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Home My WebLink About02/16/2010 Business Meeting .187 YAKIMA CITY COUNCIL BUSINESS MEETING FEBRUARY 16, 2010 COUNCIL CHAMBERS — YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Cali Present: Council: Mayor Pro Tem Kathy Coffey, presiding, Council Members Maureen Adkison, Rick Ensey, Dave Ettl and Bill Lover • Staff: City Manager Zais and City Attorney Cutter • Absent: Mayor Cawley and Council Member Edler 2. Executive Session (one hour): • Complaints or charges brought against a public officer or employee • Pending Litigation Executive Session was held and adjourned at 5:52 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Cali Present: Council: Mayor Pro Tem Kathy Coffey, presiding, Council Members Maureen Adkison, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais and City Attorney Cutter Absent: Mayor Cawley and Council Member Edler Prior to roll call, Mayor Pro Tem Coffey introduced Beau Dekker, a junior at West Valley High School, who was attending the meeting as a participant of the Greater Yakima Chamber of Commerce Business Education Partnership program. 2. Invocation /Pledge of Allegiance Council Member Ettl gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations • Yakima County's Commemoration of Washington Women's Suffrage Council Member Adkison read a proclamation declaring February 19, 2010 as the opening of Yakima Valley Museum's exhibit commemorating Washington women's suffrage. Yakima County Auditor Corky Mattingly accepted the proclamation. B. Presentations /recognitions /introductions • Retirement of Rick Pettyjohn, Information Systems Manager Mayor Pro Tem Coffey read a proclamation of commendation and appreciation • for Rick's thirty -one years of service. He was presented with gifts of recognition. C. Status reports on prior meeting's citizen service requests - None 188 FEBRUARY 16, 2010 D. Appointments to Boards, Commissions and Council Committees- None 4. Consent Agenda Mayor Pro Tem Coffey 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. ENSEY MOVED AND ADKISON SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Cawley and Edler 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 • City Council Retreat — January 23, 2010 The minutes of the City Council Retreat on January 23, 2010, 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 • Transit and Transportation Committee — January 21, 2010 • Economic Development Committee — February 3, 2010 The Council Committee meeting minutes were approved. 5. Audience Participation Mike Hunnel, 1502 S. 18 Avenue, asked what "hoops" the Arts Giving Circle had gone through related to the City's approval of funds to install a donated public art piece at Front and "A" Streets. Council Member Lover explained the process. Mr. Hunnel suggested requiring graffiti offenders to clean up graffiti in the city. He also talked about parking issues at the County Courthouse. Staff will review the matter and provide a report for the next Council meeting. Richard Marcley distributed material regarding a clearview issue at 812 S. 11 Avenue. He claimed that 70% of his lot is impacted to meet the clearview code. He requested Council waive the clearview standards for his small lot. Staff will review the statutes and provide a report at the next Council meeting. Larry Breer addressed the Council for the second time regarding gun shows. He suggested the City is inadvertently violating state and federal laws by allowing gun shows to sell weapons to domestic violence offenders without a background check. Staff will review the statutes and provide a report at the next Council meeting. CITY MANAGER'S REPORTS 6. Consideration of a Resolution authorizing execution of an agreement with the Downtown Rotary Club for a playground at Kiwanis Park Ken Wilkinson and Mike Shepherd spoke about the donation of funds by the Downtown Rotary Club for a playground at Kiwanis Park. It will be a supervised 2 1.89 FEBRUARY 16, 2010 installation where the contractor will direct the project, but volunteers, including neighborhood children, will actually do the installation. The total cost will be around $400,000 supported by donations and in -kind services from club members, other Rotary clubs, and the community. The installation is scheduled for June 4 -6, 2010. The City Clerk read the resolution by title; ENSEY MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Cawley and Edler absent. RESOLUTION NO. R- 2010 -22, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Yakima Rotary Club for development of a children's playground system at Kiwanis Park. *7. Consideration of a Resolution authorizing execution of an interlocal jail agreement with Yakima County RESOLUTION NO. R- 2010 -23, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with Yakima County, Washington for the provision of jail services. *8. Consideration of a Resolution authorizing execution of a contract with Conley Engineering for consulting electrical design for the Downtown Futures 4 RESOLUTION NO. R- 2010 -24, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement with Conley Engineering, Inc. in an amount not to exceed $20,800 for assessment of existing electrical uses, determination of new electrical needs, design and diagrams of all new electrical needs on Phase 4 of the Yakima Downtown Futures Initiative Project. *9. Consideration of a Resolution authorizing membership with the National Purchasing Partners Purchasing Consortium RESOLUTION NO. R- 2010 -25, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to take such actions as are necessary to register the City of Yakima as a participating public agency with National Purchasing Partners (NPP). *10. Consideration of a Resolution authorizing execution of a revolving fund loan agreement with the Washington State DOE for construction of the Yakima Railroad Grade Separation stormwater treatment requirements RESOLUTION NO. R- 2010 -26, A RESOLUTION authorizing the City Manager to execute a Revolving Fund Loan Agreement with the Washington State Department of Ecology for construction of the Yakima Railroad Grade Separations Phase 2 — Lincoln Avenue stormwater requirements treatment system and authorization for the City Manager to sign other documents pertaining to the Ecology loan process. 3 190 FEBRUARY 16, 2010 *11. Consideration of a final contract payment for Nob Hill Boulevard sanitary sewer (Standard Motion V -B — Accept the project and approve the final payment) The report from the City Engineer, dated February 19, 2010, with respect to the completion of the work on the Nob Hill Blvd. Sanitary Sewer Main Improvement Project, performed by_Premier Excavation, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *12. Consideration of a Resolution setting date for Public Hearing on April 6, 2010 to establish the final assessment roll for the 85 and Kail Sewer LID #1060 RESOLUTION NO. R- 2010 -27, A RESOLUTION fixing the time and date for a hearing on the final assessment rolls for Local Improvement District No. 1060 for April 6, 2010 at 7:00 p.m. *13. Set dates of Public Hearings for March 2 and March 23, 2010 on the "Citizen Participation Policy" March 2 and March 23, 2010 were set as the dates of public hearing on the Citizen Participation Policy *14. Set Dates of Public Hearings for March 23, 2010 on the Consolidated Annual Performance Evaluation Report (CAPER) as per HUD requirements March 2 was canceled. March 23, 2010, was set as the date of public hearing on the Consolidated Annual Performance Evaluation Report (CAPER). *15. Set date of Public Hearing for March 23, 2010 regarding panhandling March 23, 2010, was set as the date of public hearing regarding panhandling. ORDINANCES 16. Consideration of an Ordinance amending the 2010 Budget and making an appropriation in the 000 - General Fund (Fire Department) budget to purchase additional public safety education supplies Fund (no action required at this meeting; second reading scheduled 3 -2 -10) Deputy Fire Marshall Ron Melcher informed Council of a $1,500 donation from Wal -Mart and a $15,000 donation from the Yakima County Credit Union. An Ordinance amending the 2010 budget and appropriating funds to purchase additional public safety education supplies for the Fire Department was read by title only, and laid on the table until March 2, 2010, for a second reading. 4 -191 FEBRUARY 16, 2010 17. Consideration of Legislation related to the City's stormwater systems: A. Ordinance related to Construction stormwater runoff creating a new Chapter 7.82 Joe Walsh, representing the Central Washington Home Builders Association (CWHBA) that includes over 700 companies, said the association has been engaged in the development of local stormwater regulations for a long time because they were concerned about the potential threat to property owners. He said that the CWHBA is as satisfied as they can be with the ordinance being presented. They believe it represents minimal compliance with the regulatory mandate. He thanked former Council Member Clarence Barnett for his dedicated effort to this issue. Randy Meloy, Stormwater Engineer, gave a brief overview of the stormwater legislation. The City Clerk read the ordinance by title only; LOVER MOVED AND ENSEY SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Cawley and Edler absent. ORDINANCE NO. 2010 -07, AN ORDINANCE related to construction stormwater runoff regulation; adopting a new chapter in Title 7 of the Yakima Municipal Code entitled Construction Stormwater Runoff pursuant to authority provided in the state Water Pollution Control Act, Ch. 90.48, RCW, and the federal Water Pollution Control Act (the Clean Water Act), 33 USC 1251 et seq.; defining the construction stormwater runoff prohibitions; specifying the procedures and standards for inspections, including right of entry; providing for enforcement, including administrative, civil and criminal penalties; prescribing the procedures and standards for appeals and hearings; and,, creating a new Chapter 7.82 of the City of Yakima Municipal Code. B. Ordinance related to post- construction stormwater runoff creating a new Chapter 7.83 The City Clerk read the ordinance by title only; LOVER MOVED AND ENSEY SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote; Cawley and Edler absent. ORDINANCE NO. 2010 -08, AN ORDINANCE related to post- construction stormwater runoff regulation; adopting a new chapter in Title 7 of the Yakima Municipal Code entitled Post - Construction Stormwater Runoff pursuant to authority provided in the state Water Pollution Control Act, Ch. 90.48, RCW, and the federal Water Pollution Control Act (the Clean Water Act), 33 USC 1251 et seq.; defining the post- construction stormwater runoff prohibitions; specifying the procedures and standards for inspections, including right of entry; providing for enforcement, including administrative, civil and criminal penalties; prescribing the procedures and standards for appeals and hearings; and, creating a new Chapter 7.83 of the City of Yakima Municipal Code. 18. Other Business A. Review of 2011 federal appropriation requests Michael Morales, Deputy Director of Community and Economic Development, referred to a memo supplied to Council providing an overview of the projects being submitted for federal appropriation requests. 5 192 FEBRUARY 16, 2010 B. Follow up from City Council retreat Staff requested direction regarding the action steps identified at the Council retreat as well as policy priorities. Because two council members were absent it was decided to postpone the discussion and schedule a study session as soon as possible. Mayor Pro Tem Coffey suggested Council members put their thoughts in writing. C. Status on initiatives City Manager Zais reported that State Legislators King, Johnson and Ross have been working hard on our initiatives and have had some success. He said we may be asked to attend hearings. 21. Adjournment ENSEY MOVED AND ADKISON SECONDED TO ADJOURN TO FEBRUARY 18, 2010 AT 9 :15 A.M. IN CITY HALL COUNCIL CHAMBERS FOR A STUDY SESSION TO DISCUSS DRAFT LEGISLATION REGULATING CERTAIN ADULT ENTERTAINMENT ACTIVITIES. The motion carried by unanimous voice vote; Cawley and Edler absent. The meeting adjourned at 7:31 P.M. READ AND CERTIFIED ACCURATE BY `mi i ' 07x,_/6 COU IL - : E13.) DATE •UNCIL MEMBER DATE ATTEST: I tvawit. CITY CLERK KATHY OFFE , r"°! i' "RO TEM Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 6