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HomeMy WebLinkAbout06/16/2009 04A Draft Minutes 05-05-2009 Business Meetingt YAKIMA CITY COUNCIL BUSINESS MEETING MAY 5, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 6:00 P.M. — PUBLIC MEETING 1. Roll Call 1-/ *A Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Bill Lover, and Maureen Adkison following her oath of office Staff: City Manager Zais, City Attorney Cutter and City Clerk Moore Absent: Sonia Rodriguez (excused) 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. Council Member Adkison was seated. 4. Open Discussion for the Good of the Order A. Proclamations • National Day of Prayer Mayor Edler read a proclamation declaring May 7th as National Day of Prayer. John VanBell accepted and invited people to the Mayor's prayer breakfast. Twenty seven churches have opened up their doors as prayer stations. • Soroptomist International of Yakima Salute to Our Heroes Day Assistant Mayor Cawley read the proclamation declaring May 9th as Soroptomist International Salute to Our Heroes Day. Jayne Tienken was present to accept and invited the public to Mike Olsen Dodge for an event saluting 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 May 11 -15 as Salvation Army week. Becki Barnett accepted the proclamation. 5. MAY 5, 2009 B. Special presentations I 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. Last week Governor Gregoire signed the banning legislation. C. Status report on prior meeting's citizen service requests • Proclamation process In response to Robbie Byme's questions from a previous meeting, City Manager Zais briefly provided Yakima's guidelines for issuing proclamations. They are based on the City of Seattle's process. • Review of legal opinion regarding assessment exemption for Sun Tower on the basis of religious ownership City Attorney Jeff Cutter said ownership is registered as Sun Tower, aka Yakima First Baptist Homes. Although it can be assumed there is a religious entity ownership, the purpose statement did not indicate a religious purpose for what they offer to the public. LOVER MOVED AND COFFEY SECONDED TO NOT . CONSIDER A WAIVER FOR THE SUN TOWER. The motion carried by a 5 -1 vote; Cawley voting no and Rodriguez absent. D. Appointments to Boards and Commissions - None 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. The 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. (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 — April 7, 2009 • Adjourned Meeting — April 14, 2009 • Special Meeting — April 14, 2009 The minutes of the April 7, 2009 Business meeting; the April 14, 2009 Adjourned meeting; and the April 14, 2009 Special meeting 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 • Council Aquatic Executive Committee — April 7, 2009 • Council Neighborhood Development Committee — April 8, 2009 The Council committee meeting minutes were approved. 2 s • e MAY 5, 2009 r6. Audience Participation. Candy Turner, 7800 W. Mead, referred to a previous request for a street light at Zier Road and 80" Avenue. She also asked Council to stop pursuing the aquatics center project and warned them to be skeptical of a "puppeteer." Cesar Dominguez, 1406 W. Chestnut Avenue, spoke about the adult theme coffee stands starting up in Yakima. He suggested they are adult entertainment and should be regulated as such. He submitted a copy of an ordinance that qualifies them as adult entertainment. He also submitted .a list of ninety -five names of other citizens who agree with him. Pat Sisson, 1319 S. 2nd Avenue, and Ray Dean, 2810 S. 42nd Avenue, alleged that the residents at 1401 South 2nd Avenue are operating a car repair business in a residential area. They complained about illegal parking on both sides of the street. Mayor Edler said the Code Compliance staff would investigate the situation and provide a report at a future meeting. Two high school seniors 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 of the Cinco de Mayo event. John Cooper, General Manager 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 8th Street to accept a proposal from: A. OIC of Washington to demolish the existing structure located at 201 South 8t" 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, advised that, as a result of direction from the last Council meeting, they posted the property for sale and accepted five proposals. Mary Burnett, who had approached Council at the last meeting and suggested the City gift the property to them and they would move it, has since reworked their proposal. They would still like the property gifted but they would now accept it where it is and would restore it to a tri -plex. The second proposal offered $7,000; the third offered $15,000; the fourth was for $20,200; and the fifth was from Mr. Albino Perez for $21,000 who would rehab it. He said it is Council's decision on which of two proposals to accept, but if the decision is not made tonight, staff 40 cannot commit to meeting the timing conditions required on federal money. If we don't meet the conditions and give the HUD money back, the property becomes exempt and will never be able to use federal money in the future. 91 0 9. T MAY 5, 2009 Bill Cook, Director of Community and Economic Development, said there is risk with the proposal as we don't know Mr. Perez nor are we aware of his experience. Mr. Perez is aware that there are no additional federal funds available and that it has to be completed with a certificate of occupancy within one year. The City will still be using non - federal funds to make up the difference between the offer and the requirement. It will repay and resolve the situation with HUD. Mr. Cook allowed that we could discuss a condition with the preferred bidder that the deed would not pass to him until the certificate of occupancy was obtained; that could be an obstacle for him when obtaining funds. If we missed the timelines, it could become a code enforcement issue. Maud Scott encouraged the Council to accept the proposal and vouched for Mr. Perez and the quality of his work. The City Clerk read the resolution by title; ENSEY MOVED AND ADKISON SECONDED TO CHOOSE ITEM B AND SELL THE PROPERTY TO THE HIGHEST BIDDER (MR. PEREZ). The members of the Historic Preservation Commission offered their expertise to Mr. Perez. Council Member Coffey directed staff to include a restriction in the sale documents regarding the fact that the house must have a certificate of occupancy within the year timeframe conditioned by HUD. The motion carried by unanimous roll call vote, Rodriguez absent. RESOLUTION NO. R- 2009 -67, A RESOLUTION accepting a proposal from the highest bid received for sale and rehabilitation of the existing structure at 201 South 8th Street. Consideration of a right -of -way use permit application for a fence in the vicinity of West Spruce Street and South 9"' Avenue This item is a continuation from the January 6, 2009 Council meeting. Mr. Ramirez's fence is 19 feet into the City's right-of-way. The permit rulings have changed, but Mr. Ramirez's fence is grandfathered. Also, he received a letter from the City telling him the six foot fence must be lowered to four feet. Following discussion, COFFEY MOVED AND ENSEY SECONDED TO LEAVE THE SETBACK AS IT IS BUT THAT IT MUST BE LOWERED TO A HEIGHT OF FOUR FEET. The motion carried by unanimous roll call vote; Rodriguez absent. 2008 Year -end Budget Revenue and Expenditure report City Manager Zais presented the report noting that the City ended 2008 in a sound financial position. He then reviewed the expense status of the 2009 budget. CAWLEY MOVED AND COFFEY SECONDED TO ACCEPT THE REPORT. The motion carried by unanimous voice vote. Report regarding referral of appeals of Hearing Examiner decisions to the Yakima County Superior Court Joan Davenport, Planning Manager, presented information on the feasibility of referring appeals of Hearing Examiner decisions directly to Superior Court. The reasons for the Council request to do so, were: (1) appeals have become very technical, (2) the regulatory backgrounds are complicated, (3) appeals of land use matters take extensive agenda time, and (4) they draw emotional citizens, and because of ex -parte contact, Council members cannot talk to them about many of the matters. There are ten first class cities in the state of Washington, the majority is of which refer hearing examiner appeals to the Superior Court. Mrs. Davenport MAY 5, 2009 noted there are potential negatives for the citizens such as the filing fee for Superior Court ($200) and the appellant may be required to provide a verbatim transcript of the public hearing at their own expense. If Council approves this procedural change, a public process would be required. City Attorney Cutter suggested an ordinance be written, reviewed by the RPC and then the Joint Board; following which we would begin amending numerous areas of the municipal code. The RPC would be the entity that would hold the public hearings. EDLER MOVED AND COFFEY SECONDED TO BEGIN THE PROCESS OF ELIMINATING HEARING EXAMINER APPEALS COMING BEFORE COUNCIL BY REFERRING THE SUBJECT TO THE INTERGOVERNMENTAL COMMITTEE. The motion carried by unanimous roll call vote; Rodriguez absent. 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, informed Council that in the current interlocal agreement with the County to perform the duties of the Stormwater Program, there is a year -three requirement to submit a letter by May 16, 2009 expressing our desire to remain as a partnership. This partnership allows us to maintain our goal of a minimal program while remaining in compliance. If we were to opt out of the partnership, we would have to continue the work we currently are doing as well as take on the regulatory duties the County is providing for us. CAWLEY MOVED AND ENSEY SECONDED TO SIGN AND SEND THE LETTER. The motion carried by unanimous voice vote; 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) RESOLUTION NO. R- 2009 -68,.A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Agreement with the numerous Water and Wastewater Utilities in Washington State to cooperate in a network of water and wastewater mutual aid known as the Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network (WARN). *13. Consideration of a Resolution authorizing execution of an agreement with Seasons Performance Hall for promotions for the Seasons' Annual Fall Festival RESOLUTION NO. R- 2009 -69, A RESOLUTION authorizing a contract between the City of Yakima and the Season Performance Hall for implementation of a promotional campaign for the Season's annual Fall Festival. *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 iRESOLUTION NO. R- 2009 -70, A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement between the City of Yakima and Yakima County for 5 MAY 5, 2009 the design and construction of sanitary sewer lines and a pedestrian bridge in Cowiche Canyon. *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 RESOLUTION NO. R- 2009 -71, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement in an amount not to exceed $280,000 for administrative, construction management and inspection services for the Nob Hill Boulevard Overpass Repairs project. *16. Consideration of a Resolution authorizing execution of a professional services agreement with PLSA Engineering and Surveying for surveying services at 6e Avenue and Summitview Avenue Intersection Improvements project RESOLUTION NO. R- 2009 -72, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a professional services agreement in an amount not to exceed $ 15,800 for surveying services on 66�h Avenue and Summitview Avenue Intersection Improvements project. *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 RESOLUTION NO. R- 2009 -73, A RESOLUTION authorizing the purchase of the COBAN In -car VMDT II Digital Video Recording System as a sole source purchase without calling for bids. 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 Bill Cook, Community and Economic Development Director, explained the ordinance implements the change in the way we process right -of -way use permits. The requests will now go to the Community Review Board. The City Clerk read the ordinance by title; CAWLEY MOVED AND COFFEY SECONDED TO APPROVE THE ORDINANCE The motion carried by unanimous roll call vote; Rodriguez absent ORDINANCE NO. 2009-18, AN ORDINANCE related to neighborhood conservation; authorizing the Community Review Board established under YMC Chapter 11.10 to review and issue decisions for applications for residential right -of -way use permits described in YMC Chapter 8.20; and amending sections 11. 10.010 and 11. 10.400 of the City of Yakima Municipal Code. is 0 MAY 5, 2009 is*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 ORDINANCE NO. 2009 -19, AN ORDINANCE relating to parks and playgrounds; relating to possession of firearms in any park or playground; and amending Yakima Municipal Code Section 13.16.120. *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 ORDINANCE NO. 2009 -20, AN ORDINANCE relating to public safety and morals; relating to making or possessing motor vehicle theft tools; and adding Yakima Municipal Code Section 6.68.150. 21. Other Business • Report from Council Intergovernmental Committee regarding reconstituting the Joint Board City Manager Zais commented that a motion is needed to appoint members to the Joint Board, if the Council plans to reconstitute it. ENSEY MOVED AND CAWLEY SECONDED TO HAVE THE MEMBERS OF THE INTERGOVERNMENTAL COMMITTEE BE APPOINTED TO THE JOINT BOARD. City Manager Zais clarified that this would be in addition to and would not eliminate the Intergovernmental Committee. The motion carried by unanimous voice vote. Adult coffee shops Mayor Edler relayed a recent experience where a young woman was on the sidewalk selling coffee in what he referred to as "underwear." He would like something done to make that illegal. City Attorney Cutter said, at a recent legal conference he attended, adult coffee shops were a topic of discussion. Most of the cities represented are also experiencing the problem and are very concerned about it. Many are working hard to find a solution. He asked Council to allow the Legal Department to provide as much information as possible prior to there being a motion and a decision to take specific prohibitive action because of liability associated with those actions. Council agreed. 22. Adjournment to Executive Session for one hour to: Receive and evaluate complaints or charges brought against a public officer or employee of the City Prospective Litigation Pending Litigation CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO EXECUTIVE SESSION. The motion carried by unanimous voice vote. The Council went into Executive Session at 8:05 p.m. MAY 5, 2009 Council reconvened in open session at 9:15 p.m. CAWLEY MOVED TO RESCIND THE PRIORITIES OF GOVERNMENT BUDGETING MODEL AND SCHEDULE A STUDY SESSION FOR THE PURPOSE OF THE CITY OF YAKIMA'S BUDGETING PROCESS. The motion carried by unanimous voice vote; Rodriguez absent. CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 9:20 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 C7j • C 11