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Home My WebLink About10/06/2009 04A Draft Minutes 09-15-2009 Business MeetingYAKIMA CITY COUNCIL BUSINESS MEETING SEPTEMBER 15, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 12:00 NOON — EXECUTIVE SESSION CONVENTION CENTER 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Bill Lover, and Sonia Rodriguez; Staff: City Manager Zais Absent: Council Member Ensey (Excused) 2. Executive Session: • City Manager's Annual Review The Executive Session was held and adjourned at 2:47 p.m 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding; Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, Acting City Attorney Harvey and Deputy City Clerk Watkins Absent: Council Member Ensey (Excused) 2. Executive Session: • Prospective litigation The Executive Session was held and adjourned at 5:57 p.m. • SEPTEMBER 15, 2009 6:00 P.M. — BUSINESS MEETING 1. Roll Call Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Bill Lover, and Sonia Rodriguez Staff: Assistant City Manager Zabel[, Acting City Attorney Harvey and Deputy City Clerk Watkins Absent: Council Member Ensey (Excused) 2. Invocation /Pledge of Allegiance Assistant Mayor Cawley gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations - None B. Presentations /recognitions /introductions • NE Neighborhood Improvement Project Greg Harpel and Cherize Ramirez, summer interns in the Community and Economic Development Department, gave a report on the projects they worked on during their internship. Their main focus was promoting civic engagement in the northeast Yakima community. C. Status report on prior meeting's citizen service requests — Connie Little Assistant City Manager Zabell reviewed the response letter from the Code Department sent to Mrs. Little regarding the fire hazards at the Boise Cascade Mill site. Mrs. Little suggested a site needs to be decided upon to assist her in her continued efforts to obtain donations for the future aquatic center. D. Appointments to Boards, Commissions and Council Committees - None 4. Consent Agenda Mayor Edler 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 to the Consent Agenda. The Deputy City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND COFFEY SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. *A. Consideration of approval of Council Minutes - None *B. Consideration of approval of Council Committee Meeting Minutes • Public Safety Committee -July 30, 2009 The Council Committee meeting minutes were approved. • 2 SEPTEMBER 15, 2009 5. Audience Participation Jerod Riley asked for status on the parking situation on 0 Street and Chestnut Avenue. He was advised that it is still under review by the Committee for Downtown Yakima and he would be advised prior to any enforcement activity. .Diane Fortier presented the idea of holding a classic car show in Yakima and suggested it be held the 4 "' of July. She asked for Council support. At this point, they have received interest for participation that would result in showing over 800 .cars and have at least 60 volunteers to help with the event. David Poling suggested Ordinance 6.06 on Emergency Powers is redundant with Ordinance 6.44 on Firearms and Weapons and should be revised or removed. Candie Turner asked for Council to intercede on her behalf to resolve an issue of a weedy area along S. 80'h Avenue.from Nob Hill Boulevard south to Wide Hollow Road. Emma Fischbeck complimented the summer interns on their efforts and successes and encouraged more neighborhoods to do the same. Barbara Greco, For A Better Tomorrow, invited Council and the public to a fundraising event this Friday called "Fashion Front7. Council Members Rodriguez and Coffey will be participating in the event. Greg Stewart of the Central Washington Fair thanked Council and various City departments for their support and invited everyone to this year's fair. He also invited the Council to participate in a reception to be held on October 2"d. 7!00 P.M. PUBLIC HEARINGS CANCELLED 6. A. "OpeR n fOF the Master Planned Develonment/PreliminaFy Plat of Tocnanna , Phase I Hearing Cancelled. — To be reset at a later date CITY MANAGER'S REPORTS *7. Consideration of report from the Public Safety Committee: * Graffiti enforcement activities *8. Consideration of 2nd Quarter Finance reports: A..2nd Quarter 2009 Treasury Report B. Accounts Receivable Status Report — 2nd Quarter *9. Consideration of a Resolution authorizing renewal of an Educational Services Agreement for Firefighter Training 3 SEPTEMBER 15, 2009 RESOLUTION NO. R- 2009 -126, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to approve and execute an Interlocal Agreement between the City of Yakima and Yakima School District No. 7 for educational services for firefighter training for 2009 -2010. *10. A. Consideration of a Resolution authorizing execution of an Interlocal Agreement with the City of Union Gap for temporary use of Union Gap Fire Station 86 during Yakima Fire Department's Station 94 construction project RESOLUTION NO. R -2009 -127, A RESOLUTION authorizing the City Manager to execute an Interlocal agreement between the City of Yakima and the City of Union Gap for temporary use of Union Gap Fire Station 86 by Yakima Fire Department during the Station 94 construction project. B. Consideration of Resolution authorizing execution of an agreement with the City of Union Gap, IAFF Local 469, and IAFF Local 3680 regarding RESOLUTION NO. R -2009 -128, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima, City of Union Gap,. IAFF Local 469, and IAFF Local 3680, regarding Yakima Fire Departments temporary relocation of Fire Station 94 personnel to City of Union Gap Fire Station 86 during the Station 94 remodel project. *11. Set date of a public hearing for October 6, 2009 concerning the Foursquare Church /Hochrein Annexation October 6, 2009 was set as the date of public hearing concerning the Foursquare Church /Hochrein Annexation. ORDINANCES *12. Consideration of an Ordinance relating to the amendment of various sections of the Yakima Municipal Code, Chapter 15.27 Critical Areas, to comply with the requirements of the Federal Emergency Management agency and National Flood Insurance Plan, and amending sections 15.27.160; 15.27.316; 15.27.460; 15.27.407; 15.27.414; 15.27.415; 15.27.418; 15.27.421; 15.27.424; 15.27.426; 15.27.702; and 15.27.820 of the Yakima Municipal Code. ORDINANCE NO. 2009 -42, AN ORDINANCE amending several sections of the Yakima Municipal Code Chapter 15.27, Critical Areas, to comply with the requirements of the Federal Emergency Management Agency and National Flood Insurance Plan; and amending sections 15.27.160; 15.27.316; 15.27.400; 15.27.407; 15.27.414; 15.27.415; 15.27.418; 15.27.421; 15.27.424; 15.27.426; 15.27.702; and 15.27.820 of the Yakima Municipal Code. 4 SEPTEMBER 15, 2009 13. First reading of an Ordinance amending the 2009 budget and appropriating funds for Criminal Justice: (Read Ordinance by title only, second reading scheduled for October 6, 2009). Increased jail expenses ® Increased police overtime • Increased indigent defense expenses Assistant City Manager Zabel[ stated that the General Fund impact will be on the order of $970,000 to cover the increase in jail expenses, police overtime, and indigent defense. Approximately $914,000 would come from the General Fund Reserves. The remainder will be covered'by grant revenue. An Ordinance amending the 2009 budget and.appropriating funds for costs related to increased expenses with regard to jail, police overtime and indigent . defense, was read by title only, and laid on the table unfit October 6, 2009 for a second reading. 14. Other Business Legal Fees — Petition in recall of Rick Ensey RODRIGUEZ MOVED AND CAWLEY SECONDED TO CAP PAYMENT OF RICK ENSEY'S ATTORNEY FEES TO COVER UNTIL THE JUDGE MAKES A DECISION ON THE INITIAL HEARING ON WHETHER THERE IS SUFFICIENCY OF THE RECALL GOING FORWARD AND THEN AT THAT TIME REVIEW BEFORE AUTHORIZING FUTURE LEGAL EXPENSES. ALSO, IF IT IS GOING TO BE AN ONGOING PROCESS, ASK STAFF TO LOOK INTO WHAT OTHER CITIES HAVE DONE AT THAT POINT. Discussion covered a variety of scenarios. Timing for reconsideration was discussed as well as Council's ability to authorize attorney fees on an appeal. Council Member Coffey stated that the motion made on September 1s' gave Council Member Ensey full support to pay for his attorney fees. She blamed the City Attorney for not getting the information Council Member Rodriguez was requesting to Council prior to their making a decision and expressed concem about whether the commitment made at the last meeting could be withdrawn. Assistant City Attorney Harvey advised that the Council always has the authority to re- examine and amend. Council Member Rodriguez emphasized that the information could have been requested and a decision delayed. The motion failed by a 3-3 roll call vote; Lover, Adkison and Coffey voting no. • "Mayor's Against Illegal Guns" Mayor Edler spoke about the controversy that has arisen, specifically from the National Rifle Association (NRA), about his joining 450 Mayors across the nation and signing on to a national coalition called "Mayor's Against Illegal Guns." There is an effort to hold a forum on violent crime and illegal firearms in Yakima and he asked Council for their authorization before giving the go -ahead to host the foram. Council Member Lover expressed frustration that Mayor Edler had not asked for Council's opinion prior to joining the national group. Following a long 5 15. SEPTEMBER 15, 2009 discussion, LOVER MOVED AND CAWLEY SECONDED TO ALLOW THE MAYOR TO BE INVOLVED IN THE "MAYOR'S AGAINST ILLEGAL GUNS" ORGANIZATION. The motion carried by a 4 -1 roll call vote; Cawley voting no and Edler abstaining. It was the consensus of Council to host the forum. Adjoumment CAWLEY MOVED AND COFFEY SECONDED TO ADJOURN TO SEPTEMBER 22, 2009 AT 8:00 A.M. FOR A COUNCIL STUDY SESSION IN THE COUNCIL CHAMBERS REGARDING ALTERNATIVE PROCEDURES FOR HEARING DCAMINER APPEALS. The motion carried by unanimous voice vote. The meeting adjourned at 7:46 p.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER COUNCIL MEMBER DATE DATE DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office n- • r� •