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HomeMy WebLinkAbout08/04/2009 04A Draft Minutes 07-21-2009 Business Meeting• YAKIMA CITY COUNCIL BUSINESS MEETING JULY 21, 2009 COUNCIL CHAMBERS - YAKIMA CITY HALL 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley (present after 6 :32 p-m.), Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter, City Clerk Moore 2. invocation/Pledge of Allegiance Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations - none B. Presentations /recognitionsrntroductions • Recognition of YV Tech Fire Cadet student Devin Schlotman • .Fire Training Assistant Brandon Dorenbush introduced Fire Cadet Devin Schlotman. noting that he placed a overall in the U.S. at the national competition for cadets. ` • Introduction of Reina Almon, Miss Washington Outstanding Teen Reina Almon was introduced by Clark Satre of Pacific Power. Ms. Almon spoke about the organization and the benefits of the pageant. Ester Huey introduced young ladies from the Southeast Community Center Leadership Camp for girls. C. Status report- on prior meeting's citizen service requests - none D. Appointments to Boards, Commissions and Council Committees 1. Yakima Basin Fish and Wildlife Recovery Board LOVER MOVED AND ENSEY SECONDED TO APPOINT MAUREEN ADK/SON TO THE YAKIMA BASIN FISH AND WILDLIFE RECOVERY BOARD. The motion carried by unanimous voice vote. 2. Yakima Air Terminal - McAllister Field Board — Mike Morrisette ADKISON MOVED AND COFFEY SECONDED TO APPOINT MIKE MORRISETTE TO THE YAKIMA -AIR TERMINAL BOARD. The motion carried by unanimous voice vote. 3. Yakima Housing Authority Board — Christine Goodwin COFFEY MOVED AND LOVER SECONDED TO APPOINT CHRISTINE ® GOODWYN TO THE YAKIMA HOUSING AUTHORITY BOARD. The motion carried by unanimous voice vote. JULY 21, 2009 • 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. Items No. 8, 9 and 10 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. RODRIGUEZ MOVED AND COFFEY SECONDED TO ADOPT 7HE 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 • Business Meeting — July 7; 2009 *B. Consideration of approval of Council Committee Meeting Minutes • Council Economic Development Committee — July 1, 2009 • City /County Intergovernmental Committee — July 7, 2009 5. Audience Participation Connie Little submitted a letter recommending establishing a fund to acct donations for an aquatic center-along the I-82 corridor and donated $1,000 from the Little family. She also suggested it have a wertern/Victorian theme- Jerry Werst, 214 N. 77"' Avenues, spoke against the change in the traffic flow at RY Po 9 9 Summmitview and 72nd Avenue saying he didn't agree with the validity of the reasons given for the change. He referred to the high level of truck traffic at that location and the problem it will cause with school buses stopping traffic. Mark Needham; 1216 N. 2e Avenue, also testified against the change. He suggested a better solution would be similar to the recent change at 40P Avenue and Nob Hill Boulevard where the second turn lane has the option to turn or go straight- Ed Peterson also spoke against the change as'did David Bush and Casey KftL Bill Huibregtse, 6412 Scenic Drive, a retired civil engineer, said he had over 40 years of experience on streets and traffic in the City of Yakima and thinks a good job was done on the change. He encouraged the public to give it a chance noting that there is always a need for balance between traffic capacity and safety. He suggested that, if after 5-7 years it turns out to not be a good idea, it can be changed back the next time the area is seal coated. He did suggest that the signal timing be looked into as a result of the change. Chris Waarvick, Public Works Director, said striping of the area could be delayed until after the next Council meeting. He also advised that they had answers for most all of the comments. Traffic counts and accidents were looked into before the decision was made. It was the consensus of Council to have the Transit/Transportation Committee review the item again and bring it back to Council. The public was invited to attend that meeting. John Puccinelli, 4102 Donald Drive, raised issues about the recent closure of Yakima Avenue for cage fighting and suggested it not be allowed for a "for profit° E JULY 21, 2009 Ofunction. Due to time constraints for public hearings, further discussion on this item was deferred until Other Business on the agenda. 6. Public Hearing and consideration of a Resolution ratifying an application for a law enforcement grant from the U.S. Department of Justice, Bureau of Justice Assistance, under the Edward Byrne Memorial Justice Assistance Grant program and authorizing corresponding interlocal agreement with Yakima County Deputy Police Chief Rosenow described the grant and what it would fund. Mayor Edler opened the public hearing and with no one coming forward, closed it. CAWLEY MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUT/011l. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -102, A RESOLUTION ratifying an application for a grant in the total amount of $100,405 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all documents and contracts necessary to complete said grant transaction. 7. Public Hearing and consideration of Resolutions to: • A. Adopt the Six -year Transportation Improvement Program for the years 2010 to 2015 and to amend the Metropolitan Transportation Plan; and City Engineer Mayo noted projects that had been added to the list and a few that have been completed and removed. He explained that the list allows projects to be eligible for different types of funding. Although it doesn't necessarily mean we will build it, if funding becomes available we will be allowed to accomplish it. He noted the addition of a project that came up after the list was submitted and would like to take action on it as well tonight. ADIUSON MOVED AND COFFEY SECONDED TO INCLUDE RIVER ROAD BETWEEN 6TH AND 167H AVENUES. The motion carried by unanimous voice vote. Mayor Edler opened the public hearing and with no one coming forward to speak, closed it. The City Clerk read resolution A; CAWLEY MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R -2009 -103, A RESOLUTION adopting a Sox -Year Transportation Improvement Program for the period of 2010 through 2015 for the construction of streets and arterials streets in the City of Yakima and amending the Metropolitan Transportation Plan. B. Amend the Yakima Urban Area Comprehensive Plan Capital FaciffUes Element to incorporate the adopted Six -year Transportation Improvement Program • 3 JULY 21, 2009 The City Clerk read the resolution by title only, CAWLEY MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -104, A RESOLUTION to amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the Six -Year Transportation Improvement Program (TIP) for the period of 2010 through 2015. CITY MANAGER'S REPORTS *8. Consideration of a the Dahl Annexation Initiation (Adopt standard motions A and B). Standard motions A and B were adopted. *9. Expansion of the Foursquare Church/Hochrein Annexation Area (Adopt standard motions A and B). Standard motions A and B were adopted. *10. Consideration of the Engineering Second Quarter Capital Improvement Projects report. The report was accepted. *11. Consideration of a Resolution authorizing execution of an interlocal agreement with the City of Selah and Nob Hill Water Association to complete an evaluation of automating water meter reading and to evaluate some shared resources • RESOLUTION NO. R- 2009 -105, A RESOLUTION authorizing the City Manager to execute an Interiocal Agreement with the City of Selah and Nob Hill Water Association to cooperate in the Upper Valley Automated Meter Reading Evaluation. *12. Consideration of a Resolution execution of an engineering and consulting services agreemennt with Gray and Osborne associated with the Upper Yakima County Water Meter Automation Evaluation. RESOLUTION NO. R- 2009 -106, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with. Gray and Osborne, Inc. for engineering and consulting services associated with the Upper Yakima County Water Meter Automation Evaluation. *13. Consideration of a Resolution authorizing execution of an agreement with CWA Consufting Services, LLC, for Local Limit Development for the Yakima Wastewater Treatment Plant RESOLUTION NO. R- 2009 -107, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with CWA Consulting Services, LLC for Local Limit Development for the Yakima Wastewater Treatment Plant • 4 • JULY 21, 2009 ORDINANCES 14. Consideration of an ordinance related to Stornmater Illicit Discharge — revising two provisions in Chapter 7.85 and specifically amending Yakima Municipal Code Secs. 7.85.050 and 7.85.170 City Manager Zais reminded Council that this ordinance was enacted at the last Council meeting in order to meet a deadline. -The suggestions made by Clarence Barnett have been reviewed as well as other items that have arisen since the enactment. Wastewater Manager Schafer reviewed the suggested amendments in the ordinance: • Adding each week as a separate violation_ Retain each day if there is an imminent threat to public safety and Health. • Include language that there be a reasonable period of time to correct connections made in the past that are now illicit. • Include language that if there are extenuating circumstances, the City would make concessions to allow the appeal to be filed after the 15 day period shown in the ordinance. • With regard to the "issuance," revise the language to "legally acceptable receipt of the City's decision.' In other words, the postmarked date of the notice. • The City Clerk read the ordinance by title only that included the first three amendments; CAWLEY MOVED AND ENSEY SECONDED TO PASS THE ORDINANCE CONTAINING THE THREE PROPOSED REVISIONS. The motion carried by unanimous roll call vote. Following further discussion; CAWLEY MOVED AND.ENSEY SECONDED TO ACCEPT THE FOURTH PROPOSED REVISION TO THE ILLICIT STORMWA TER ORDINANCE The motion carried by unanimous roll call vote. Following the City Attorney reading the language, CAWLEY MOVED AND ENSEY SECONDED TO ACCEPT THE LANGUAGE CHANGE IN BOTH SECTIONS 7.85.9606 AND 7.85160A. The motion carved by unanimous roll call vote. ORDINANCE NO. 2009-37, AN ORDINANCE related to illicit stormwater regulation; adopting a new chapter in Title 7 of the Yakima Municipal Code entitled Sbormwater Illicit Discharge pursuant to auftwrilly provided in the state Water Pollution Control Act, Ch. 90.48, RCW, and the federal Water Pollution Control Acts (the Clean Water Act), 33 USC 1251 et seq.; defining the illicit stormwater discharge prohibitions; specifying the procedures and standards for inspections, including right of entry; providing for enforcement including administrative, civil and criminal penatties; p the procedures and standards for appeals and hearings; and, creating a new Chapter 7.85 of the City of Yakima Municipal Code, with revisions concerrthg: (1) The time allowed for bringing a connection into compliance (180 days) is (2)* Classifying violations and civil penalties by the week (general violations) and by the day (violations with an imminent threat to public health and safety); and, (3) Clarifying the time period for appeals to the City Council. 5 JULY 21, 2009 • *15. Consideration of an Ordinance relating to public safety; adopting Section 9.50.280 of the Yakima Municipal Code entitled "Avoidance of Intersections, Penalty" ORDINANCE NO. 2009 -35, AN ORDINANCE relating to Public Safety; adopting Section 9.50.280 of the City of Yakima Municipal Code, entitled "Avoidance of Intersection, Penalty," which describes the offense, describes an infraction penalty amount, and provides for exceptions to such offense. *16. Consideration of an ordinance relating to public safety; amending sections of Chapter 6.68 and repealing section 6.04.235 of the Yakima Municipal Code to adopt the equivalent RCW statutes regarding new property crime thresholds effective September 1, 2009 ORDINANCE NO. 2009-36, AN ORDINANCE relating to Public Safety; amending the Title and repealing certain sections of Chapter 6.68 and repealing section 6.04.235 of the City of Yakima Municipal Code for the purpose fo adopting the equivalent Revised Code of Washington Statutes which reflects the new property crime thresholds enacted by the legislature and effective September 1, 200. 17. Other Business • Consideration of a recommendation from the Council Rules and Procedures Committee to hold a public hearing regarding Initiative -1033 ENSEY MOVED AND COFFEY SECONDED TO ALLOW A PUBLIC HEARING ON INITIATIVE 1033 IN CONJUNCTION- WITH YAK/MA COUNTY BUT TO TAKE NO AC77ON AS A RESULT OF THE HEARING. The motion carried by a 6-1 roll call vote; Edler voting nay. • 0.3% Sales, Tax Ballot Issue City Manager Zais advised that there is to be another request for a public hearing on the 0.3% sales tax that will be on the November ballot LOVER MOVED AND RODRIGUEZ SECONDED TO HOLD A PUBLIC HEARING WITH THE INTENT OF MAKING A DECISION OF WHETHER OR NOT TO ENDORSE THE 0.3% SALES TAX BALLOT ISSUE The motion carried by unanimous voice vote. O Stormwater Ordinance City Manager Zais advised that staff will be scrutinizing the actions taken on the stormwater ordinance to make sure all technicalities are covered. If necessary, we will bring a final corrected ordinance to the next business meeting. • Monday Media Meetings Council Member Ensey raised the issue of the Monday Media-Meetings. It was changed from the mayor conducting the meeting to provide for other Council Members to run it but only two Council members have been willing to do it. Following discussion, it was the consensus of Council to have a rotating schedule for Council members to facilitate the Monday media meetings and to • also identify an available alternate for each meeting. 0 • • • Yakima Avenue Closure JULY 21, 2009 An information discussion continued on what happened with the recent closure of Yakima Avenue for the cage fighting/martial arts event The approval process is being modified to avoid fixture confusion. 18. Adjournment CAWLEY MOVED AND ENSEY AND SECONDED TO ADJOURN TO AUGUST 4, 2009 AT 2:00 P.M. FOR A COUNCIL BUSINESS TWEETING IN THE COUNCIL CHAMBERS The motion carried by unanimous voice vote. The meeting adjourned at 7 :42 P.M. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE DAVID EDLER, MAYOR Minutes prepared by Linda Watkins_ A CD and DVD of this meeting are available in the City Clerk's Office 7