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HomeMy WebLinkAbout10/20/2009 Business Meeting 92 YAKIMA CITY COUNCIL BUSINESS MEETING OCTOBER 20, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, Assistant City Manager Zabell, Sr. Assistant City Attorney Harvey, Assistant Attorney Mitchell, and Fire Chief Hines • Absent: Council, Member Coffey (excused) 2. Executive Session (30 minutes): • Collective Bargaining • Prospective Litigation 3. Adjourn The Executive Session adjourned at 5:31 p.m. 5:30 P.M. — BUSINESS MEETING 1. Roil Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, Sr. Assistant City Attorney Harvey and City Clerk Kloster Absent: Council Member Coffey (excused) 2. Invocation /Pledge of Allegiance Assistant Mayor Micah Cawley gave the invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations • KNDO TV Day Mayor Edler read a proclamation declaring October 20, 2009 as KNDO TV Day. Julie Stern of KNDO accepted the proclamation. 93 OCTOBER 20, 2009 B. Presentations /recognitions /introductions • Appreciation to Yakima Police Department by Target Zero Traffic Safety Task Force Edica Esqueda, Yakima County Target Zero Task Force Coordinator, presented the Yakima Police Department with a special participation award for their excellence in impaired driving and speeding enforcement. She noted that there was a 44% reduction in traffic fatalities in Yakima County during 2007 and 2008. Deputy Chief Rosenow accepted the award. • Yakima County Complete Count Committee for 2010 Census Mary Place, Coordinator for the local government portion of the Complete Count Committee for 2010 Census, gave a brief overview on the importance of the census noting the impact on the community with regard to receiving tax revenue. She said that for every person not counted we lose $2,007 in tax revenue each year. The County suggests the City assign someone to be involved in coordinating and encouraging citizens to fill out the census forms and Mrs. Place volunteered to help with coordinating that effort. C. Status report on prior meeting's citizen service request • Request from Brian Kautzman regarding driveway approach at 7407 Tieton Drive Public Works Director, Chris Waarvick, reviewed the response supplied by the Legal Department clarifying that the City does not have maintenance responsibility for the driveway approach. D. Appointments to Boards, Commissions and Council Committees 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. Items 7 and 8 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND LOVER SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Coffey absent. (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 • Business Meeting — October 6, 2009 • The minutes of the October 6, 2009, Business meeting were 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 • Economic Development Committee — October 7, 2009 The Council Committee meeting minutes were approved. 2 94 OCTOBER 20, 2009 5. Audience Participation Alex Santillanes, 1407 W. Chestnut Avenue, spoke of his concern about noise, graffiti, vandalism, thefts, and heavy traffic resulting from a transition home for women located at 1408 W. Yakima Avenue. He also complained about a new transition -type residence going in next door at 1406 W. Yakima Avenue that he discovered had not received clearance from City Hall. He questioned the zoning as well as lack of involvement from the City. Bill Cook, Director of Community and. Economic Development, advised that they had recently received word that there was construction at that address and they sent out an inspector. They informed the owners that they were required to get building permits for the work. They have learned it is being converted from a tri- plex to a group home. The non - profit organization that runs the house has been advised that the zoning needs to be reviewed. R -3 zoning may work depending on the maximum number of people they plan to house. Based on definition in state and federal law, up to six unrelated people constitute a "family." This issue is being researched and a report will be brought back to Council. Bill Duerr, 3206 W. Yakima Avenue, stated that the Yakima City Charter is incomplete and outdated. He requested a list of all amendments and ordinances modifying it from April 1, 1986 to present. He also suggested having it updated prior to new Council members being sworn in, potentially in January 2010. 7:00 P.M. — PUBLIC HEARINGS 6. Public Hearing on the 2010 -2014 Community Development Block Grant and HOME Consolidated Plan and 2010 Annual Action Plan In his opening statement, Deputy Director of Community and Economic Development Morales said that over the last two months, the 2010 Annual Action Plan has been undergoing a public comment period for citizen input, needs assessment, and identification of needs in the community. • Mayor Edler opened the public hearing John Everhart, Pastor of Pilgrim Rest Baptist Church, spoke highly of the efforts of the Office of Neighborhood Development Services employees in the community. He also suggested some of the funds be used to make improvements to the food bank facility. Maria Garcia, 1001 N. 20 Avenue, stated that the majority of the money is being spent in the housing area and she would like to see more funds directed toward economic development for small businesses. She also claimed that not much is being done in the northeast neighborhood and suggested funds be used for lighting, sidewalks, and training for community organizations.. • Mayor Edith closed the public hearing The next, public hearing and adoption date is scheduled for the November 17 City Council meeting. The comment period is still open and citizens were 3 .95 OCTOBER 20, 2009 encouraged to submit written comments, all of which will be included in the plan. The 30 -day comment period ends October 30 at 5 p.m. CITY MANAGER'S REPORTS • • *7. Consideration of the 2009 Third Quarter Capital Improvement Projects Report The Capital Improvement Projects Report was accepted. *8. Consideration of a Resolution authorizing execution of an agreement with Committee for Downtown Yakima for downtown public parking lot management City Manager Zais noted that, if approved, there would be new revenues that would be added to the 2010 budget. RESOLUTION NO. R- 2009 -138, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Committee for Downtown Yakima for the operation and management of the City's downtown parking facilities 9. Consideration of motions regarding the Washington Heights annexation to: 1. Withdraw Petition No. 09 -02 approved May 19, 2009 Bruce Benson, Planning Supervisor, advised that Petition 09 -02 was initiated in May for the Washington Heights annexation. It consisted of 57 acres west of 72 Avenue, south of Zier Road, and north of Coolidge. At that time, it was the only piece of property with sufficient support to go forward. During the interim period, more people have asked to be annexed, values in the area have changed, as did state law in terms of petition requirement total. That allows for an enlarged annexation, approximately twice the original size. The enlarged annexation also addresses some of Yakima County's major concerns. CAWLEY MOVED AND LOVER SECONDED TO WITHDRAW THE FIRST ANNEXTION PETITION 09 -02. The motion carried by unanimous roll call vote; Coffey absent. 2. Initiate Petition No. 09 -06 for an expanded annexation (Adopt standard annexation motions A & B) CAWLEY MOVED AND RODRIGUEZ SECONDED TO SET OCTOBER 20, 2009 AS THE TIME OFA MEETING WITH THE INITIATING PARTIES WHO HAVE SIGNED A NOTICE OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS, THE INITIATING PARTIES ARE ZIER ORCHARDS LLC, JULIAN AND JULIA STEENBERGEN The motion carried by unanimous roll call vote; Coffey absent. • 4 96 OCTOBER 20, 2009 CAWLEY MOVED AND LOVER SECONDED THAT THE ANNEXATION PROPOSED BY THE ABOVE PARTIES BE ACCEPTED BY THE CITY OF YAKIMA, THAT THE AREA TO BE ANNEXED BE REQUIRED TO ASSUME ITS SHARE OF THE CITY'S EXISTING INDEBTEDNESS, AND THAT A NOTICE OF INTENT TO ANNEX BE FILED WITH THE YAKIMA COUNTY BOUNDARY REVIEW BOARD. The motion carried by unanimous roll call vote; Coffey absent. *10. Consideration of a Resolution authorizing execution of a consulting services agreement with Thomas E. Coleman P.E Consulting Services for 2010 Water System Plan update RESOLUTION NO. R- 2009 -139, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Thomas E. Coleman, P.E. Consulting Services for engineering and consulting services associated with the 2010 Water System Plan update. *11. Consideration of a Resolution authorizing execution of an agreement with the Washington State Department of Commerce accepting $650,614 of Neighborhood Stabilization Program (NSP) RESOLUTION NO. R- 2009 -140, A RESOLUTION authorizing the City Manager to execute an agreement with the Washington State Department of Commerce to accept (six- hundred fifty thousand, six hundred fourteen dollars ($650,614) of Neighborhood Stabilization Program (NSP) funding *12. Set Date for Public Hearings on November 17, 2009 for: A. 2010 Ad Valorem Tax B. 2010 Proposed Budget November 17, 2009, was set as the date of public hearings for the 2010 Ad Valorem Tax and the 2010 Proposed Budget. *13. Set date of public hearing for November 3, 2009, regarding the Dahl Annexation November 3, 2009, was set as the date of public hearing to consider the Dahl Annexation. *14. Consideration of a final contract payment for Simpson Lane Sanitary Sewer L.I.D. The report from the City Engineer, dated August 3, 2009, with respect to the completion of the work on the Simpson Lane Sanitary Sewer, performed by Scott's Excavating Yakima, LLC, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. 5 '97 OCTOBER 20, 2009 *15. Consideration of a Resolution authorizing annual renewal of the City Manager's authority to resolve and settle claims against or by the City in an amount of $100,000 or less RESOLUTION NO. R- 2009 -141, A RESOLUTION authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City in an amount of $100,000 or Tess, and to execute all documents necessary to the resolution or settlement of such claims. *16. Consideration of a Resolution authorizing adoption of a policy regarding temporary emergency cold weather shelters to be valid November and December 2009 and January, February and March 2010 RESOLUTION NO. R- 2009 -142, A RESOLUTION of the City of Yakima, Washington, authorizing and directing the City of Yakima Department of Community and Economic Development to identify and implement a policy regarding temporary emergency cold weather shelters in the City of Yakima, and providing that such policy shall be valid only during November, December 2009, and January, February and March, 2010 ORDINANCES 17. Consideration of report/recommendations and legislation from the Council Public Safety Committee: A. Resolution authorizing execution of a contract with Central Washington Comprehensive Mental Health (CWCMH) to cost -share with Yakima County to fund the CWCMH Behavioral Health Diversion Program for a six -month period Cynthia Martinez, Assistant City Attorney, reviewed a proposed agreement with Central Washington Comprehensive Mental Health (CWCMH) to continue the Behavioral Health Diversion (CIT) program. The program allows officers to take people accused of non - violent crimes and non - serious offenses, who the officer believes to have mental health issues, to Comprehensive Mental Health to receive treatment as opposed to taking them to the City jail. It was noted that people on probation that have been determined to have mental health issues are also allowed to participate in this program. Police officers are receiving training to identify those people needing help and allow for a front -end diversion without having to expend money from the criminal justice system budget. It was pointed out that this is a six -month pilot program. Council Member Lover expressed concern on where the individuals would be housed once they leave Comprehensive Mental Health and asked for assurance that they be located in legal housing. Jack Maris, Vice President of CWCMH, advised that 95% of the people they place out of diversion are placed into apartments and integrated back into the community. The City Clerk read the resolution by title; CAWLEY MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. City Manager Zais explained that the funding at this time is from the 2009 General Fund reserves and it will be an adjustment in the 2009 budget with the appropriation ordinance as well as an addition to the 2010 budget. If it is to continue after the six -month pilot, funding will have to be determined. The motion carried by unanimous roll call vote; Coffey absent. 6 98 OCTOBER 20, 2009 RESOLUTION NO. R- 2009 -143, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental Health (CWCMH), and Yakima County Department of Human Services whereby the City of Yakima agrees to cost -share with the County to fund the CWCMH Behavioral Health Diversion Program for a six -month period. B. First reading of an Ordinance amending the 2009 budget and appropriating funds for the reserve account for the Behavioral Health Diversion Program (Read Ordinance by title only; second reading scheduled for November 3, 2009) An Ordinance amending the 2009 budget and appropriating funds for the reserve account for the Behavioral Health Diversion Program, was read by title only, and laid on the table until November 3, 2009 for a second reading. *18. Consideration of an Ordinance repealing Ordinance 2004 -58 initiating Englewood Terrace Sewer L.I.D. #1059 ORDINANCE NO. 2009 -45, AN ORDINANCE repealing a sewer line Local Improvement District located in the vicinity of North 69 Avenue and Englewood Terrace within the City of Yakima, previously established in Ordinance 2004 -58 on October 5, 2004, and known as LID No. 1059. *19. Consideration of an Ordinance amending the Classification and Compensation Plan for certain City employees amending Subsections 2.20.110 of the Yakima Municipal Code ORDINANCE NO. 2009 -46, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective November 22, 2009; amending Subsections 2.20.110A and 2.20.110G all of the City of Yakima Municipal Code. *20. Consideration of an Ordinance amending Section 6.06 of the Yakima Municipal Code regarding emergency powers authorizing firearms regulation ORDINANCE NO. 2009 -47, AN ORDINANCE relating to the proclamation of a civil emergency and the action that may be taken in a civil emergency; amending Chapter 6.06 entitled "Emergency Powers of Mayor, City Council and City Manager" of the City of Yakima Municipal Code, specifically Section 6.06.030 entitled "Action which may be taken." *21. Consideration of an Ordinance amending the Yakima Municipal Code relating to solid waste debris ORDINANCE NO. 2009 -48, AN ORDINANCE relating to health and sanitation; amending Yakima Municipal Code Chapter 4.16.145 entitled "Garbage Storage, Collection and Disposal." 7 99 OCTOBER 20, 2009 *22. Consideration of an Ordinance amending the Yakima Municipal Code relating to Water, Irrigation, Wastewater and Refuse utilities for updated features to the new Utility System ORDINANCE 2009 -49, AN ORDINANCE relating to changes in utility services practices; amending Sections 4.16.140; 7.50.040; 7.50.090; 7.60.020; 7.60.025; 7.60.100; 7.60.105; 7.68.250 and 7.62.282 of the City of Yakima Municipal Code; and establishing an effective date. 23. Other Business Mayor Edler announced that based on legal advice during Executive Session, the City would not pursue recovery costs for the mill site fire. He said there are still other issues being discussed. Assistant Mayor Cawley announced that biodegradable bags are now available for the leaf pick up program at Public Works or the Harman Center. 24. Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO OCTOBER 27, 2009, 8:00 TO 10:00 A.M. IN THE COUNCIL CHAMBERS TO REVIEW 2010 PRELIMINARY GENERAL GOVERNMENT BUDGET REDUCTION PROPOSALS ACCORDING TO THE PRIORITIES OF GOVERNMENT MODEL. The motion carried by unanimous voice vote. The meeting adjourned at 7:11 p.m. 411111■ dP READ AND CERTIFIED ACCURATE B t 674_ -` . '._ • VD •UNCIL MEM: v, DATE d3 -02 -t D COUNCIL MEMBER DATE ATTEST: • CITY CLERK DAVID EDLER, :A e OR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 8