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HomeMy WebLinkAbout11/17/2009 04A Draft Minutes 11-03-2009 Business MeetingYAKIMA CITY COUNCIL BUSINESS MEETING NOVEMBER 3, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff. City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Executive Session A. Prospective Litigation and Property Acquisition B. Pending Litigation C. Status report regarding complaints or charges brought against a public employee 3. Adjournment The Executive Session adjourned at 6:01 p.m. I Roll Call Present Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Invocation/Pledge of Allegiance Mayor Edler gave an invocation and led the Pledge of Allegiance 4. Open Discussion for the Good of the Order a. Proclamations • National American Indian Heritage Month Mayor Edler read a proclamation declaring the month of November as National American Indian Henitage month in the City of Yakima. Cary Campbell, on behalf of the Daughters of the American Revolution, accepted the proclamation and *gave Council the book, Walking with Grandfathe—r, the Wisdom of the Lakota Elders. • • Women Veterans Recognition Week Assistant Mayor Cawley read a proclamation declaring the week of November 8-14, 2009 as Women Veterans Recognition Week. Maria Rivera, an Air Force retiree, accepted the proclamation. b. Presentations/recognitionsrintroductions c. Status reports on prior meeting's citizen service requests 1. Request from Deanna Pemberton and Mary Ann Lockhart regarding alleged zoning violations Michael Morales reported on the 47 addresses submitted for zoning violations. Some of the environmental concerns were not under the City's jurisdiction. Twenty-nine of the 47 are approved business locations and are in compliance with business licenses and fire inspection regulations. Three are approved business locations and scheduled for their annual fire inspections. Thirteen locations are residential or private use and do not fall under a business regulation and are not being used for commercial purposes. Two potential code violations are being investigated. Two of the addresses are in Union Gap. 2. Request from Alex Santillanes regarding clean and sober housing requirements at 1406 Yakima Avenue, Community and Economic Development Director Bill Cook reviewed the material supplied in response to the citizen's concern. The house, built in 1908, was legally converted to a tri-plex in 1982. The City recently received a complaint regarding on-going construction to convert it back to a single- family home. The lessee planned to rent the house as a single-family residence. The property owner purchased it as a tri-plex and the City is waiting for the owner to determine whether it will be a single family or a tri- plex. Code enforcement inspected the house on October 26, 2009 and determined the work performed to date did not require a building permit and was not in violation. Federal law has pre-empted state and local law with .. .... regard-to-location-of-properties-r.efer.red-to...as-clean-and sober-housing.-As the local zoning authority of the City, we must consider these facilities as a family house and enforce codes in that manner. City Attomey Cutter reviewed the legal applications that apply to clean and sober housing. Based on U.S. Supreme Court determinations, these homes need to be treated as a residential home in the neighborhood. Mr. Cook noted that the clean and sober house next door to this property has only had four complaints since 1993 - a fence height complaint, an inaccurate complaint related to work without a permit, an inaccurate complaint related to construction or use of a commercial. kitchen, and a graffiti complaint that was abated. , The following citizens spoke against allowing a second clean and sober house in their neighborhood and expressed disagreement with the U.S. Supreme Court ruling: Alex Santillanes, Virginia Santillanes, Rosemary Rief, Scott Freund, and Roseanne Mecca. 9 Dave McFadden, owner of the house, said they are getting legal advice because the house was changed from what they understood they were buying. He said they had researched Oxford House and found they have an excellent reputation. Stacy Anderson, representing Oxford House Inc., said they have seven clean and sober houses in Yakima and they usually develop a good relationship with the neighbors from the beginning-. She said they should be welcomed in the neighborhood because they have a zero tolerance policy on alcohol and drugs, monitor and report that type of activity in the neighborhood. 3. Request from Bill Duerr regarding proposed revisions to the City Charter Helen Harvey reviewed the written response to Mr. Duerr's request There have been two elections since 1986 on proposed Charter amendments and both failed. There have been some changes by ordinance or state statutes in specific limited circumstances: Changing the wording of the Charter would have to be voted on by the voters. Assistant Mayor Cawley recommended referring the subject to the Rules and Procedures Committee with the intent of updating the City Charter at the next general election. Bill Duerr, 3206 W. Yakima Avenue, appreciated the research done and said, based on the effort and cost associated with changing the Charter, he was withdrawing his request. He suggested including a copy of the legal response to his request as well as a copy of the new Council Code of Ethics whenever the City Charter is distributed. He also requested updating the Charter when it becomes financially feasible. d. Appointments to Boards, Commissions and Council Committees 0=1 - 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. Item Number 7 was added. The City Clerk read the Consent Agenda items, including resolutions and ordinances, by title. CAWLEY 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 Minutes 0 Adjourned Meetings — October 13 and October 27, 2009 0 Business Meeting —October 20,2009 3 The minutes of the October 13 and October 27, 2009 Adjourned meetings and the October 20, 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 • Neighborhood Development Committee —September 24, 2009 Council Committee meeting minutes were approved. 5. Audience Participation David Weller,* 1205 N. 2"d Street, described activities he has seen at the Tourist Motel at 1223 N. 161 Street, with regard to drugs, prostitution, and potential child abduction. He also complained about the slow response time from the Police Department when he called regarding the child abduction. He requested the motel be shut down. A response will be provided at the next Council meeting. Patricia Scully and Jennifer Vimont, representing senior care centers, asked Council to consider allowing Para-Transit to travel outside its jurisdiction for one day to transport senior citizens to West Valley High School for an annual Christmas Event. A response will be provided at the next Council meeting. 6. Public Hearing and Consideration of an Ordinance annexing the Dahl . annexation area to the City of Yakima Bruce Benson, Planning Supervisor, described the annexation as a 13.25 acre single lot, with an assessed value of $355,000. Having a single owner, there is 100% value approval. Staff recommends accepting the petition and adopting the --ordinance of-annexation—. Mayor Edler opened the public hearing and with no one coming forward to speak, closed it. The City Clerk read the ordinance by title only; CAWLEY MOVED AND ADKISON SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2009-50, AN ORDINANCE concerning annexation; annexing the Dahl 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 Dahl Annexation area; and an effective date of December 6, 2009. 4 CITY MANAGER'S REPORTS *7. Consideration of a Resolution authorizing execution of a contract with Wardell Architects for dismantling City Hall third and fourth floor jail complex and asbestos removal RESOLUTION NO. R-2009-144, A RESOLUTION authorizing the City Manager to execute a Professional Services agreement with Wardell Architects for demolition work on the third and fourth floors of City Hall. *8. Consideration of Final Contract Payments: A. Pedestrian Crossings The report from the City Engineer, dated October 9, 2009, with respect to the completion of the work on the City-wide pedestrian crossings, performed by Knobel's Electric, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. Public Works Complex Yard Reconstruction The report from the City Engineer, dated September 23, 2009, with respect to the completion of the work on the Public Works complex yard reconstruction performed by Columbia Asphalt and Gravel, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *9. Consideration of a Resolution authorizing execution of contract renewals for: A. Police communications services B. Communications equipment -repair and maintenance services C. Information Systems services with the City of Union Gap and the City of Selah RESOLUTION NO. R-2009-145, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Police Communications Services Contract and a Communications Equipment Repair and Maintenance Services Agreement and an Information Systems Services Agreement with the City of Union Gap and the City of Selah. *10. Consideration of a Resolution authorizing execution of a contract for 2010- 2012 Fire communication services and, where applicable, an Information Systems services agreement with various cities and fire districts RESOLUTION NO. R-2009-146, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Fire Communications Services Contract and, where applicable, the Information Systems Services Agreement with the City of Union Gap, the City of Selah, and various Yakima County Fire Protection Districts. 6-N 1. Consideration of a Resolution authorizing execution of a fifty (50) year pipeline license agreement with Burlington Northern Santa Fe Railway Company for the continued usage of a sewer pipe across the rail corridor near Tamarack Street and North Sixth Avenue RESOLUTION NO. R-2009-147, A RESOLUTION authorizing the City Manager to execute a fifty (50) year Pipeline License Agreement between the City of Yakima and BNSF Railway Company, in the amount of $5,000, for the continued usage of a 27-inch sanitary sewer pipe across the rail corridor of BNSF Railway Company near Tamarack St and N. 6th Ave. *12. Set date of public hearing for November 17, 2009, to consider the Kegley Annexation November 17, 2009, was set as the date of closed record public hearing to consider the Kegley Annexation located at 5207 Scenic Drive. 13. Consideration of legislation regarding purchasing services to Yakima County: A. Resolution authorizing execution of an Interlocal Agreement with Yakima County for purchasing services This is the formal legislation to combine the City of Yakima and Yakima County for creating joint cooperative purchasing services. The City Clerk read the resolution by title * only, CAWLEY MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R-2009-148, A RESOLUTION authorizing and directing the ---------- —Cit—yMan—ager of the -City of Yakima to execute a City/County Purchasing Services and Interlocal Agreement between the City of Yakima and Yakima County for the provision of providing purchasing services to Yakima County. B. First reading of an Ordinance amending the 2009 budget and appropriating funds to provide purchasing services for Yakima County An Ordinance amending the 2009 budget and appropriating funds to provide for purchasing services for Yakima County was read by title only and laid on the table until November 17, 2009 for a second reading. L-1 *14. Second reading'of an Ordinance amending the 2009 budget and appropriating funds in the 000-General Fund to provide for a behavioral health diversion program operated by Central Washington Comprehensive Mental Health. An Ordinance amending the 2009 budget and appropriating funds to provide for a behavioral health diversion program operated by Central Washington Comprehensive Mental Health, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2009-51, AN ORDINANCE amending the 2009 budget for the City of Yakima; and making appropriations of $66,021 within the 000-General Fund for expenditure during 2009 to provide for a behavioral health diversion program operated by Central Washington Comprehensive Mental Health. 15. Other Business City Manager Zais referred to a letter to Council from State Fair Park requesting the potential expansion of the City Lodging Tax Advisory Committee. It was recommended that the request go to the Rules and Procedures Committee or the Appointments to Boards and Commissions Nominating Committee for review, City Manager Zais noted a response must be given before the end of the year with regard to Yakima County's notice to withdraw from the Regional Planning Commission. It currently is being worked on in the Intergovernmental Committee. A special Council study session should be held to review the report. Mr. Zais suggested 5:00 p.m. November 17th, prior to the Council Business meeting. Council agreed to that schedule. Council Member Rodriguez advised her intent to push for a long -term initiative to tackle the gang problem. She requested staff develop a model for the city. She suggested it go through the Public Safety Committee and be ready for Council -.--,......-,--,--,.-adoplionwithin-EiQ-90,day-s.- Council -Member Rodriguez - i clar fiedffie-pequest. saying there are models and strategies around the country that have proven to be effective. She suggests they be tailored forYakima. Council Member Lover suggested this be handled by the Public Safety Committee and they report their progress to Council every two weeks. Council Member Adkison referred to the many entities working on the problem emphasizing we need small and deliberate steps in the beginning. She felt it could take 90 days to identify all of the partners. Council Member Coffey encouraged Council members to go see the recent removal of the siding on the Wilson Building that exposes the old construction 19 NOVEMBER 3, 2009 16. Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO NOVEMBER 10, 2009, 8:00-11:30 A.M. IN THE COUNCIL CHAMBERS TO REVIEW THE 2010 PRELIMINARY BUDGET. The motion carded by unanimous voice vote. The meeting adjourned at 7:33 P.M. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE 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. 11*1