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Home My WebLink About06/21/2011 04A Draft Minutes 04-19-2011 Business MeetingYAKIMA CITY COUNCIL APRIL 19, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 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 2. .. Executive Session • Property Acquisition and Prospective Litigation Executive Session was held and adjourned at 5:43 p.m. 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 City Clerk Kloster 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussion for -the Good of the Order A. Proclamations 1. Yamate High School Hospitality Mary Beth Wright, representing the Yakima School District, explained there are 84 Japanese students attending our schools across the valley. She introduced the Vice Principal of Yamate High School, Mr. Akiyoshi Futami. Mayor Cawley read a proclamation declaring the week of April 25th as Yamate High School Hospitality Week, which Mr: Futami accepted. 2. Yakima- Morelia Sister City Week Council Member Adkison read a proclamation declaring the week of April 24 — 30, 2011 as Yakima - Morelia Sister City week. Noe Gutierrez, representing the Morelia Sister City Association, accepted the proclamation. The Mexican Consul from Seattle, Garcia Moreno, was present and expressed appreciation for the relationship between Morelia and Yakima. B. Presentations /recognitions /introductions Recognition of retiring Human Resources Manager Sheryl Smith City Manager Zais read a proclamation of commendation and appreciation honoring Sheryl Smith for 30 years of service to the City of Yakima. She received service plaques and a retirement watch. The City Manager announced and introduced Colleen Chapin as the new Human Resource Manager effective June 1, 2011. APRIL 19, 2011 C.. Status reports on prior meeting's citizen service requests • Response to Sandy Massong -Lloyd addressing Arlington Street pavement condition concern Mayor Cawley said he had met with Sandy Massong -Lloyd and discussed the cost to fix Arlington Street. Staff will contact Congdon to see if they are interested in forming an LID and then bring plans back to the Council. Ms. Massong -Lloyd stated she is only interested in some type of stormwater drainage on Congdon's property to stop the water from leaking onto her property. D. Appointments to Boards, Commissions and Council Committees Mayor Cawley announced a vacancy on the Airport Board and encouraged the public to apply to serve on boards and commissions. 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 14 was removed and Items 7, 9, and 20 were added. The City Clerk read the Consent Agenda items, .including resolutions and ordinances by title. COFF.EY 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 — None B. Consideration of approval of Council Committee Meeting Minutes *1. Transit/ Transportation Planning Committee —March 17, 2011 *2. Neighborhood Development Committee —April 6, 2011 *3. Council Economic Development Committee — April 6, 2011 *4. Gang Free Initiative Committee —April 7, 2011 5. Council Charter Revision. Committee (verbal) report from April 12 • Consideration of Resolution calling for a Primary Ballot proposition regarding proposed amendments to the City of Yakima Charter City Attorney Cutter referred to the work by the Council committee to update the City Charter.and the ballot proposition that could be submitted for the August 16 regular municipal primary election. The Council Committee (Adkison, Edler and Ettl) commented on the process and acknowledged citizens Bill Duerr and Lawrence Breer who also were involved in the effort. The City Clerk read the resolution by title; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION: The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2011 -51, A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the submission to the voters of the City of Yakima a Proposition on whether Articles I, II, III, IV, VI, VI I, VI 11, IX, X, XI, XI I, XIII, XIV, and XVI of the Charter of the City of Yakima should be amended to make corrective amendments throughout, conforming to state law provisions regarding elections and compensation of elected officials, initiative and APRIL 19, 2011 referendum, purchase of supplies, material, equipment and services, limitation of ® taxation, appointment of advisory boards, claims for damages, granting of franchises; repeal of Article XV pertaining to City Emergency Hospital; approving ballot title; making ancillary and corrective amendments throughout the Charter; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal election to be held August 16, 2011. Council committee meeting minutes were approved. • 5. Audience Participation s 4th of July Celebration Committee Special request for financial and City service support for Yakima's 4th of July Celebration Jamie Stickel, representing the Yakima 4th of July Committee, .requested $2,000 from the City, as well as other service support, to help sponsor the upcoming celebration. City Manager Zais gave history on the evolution of this event after the citizens voted to ban fireworks. The funds are not budgeted and if the request were approved, the money would come from the City's reserves. Discussion ensued on the funding request. Council Member Adkison asked for statistics on the decrease of fires since the 4th of July celebration was first held. COFFEY MOVED AND ADKISON SECONDED TO SUPPORT THIS REQUEST FOR $2,000. Following individual Council members' opinions on the subject, the motion carried by a 4 -3 vote; Edler, Ensey and Lover voting no. Mike- Hunnel, 1502 S. 18th Avenue, related his phone conversations with Mr. Allhouse from the City of Shoreline regarding ADA compliance issues and submitted' copies of emails and application forms. Council Member Ettl will call Mr. Allhouse to discuss Mr. Hunnel's issues. Robbie Burn, 109 Shamrock Drive West, expressed concern that if the Council accepted a donated art piece from Mexico, the placement would be costly to the City. She questioned the appropriateness of the recommended location for the art piece. Mayor Cawley advised that the City has not allocated any funds for placement. Kathleen Kinkaid,1006 S. 22nd Avenue, asked the Council to address the code that allows backyard poultry within city limits. She felt this should be a community supported decision and said she will. be submitting a text amendment to the Planning Commission on this issue. 7:00 P.M. — PUBLIC HEARINGS 6. CANCELED — applicant has withdrawn appeal 3 APRIL 19, -2011 CITY MANAGER'S REPORTS *7. Consideration of a Resolution authorizing execution, of an agreement with Yakima Sunrise Rotary Club for a shelter at Franklin Park RESOLUTION NO. R- 2011 -520 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Rotary Club of Yakima Sunrise for a new shelter at Franklin Park. 8. Consideration of a Resolution to accept a bronze bust of Jose Maria Morleos; a gift from the Mexican federal government in partnership with the City of Morelia, the Mexican Consulate and the Yakima Morelia Sister City Organization Michael Morales, Acting Assistant City Manager'discussed the gift presented to Council via the Mexican Consulate office.in Seattle (Mr. Alejandro Garcia Moreno). In cooperation with the Sister City Association, the Mexican federal government commissioned a bronze bust for presentation to City of Yakima. The Arts Commission reviewed the proposal in order to recommend appropriate placement in the city in compliance with guidelines of property owners. The Council is being asked to accept the gift from the Mexican consulate and our sister city and review the recommendation for placement in the center median strip on South 3ra Street between Ron's Coin and Book, Essencia Bakery, and, the Lofts. Jessica Moskwa representing the Yakima /Morelia Sister City organization spoke in support of the placement of the bust in the recommended location. Bob West, PO Box 8113, said he is not in support of the Council accepting the gift. The City Clerk read the resolution by title; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. Council Member Edler spoke about the city of Morelia and the wonderful relationship we have developed with them. Council Member Adkison talked about the Sister City organization and their self- supporting dedication. Council Member Lover did not agree with the suggested location nor did Council Member Ensey. Ms Moskwa advised that the Millennium Foundation will maintain it. Assistant Mayor Coffey expressed disappointment that this is becoming a political issue. Council Member Ettl acknowledged that the gift is "going to rub a sizable group of people the wrong way" but feels we need to graciously accept it and find the best location where people can appreciate it. The motion carried a 6 -1 vote, Lover voting no. EDLER MOVED AND ADKISON SECONDED TO ACCEPT THE ART COMMISSIONS RECOMMENDATION OF THE LOCATION FOR THE PLACEMENT OF THE PIECE OF ART PENDING TRAFFIC ENGINEERING APPROVAL. Following a brief discussion, the motion carried by a 4 -3 vote; Ettl, Lover and Cawley voting no. RESOLUTION NO. R- 2011 -53, A RESOLUTION accepting a bronze bust of Jose Maria Morelos; a gift from the Mexican federal government in partnership with the City of Morelia, the Mexican Consulate and the Yakima Morelia Sister. City Association. *9. Consideration 'of 2011 First Quarter Capital Improvement Projects Report The report was accepted. 4 �11 • 5 i I APRIL 1912011 *10. Consideration of the Yakima Police Department 2010 Annual Report The report was accepted. *11. Consideration of a Resolution adopting the 2010 Yakima County Multi - jurisdictional Hazard Mitigation Plan RESOLUTION NO. R- 2011 -541 A RESOLUTION adopting the 2010 Yakima County Multi- jurisdictional Hazard Mitigation Plan as the Official Hazards, Mitigation Plan -for the City of Yakima. *12. Consideration of a Resolution authorizing execution of an extension of the existing Inter - governmental Local Agreement for Years 4 and 5 for stormwater " permit compliance activities with the Regional Stormwater Policy Group RESOLUTION NO. R- 2011 -55, A RESOLUTION authorizing the City Manager to enter into an extension of the existing Inter - Governmental Local Agreement for Years 4 and 5 for storm water permit compliance activities with the Regional Stormwater Policy Group. *13.. Consideration of a Resolution authorizing execution of an agreement with OIC of Washington for a grant for reimbursement of HOME Community Housing Development Organization (CHDO) to continue work in developing in -fill housing RESOLUTION NO. R- 2011 -56, A RESOLUTION authorizing the City Manager to execute an agreement with OIC of :Washington for a grant of $50,000 of HOME CHDO set aside to continue work in partnership with the City of Yakima in developing in -fill housing as a certified Community Housing Development Organization (CHDO). 14. Consideration of a Resolution authorizing execution of a contract with Rural Community Development Resources (RCDR) in Community Development Block "business Grant (CDBG) funds for technical assistance to microenterprise for 2011 Michael Morales, Acting Assistant City Manager, said this is the third contract to provide technical assistance to microenterprise businesses in the former federal community renewal area. It has been presented to the Council Neighborhood Development Committee; the" committee discussed reducing the request amount. It was forwarded to Council without a recommendation.' The City Clerk read the resolution by title; EDLER MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. Council Member Lover, although he thinks they have performed above the contract requirements, has concerns about the amount requested. At the Neighborhood Development meeting he requested it be reduced to $20,000 because the funding source expired and it now has to come out of CDBG and will take away from other services. COUNCIL MEMBER LOVER MOVED TO TABLE THIS UNTIL IT CAN BE REVIEWED WITHIN THE PRIORITIES OF GOVERNMENT. The motion died due to the lack of a second. The original motion carried by a 6 -1 vote, Lover voting no. RESOLUTION NO. R- 2011 -57, A RESOLUTION authorizing the City Manager to execute an agreement with Rural Community Development Resources (RCDR) in the amount of Fifty Thousand Dollars ($50,000) in Community Development Block Grant -funds to provide technical assistance to microenterprise businesses within the City of . i Yakima. 5 APRIL 19, 2011 S. Consideration of a Resolution modifying the City Treasurer's petty cash and changefunds RESOLUTION NO. R- 2011 -58, A RESOLUTION amending Resolution No. R- 2010 -17, adopted January 19, 2010 and authorizing the existence of Change Funds, and other Petty Cash Funds, within the various Funds of the City of Yakima. *16. Consideration of a Resolution authorizing execution of a revised interlocal jail agreement with the City of Sunnyside RESOLUTION NO. R- 2011 -59, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a revised Interlocal Jail Agreement with the City of Sunnyside, Washington for the provision of jail services. *17. Final Contract. Payment for Belsaas & Smith Construction, Inc. — North 66rn Avenue and Summitview Avenue project (Standard Motion V -B — Accept the project and approve the final payment) The report from the City Engineer, dated March 9, 2011, with respect to the completion of the work on the North 66 Avenue and Summitview Avenue project, performed by Belsaas & Smith Construction, Inc. was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *18. Set Date of Closed Record Public Hearing for May 3, 2011 for Apple Blossom Phase VII preliminary long plat . May 3, 2011 was set as the Y date of closed record public hearing for Apple Blossom Phase VII preliminary long plat. *19. Set Date of Public Meeting for May 3, 2011 to consider final plat approval for the Plat of Mountain View Estates May 3, 2011 was set as the date of public meeting to consider final plat approval for the Plat of Mountain View Estates. ORDINANCES *20. Consideration of an Ordinance implementing the redirection of sales and use tax currently collected by the state to the City of Yakima regarding the City's Local Infrastructure Financing Tool (LIFT) ORDINANCE NO. 2011 -17, AN ORDINANCE Imposing the Local Sales and Use tax to be credited against the State Sales and Use tax for purposes of utilizing Local Infrastructure Financing in the Yakima Revenue Development Area pursuant to RCW 39.102 �11 P APRIL 19, 2011 ® *21. Consideration of an Ordinance to amend section 7.68.070 of the Yakima Municipal Code for compliance with state laws and providing methods to monitor and respond to water service cross - connection violations is ORDINANCE NO. 2011 -18, AN ORDINANCE pertaining to public services; revising the Yakima Municipal Code to provide a more functional and efficient mechanism for the City of Yakima Water /Irrigation Division to ensure the safety and integrity of the City's water system by adopting WAC regulations required for municipal compliance with state laws and providing methods to monitor and respond to water service cross connection violations; and amending section 7.68.070 of. the Yakima Municipal Code. *22. Consideration of Legislation regarding the Engineering Division: A. Resolution adopting the updated Procedures Manual for Construction of Public Improvement Projects under Private Contracts RESOLUTION NO. R- 2011 -60, A RESOLUTION adopting the updated Procedures Manual for Construction of Public Improvement Projects Under Private Contracts. B. Ordinance establishing the rates to be charged to review and inspect public improvement projects ORDINANCE .NO. 2011 -19, AN ORDINANCE establishing the rates to be charged by the City's Engineering Division to review the design documents for, and inspect the construction of, public works improvements in conjunction with subdivision, development and redevelopment of real property by private parties; and adding section 12.20 to the -City of Yakima Municipal Code. *23. Consideration of an Ordinance relating to limited commissions for Refuse Code Compliance Officers ORDINANCE NO. 2011 -20, AN ORDINANCE relating to Police Chief — Limited . commissions; and amending Section 1.48.026 to the Yakima Municipal Code. 24. Other Business • Barge Chestnut Issue Acting Assistant City Manager Morales addressed Council Member Ensey's concerns about the 2005 Historic Preservation ordinance for individual properties and the guidelines for a district such as Barge- Chestnut. He outlined six refinements Council could consider to the 2005 model ordinance. Council requested this issue be added to the May 17, 2011 Council meeting agenda. • Gang Free Initiative (GFI) City Manager Zais informed Council that the Gang Free Initiative Committee has scheduled a retreat in early May. Michael Morales advised that Council briefings from GFI would be made on a quarterly basis. 7 APRIL-19,2011 • Intergovernmental Committee Council Member Ensey advised that the Intergovernmental Committee has discussed creating sub - committees to work on specific issues that require special attention and may request other Council members to participate in some of these specialized committees. He asked that this issue be added to the May 3, 2011 Council meeting agenda. • Fire Department 3 -month tiered response project Council Member Edler asked for the report that was to have been created some time ago from the doctor who oversees emergency resources, cardiac responses, etc. Acting Chief Willson stated he did not have a report from the County medical office; but, they tried the tiered response project for three months and he was not satisfied with the results. Council Member Lover asked for a written evaluation of the program. • Street problems Council Member Edler stated we need a solution to our street problem. He does not anticipate any federal or state funds will be available for streets and does not believe creating LIDs are the answer. Bill Duerr invited Council Members to the Barge- Chestnut board meeting on Thursday, April 21St at 6 p.m. and asked them to discuss the issues of concern with members of the board before revisiting the issue on May 17. 25. Adjournment EDLER MOVED AND COFFEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 8:22 p.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER COUNCIL MEMBER . MICAH CAWLEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office E3 DATE DATE 0