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HomeMy WebLinkAbout05/05/2009 00 Action Agenda ACTION ON YAKIMA CITY COUNCIL BUSINESS MEETING MAY 5, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 6:00 P.M. — PUBLIC MEETING 1. Roll Call All Council members except Sonia Rodriguez (excused) were present. Staff included City Manager Zais, City Attorney Cutter and City Clerk Moore 2. Invocation /Pledge of Allegiance Assistant Mayor Cawley gave an invocation and led the Pledge of Allegiance. 3. Administration of Oath of Office to newly- appointed Council Member Maureen Adkison City Clerk Moore administered the Oath of Office to Maureen Adkison. The Council member was seated. 4. Open Discussion for the Good of the Order A. Proclamations • National Day of Prayer Mayor Edler read a proclamation declaring May 7 as the National Day of Prayer. John VanBell accepted the proclamation and invited the Council to the Mayor's Prayer Breakfast. • Soroptomist International of Yakima Salute to Our Heroes Day Assistant Mayor Cawley read the proclamation. Jayne Tienken accepted it and invited the public to Mike Olsen Dodge to an event that will salute our public safety agencies and military personnel. • National Historic Preservation Month Council Member Lover read a proclamation declaring May as National Historic Preservation month. Nancy Kenmotsu and other representatives from the Historic Preservation Commission accepted the proclamation and invited the public to upcoming celebration events in May. • Salvation Army Week Council Member Coffey read a proclamation declaring the week of 5/11 -15 as Salvation Army week. Becki Barnett accepted the proclamation. B. Special presentations / recognitions • Recognition of Deputy Fire Marshal Ron Melcher for his efforts in promoting state legislation to ban novelty lighters Fire Chief Charlie Hines acknowledged Deputy Fire Marshal Ron Melcher for his efforts in promoting legislation to ban novelty lighters, which Governor Gregoire recently signed into law. C. Status report on prior meeting's citizen service requests • Proclamation process In response to Robbie Byrne's questions from a previous meeting, City Manager Zais briefly provided Yakima's proclamation issuance guidelines that are based on the City of Seattle's process. • Review of legal opinion regarding assessment exemption for Sun Tower City Attorney Jeff Cutter recapped his legal opinion that was included in the Council's packet. ACTION: Motion carried to not consider a waiver of the DYBID assessment for Sun Tower. VOTE: 5 -1, Cawley voting no. (Rodriguez absent) D. Appointments to Boards and Commissions -- None 5. Consent agenda ACTION: Motion carried to approve the consent agenda. VOTE: 6 -0 (Rodriguez absent) *A. Consideration of approval of Council Meeting Minutes • Business Meeting — April 7, 2009 • Adjourned Meeting — April 14, 2009 • Special Meeting — April 14, 2009 ACTION: Council meeting minutes were approved. *B. Consideration of approval of Council Committee Meeting Minutes • Council Aquatic Executive Committee — April 7, 2009 • Council Neighborhood Development Committee — April 8, 2009 ACTION: Council committee meeting minutes were approved. 6. Audience Participation Candy Turner congratulated Council Member Adkison on her appointment; she referred to her previous requests for a street light at Zier Road and 80 Avenue; she asked the Council to stop pursuing the aquatics center project; and she warned the Council to be skeptical of a "puppeteer." Cesar Dominguez asked Council to regulate coffee stands that serve the public in lingerie the same as any other adult entertainment. He submitted a list of ninety -five names of other citizens who agree with him. Pat Sisson and Ray Dean alleged that the residents at 1401 South 2 Avenue are operating a car repair business in a residential area. They complained about the illegal parking on both sides of the street. Mayor Edler said Code Compliance staff would investigate the situation and provide a report at a future meeting. Two high school students from Stanton Academy encouraged the public to support the upcoming school bond issue. Luz Gutierrez, representing the Hispanic Chamber of Commerce, thanked the Council, Police Captain Greg Copeland and Parks and Recreation Manager Ken Wilkinson for their role in the success if the Cinco de Mayo event. 2 John Cooper, General Manger of the Visitors and Convention Bureau, distributed the new Yakima Valley Official Visitors Guide 2009. CITY MANAGER'S REPORTS 7. Consideration of a Resolution approving the sale of property at 201 South 8 Street to accept a proposal from: A. OIC of Washington to demolish the existing structure located at 201 South 8th Street and build a new home to be sold to a low to moderate income, first -time homebuyer; or B. The highest bidder to rehabilitate the existing structure located at 201 South 8th Street Archie Matthews, ONDS Operations Supervisor, explained the actions that were taken since the last Council meeting and distributed a summary of bids for the rehabilitation of the structure. Bill Cook, Director of Community and Economic Development, recommended accepting the proposal from Albinio Perez for $21,000. Maud Scott encouraged Council to accept the proposal from Mr. Perez. ACTION: Motion carried to choose Item B of the Resolution. VOTE: 6 -0 (Rodriguez absent) RESOLUTION NO. R- 2009 -67 8. Consideration of a right -of -way use permit application for a fence in the vicinity of West Spruce Street and South 9 Avenue Council discussed the application that Mr. Ramirez submitted several months ago. ACTION: Motion carried to allow the property owner to leave the setback as it is and that he must lower the fence height to four feet. VOTE: 6 -0 (Rodriguez absent) 9. 2008 Year -end Budget Revenue and Expenditure report City Manager Zais discussed specifics of the report. ACTION: Motion carried to accept the report. VOTE: 6 -0 (Rodriguez absent.) 10. Report regarding referral of appeals of Hearing Examiner decisions to the Yakima County Superior Court Joan Davenport, Planning Manager, relayed their discoveries when researching the feasibility of referring appeals of Hearing Examiner decisions directly to Superior Court. They found that, in the state of Washington, the majority of first class cities send their appeals of the Hearing Examiner to Superior Court. Mrs. Davenport described the process this change would have to go through as it impacts multiple areas in the Municipal Code. ACTION: Motion carried to refer the matter to the Intergovernmental Committee to begin the process to change hearing examiner appeals to go directly to Superior Court. VOTE: 6 -0 (Rodriguez absent.) 3 11. Consideration of a motion to continue the Regional Stormwater Partnership Group through an interlocal agreement with Yakima County, City of Union Gap and City of Sunnyside Scott Schafer, Wastewater Manager, recommended the Mayor sign a letter for submission to the County expressing the City's desire to remain in the Regional Stormwater Partnership Group. The letter must be submitted by May 16, 2009. ACTION: Motion carried to sign and send the letter. VOTE: 6 -0 (Rodriguez absent.) *12. Consideration of a Resolution authorizing execution of a mutual aid and assistance agreement for Washington State for Intrastate Water /Wastewater Agency Response Network (WARN) ACTION: Resolution adopted. RESOLUTION NO. R- 2009 -68. *13. Consideration of a Resolution authorizing execution of an agreement with Seasons Performance Hall for promotions for the Seasons' Annual Fall Festival ACTION: Resolution adopted. RESOLUTION NO. R- 2009 -69. *14. Consideration of a Resolution authorizing execution of an interlocal agreement with Yakima County for the design and construction of sanitary sewer and pedestrian bridge in Cowiche Canyon ACTION: Resolution adopted. RESOLUTION NO. R- 2009 -70. *15. Consideration of a Resolution authorizing execution of a professional services agreement with HDR Engineering, Inc. for administrative, construction management and inspection services on the Nob Hill Boulevard Overpass Repairs project ACTION: Resolution adopted. RESOLUTION NO. R- 2009 -71. *16. Consideration of a Resolution authorizing execution of a professional services agreement with PLSA Engineering and Surveying for surveying services at 66 Avenue and Summitview Avenue Intersection Improvements project ACTION: Resolution adopted. RESOLUTION NO. R- 2009 -72. *17. Consideration of a Resolution authorizing sole source and purchase of eight in -car digital recording devices from Coban, the singular provider (vendor) of the product ACTION: Resolution adopted. RESOLUTION NO. R- 2009 -73. ORDINANCES 18. Consideration of an Ordinance authorizing amendments to the authority of the Community Review Board to consider and approve right -of -way use permits on residential property ACTION: Ordinance passed. ORDINANCE NO. 2009 -18. VOTE: 6 -0 (Rodriguez absent) *19. Consideration of an Ordinance relating to parks and playgrounds regarding possession of firearms in any park or playground and amending the Yakima Municipal Code ACTION: Ordinance passed. ORDINANCE NO. 2009 -19 4 *20. Consideration of an Ordinance relating to public safety, morals; relating to making or possessing motor vehicle theft tools and amending the Yakima Municipal Code ACTION: Ordinance passed. ORDINANCE NO. 2009 -20 21. Other Business • Report from Council Intergovernmental Committee regarding reconstituting the Joint Board ACTION: Motion carried to have Council Intergovernmental Committee members also be appointed as Members of the Joint Board. VOTE: 6 -0 (Rodriguez absent) • Adult Coffee Shops Mayor Edler suggested prohibiting people from serving coffee while wearing bathing suits, pajamas, and underwear. City Attorney Cutter requested the opportunity for the Legal Department to provide as much information as possible prior to there being a motion to take prohibitive action because of potential liability associated with those actions. 22. Adjournment to Executive Session: • Receive and evaluate complaints or charges brought against a public officer or employee of the City • Prospective Litigation • Pending Litigation At 8:05 p.m. Council adjourned to Executive Session and reconvened in open session at 9:15 p.m. ACTION: Motion to rescind priorities of government model and hold a study session carried. VOTE: 6 -0 (Rodriguez absent). The meeting adjourned at 9:20 p.m. 5