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Home My WebLink About07/06/2010 04A Draft Minutes 05-18-2010 Business MeetingYAKIMA CITY COUNCIL BUSINESS MEETING MAY 18, 2010 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 -5:15 P.M. — FIRE DEPARTMENT LADDER.TRUCK DEMONSTRATION (City Hall on Martin Luther King, Jr. Blvd.) 5:15 — 6:00 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 (up to 45 minutes) • Personnel Issues- Evaluate complaints against a public official ➢ Review performance of a public employee ➢ Pending and potential litigation' Executive Session was held and. adjourned at ,5:55 p.m. 6:00 P.M. — BUSINESS MEETING 1.. Roll Call , Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkisoh, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Invocation /Pledge of Allegiance Mayor Cawley gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations • National Safe Boating Week Mayor Cawley read a proclamation declaring the week. of May 22 -28, 2010, as National Safe Boating Week. Gerald Koch from the U.S. Coastguard .accepted the proclamation. • National Historic Preservation Month (read May 4, 2010 but not accepted). Jennifer Wilde- McMurtrie, Chair of the Historic Preservation Committee, accepted the proclamation that:she was unable to accept at the May 4th Council meeting and spoke about the importance of historic preservation in the'community. She extended an invitation to an upcoming event on May 23rd to celebrate Yakima's 125th Anniversary and informed the public of other events associated with Yakima's anniversary,.. MAY 18, 2010 B. Presentations /recognitions /introductions 1. Recognition of Project Engineer Al Rose's retirement Mayor Cawley read a proclamation of commendation honoring Al Rose's 25- year career with the City.of Yakima. City Manager Zais presented an official retirement watch to him. 2. Mt. St. Helens 30 -year Remembrance City Manager Zais recapped the eruption of Mt. St. Helens on May 18, 1980 and the impact it had on Yakima. He referenced the photo display and video presentation Community Relations Manager Beehler set up in the foyer at City Hall. 3. Luz Gutierrez introduced Miguel Cuevas from Toppenish who won first place in the Cinco de Mayo art poster contest. C. Status reports on prior meeting's citizen service requests 1. Response regarding parking policy at Chestnut Manor (Danny Fergusen and Eugene McAlpine) Assistant City Manager Zabell summarized the most recent changes to parking in the downtown area. Nick Hughes, representing the City Parking Commission, explained the reasons for the existing parking policy. Public Works Director Waarvick offered some options for ADA parking. Eugene McAlpine again requested that monthly parking permits be offered to Chestnut Manor residents, identical to the ones issued to the Savoy, Cascade and Senator apartment residents. Mr. Hughes recommended the entire issue of parking for downtown residents be revisited in the future. EDLER MOVED AND ADKISON SECONDED THAT WE DO NOT CHANGE POLICY AND ENCOURAGE THE CASCADE APARTMENT.RESIDENTS TO MEET WITH THE PARKING COMMISSION. The motion carried by 5 -2 roll call vote; Cawley and Coffey voting no. 2. Police Chief's involvement in immigration rally (Robbie Byrne and Betty Rohrich) Chief Granato read his report, which Gloria Hernandez interpreted for Spanish- speaking attendees. He mentioned he was offended that Ms. Byrne and Ms. Rohrich suggested he was "soft on gangs." EDLER MOVED AND ADKISION SECONDED TO ACCEPT THE POLICE CHIEF'S REPORT. The motion carried by unanimous roll call vote. D. Appointments to Boards, Commissions and Council Committees - None 4. 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. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED AND EDLER 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.) 2 MAY 18, 2010 *A. Consideration of approval of Council Meeting Minutes 1. Business Meeting —April 20, 2010 The minutes of the April 20, 2010 Business meeting was 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 1, City /County Intergovernmental Committee — April 13, April 27 and May 11, 2010 (4 *B -5 in Council packets) 2. Neighborhood Development Committee —May 5, 2010 3. Economic Development Committee May 5, 2010 4. Budget Committee —April 28, 2010 5. Intergovernmental Committee — May 11, 2010 (see #1) The Council Committee Meeting Minutes were approved. 5. Audience Participation • Ricardo Garcia referenced his involvement in reporting the Mt. St. Helens eruption in Spanish on Radio KDNA in 1980. He suggested YPAC present information in Spanish regarding the Gang -Free Initiative, similar to what was aired on KYVE recently. He urged the Council to take a stand on immigration reform. • Brad Tidrick expressed his frustration about the gangs and crimes in Yakima and demanded a fix to the problem. �' • Donald o ald Salva stated it is easy to play the blame game, but we need to look at ourselves and see what we can do to solve problems together as a community. 7:00 P.M. — PUBLIC HEARINGS 6. Public hearing and consideration of an Ordinance approving the Shewmaker annexation Supervising Planner Bruce Benson explained the annexation as a single parcel of land initiated before November 2009. It is 2.91 acres with an assessed valuation of $80,800 and 100% petition participation. • Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the ordinance by title; EDLER MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried. by unanimous roll call vote. ORDINANCE NO. 2010 -24, AN ORDINANCE concerning annexation; annexing the Shewmaker Annexation area to the City of Yakima; maintaining the current zoning of the area; providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of the City's current indebtedness by properties in the Shewmaker Annexation area; and an effective date of June 20, 2010 3 MAY 18, 2010 7. Public hearing and consideration of an Ordinance approving the Zeigler annexation Supervising Planner Bruce Benson explained the annexation was submitted by a single property owner involving multiple parcels of ground covering 56.7 acres with an assessed valuation of $901,000. The annexation was initiated in December 2009. The legal description was approved by the County on December 17, 2009 and the Boundary. Review Board application was filed January 12, 2010. March 3, 2010 the BRB application was deemed as approved due to no request for hearing. • Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the ordinance by title; EDLER. MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. Council Members Ensey and Lover expressed their opposition to the annexation. It was noted by Community and Economic Development Director Morales that these are areas of vacant land requested by property owners and developers to come into the city in order to build their project by City standards. The motion carried by a 4 -3 roll call vote; Ensey, Lover, and Cawley voting no. ORDINANCE NO. 2010 -25, AN ORDINANCE concerning annexation; annexing the Zeigler Annexation area to the City of Yakima; maintaining the current zoning of the area; providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of the City's current indebtedness by properties in the Zeigler Annexation area; and an effective date of June 20, 2010 V 8. Public hearing and consideration of a Resolution authorizing a Law Enforcement Grant Application with the Department of Justice and authorizing corresponding Interlocal Agreement with Yakima County Police Captain Jeff Schneider explained the grant money ($93,165) would be shared with the County. The City will use their share ($63,203) funds for anti -gang emphasis patrols. • Mayor Cawley opened and closed the public hearing with no one coming forward to speak The City Clerk read the resolution by title; COFFEY MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2010 -59, A RESOLUTION ratifying an application for a grant in the total amount of $93,165 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, 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 documents and contracts necessary to complete said grant transaction. El 4 MAY 18, 2010 9. Public hearing on closure of 23rd and Lincoln Avenues pathway Public Works Director Chris Waarvick explained the City owns the property "in fee" meaning it is not a right -of -way, therefore an option of right -of -way vacation does not exist. However, if the property were sold, there are other actions to go through, likely mediating it through the Hearing Examiner due to SEPA issues. Council could also recommend fencing the facility, permanently closing access, or leaving the property as is. Crime and Intelligence Analyst Supervisor Cesar Abreu provided analysis of crime data in this area. • Mayor Cawley opened the public hearing The following citizens spoke /wrote against closing the pathway: Scott Kline; Richard Marcley; Earl Hall; Marie.Koresky; Mark Hummel; .and John Rennie. The following citizens spoke /wrote in favor of closing the pathway: Joel Peycke; Gail Harthcock; Richard Ausink; Lavenia Malesich; Anonymous. The following citizens.were undecided and /or recommended other solutions: Jan Mendenhall; Sean Rankin; Hilary Alexander. • Mayor Cawley closed the public hearing Council discussion followed on options for the pathway, i.e. lighting, gates, etc. and funding sources. ETTL MOVED AND CAWLEY SECONDED TO ACCEPT THE REQUEST TO CLOSE THE PATHWAY PERMANENTLY TO BE REVISITED IF NECESSARYAT A LATER DATE. An amendment was offered. EDLER MOVED • AND ADKISON SECONDED TO AMEND THE MOTION TO CLOSE THE PATHWAY WITH A FENCE BUT NOT USE CITY FUNDS TO PAY FOR IT. The motion to amend carried by a 4 -2 roll call vote; Ettl and Cawley voting no, Coffey was recused. The amended motion carried by a 5 -1 roll call vote; Ettl voting no; Coffey was recused. CITY MANAGER'S REPORTS 10. Request fro_ m Friday Night Live for reconsideration of an application for a park permit Ken Wilkinson, Parks and Recreation Manager, spoke about Friday Night Live's application to use the Naches Parkway to feed the homeless and the reason for rescinding the originally approved permit. Don Boyd, Sandy Graves, and Pastor Bob Russell addressed the Council on background, statistics and their reasons for the site request. EDLER MOVED AND COFFEY SECONDED TO ACCEPT FRIDAY NIGHT LIVE'S APPLICATION TO USE THE NACHES PARKWAY. The motion carried by unanimous roll call vote. 11. Consideration of Fresh Hop Ale Festival request for usage of public parking at the Millennium Plaza Chris Waarvick, Public Works Director, stated this event is a major fundraiser for Allied Arts and has been held at the Millennium Plaza for several years. This year they are requesting to use a greater portion of the parking lot (3rd Street and Chestnut) to erect a tent. They will pay for the area they use for this purpose and ® have requested extending their use of the area to Friday to allow them time to set up for the festival. Representatives from Allied Arts, Jessica Moskwa, Carl and Carol MAY 18, 2010 Vandenhoven and Bill Rathbone supported the request. Kathy Mercy, representing Yakima Uptown Plaza Theatre, was not in favor of their request, stating it adversely affected her business costing her money when parking is not available for her is patrons because of these events. Following Council discussion, which included suggestions of looking for other locations in the future, closing down South 2nd Street, or limiting attendance, EDLER MOVED AND ETTL SECONDED TO APPROVE THE REQUEST AS PRESENTED BY ALLIED ARTS. The motion carried by a 4 -3 roll call vote; Adkison, Cawley and Lover voting no. *12. Consideration of a Resolution authorizing a Letter of Intent for $500,000 line - of- credit for Kiwanis Park improvements RESOLUTION NO. R- 2010 -60, A RESOLUTION of the City of Yakima, Washington, authorizing one or more draws in the aggregate principal amount of not to exceed $500,000 from the City's line of credit to fund costs associated with the acquisition, construction, redevelopment, and improvement of Kiwanis Parka *13. 2009 Annual Report of the City of Yakima Fire Department The 2009 Fire Department Annual Report was accepted. *14. First quarter 2010 Treasury report from Finance Department The First quarter 2010 Treasury report was accepted. *15. Consideration of a Resolution declaring one (1) 1995 Wildcat "Easy Over" compost turner to be surplus to the needs of the City of Yakima and the Wastewater Division and authorizing its sale /auction RESOLUTION NO. R- 2010 -61, A RESOLUTION declaring one (1) 1995 Wildcat "Easy Over" Compost Turner to be surplus to the needs of the City of Yakima and the Wastewater Division, and authorizing its sale by whatever means determined appropriate by the City Manager, such as "E- Bay ", "Public Surplus ", local auction or sealed quote. *16. Set date of public hearing for June 1, 2010 to consider the Washington Heights annexation June 1, 2010 was set as the date of public hearing to consider the Washington Heights annexation. *17. Set date of closed record public hearing for June 1, 2010 to consider the preliminary plat of Scenic Estates June 1, 2010 was .set as the date of closed record public hearing to consider the preliminary plat of Scenic Estates. *18. Consideration of a Resolution setting dates of public hearings for June 1 and June 15, 2010, to consider: A. Adoption of the Six -year Transportation Improvement Program for the years 2011 to 2016 and to amend the Metropolitan Transportation Plan B. Amending the Yakima Urban Area Comprehensive Plan Capital Facilities Element RESOLUTION NO. R- 2010 -62, A RESOLUTION setting the times and place for hearings on June 1, 2010 and June 15, 2010 in the City of Yakima Council Chambers to review and adopt the Six -year Transportation Improvement Program for the period of 2011 to 2016. 0 0 MAY 18, 2010 ORDINANCES *19. Consideration of an Ordinance securing use and possession of property at 16th and Washington Avenues ORDINANCE NO. 2040 -63, AN ORDINANCE authorizing and directing the City's outside legal counsel, Lyon Weigand & Gustafson PS, to institute and prosecute legal proceedings for the condemnation and acquisition of certain real property for the 16th Avenue at Washington Avenue Intersection Improvement Project; providing for the condemnation and taking of such real property and declaring the condemnation and taking thereof to be necessary for a public use required by the public interests; directing that compensation for such taking be paid from Fund Number 142, Arterial Street Fund of the City of Yakima. *20. Second 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 ORDINANCE- NO. 2010 -27. AN ORDINANCE amending the 2010 budget for the City of Yakima; and making appropriations of $154,884 within the 331 - Parks and Recreation Capital Fund for expenditure during 2010 to purchase playground equipment for Kiwanis Park. 21. . Other Business A. Request from Council Members Bill Lover and Rick Ensey to discuss and reconsider the "A" Street project funded from Office of Neighborhood Development Services CDBG funds and CDBG federal stimulus funds Michael Morales, Director of Community and Economic Development, reviewed a memo included in the Council packet addressing the request to consider diverting CDBG funds.from the "A" street project. Council Member Lover explained his reasoning for.the request to divert portion of the project funding to the Gang Free Initiative. LOVER MOVED AND ENSEY SECONDED TO DIRECT STAFF TO IDENTIFY OPTIONS FOR VARIOUS PERCENTAGE REDUCTIONS OF THE "A" STREET PROJECT TO BE DIVERTED TO THE GANG FREE INITIATIVE. City Manager Zais clarified that the "A" Street funding is $500,000 ($300,000 from Stimulus money and $200,000+ of CBDB infrastructure dollars). The money cannot be used to hire the GFI Coordinator as it is limited to fund infrastructure. Mr. Morales further detailed the restrictions and complexities involved with CDBG dollars. He also pointed out there is $262,000 remaining in the CDBG infrastructure budget for 2010 with no project identified. It is staff's recommendation to research what type of safety infrastructure improvements could be made within that budget or look at putting some of this year's funds and some of next year's entitlement toward the gang initiative. The motion failed by a-5-2 roll call vote; Adkison, Ettl, Edler, Cawley and Coffey voting no. ETTL MOVED AND COFFEY SECONDED TO SECURE THE AVAILABLE CDBG INFRASTUCTURE MONEY FOR GANG FREE INITIATIVE PROJECTS. The motion failed by a 5 -2 vote; Lover, Cawley, Edler, Ensey and Adkison voting no. -7 MAY 18, 2010 Council Member Edler asked Council to keep Deputy City Clerk Linda Watkins in their prayers as she is battling cancer at this time. 22. Adjourn COFFEY MOVED AND CAWLEY SECONDED TO ADJOURN TO MAY 25, 2010 AT 8:00 A.M. IN THE CITY COUNCIL CHAMBERS FOR A STUDY SESSION REGARDING THE E- VERIFY SYSTEM. The motion carried by unanimous voice vote. The meeting adjourned at 10:05 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK MICAH CAWLEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office • N