HomeMy WebLinkAbout08/05/2008 04A Draft Minutes 06-03-2008 Business MeetingYAKIMA CITY COUNCIL
BUSINESS MEETING
JUNE 3, 2008 — 5:00 P.M.
YAKIMA CONVENTION CENTER
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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, Assistant City Attorney Zabell, City Attorney
Paolella, Assistant City Attorney Harvey. Bob Tenney, outside
counsel, was also present.
MCCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO
EXECUTIVE SESSION. The motion carried by unanimous voice vote.
2. Executive Session — Prospective and Pending Litigation
The Executive Session was held and adjourned at 5:29 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, City Clerk Moore, and
Deputy City Clerk Watkins
2. Invocation /Pledge of Allegiance
Council Member McClure gave an invocation.
3. Open Discussion for the Good of the Order
A. Proclamations — None
B. Special presentations /recognitions
Mayor Edler, Council Member Johnson, and Juven Garcia gave a report
regarding the official visit to Sister City Morelia. Economic development is
the major benefit of sister city visits. A delegation from Morelia is expected to
visit Yakima and, hopefully, open this year's Central Washington State Fair.
C. Status report on prior meeting's citizen service requests — None
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JUNE 3, 2008
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. There were no changes. The City Clerk read the Consent
Agenda items, including resolutions and ordinances by title. CAWLEY MOVED
AND JOHNSON 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
• Special Meeting — March 18, 2008
• Adjourned Meeting — March 25, 2008
• . Business Meeting — April 1, 2008
*B. Consideration of approval of Council Committee Meeting Minutes
• City /County Intergovernmental Committee — May 5 & May 21, 2008
• Economic Development Committee — May 7, 2008
• Public Safety Committee — May 7, 2008
• Neighborhood Development Committee — May 14, 2008
• Budget Committee - May 15, 2008
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5. Audience Participation
• James Parks, 1119 Garfield Avenue, said a tree located on City right -of -way •
has grown into the sewer system causing a sewer back up problem at his
home. He does not agree with the City's claim that it is his responsibility to
remove the tree.
• Bob Cook recently moved to Yakima from Seattle. He encouraged Council to
pass a law making recycling mandatory. He also spoke about graffiti
problems and said he was willing to share how the Capital Hill Council in the
Seattle area handled the problem.
Council Member McClure requested the Transit/Transportation Committee, be
split into two committees and that they hold their meetings on alternate months.
McCLURE MOVED AND EDLER SECONDED TO MOVE THE TRANSIT
COMMITTEE MEETINGS BACK TO PUBLIC WORKS AND NOT HAVE THEM
TELEVISED. The motion failed by a 4 -3 roll call vote; Ensey, Johnson Lover
and Coffey voting nay.
Public Works Director, Chris Waarvick, gave an update on the skate park. They
have been working with Engineering; the bids came in higher than expected due
to the increase in the price of concrete, although they believe they have a
solution. It is their intent to make an award quickly and begin construction.
At 6:30 p.m. the meeting was recessed until 7:00 p.m. for the public hearing phase of the
meeting.
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•7: 00 P.M. -- PUBLIC HEARINGS /MEETINGS
6. Public Meeting for the Final Plat of Englewood West Phase 2, 3, and 4
Vaughn McBride, Associate Planner, said that on April 14, 2008 J &R Enterprises,
submitted the final plat of Phases 2, 3, and 4 of the Englewood West subdivision
for approval. The proposed plat complies with the City Zoning Ordinance, the
Comprehensive Plan and the Subdivision Ordinance of the Urban Area Zoning
Ordinance. A mitigated determination of non significance was issued and not
appealed. Staff is recommending approval of the final plat for Phases 2, 3, & 4
as presented.
Mayor Edler opened the public meeting. No one came forward to speak on the
subject; therefore, Mayor Edler closed the public meeting.
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.
RESOLUTION NO. R- 2008 -83,A RESOLUTION approving the final plat for
Phases 2, 3, and 4 of Englewood West, a 78 -lot subdivision located in the vicinity
of North 74th and Englewood Avenues, and authorizing the Mayor to sign the final
plat for Phases 2, 3, and 4. J &R Enterprises is the applicant herein.
7. Public Hearin to consider declaring the Southeast Communit Center
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(SECC) and Park as surplus City -owned property .
Dave Zabel[, Assistant City Manager, noted that the hearing is part of the
required process when considering surplusing property. The proposal to surplus
the Center was precipitated by a request from Ready -by -Five. The proposal was
reviewed by the City Parks Commission as well as the Neighborhood
Development Committee. The SEPA process was initiated May 14, 2008 and
the City has been receiving comments.
Bill Cook, acting as the SEPA responsible official, reported that five letters were
received during the public comment period. One was from the State Department
of Ecology with regard to a procedural requirement, and four primarily focused on
current programming housed in the facility. Because the public comment period
did not end until 5:00 p.m. tonight, an environmental determination has not been
made. Therefore, it is recommended that the surplusing decision not be acted
upon until a determination is made. Once made, we will advertise the
environmental determination and there will be a 14 -day appeal period.
Rick Linneweh spoke as the President of the voluntary board of Ready by Five
who is working in conjunction with the Gates Foundation, Thrive by Five, and the
Department of Early Education. He explained that the hearing is the result of a
process where, working with the City, they looked at public pieces of property to
• locate the new Early Learning Center facility. The selection criteria for the
property was approximately 3 -5 acres located in the project area and to keep
costs down by partnering with the City. Convenience was also a consideration.
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JUNE 3, 2008
This project will touch the lives of at least 3,500 to 3,700 children in this area,
and will be affecting at least 200 children on a rolling basis. Mr. Linneweh
explained the efforts expended for Yakima to become the recipient of this grant.
He pointed out that, to avoid displacing people in the densely populated target
area, they were looking for open land. Following conversations with the
Economic Development Committee and the Parks Commission, the Southeast
Community Center appeared to meet the needs best. Another premise they had
was for everyone to win. Certainly the children win now, and for the years
ahead; but the families of those children also win, businesses of that community
win, the schools will win by having children that are ready for education, and this
community will win. Up until this point, everything has been done without conflict.
He firmly stated that they have a deep desire that this education facility cannot,
and will not, be born in conflict. We have to be wanted and accepted in an area
for this to go forward.
Helen Marieskind, Executive Director of Ready by Five, gave a short overview of
the project. She also emphasized that Bill and Melinda Gates are not driving the
selection of the site; it is entirely up to the committee. Mr. Linneweh displayed an
architectural diagram showing how the various parts of the facility will operate.
He emphasized that it will be a quality building, a beautiful structure that will
enhance the properties around them. He again emphasized that overall, they
want to be wanted in the area.
• Mayor Edler opened the public hearing at 7:28 p.m.
Tony Sandoval spoke against surplusing the Southeast Community Center and
suggested there be fundraising done to improve the building for its current use.
Ana Maria Gucinun, through a translator, agreed that we need both the new
project and the Southeast Community Center.
Hector Franco commented that it is time for a change at the SECC and made
accusations of nepotism and conflicts of interest while questioning the number of
people actually served.
David Wayeneth said there needs to be input from the youth who are currently
benefiting from the programs at the SECC. He firmly endorses the idea of the
educare center, but we also need something for kids five and above. He said
there must be a community center to combat the gang issue.
Joya Marzette, supports the Ready by Five project but does not support tearing
down the Southeast Community Center. John Carter does not support
surplusing the center. James Parks pointed out that the City has expended a lot
of money on the SECC over the last few years and to tear it down would be
suspect. He also claimed the reason the center doesn't have enough programs
is because the City doesn't give them any money.
Clara Eustis, wants to be sure the library service is continued. Kathy Medford
hopes the new and the old could be combined into one facility.
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JUNE 3, 2008
Luz Gutierrez is supportive of the Ready by Five program and of having a facility
built on east side of Yakima. She noted that a majority of the population on the
southeast side of Yakima speak primarily Spanish. The young population will
need a lot of help. In her opinion, the current center is dysfunctional and more
Hispanics need to be involved.
Nicole Surber expressed doubt that the list of stake holders who are in support of
bringing the foundation to Yakima would be in support of tearing down the
community center. She questioned why the SECC is a more viable site than
others that were considered.
Nick Hughes is against eliminating the community center and, although supports
the new project, he expressed concern that it would benefit only a narrow group
of people. He also suggested limiting services to legal citizens.
Barba Greco, For a Better Tomorrow, spoke fondly of the SECC and her family's
volunteer efforts there; but, times change, needs change, resources dwindle,
necessitating life changes. She and her husband realize it is not the physical
building they love and feel drawn too, but it is the people who have come out of
there. She felt it was reassuring that the leadership of both Thrive by Five and
the SECC have already thought about where to relocate programs that will be
displaced
Tammy Soderberg said she heard Mr. Linneweh say the Ready by Five program
• does not want to go where there is conflict; but this is a huge conflict.
Pastor Rosetta Horne spoke of all the people who gave their lives, homes and
property to build the Southeast Community Center. Tearing down the facility
would take away their heritage. Dr. Michael Horne gave some history of the
center and that the word "surplus" was an offense. He felt compromises were
being made for the sake of money and that change is necessary but it has to
start at the top.
Bobbie Carter feels Ready by Five should find a different site. He asked why the
SECC, being run by the OIC, does not have a community advisory board. He
would like to have the center enhanced rather than demolished.
Daphine German commented that the community center never has graffiti on it
because the kids love it so much. The solution is not tearing down the center,
but we should try to improve it. Asia Munir questioned how the center could be
considered surplus when it is always being used. She suggested using an area
on South 6th Street, by Arlington, and how it would improve the area if it was
placed there. Jessie Santos spoke of her memories at the center and claimed
you can't sacrifice many to save a few.
A short break was taken at 8:34 p.m.
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JUNE 3, 2008
Following the break, Rick Linneweh requested the opportunity to speak; a •
summary of his comments follow:
We are touched by the comments that have been made
here and heartened by the support for Ready by Five. We
recognize the fact that there is opportunity for existence of
community centers and for Ready by Five child care. I
started this evening with the statement that we did not, and
will not, be born in conflict. It is very evident there is
conflict. We don't want this to be a fight between your
constituents and you and our efforts. Please let us look for
other alternatives.
Mayor Edler responded that there is no longer a need to declare the Southeast
Community Center surplus. He went on to say that one of the wonderful things
about being a City Council member is hearing people's passions. Speaking on
behalf of the Council, but more specifically himself, he questioned whether those
who made passionate comments about the SECC have been in that center for a
long time. They have not served it in a long time, nor have they been a part of
the blood, sweat and tears to keep it moving. He challenged them, if they are
truly interested in seeing it be the jewel that they declare it is, to roll up their
sleeves, because the city can no longer continue to supplement it.
• Mayor Edler closed the public hearing at 8:52 p.m.
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CITY MANAGER'S REPORTS
*8. Consideration of a joint City- County Resolution authorizing federal Yakima
Air Terminal entitlements exchange with Pasco Airport
RESOLUTION NO. R- 2008 -84, A JOINT RESOLUTION OF THE CITY OF
YAKIMA AND YAKIMA COUNTY authorizing the execution of and ratifying the
signature of Buck Taylor, Airport Manager, on an Agreement for Transfer of
Entitlement Funds from the Yakima Air Terminal — McAllister Field, an agency of
the City of Yakima and Yakima County, to the Port of Pasco, Tri Cities Airport in
accordance with Section 47117(c)(2) of Title 49 U.S.C., and as authorized by and
Federal Aviation Administration.
*9. Consideration of a Resolution authorizing execution of a Temporary
Parking Easement in favor of Lady Liberty, LLC
RESOLUTION NO. R- 2008 -85, A RESOLUTION authorizing the City Manager
and the City Clerk of the City ofYakima to execute a "Temporary Parking
Easement" in favor of Lady Liberty, LLC.
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JUNE 3, 2008
• *10. Consideration of a Resolution authorizing execution of a professional
services agreement with Ruegsegger Polygraph Service to provide
polygraph services to the Yakima Police Department
RESOLUTION NO, R- 2007 -86, A RESOLUTION authorizing and directing the City
Manager to execute a professional services agreement between the City of Yakima and
Randy Ruegsegger for the provision of polygraph services. .
*11. Consideration of a Resolution authorizing execution of a contract with
Golder and Associates for design of the Gardner Park Well
RESOLUTION NO. R- 2008 -87, A RESOLUTION authorizing the City Manager to
execute the attached and incorporated engineering and consulting services
agreement with Golder Associates, Inc for engineering and consulting services
associated with the design and preparation bid documents for the Gardner Park
Well; also authorizing the execution of other documents related to the design,
contract administration and construction associated with completion of the
Gardner Park Well.
*12. Consideration of a Resolution authorizing execution of a professional
services agreement with Conley Engineering, Inc., to assess electrical
needs for the Yakima Downtown Initiative Project Phase 3 (Central
Business District Street Segments)."
RESOLUTION NO. R- 2008 -88, A RESOLUTION authorizing and directing
the City Manager and City Clerk of the City of Yakima to execute a
professional services agreement in an amount not to exceed $19,000 for
assessment of existing electrical uses, determination of new electrical
needs, design and diagrams of all new electrical needs on Phase 3 of the -
Yakima Downtown Initiatives Project that includes one and two block street
segments within the Central Business District.
*13. Consideration of Resolution authorizing the assignment of City of Yakima
Contract No. 2006 -70 for Employee Assistance Program (EAP) services
from AJ Consultants to Central Washington Comprehensive Mental Health
RESOLUTION NO. R- 2008 -89, A RESOLUTION consenting to and authorizing the
assignment of City of Yakima Contract No. 2006 -70 for Employee Assistance Program
(EAP) services from AJ Consultants to Central Washington Comprehensive Mental
Health effective July 1, 2008.
*14. Consideration of a Resolution declaring PVC pipe used on the Washington
Avenue and River Road projects as surplus and authorizing donation to the
City Of Union Gap's Valley Mall Boulevard Extension Phase 3 project
RESOLUTION NO. R- 2008 -90, A RESOLUTION declaring the PVC pipe
used for trench dewatering during sanitary sewer pipe installation on the
Washington Avenue and River Road projects as surplus and authorizing
donation of the pipe to the City of Union Gap's Valley Mall Boulevard
Extension, Phase 3 Project. (Valley Mall Project)
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JUNE 3, 2008
*15. Consideration of Notice of Intent to commence annexation proceedings by •
Doug Metz for 1.74 acres located at North 96th Avenue between Chestnut
Avenue and Summitview Avenue (adopt Standard Motions A & B)
June 3, 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
party being Doug Metz. 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, and staff was directed to file a Notice of Intent to
Annex with the Yakima County Boundary Review Board.
*16. Consideration of Notice of Intent to commence annexation proceedings by
Harris Farms for .88 acres located at 5313 Scenic Drive (adopt Standard
Motions A & B)
June 3; 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 Harris Farms. 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, and staff was directed to file a Notice of Intent to
Annex with the Yakima County Boundary.Review Board.
*17. Consideration of Final Contract Payments:
A. Glenn Drive Reservoir Irrigation Pump Station Improvements (Adopt
Standard Motion V -B — accept project; and approve final payment)
The report from the Huibregtse, Louman Associates, Inc,.dated April 4, 2008
, with respect to the completion of the work on the Glenn Drive Reservoir
Irrigation Pump Station Improvements, performed by P.O.W. Contracting,
was approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
B. Level 2 Domestic Water System Improvements Phase 2 (Adopt
Standard Motion V -B — accept project, and approve final payment)
The report from the Huibregtse, Louman Associates, Inc, dated May 6,
2008, with respect to the completion of the work on the Level 2 Domestic
Water System Improvements — Phase 2, performed by TTC Construction,
LLC, was approved, the work accepted and payment of the final estimates
as therein set forth was authorized.
*18. Set date of Public Hearing for June 10, 2008 at 7:00 p.m. to consider the
results of the Washington State Auditor's Office performance audit report
on providing public records to citizens
June 10, 2008 was set as the date of public hearing to consider the results of the
Washington State Auditor's Office performance audit report on providing public records
to citizens.
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JUNE 3, 2008
*19. Set date of closed record public hearing for July 1, 2008 at 7:00 p.m. on the
Preliminary Plat Phase 1 of Washington Heights
July 1, 2008 was set as the date of closed record public hearing to consider the
Preliminary Plat Phase 1 of Washington Heights
*20. Set date of open record public hearing for July 1, 2008 at 7:00 p.m. on a
right -of -way vacation petition by Larry Loveless and WCS
Enterprises /Chuck Johnson
July 1, 2008 was set as the date of open record public hearing to consider a
right -of -way vacation petition by Larry Loveless and WCS Enterprises /Chuck
Johnson
*21. Set date of public hearing for July 1, 2008 at 7:00 p.m. to consider a request
by the Yakima Greenway Association for a Public Agency and Utility
Exception under the City of Yakima's Critical Area Ordinance
July 1, 2008 was set as the date of public hearing to consider a request by the
Yakima Greenway Association for a Public Agency and Utility Exception under
the City of Yakima's Critical Area Ordinance
22. Other Business
• No other business was brought before the Council.
23. Adjournment
CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN. The motion
carried by unanimous voice vote. The meeting adjourned at 8:52 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
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