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Home My WebLink About07/06/2010 04A Draft Minutes 05-04-2010 Business Meeting1_/ -A `- / YAKIMA CITY COUNCIL BUSINESS MEETING MAY 4, 2010 COUNCIL CHAMBERS – YAKIMA CITY HALL 5:00 P.M. – EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session Prospective Litigation A. Prospective Litigation B. Property Acquisition C. Collective Bargaining The Executive Session was held and adjourned at 5:57 p.m. 6:00 P.M. – BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, Acting City Attorney Harvey and City Clerk Kloster 2. Invocation /Pledge of Allegiance Council Member Ettl gave an invocation and led the Pledge of Allegiance 3. Open Discussion for the Good of the Order A. Proclamations 1. Your Canyon for a Day Bike Tour– May 23, 2010 Council Member Ensey read the proclamation. 2. National Day of Prayer - May 6, 2010 Mayor Cawley read a proclamation, which Linda lasella and Michelle Strobel accepted. 3. National Historic Preservation Month —May 2010 Council Member Lover read a proclamation. 4. National Public Works Week– May 16-22,2010 Council Member Ettl read a proclamation.. City employees Dave Zabell, Chris Waarvick, Dave Brown and David Schneider accepted .it. 5. Peace Officer's Memorial Day– May 15, 2010 Assistant Mayor Coffey read a proclamation accepted by Police Chief Granato. 4. MAY 4, 2010 B. Presentations /recognitions /introductions Gabriella Martinez, Miss Cinco de Mayo, spoke about last weekend's celebration and thanked the sponsors and volunteers. She noted the events provided a scholarship for her to continue her education. C. Status reports on prior meeting's citizen service requests 1. ADA parking issues at Bob's Burgers and Brew and Walgreens (Nob Hill Blvd.); Downtown Futures Initiative Phase II funding (Mike Hunnel) Community and Economic Development (CED) Director Michael Morales reviewed the report addressing Mr. Hunnel's issues. Both businesses were contacted and will rectify any violations that exist. The report also included information regarding funding for Downtown Futures Initiative Phase II. 2. Barge /Chestnut Association traffic calming devices (Walt Ranta) Public Works Director Chris Waarvick advised implementation of the neighborhood traffic calming plan will be done in conjunction with Yakima Valley Memorial Hospital's campus plan. A public hearing will be held prior to implementing traffic calming devices in this area. 3. Gentlemen's Club application (Al and Susan Maza) CED Director Michael Morales stated a public hearing before the Hearing Examiner is set for May 28, 2010 on this issue. 4. 911 Service (Charles Noel) Public Safety Communications Manager Wayne Wantland reviewed the circumstances of the complaint and briefly explained the process used for taking 911 calls. Consent Agenda Mayor Cawley 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 13 and 19 were removed and items 6B, 6C, 6D, 8, 9, 18 and 20A, were added to the Consent Agenda.. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY 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 Meeting Minutes — None *B. Consideration of approval of Council Committee Meeting Minutes 1. City /County Intergovernmental Committee — March 23, 2010 2. Council Neighborhood Development Committee —April 7, 2010 3. Council Economic Development Committee — April 14, 2010 4. Council Transit - Transportation committee —April 15, 2010 5. Council Rules and Procedures Committee —April 21, 2010 6. Council Public Safety Committee - -April 21, 2010 2 r u • CO MAY 4, 2010 The Council Committee meeting minutes were approved. 5. Audience Participation Danny Fergusen and Eugene McAlpine asked for a revision to the current one - hour parking policy at Chestnut Manor. Mr. McAlpine also complained that they had never been contacted by the Parking Commission as they were supposed to have been to discuss this change prior to it happening. He requested permission to buy parking permits for that area as is allowed near the Cascade and Savoy Apartments. • Richard Marcley addressed the Council again on the clearview triangle ordinance that affects his property. He said he was not contacted about the April 15th meeting of the Transit and Transportation Committee, although he saw it on YPAC. He felt the City presentation was disingenuous. He referred to a comment made that a "metric for reason" would be used and he would like to know what that is. He reiterated what has been done to date and the current requirements that are being applied. He compared the City ordinance with others in the state and Yakima is the only city he can find with two clear- vision triangles. He then itemized various requirements across the state. He claims the City's ordinance is Draconian with a major impact on small properties. He is hoping a site visit will result in compliance. Council Member Edler has done a site visit and spoke in support of what he has done to alleviate the clearview issue. • Robbie Byrne and Betty Rohrich complained about the immigration March on May 1 and the Police Chief's involvement. They alleged he was disrespectful to counter demonstrators. • Bill Duerr, 3206 Yakima Avenue, stated his concerns about current gang suppression and requested an emphasis in police patrol in targeted areas. • Mike Hunnel spoke again about ADA van parking spaces and access aisles. • Thomas McCormick objected to people riding bikes with motors attached who are speeding and don't have a license. He would like Amtrak to provide passenger service through Yakima to Seattle. CITY MANAGER'S REPORTS 6. Reports and Recommendations from the Council Public Safety Committee and consideration of legislation regarding: A. Red light camera enforcement program Chief Granato reviewed the report and recommendations. He said staff takes a neutral position on the red light cameras, but feel the school zone cameras are especially important. Those cameras could free up police resources that'could then be deployed toward gang enforcement. He claimed it is not a revenue issue but an issue of safety. 3 MAY 4, 2010 The following citizens expressed their views on the issue: Brad Rasmussen, Roy Robeck, Evelyn Williams, Michael Warner, Wayne Montgomery, Lynn Harden, Jerry Walters, and Richard Dissarne. Three citizens spoke in favor of red light cameras while five spoke against them. Council Member Adkison explained the issue was brought forward entirely based on safety and without thought of revenue. A point that came out of the discussion was the inconsistency of the timing of yellow lights around the city. Citizens felt that standardizing them may increase safety. Public Works Director Waarvick explained that the lights are set to standards and there are various reasons for the timing of light cycles, e.g. location, emissions, time of day. He committed to supplying Council with information on traffic light timing in the City. EDLER MOVED AND ENSEY SECONDED TO DISCONTINUE DEBATE AND CONSIDER RED LIGHT CAMERA INSTALLATION. The motion carried by unanimous roll call vote; Adkison and Ettl voting no. *B. Central Washington Comprehensive Mental Health Crisis Intervention Team Diversion Program *C. Resolution authorizing execution of a contract with Wardell Architects to conduct a study to expand and update the Yakima Police Athletic League building Maud Scott stated the community needs more small youth centers and suggested using school gymnasiums for youth activities rather than allowing adults to use the facilities. RESOLUTION NO. R- 2010 -51, A RESOLUTION authorizing and directing the City Manager to execute a Contract between the City of Yakima and Wardell Architects for a study to expand and update the current Yakima Police Athletic League facility *D. Set date of public hearing for May 18, 2010 regarding 23rd Avenue and Lincoln Avenue pathway closure May 18, 20.10 was set as the date of public hearing regarding 23rd Avenue and Lincoln Avenue pathway closure 7. Consideration of an Ordinance adding new section 2.20.160, "Temporary Furloughs, ". to the Yakima Municipal Code Chapter 2.20, "Salaries ". and declaring a period of financial distress City Manager Zais reviewed the proposal and recommendation to furlough non- union represented employees. The issue came forward through the Council Budget and Finance Committee. Although this is only for the management group, the City is involved in collective bargaining with the unions as well. The furlough proposal is a temporary measure that would expire at the end of 2011 or upon earlier repeal by the City Council. If necessary, it could be extended by the City Council beyond the year 2011. 4 MAY 4, 2010 The'City Clerk read the motion by title only; CAWLEY MOVED AND COFFEY .:.SECONDED TO PASS THE ORDINANCE. Following much discussion, Council Member Ensey stated he believed Council should also be involved in cost savings and will contribute 2% of his monthly salary to the General Fund. Other Council Members agreed to do the same. The motion carried by a 4 -3 roll call vote; Edler, Ensey, and Lover voting no. ORDINANCE NO. 2010 -21, AN ORDINANCE of the City of Yakima declaring a period of financial distress as a result of the Statewide and local economic recession and reduced revenues which require reductions in expenditures in the City's General Government and related Funds, including employee compensation, and thereby necessitating the implementation of an unpaid furlough program for specific exempt and non - exempt employees of the management group as defined in Section 2.20.115(2) of the City of Yakima, thus adding new section 2.20.160 "Temporary Furloughs" to City of Yakima Municipal Code Chapter 2.20, "Salaries." *8. Consideration of a Resolution authorizing execution of- documents and. agreements pursuant to a 50 %.principle forgiveness loan offer from the Department of Ecology State Revolving Fund totaling $1 million and for a loan application to the Washington Public Works Trust Fund for $5 million RESOLUTION NO. R72010 -52, A RESOLUTION authorizing the City Manager to execute documents and agreements pursuant to a loan and grant offer from the Department of Ecology of 50% principle forgiveness loan totaling $1 million and to a loan application to the Washington Public Works Trust Fund (PWTF) for $5 million. *9. Consideration of a Resolution authorizing execution of an interlocal agreement with the City of Union Gap for wastewater services RESOLUTION NO. R- 2010 -53, A RESOLUTION authorizing and directing the City Manager to execute an Interlocal Agreement between the City of Yakima and the City of Union Gap for wastewater services. *10. Consideration of a Resolution authorizing execution of an eighteen -month agreement with the Yakima School District for four school resource officers RESOLUTION NO. R- 2010 -54, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an interlocal School Resource Officer Agreement with Yakima School District No. 7 for the continuation of the school resource officer program. *11. Consideration of a Resolution authorizing execution of a personal services agreement with Staged Right Scenery to provide services related to the stage rigging system at the Capitol Theatre RESOLUTION NO. R- 2010 -55, A RESOLUTION authorizing the City Manager to execute a personal services agreement with Staged Right Scenery to provide repair, consulting and supervision services related to the stage.rigging system at the Capitol Theatre. 5 MAY 4, 2010 *12. Consideration of a Resolution authorizing execution of a Release and Settlement Agreement to resolve and settle the claim for a talc refund filed by Cost Management Services RESOLUTION NO. R- 2010 -560 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 a tax refund filed with the City by Cost Management Services, Inc. ( "CMS "). 13. Consideration of a resolution declaring surplus two Athey street sweepers and authorizing the City Manager to dispose of these sweepers in a manner most beneficial to the City of Yakima The City Clerk read the resolution by title only. LOVER MOVED AND ENSEY SECONDED TO CHANGE THE TITLE OF THE RESOLUTION TO ADD "WITH PREFERENCE TO CITIES WITHIN THE YAKIMA RIVER BASIN." Public Works Director explained the situation with regard to disposing of the worn out sweepers and how they may not be wanted by those cities, but will do the research to see if that is' possible. The motion carried by unanimous roll. call vote. RESOLUTION NO. R- 2010 -57, A RESOLUTION declaring two Athey Model M -D9 AHL -2 street sweepers surplus to the needs of the City of Yakima, and authorizing their sale in a manner most beneficial to the City of Yakima *14. Consideration of a Resolution authorizing execution of documents and agreements pursuant to a loan application to the Washington Public Works Trust Fund to drill an automated meter reading system RESOLUTION NO. R- 2010 -58, A RESOLUTION to authorize the City Manager to execute all necessary documents to complete and submit an application for a loan from the Washington State Public Works Trust Fund in the amount of $5,000,000 for an Automated Meter Reading System, and, if the loan application is approved, to execute all necessary certifications, agreements and other documents to complete the loan transaction *15. Set date of public hearing for May 18, 2010 to consider the Shewmaker Annexation May 18, 2010 was set as the date of a public hearing to consider Shewmaker annexation. *16. Set date of public hearing for May 18, 2010 to consider the Zeigler annexation May 18, 2010 was set as the date of a public hearing to consider Zeigler annexation. • I. MAY 4-1,2010 ORDINANCES 17. Recommendations from the. Council Intergovernmental Committee and Rules and Procedures Committee on ordinance amendments to various sections of the Yakima Municipal Code Title 1; Title 14; Title 15 and. Title 16 to establish the City of Yakima Planning Commission, replacing the Regional Planning Commission Michael Morales, Director of Community and Economic Development, clarified that the recommendation from the Rules and Procedures subcommittee for the City Planning Commission members being city residents is part of state law as is the statement declaring the mayor be the appointing member of Council for the commission to be ratified by the full Council. LOVER MOVED AND ENSEY SECONDED TO WAIVE THE RESIDENCY REQUIREMENT TO ALLOW EXISTING MEMBERS OF THE REGIONAL PLANNING COMMISSION TO SERVE ON THE CITY PLANNING COMMISSION. Concern was expressed about the loss of the technical expertise of the existing RPC members. Following discussion, the motion failed by a 4 -3 roll call vote; Ettl, Cawley, Coffey, and Edler voting no. The City Clerk read the ordinance by title; EDLER MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. John Hodkinson Chairman of the existing RPC, spoke against the development of an advisory group to the Planning Committee. The motion carried by a 5 -2 roll call vote; Lover and Ensey voting no. ORDINANCE NO. 2010 -22, AN ORDINANCE relating to establishing the "City of Yakima Planning Commission" to replace the. Yakima Urban Area Planning Commission, deleting references to it and to the Urban Yakima Area Regional Planning Agreement; and specifically amending Yakima Municipal Code Title 1, Chapter 1.42, Planning Commission, sections 1.42.005, 1.42.010, 1.42.020, 1.42.025, 1.42.026, 1.42.027, 1.42.030, 1.42.050 and 1.42.070; Title 1, Chapter 1.43, Hearing Examiner, section 1.43.180; Title 14, Chapter 14.05, General Provisions, section 14.05.070; Title 15, Chapter 15.20, Administration, sections 15.20.030, 15.20.050 and 15.20.060; Title 15, Chapter 23, Amendments and Rezones, sections 15.23.020 and 15.23.030; Title 15, Chapter 15.31, Institutional Overlay, section 15.31.030; Title 16, Chapter 16.03, Project Permit Applications, section 16.03.010; Title 16, Chapter 16. 10, Comprehensive Plan Amendment Procedures, sections 16.10.030, 16.10.070, 16.10.080, 16.10.090 and 16.10.100. *18. First reading of an Ordinance amending the 2010 Budget and making an appropriation within the Parks and Recreation Capital Fund accepting contribution revenue for development of a children's playground at Kiwanis Park (no action required at this meeting, second reading scheduled 5- 18 -10). An Ordinance amending the 2010 budget and appropriating funds for development of a children's playground at Kiwanis Park, was read by title only, and laid on the table until May 18, 2010 for a second reading. • 7 MAY 4, 2010 19. Consideration of an Ordinance adding June.19 and September 4, 2010 as an "Open Cruising Event" on Yakima Avenue; and amending Section 9.25.020 of 0 the City of Yakima Municipal Code Council Member Lover advised that he would bring up the idea of charging a fee to help cover the cost of police overtime when this comes forward during budget review. The City Clerk read the ordinance by title; EDLER MOVED AND LOVER SECONDED TO PASS THE ORDINANCE. Motion carried by a 6 -1 roll call vote; Ensey voting no. ORDINANCE NO. 2010 -23, AN ORDINANCE relating to traffic; adding June 19, 2010 and September 4, 2010 as an "Open Cruising Event" on Yakima Avenue; and amending Section, 9.25.020 of the City of Yakima Municipal Code. 20. Other Business *A. Set Date of Public Hearing for May 18, 2010 to consider a law enforcement grant application with the Department of Justice and to authorize corresponding interlocal agreement with Yakima County May 18, 2010 was set as the date to consider a law enforcement grant application. Assistant City Manager Zabell gave information regarding a City semi truck carrying wastewater treatment sludge that turned over at Nob Hill and 1 -82 interchange. No one was hurt, and crews are cleaning up the mess. 21. Adjourn EDLER MOVED AND COFFEY SECONDED TO ADJOURN TO MAY 11, 2010 AT 8:00 A.M. IN THE CITY COUNCIL CHAMBERS FOR A STUDY SESSION ON THE GANG FREE INITIATIVE. The motion carried by unanimous voice vote. The meeting adjourned at-9:20 p.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MICAH CAWLEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office O 0