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HomeMy WebLinkAbout01/19/2010 Business Meeting 168 YAKIMA CITY COUNCIL BUSINESS MEETING JANUARY 19, 2010 COUNCIL CHAMBERS — YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll CaII Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter 2. Executive Session (one hour): • Collective Bargaining • Prospective Litigation • Pending Litigation Executive session adjourned at 5:56 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll CaII Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Invocation /Pledge of Allegiance Mayor Cawley gave an invocation and led the Pledge of Allegiance 3. Open Discussion for the Good of the Order A. Proclamations' • Earned Income Tax Credit Awareness Day Council Member Adkison read a proclamation declaring January 29, 2010 as Earned Income Tax Credit Awareness Day. Michele Besso accepted the proclamation. B. Presentations /recognitions /introductions • Recognition of former Council Member Sonia Rodriguez Mayor Cawley read a proclamation of commendation for Sonia Rodriguez's service to the citizens of Yakima as a City Council Member and presented her with a plaque. 1.69 JANUARY 19, 2010 • Recognition of life- saving individuals by Yakima Fire Department Deputy Fire Marshall Ron Melcher recognized citizens and fire crew who were involved in the life saving effort on Ellen Davis who collapsed at WaI -Mart. Ms. Davis thanked those who were involved in saving her life. Deputy Fire Marshall Melcher also advised that Regional Hospital Cardiac Care Center will be teaching CPR at the Convention Center on February 6 and urged people to attend. • Recognition of George Bayes, Building Maintenance Specialist, retirement — George was not present C. Status reports on prior meeting's citizen service requests- None D. Appointments to Boards, Commissions and Council Committees • Yakima Arts Commission Assistant Mayor Coffey, as Chair of the Boards and Commissions Nominating Committee, proffered a recommendation of membership, but prior to discussing the recommendation, said she was aware of a concern that not all the recommended nominees live within city limits. She suggested Council may want to make a decision on that issue and defer appointments at this time. ETTL MOVED AND LOVER SECONDED TO SEND THE ISSUE TO THE RULES COMMITTEE TO POTENTIALLY STANDARDIZE THE COMMITTEE PROCESS AND REQUIRE CITY RESIDENCY FOR MEMBERSHIP. Council Member Adkison suggested that standardization be considered for all citizen boards and commissions. ADKISON MOVED AND ENSEY SECONDED TO AMEND THE MOTION TO HAVE THE RULES COMMITTEE LOOK INTO STANDARDIZING ALL BOARDS AND COMMISSIONS. The motion carried by a 6 -1 roll call vote; Coffey voting no. The amended motion carried by a 6 -1 roll call vote; Coffey voting no. 4. Consent Agenda Mayor Cawley 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 No. 17 was added to and Items No. 8 and 18 were removed from the consent agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY 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 • Special Meeting /Budget Wrap Up — December 1, 2009 • Business Meeting — December 8, 2009 and January 5, 2010 The minutes of the Special Meeting /Budget Wrap Up from December 1, 2009, and Business meetings from December 8, 2009, and January 5, 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 -- None 2 170 JANUARY 19, 2010 5. Audience Participation Jonathan Frazier commented that he felt the rights of the public are being overlooked when we allow lewd dress at espresso stands. He feels they should be governed by the adult entertainment ordinance. He urged Council to continue their efforts on this issue to protect the citizen's rights. Rebecca Withrow spoke about the gang problem and advised Council that Jamie Pederson, Chair of the House Judiciary Committee, does not want to push Senate Bills 2414 and 2415 regarding shutting down gang houses. She requested people email him and question why he doesn't want to pursue it. She also requested being kept apprised of gang prevention activity in Yakima. Diane Fortier gave an update on the car show they are planning to hold in July. Brandon Brunais addressed the panhandling problem and suggested Yakima look into establishing stronger codes such as those passed in San Francisco. 7:00 P.M. — PUBLIC HEARING 6. Public Hearing and Consideration of an Ordinance annexing the Foursquare Church /Hochrein annexation area to the City of Yakima Bruce Benson of the Planning Department described the property. It is located south of Tieton Drive, west of S. 80` Avenue, north of Wide Hollow, and east of 88 Avenue. The petition was signed by 78.97% of the assessed value and met the requirements. The County Boundary Review Board held a hearing December 11, 2009 and unanimously voted that the request was in complete compliance of GMA and findings of the board. The agreement was ratified on January 8, 2010. The area has a current assessed valuation of $14.5 million. Staff recommends acceptance of the petition and passage of the ordinance. • Mayor Cawley opened the public hearing Gary Brownell, 8512 Tieton Drive, spoke in opposition stating he was sure it would ,raise taxes and there was no benefit for him. Kevin Larson, 8906 S. 80 Avenue, also expressed concern about the impact on their taxes and requested clarification on the taxing process. Bill Hordan, 410 North 2nd Street, spoke on behalf of Mr. Hochrein and the Foursquare Church who submitted the annexation. Lorie Hines, 85 South 83 Avenue, encouraged Council to support the annexation. Tom Lawson, pastor of the Foursquare Church, also encouraged approval of the annexation. Mr. Hochrein, the developer, said that the people that live there love being in the city, and it is a positive sales point. • Mayor Cawley closed the public hearing 3 17.1 JANUARY 19, 2010 The City Clerk read the ordinance by title, COFFEY MOVED AND ENSEY SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2010 -03, AN ORDINANCE concerning annexation; annexing the Foursquare Church /Hochrein Annexation area to the City of Yakima; maintaining the current zoning of the area lying northerly of the center section line for Section 30. Township 13 North, Range 20 East W.M. and changing the Comprehensive Plan designation to Low Density Residential and the zoning to R -1, Single- family Residential for that portion lying southerly of the center section line; 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 Foursquare Church /Hochrein Annexation area; and an effective date of February 21, 2010. CITY MANAGER'S REPORTS 7. Consideration of 2009 Fourth Quarter Capital Improvement Projects report City Manager Zais advised that we have over $35 million planned expenditures for capital improvements this year. Council Member Edler questioned the sewer LID status in the Nob HiII/ 34 Avenue area. City Engineer Mayo explained the LID process and noted that they hadn't received enough interest to date to go forward. He explained the public /private LID process and offered to speak with Council Member Edler on this subject outside this meeting. ENSEY MOVED AND COFFEY SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. 8. Consideration of a Resolution authorizing execution of an agreement with the Japanese Bochi Association for a Japanese garden at Tahoma Cemetery Ken Wilkinson, Parks and Recreation Manager, supplied background information. In 2002, the Japanese community purchased approximately 200 plots at the Tahoma Cemetery. In that agreement, money was set aside to develop "M" section of the cemetery with the intent irrigation would be installed, the ground would be leveled, trees would be planted, and later they would raise funds to construct a Japanese garden. A three- dimensional replica of the proposed garden was displayed. Mr. Lon Inaba, Chair of the Japanese Bochi Association, was available for questions. The City Clerk read the resolution by title; EDLER MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2010 -11, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Japanese Bochi Association of Yakima for the development, maintenance and use of the Japanese Garden at the Tahoma Cemetery. 4 172 JANUARY 19, 2010 *9. Consideration of a Resolution authorizing execution of an agreement with Yakima County Office of Aging and Long Term Care (ALTC) for the City of Yakima Day Break Adult Day Care and Respite Services Program at the Harman Center RESOLUTION NO. R- 2010 -12, A RESOLUTION authorizing and directing the City Manager to execute the Performance Agreement No. 2010 COY /2010 ALTC Contract Adult Day Care Respite between the City of Yakima and Yakima County, through the Office of Aging and Long Term Care (ALTC) and potential subsequent amendments thereto for the Adult Day Care and Respite Services program at the Harman Center. *10. Consideration of a Resolution authorizing execution of an agreement with Yakima Valley Community College for Retired and Senior Volunteer Program (RSVP) support services RESOLUTION NO. R- 2010 -13, A RESOLUTION authorizing and directing the City Manager 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. *11. Consideration of a Resolution authorizing execution of personal services agreements with instructors, officials and referees for various Parks and Recreation Division programs during 2010 RESOLUTION NO. R- 2010 -14, A RESOLUTION authorizing and directing the Parks and Recreations Division Manager of the City of Yakima to execute Personal Services Agreements during 2010 that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services for the Parks Division. *12. Consideration of a Resolution authorizing execution of a professional services agreement with the Yakima Valley Basketball Officials Association (YVBOA) for officiating services during the 2010 basketball season RESOLUTION NO. R- 2010 -15, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Basketball Officials Association for the purpose of obtaining officiating services for the organized basketball program of the City of Yakima. *13. Consideration of a Resolution authorizing execution of an interlocal jail agreement with the City of Wapato RESOLUTION NO. R- 2010 -16, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an ,Interlocal Jail Agreement with the City of Wapato, Washington for the provision of jail services. 5 • 173 JANUARY 19, 2010 *14. Consideration of a Resolution modifying the City Treasurer's Petty Cash and Change Funds RESOLUTION NO. R- 2010 -17, A RESOLUTION amending Resolution No. R -2008- 32, adopted February 19, 2008, and authorizing the existence of Change Funds, and other Petty Cash Funds, within the various Funds of the City of Yakima. *15. Consideration of a Resolution authorizing the 2010 agreement with Allied Arts Council of Yakima Valley for a Visual and Performing Arts Program for Youth RESOLUTION NO. R- 2010 -18, A RESOLUTION authorizing 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. *16. Consideration of final contract payment for Columbia Asphalt and Gravel, Inc — River Road Project (Standard Motion V -B — Accept the project and approve the final payment) The report from the City Engineer, with respect to the completion of the work on the River Road Improvement project, performed by Columbia Asphalt & Gravel, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. ORDINANCES *17. Consideration of Legislation regarding a grant agreement between the City of Yakima and Washington State Division of Archives and Records Management: A. Resolution authorizing execution of a grant agreement with the State of Washington, Division of Archives and Records Management for local public records management and preservation efforts RESOLUTION NO. R- 2010 -19, A RESOLUTION authorizing the City Manager to execute a grant agreement with the State of Washington, Office of the Secretary of • State, Division of Archives and Records Management, to support local public records management and preservation efforts. B. First reading of an Ordinance amending the 2010 budget and making an appropriation of $10,000 in the 000 - General Fund An Ordinance amending the 2010 budget and appropriating funds to support local public records management and preservation efforts, was read by title only, and laid on the table until February 2, 2010 for a second reading. 6 174 JANUARY 19, 2010 *18. Consideration of an Ordinance amending the Classification and Compensation Plan for the position of Lead Police Support Services Supervisor and amending the Yakima Municipal Code Council Member Lover questioned whether this was a new supervisory position. Chief Granato explained the history and justification of the position and that it was created as a result of the LEMAP report. Council Member Lover felt it should have been a policy issue during the budget process. The City Clerk read the ordinance by title only; COFFEY MOVED AND ENSEY SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2010 -04, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective February 21, 2010; amending Subsections 2.20.100A, 2.20.100D, 2.20.110A, 2.20.110B and 2.20.110C 19. Other Business • • Panhandling City Attorney Cutter advised that we have an aggressive panhandling ordinance that is enforced when it is reported and investigated. There are limitations that Washington courts impose that other courts don't. It was suggested that we contact business owners in the vicinity where panhandling is occurring and advise them of our law and encourage them to report problems. Council Member Lover questioned the reason for the increase in panhandling wondering whether it was the economy or something we are manufacturing. He requested a committee to research the cause. In response to an inquiry, Chief Granato advised that the new Block Watch person is Juan Romo who was selected by 01C. He is a graduate of Eastern Washington University, has lived in Yakima for twenty -five years, served as a corrections officer and is very enthusiastic. • Espresso Stands — Adult Entertainment Issue EDLER MOVED AND ADKISON SECONDED TO ASK THE LEGAL DEPARTMENT TO FOLLOW EVERETT AND SNOHOMISH COUNTY'S LEAD DECLARING THEM ADULT BUSINESSES AND MOVE YAKIMA IN THE DIRECTION OF CATEGORIZING THEM AS SUCH. Following Council comments, the motion carried by a 4 -3 roll call vote; Cawley, Ensey and Lover voting no. Assistant Mayor Coffey suggested a study session be held on the subject once the requested information is available. LOVER MOVED AND ENSEY SECONDED TO ADD THIS SUBJECT TO THE RETREAT AGENDA AND TO HAVE THE RETREAT TELEVISED. The motion carried by a 4 -3 roll call vote; Cawley, Coffey and Ettl voting no. 7 175 JANUARY 19, 2010 • Lincoln Avenue Underpass City Manager Zais advised that the bid for the underpass will be awarded shortly and informed the new Council members on the process that has taken place to date. He pointed out that we are still searching for additional funds for the second grade for Martin Luther King Boulevard. Council Member Lover questioned project funding and suggested using the $700,000 allocated for the art project portion to allow building both underpasses at once. Michael Morales, Deputy Director of Community and Economic Development, explained the funding issues and also advised that it would be a scheduling impossibility to construct both underpasses at one time. 20. Adjournment COFFEY MOVED AND ETTLE SECONDED TO ADJOURN TO JANUARY 23, 2010 AT 8:30 A.M. IN THE YAKIMA CONVENTION CENTER, SUITE 200 FOR A CITY COUNCIL RETREAT. The motion carried by unanimous voice vote. The meeting adjourned at 8:20 p.m. READ AND CERTIFIED ACCURATE BY i ll. V 07'2 - JO COUNCIL MEMBER DATE (COUNCIL MEMBER DATE ATTEST: 4,, .� C, ,EGat _1 CITY CLER MICAH CAWLEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 8 •