HomeMy WebLinkAbout02/19/2008 04A Draft Minutes 01-15-2008 Business Meeting• BUSINESS MEETING
JANUARY 15, 2008
COUNCIL CHAMBERS - CITY HALL
6:00 P.M. — PUBLIC SESSION
Roll Call
4 -AA
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 City Clerk Moore
2. Invocation /Pledge of Allegiance
Assistant Mayor Cawley gave an invocation and, led the Pledge of Allegiance
3. Open Discussion for the Good of the Order
A. Proclamations
Martin Luther King, Jr. Week
Mayor Edler read a proclamation declaring the week of January 20 -261h, 2008
as Martin Luther King, Jr. week. Reverend Trimble and Ester Huey accepted
the proclamation. Mrs. Huey described many of the activities to be held
throughout the week.
B. Special presentations / recognitions - None
C. Status report on prior. meeting's citizen service requests
• Request for a crosswalk at 16th Avenue and Hathaway - -Tony Courcy
Shelley Willson, Street and Traffic Operations Manager, reviewed the history of
the intersection. She advised that it has now been added to the Six -Year
Transportation Plan (STIP) which allows for grant application options. Council
approved a 2008 budget policy issue funding two other crosswalks setting a
program in motion for continuing to do crosswalk projects in future years. The
Secretary of DSHS has requested financial help through the state as well. Due
to the number of lanes, traffic counts, and speed of the vehicles, the
recommended solution is to have a crosswalk that actually stops vehicles, such
as a pedestrian activated signal, Mr. Courcy suggested using a signal that
becomes surplus as a result of new development. Mrs. Willson responded that
the project is not far enough along to consider it.
Council then discussed making the west side of 16th Avenue more pedestrian
accessible. Mrs. Willson advised that, because the right -of -way is so tight, it
would require Engineering Division involvement. The property owners would
need to set their fences back in order to get the necessary ADA clearance.
In the past, the cost was estimated to be in the neighborhood of $250,000.
Mr. Courcy stated his concerns and frustration. He said the problem started
in the 1950's. He asked why painted crosswalks are so dangerous. He feels
it is common sense that something needs to be done now. Mayor Edler
assured Mr. Courcy that, although it seems interminably slow, the issue is
® moving forward, and his efforts are having an effect. Council Member Lover
asked for a status report on the Public Works parking lot and whether some
JANUARY 15, 2008
of that money could be used for this issue. City Manager Zais advised that
the Public Works parking lot is a three -year project. It is funded from
dedicated funds from occupants within the Public Works facility. Transit
money has to be used for transit purposes, water funds for water purposes,
etc.; therefore, the only funds that possibly could be reallocated would be the
Streets Division money.
• Sidewalk development standards at Fairfield Inn - -Lynne Kittelson
Bill Cook, Community and Economic Development Director, said there are
three lots on the north side of Fair Avenue. The new Aspen Hotel is nearing
completion and Title 12 standards have been imposed on the project,
requiring sidewalks. The center lots have no development on them so there
are no improvements scheduled at this time. The site in front of the Fairfield
Inn is actually a vacant lot, therefore, the Fairfield Inn is not required to do
the frontage improvements. When that vacant lot is developed, the
developer will be required to do sidewalks.
D. Appointments to Boards and Commissions
• Yakima Housing Authority Board
LOVER MOVED AND McCLURE SECONDED TO REAPPOINT MAMIE
PURDUE TO THE. HOUSING AUTHORITY BOARD. The motion carried by
unanimous voice vote.
6 YVCOG nomination
McCLURE MOVED AND LOVER SECONDED TO NOMINATE COUNCIL •
MEMBER JOHNSON TO THE YVCOG EXECUTIVE COMMITTEE. The
motion carried by unanimous voice vote.
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 12C and 12D were removed from consent. The City Clerk
read the Consent Agenda items, including resolutions and ordinances by title.
CAWLEY MOVED AND McCLURE 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.
*A. Council Minutes -- None
*B. Council Committee Meeting Reports -- None
5. Audience Participation
Reverend John Everhart, 1012 S. 8th Street, referred to outside contractors
working on the installation and upgrade of the irrigation system. He suggested
that, when we use outside contractors, the City should look for ways to have them
hire local people.
Lynne Kittelson, 305 N. 91h Street, asked the City to enforce the ordinance
pertaining to snow removal on sidewalks in front of residences. is
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JANUARY 15, 2008
• CITY MANAGER'S REPORTS
6. Consideration of a Resolution authorizing execution of a contract with
Habitat for Humanity for the use of 2007 HOME funds for the purchase and
preparation of lots for two new homes for low income persons .
Mike Nixon, Executive Director of Habitat for Humanity, said the project allows for
the purchase of two lots and building a shared -wall construction project. Habitat for
Humanity has built 58 homes in Yakima. Mr. Nixon described accomplishments that
were the result of their partnership with the City of Yakima. The City Clerk read the
resolution by title; JOHNSON MOVED AND McCLURE SECONDED TO ADOPT
THE RESOLUTION. The motion carried by unanimous roll call vote. Maud Scott,
Southeast Yakima, spoke about historic preservation.and asked that Habitat for
Humanity consider the' historical influence in the area when designing the new
homes.
RESOLUTION NO. R- 2008 -09, A RESOLUTION authorizing the City Manager to
execute a Contract with Habitat for Humanity for the use of $38,700 in 2007 HOME
funds to be used for the purchase and preparation of lots for two new homes for low
income persons.
7. Consideration of a Resolution authorizing forgiveness of a lien to the Yakima
County Coalition for the Homeless for property located at 604 and 606
Central Avenue
Bill Cook, Community and Economic Development Director, noted that the City,
• through ONDS, has a 4th position lien on the property at 604 and 606 Central
Avenue. The lien was filed approximately ten years ago and is non - amortizing and
due upon sale. The Coalition for the Homeless is in a difficult situation and is going
out of business; this is their final property. They have a buyer for the property, but
when all the liens are considered, taking into account.the liens that precede the
City's, there will not be enough money to pay the City's lien. The Coalition is
asking us to forgive this loan so they can consummate the final sale. If there isn't
a sale, one of the principal lien holders would foreclose and we would lose our
interests anyway. This issue went through the Neighborhood Development
Committee and has .been reviewed by City Legal. It is their recommendation that
we forgive the lien and allow the sale of the property. McCLURE MOVED AND
CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by
unanimous roll call vote.
RESOLUTION NO. R- 2008 -10, A RESOLUTION authorizing the forgiveness
of debt in the amount of a $33,750 lien to the Yakima County Coalition for the
Homeless for property located at 604 and 606 Central Avenue and execution
of a full reconveyance deed for the property.
8. Consideration of a Resolution adopting,the water use efficiency goals and
establishing water use efficiency measures consistent and compliant with
the Water Use Efficiency program established by the Department of Health
Dave Brown, Water and Irrigation Manager, gave background information on a
House Bill passed in 2003 that gave certainty to municipalities that they would not
have to relinquish their water if not used. This allows the City of Yakima the
opportunity to make a statement about efficient use of water. Because Yakima has
JANUARY 15, 2008
separate irrigation water, we don't have a high use per capita of domestic water and •
want to continue that by establishing measures to use water efficiently. The City
Clerk read the resolution by title; McCLURE MOVED AND LOVER SECONDED TO
ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2008 -11, A RESOLUTION adopting the Water Use
Efficiency Goals "Reduce Distribution System Loss to 10% or less by July 1, 2010"
and "Maintain the current residential per capita use" and establishing water use
efficiency measures consistent and compliant with the Water Use Efficiency
program established by the Department of Health.
*9. Consideration of Resolutions authorizing execution of agreements with:
A. Hispanic Chamber of Commerce of Yakima County
RESOLUTION NO. R- 2008 -12, A RESOLUTION authorizing the City Manager to execute
an Agreement with the Hispanic Chamber of Commerce of Yakima County for the
purpose of fostering community economic development, citizen participation in City
government, and improvement in the quality of life in Yakima.
B. Hearing Examiner and Hearing. Examiner Pro Tern
RESOLUTION NO. R- 2008 -13, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute a Hearing Examiner's Professional Service Contract
Renewal for Gary Cuillier and a Hearing Examiner Pro -Tem Professional Service
Contract Renewal for Pat Spurgin in order to continue these necessary
professional services on behalf of the City.
*10. Consideration of a Resolution authorizing execution of an engineering and
consulting services agreement with Huibregtse, Louman Associates, Inc. for
services associated with the piping of the Fruitvale Canal from North 6th
Avenue to "H" Street and North 9th Street
RESOLUTION NO. R- 2008 -14, A RESOLUTION authorizing_ the City Manager to
execute the engineering and consulting services agreement with Huibregtse,
Louman Associates, Inc. for engineering and consulting services associated with
the piping of the Fruitvale Canal from N. 6th Avenue. to "H" Street and N. 91h Street.
*11. Consideration of a Resolution authorizing execution of various contracts
and agreements specifically for the 800Mhz rebanding project of the Public
Works radio system
RESOLUTION NO. R- 2008 -15, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute various contracts and
agreements specifically in regards to the 800Mhz Rebanding Project of the Public
Works radio system.
12. Consideration of Resolutions authorizing execution of agreements for the
Public Works Department with:
*A. Yakima Valley Community College (YVCC) for Retired and Senior
Volunteer Program (RSVP) support services •
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JANUARY 15, 2008
® RESOLUTION. NO. R- 2008 -16, A RESOLUTION authorizing and directing the City
Manager and the City Clerk of the City of Yakima to execute an agreement with
Yakima Valley Community College (YVCC), for the purpose of providing, through
its Retired and Senior Volunteer Program, .volunteer support to senior citizens
within the City of Yakima.
*B. Allied Arts Council of Yakima Valley for a visual and performing arts
program for youth
RESOLUTION NO. R- 2008 -17, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute an agreement between the City of Yakima and
the Allied Arts Council of Yakima Valley, to provide a visual and performing arts program
for youth and families.
C. Recreation and Conservation Office (RCO), formerly known as the
Interagency Committee for Outdoor Recreation (IAC) for upper Kiwanis
Park redevelopment
Denise Nichols, Parks and Recreation Manager, answered Council Member
Lover's questions about the grant. The project is currently in Engineering with the
hope to go out for bids within six weeks and have the skate park under
construction by spring. 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. City Manager Zais complimented
Mrs. Nichols for her efforts in obtaining grant money from the state.
• RESOLUTION NO. R- 2008 -18, A RESOLUTION authorizing and directing the City
Manager and the City Clerk of the City of Yakima to execute a Washington Wildlife
and Recreation Program (WWRP) Project Agreement with the Recreation and
Conservation Office, formerly known as the IAC, for Upper Kiwanis Park
Redevelopment / Phase 1, RCO #06 -1687C
D. Opportunities Industrialization Center (OIC) to amend the Southeast
Community Center operating agreement
Denise Nichols, Parks and Recreation Manager, explained that the addendum to
the 2004 OIC agreement is for the management of the SE Community Center.
Council Member Lover expressed concern about the automatic renewals of the
contract and commented that there were other community members that wanted to
be involved. He referenced a portion of the contract whereby the $75,000 annually
should end December 31, 2007 and read "at that time the operators shall diligently
seek and obtain other funding." His opinion was that the funding was supposed to
stop yet this extends it. He suggested the item be pulled off and reviewed prior to
voting on it. Mrs. Nichols reminded Council that OIC presented a letter as a policy
issue during budgeting requesting the two additional years of funding and Council
approved that request.
.The City Clerk read the resolution by title; McCLURE MOVED AND CAWLEY
SECONDED TO ADOPT THE RESOLUTION. Following discussion about the
length of the term of the agreement, LOVER MOVED AND ENSEY SECONDED
TO NOT APPROVE THE RESOLUTION AT THIS TIME, PUT IT BACK INTO
COMMITTEE, AND READDRESS THE TERM OF THE AGREEMENT. -
Discussion followed clarifying Council Member Lover's intent and the impact of his
idea. City Manager Zais clarified that, without this enabling legislation, there is no
legal authority to pay the service contract fee.' Council Member Lover withdrew his
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JANUARY 15, 2008
motion. LOVER MOVED AND ENSEY SECONDED TO CHANGE THE TERMS
OF THE AGREEMENT SO THE OPTION IS GIVEN TO THE CITY RATHER
THAN THE OPERATOR. Jeff Cutter, Assistant City Attorney, suggested changing.
"operator" to "City" in most of paragraph 4 but eliminate everything following
"September 1, 2014" in the paragraph to accomplish what Council Member Lover
was suggesting.
Ester Huey reacted to Council Member Lover's suggestions. She said they
negotiated the contract in good faith having looked through it in detail and making
sure it was very clear. Although it seems like a sweetheart contract, it is not. They
were in competition for it; it was not automatically given to OIC. If it is still working
at the end of five years; why would it be changed? She said they have honored,
and far exceeded, everything in the contract. Mrs. Huey expressed concern about
this issue being raised as the result of someone expressing an interest in
operating the center. That interest was expressed from the moment OIC was.
awarded the contract. She pointed out that anytime anyone has come to them and
asked to use the center, or to collaborate opportunities, they have been open to it;
particularly with the Hispanic community. At least 90% of the people served are
Hispanic and only about 1.5% are African American. Although it is two years until
looking into extending for a second term, they are already planning the next five
years because of what was negotiated at the beginning of the contract. She
requested the City at least discuss it to the 2014 timeframe, giving them the
opportunity to be respected for what they negotiated at the beginning of the
contract. Mrs. Huey suggested to Councilman Lover that he was not showing
concern for what was originally negotiated. There is nothing unusual about the
right of first refusal, it is common in contracts. She also requested that OIC be •
included in any discussions in committee. Mrs. Huey pointed out that there is
accountability all throughout the contract and they have honored those
commitments. She also noted that the original contract had been reviewed by the
City's Legal Department prior to approval.
Council Member Lover claimed that his point isn't about having a new operator but
that there originally was an understanding that the operator would diligently seek
and obtain funding from other sources. He interpreted that to mean that, after
three years, the City wasn't going to have to fund it, but that didn't happen.
Council Member Coffey said that the way the contract is written is standard
practice for buildings. Mrs. Huey explained that, while they have not found the
funding to replace the $75,000, they have been able to obtain about $300,000
worth of funding for many programs; however, she advised, none of it is operating
money or administrative funding.
At this point, Council Member Johnson questioned whether he needed to be
recused from voting because he is on the SE Community Board. The Council took
a vote on whether to allow Council Member Johnson to vote on this matter. It was
decided by a unanimous roll call vote to allow Council Member Johnson to vote.
The question was called for a vote on the amendment. The motion to amend
failed by a 5 -2 roll call vote; Cawley, Coffey, Edler, Johnson and McClure voting
nay. The question was called for a vote on the original motion to approve
the resolution. The motion carried by a unanimous roll call vote.
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JANUARY 15, 2008
• RESOLUTION NO. R- 2008 -19, A RESOLUTION authorizing the City Manager
of the City of Yakima to execute an amendment to the Southeast Community
Center Operating Agreement between the City of Yakima, Washington and
Opportunities Industrialization Center of Washington (OIC).
*13. Consideration of the Final Contract Payment for the Yakima Police and Legal
Center laboratory remodel (Adopt Standard Motion V -B — accept project; and
approve final payment)
The report from the consultant, Wardell Architects, dated December 13, 2007, with
respect to the completion of the work on the Yakima Police and Legal Center
laboratory remodel, performed by Stephens & Sons Construction, Inc., was
approved, the work accepted and payment of the final estimates as therein set forth
was authorized.
*14. Consideration of the Final Contract Payment for the Capitol Theatre re-
roofing project (Adopt Standard Motion V -B — accept project; and approve
final payment)
The report from the City Engineer, with respect to the completion of the work on the
Capitol Theatre re- roofing project, performed by Dan Leslie Roofing, Inc., was
approved, the work accepted and payment, of the final estimates as therein set forth
was authorized.
® *15. Set date of Public Hearing for February 19, 2008 at 7:00 p.m. regarding the
City of Yakima's Critical Areas Ordinance update
February 19,2008 was set as the date of Public Hearing regarding the City of
Yakima's Critical Areas Ordinance update
ORDINANCES
*16. Consideration of an Ordinance adopting RCW 46.61.668 prohibiting text
messaging while driving and RCW 46.61-.667 prohibiting cell phone use while
driving
ORDINANCE NO. 2008 -01, AN ORDINANCE relating to Traffic; adopting Revised
Code of Washington (RCW) 46.61.667 entitled Cell Phone Use While Driving and
RCW 46.61.668 entitled Text Messaging While Driving; and amending chapter
9.46.020 of the City of Yakima Municipal Code.
17. Other Business:
The Council has received a request from the Yakima Citizens Special Elections
Committee to hold a public hearing at the February 5, 2008 business meeting to
obtain public input for the Yakima School District Maintenance and Operation Levy
to be held on February 19, 2008. McCLURE MOVED AND COFFEY SECONDED
TO SCHEDULE A PUBLIC HEARING ON THE SCHOOL DISTRICT LEVY FOR
FEBRUARY 5, 2008. The motion carried by unanimous voice vote.
7.
JANUARY 15, 2008
Assistant Mayor Cawley made the following remarks:
•
A. Requested the Codes division enforce the ordinance requiring residents to
have a visible house number on their homes.
B. Thanked Gary Cuillier for his service as the City's Hearing Examiner.
C. Advised that the Harman Center board had extended an invitation to Council
Members to visit their facility.
18. Adjournment
CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN TO JANUARY
26, 2008 AT 8:30 A.M. AT THE CONVENTION CENTER AND THEN TO
JANUARY 29, 2008 AT 8:00 A.M. FOR A STUDY SESSION IN THE COUNCIL
CHAMBERS AT CITY HALL. The motion carried by unanimous voice vote.
The meeting adjourned at 8:00 p.m.
READ AND CERTIFIED ACCURATE BY
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE 0
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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