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Home My WebLink About09/07/2010 Business Meeting 319 YAKIMA CITY COUNCIL BUSINESS MEETING SEPTEMBER 7, 2010 COUNCIL CHAMBERS, YAKIMA CITY HALL 6:00 P.M. — BUSINESS MEETING 1. Roll Call 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 Acting City Clerk Roberts 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 • National Arts in Education Week Council Member Adkison read a proclamation declaring September 12 -16, 2010 as National Arts in Education Week. A number of teachers and students were present to accept and share a few words about the importance of arts in the schools. • Yakima County Quits Week — No one was present • Day of Hope Assistant Mayor Coffey read a proclamation declaring September 11, 2010 as a Day of Hope in Yakima. Tammy Masters accepted the proclamation. B. Presentations /recognitions /introductions - None C. Status reports on prior meeting's citizen service requests - None D. Appointments to Boards, Commissions and Council Committees - None 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 number 8 was added to the Consent Agenda. The Acting City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED AND ADKISON 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 City Council Meeting Minutes 1. Business Meeting — August 17, 2010 2. Council Retreat — August 23, 2010 320 SEPTEMBER 7, 2010 The minutes of the August 17, 2010 Business meeting and the August 23, 2010 Council Retreat 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 *1. City /County Intergovernmental Committee — August 10, 2010 *2. Gang Free Initiative Steering Committee — August 11, 2010 3. Rules and Procedures Committee — August 26, 2010 • Recommendation to establish a designated 15- minute time period for Audience Participation with an option to resume if necessary after business items are concluded Council Member Ettl explained the reasoning behind the proposal, mainly to keep speakers on point and to reduce the time citizens present must wait to speak to published agenda items. ADKISON MOVED AND ETTL SECONDED TO ACCEPT THE RECOMMENDATION. The motion carried by a 6 -1 roll call vote; Lover voting no. • Recommendation that Mayor Cawley and Council Member Ettl represent the Council in February 2011 for lobbying trip to Washington, DC and consider authorizing a second lobbying trip in late spring or early summer 2011 for two Council members Following discussion in which Council Member Lover emphasized the need to stay within a defined budget, COFFEY MOVED AND ADKISON SECONDED TO ACCEPT THE RECOMMENDATION FOR ETTL AND CAWLEY TO MAKE A LOBBYING TRIP IN FEBRUARY AND AUTHORIZE A SECOND TRIP IN LATE SPRING. The motion carried by unanimous roll call vote. 5. Audience Participation Jim Evans raised the issue of weedy lots needing attention and gave three locations: The Doty property, Front Street by Inland Pipe, and the railroad property. He also suggested that someone from the City should be monitoring assessed values on property to ensure the City is receiving all the tax revenue they should be. Council Member Ensey noted a weedy area at N. 2st Street across from Dulaney's Laundromat. Candie Turner requested signal lights be installed at 64 and Washington Avenues and at 66th and Summitview Avenues. She was advised that installation of a signal at 64 and Washington is part of the Wal -Mart mitigation and is being reviewed. A signal for the intersection of 66 Avenue and Summitview is already going through the process and installation should begin soon. Ms. Turner also advised that a speed monitoring device currently located on 80 Avenue is malfunctioning. 2 321 SEPTEMBER 7, 2010 7:00 P.M. — PUBLIC HEARINGS 6. Closed Record Public Hearing to consider appeal of Hearing Examiner's decision to deny request to site an adult business dance studio in General Commercial Zoning District City Attorney Cutter gave an overview of the process acceptable for the appeal hearing and asked Council Members about ex -parte contacts. There were no contacts of concern. Community and Economic Development Director Morales also clarified that the purpose of the hearing is for Council to review and make a decision on how the Hearing Examiner's decision was accomplished. What is to be considered is the applicability of the statute and how we are allowed to consider compatibility. • Mayor Cawley opened the closed- record public hearing Jamie Muffet, appellant, presented his reasoning for the appeal. He said the property meets all the zoning requirements and it is his opinion that the denial is on a moral level for a limited number of people. He feels the request meets all the legal requirements, therefore, should not be denied. No other proponents came forward to speak. Opponents speaking against the establishment and in favor of the Hearing Examiner's decision due to non - compatibility and public safety were: Elizabeth Benefiel, James Zimmerman, Lori Nay, and P. J. Smith. • Mayor Cawley closed the closed- record public hearing EDLER MOVED AND ADKISON SECONDED TO UPHOLD THE HEARING EXAMINER'S DECISION. The motion carried by a unanimous roll call vote. CITY MANAGER'S REPORTS 7. Set Date of Public Hearing for September 21, 2010 to consider Resolution adopting Design Review Guidelines and Certificate of Appropriateness for Barge- Chestnut Neighborhood Historic District Gary Forrest, representing the Barge- Chestnut Association, advised that they had reviewed and revised the draft guidelines as suggested previously by the City Council. He requested the process not be delayed further. Council Member Ensey asked for postponement of the hearing in order to allow further review by other interested parties such as the Central Washington Homebuilder's Association. ENSEY MOVED AND ETTL SECONDED TO SET OCTOBER 5, 2010 AS THE DATE FOR THE PUBLIC HEARING. The motion carried by a 6 -1 roll call vote; Coffey voting no. 3 322 SEPTEMBER 7, 2010 *8. Consideration of a Resolution stating the City Council's intent to modify the Yakima County Tourist Promotion Area Ordinance and setting a date of public hearing for September 21, 2010 for that purpose RESOLUTION NO. R- 2010 -102, A RESOLUTION relating to business regulation; stating the intent of the City Council to set a public hearing to consider modification of the Yakima County Tourism Promotion Area Hotel and Motel Commission (hereafter "Tourist Promotion Area ") by increasing the Commission from nine to eleven members, and increasing the number of voting members from five to seven members, with the City appointing four voting members, two of whom shall represent qualified lodging businesses within geographical Zone B of the city. *9. Reports from Finance Department A. Second quarter 2010 Treasury report B. Second quarter 2010 Accounts Receivable report The reports were accepted. *10. Consideration of the 2009 year -end medical insurance report The report was accepted. *11. Consideration of a Resolution authorizing execution of an interlocal government agreement with CIAW for the purchase of liability insurance for the City of Yakima RESOLUTION NO. R- 2010 -103, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Interlocal Agreement of Cities Insurance Association of Washington ( "CIAW ") in order for the City of Yakima to become a member of the Cities Insurance Association of Washington effective September 1, 2010, and approving the City of Yakima to become a member of CIAW with its attendant requirements; and authorizing the City Manager to execute any other documents that may be necessary or appropriate to allow the City of Yakima to become a member of the Cities Insurance Association of Washington. *12. Consideration of a Resolution ratifying and authorizing execution of an educational services agreement with YVTech for Firefighter Training RESOLUTION NO. R- 2010 -104, A RESOLUTION ratifying execution of an agreement with Yakima School District No. 7 for educational services for firefighter training *13. Consideration of a Resolution authorizing sole source procurement from Landscapeforms for amenities on the Downtown Yakima Futures Initiative Project, Phase 4 RESOLUTION NO. R- 2010 -105, A RESOLUTION authorizing Sole Source procurement between the City of Yakima and Landscapeforms — for benches and other amenities on the Downtown Yakima Futures Initiative Project, Phase 4. Total cost is $46,047.75 (including Washington State Sales Tax) 4 323 SEPTEMBER 7, 2010 *14. Consideration of final contract payments for: A. Wastewater Treatment Plant ultra violet disinfection project The report from the City Engineer, dated August 19, 2010, with respect to the completion of the work on the Wastewater Treatment Plant Ultra- violet Disinfection project, performed by_Apollo, Inc, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. B. Repair of sanitary sewer line in the vicinity of South 3' Avenue and West Pierce Street The report from the City Engineer, dated August 17, 2010, with respect to the completion of the work on the sanitary sewer line repair in the vicinity of South 3 Avenue and West Pierce Street, performed by Ken Leingang Excavating Inc. was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. "J" Street low impact development project The report from the City Engineer, dated August 16, 2010, with respect to the completion of the work on the "J" Street low impact development project, performed by RP &E Construction, Inc. was approved, the work accepted and payment of the final estimates as therein set forth was authorized. ORDINANCES *15. First reading of an Ordinance amending the 2010 budget and making an appropriation in the 462 — Transit Operating Fund for extended services) An Ordinance amending the 2010 budget and appropriating funds in the 462- Transit Operating Fund for extended services, was read by title only, and laid on the table until September 21, 2010 for a second reading. *16. First reading of an Ordinance amending the 2010 Refuse budget for unanticipated landfill and fuel expenditures An Ordinance amending the 2010 budget and appropriating funds in the Refuse budget for unanticipated landfill and fuel expenditures services, was read by title only, and laid on the table until September 21, 2010 for a second reading. 17. Other Business Nothing was brought forward. 5 • 324 SEPTEMBER 7, 2010 18. Adjournment COFFEY MOVED AND ADKISON SECONDED TO ADJOURN TO SEPTEMBER 8, 2010 AT 9:00 A.M. IN THE CITY HALL HOUNCIL CHAMBERS FOR A STUDY SESSION REGARDING THE PROPOSED YAKIMA BEARS STADIUM. The motion carried by unanimous voice vote. READ AND CERTIFIED ACCURATE BY RSC. �` `' COUNCIL MEMBER DATE C NCIL MEMBER DATE ATTEST: 42 1J 0 1 4 ' D 1 C TY CLERK MICAH C EY, AYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 1 6