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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 'Z:iIC�il 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 • 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 • 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. • E JUNE 3, 2008 •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 Hearing 9 Y (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. 3 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. F11 • C� 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. • 5 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. • 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. • C 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) 7 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. • I 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 • 9