalks along Yakima Avenue from Ninth Street to Seventh Avenue in the
City of Yakima, Washington, for the purpose of Noel's installing, operating and
maintaining Noel's fiber optic cable, in exchange for consideration as described
in the Ordinance; and setting forth provisions, terms and conditions
accompanying the access to and space in the conduit; and setting an effective
date.
26. Other Business
Assistant Mayor Cawley reminded the public of the Summer Kick Off Cruise
on June 21". •
Council Member McClure promoted the Arboretum's Garden Tour to be held
this weekend.
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JUNE 10, S008
• City Manager Zais reminded Council of the AWC meeting to be held in
Yakima next week celebrating its 75 year.
• City Manager Zais announced that City Attorney Paolella has been
appointed to the Eastern Washington Growth Management Hearings Board
by Governor Gregoire effective July 1, 2008.
•
27. Adjournment
CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN. The motion
carried by unanimous voice vote. The meeting adjourned at 7:50 p.m.
READ AND CERTIFIED ACCURATE BY
ATTEST:
CITY CLERK
COUNCIL MEMBER DATE
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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