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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 2 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 • 21 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 5 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. 6 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 • N