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Home My WebLink About06/16/2009 04A Draft Minutes 05-19-2009 Business MeetingYAKIMA CITY COUNCIL 0 BUSINESS MEETING MAY 19, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 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, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais and City Attorney Cutter 2. Executive Session: • Pending and Prospective litigation The Executive Session adjourned at 5:46 p.m. 6:00 P.M. — BUSINESS MEETING O 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter and 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 Kathy Coffey publicly apologized to Mayor Edler and Council Member Rodriguez for her recent comments made in emails regarding the Priorities of Government budget issue. A. Proclamations • Americorps Mayor Edler read a proclamation declaring May 10-16, 2009 as Americorps Week. Members of the Americorps team accepted the proclamation. B. Special presentations / recognitions.— None MAY 19, 2009 0 C. Status report on prior meeting's citizen service requests • 1. Code compliance complaint at 1401 South 2 "d Avenue — requested by Pat Sisson and Ray Dean Joe Caruso, Acting Code Manager, reviewed the report supplied to Council. The complaint of operating an auto repair business at this location was investigated and unsubstantiated. 2. Street Light at the intersection of Zier Road and 80"' Avenue — requested by Candie Turner Chris Waarvick, Public Works Director, advised that there are seven street lights in this area. There is no budget to add anymore at this time. One option would be to create a lighting local improvement district. 3. Regulating attire at coffee stands — requested by Cesar Dominguez Cynthia Martinez, Assistant City Attorney, advised they were looking into all areas in the Municipal Code that may be applicable. The coffee stand activity does not fit under the Adult Entertainment Ordinance. Her recommendation is to- enforce the City's indecent exposure laws. Although ours is already strong, there is room for improvement. She is proposing changes to better describe the prohibited conduct so everyone is clear on what is not going to be allowed in our community. Her last point was to discuss regulating the exposure through state regulations. The state could look at strengthening their regulations to improve employee safety. Mayor Edler suggested preparing a letter to the legislators requesting something be done at the state level. Council members were reticent about approving a letter without reviewing it first. Council Member Coffey expressed concern about regulating what people wear when serving coffee and felt that our existing laws should handle incidents where people are on the street and waving signs in inappropriate attire. EDLER MOVED AND ADKISON SECONDED TO HAVE LEGAL REFINE THE LEGISLATIVE CHANGES TO KEEP INDECENT EXPOSURE FROM HAPPENING. Following discussion, the motion carried by a 4 -3 roll call vote; Coffey, Ensey and Lover voting no. Mary McDaniels, 924 S. 16th Avenue, shared her opinion of the coffee stand located near her work and expressed concern for traffic safety as well as the safety of the girls in the establishment. She agrees it doesn't belong on Yakima Avenue and something needs to be done. Jody Green, an owner of one of the controversial coffee stands, spoke to Council. She said their employees have policies they must adhere to and she compared their coffee stands to a nice building with curb appeal. She suggested trying to come to a compromise rather than spending time trying to change laws. D. Appointments to Boards, Commissions and Council Council Member Cawley advised that there will be a slate of recommendations at the next meeting. E 4. 5. *6 MAY 19, 2009 Consent agenda O 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 number 6, 7, and 15 were added to the Consent Agenda. 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 Adjourned Meeting / Council Retreat — April 4, 2009 Special Meeting / Study Session — .April 14, 2009 The minutes of the April 4, 2009 Adjourned/Council Retreat and the April 14, 2009 Special Meeting/Study Session meetings 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 — None Audience Participation Galen Gentry and Dennis Hunt, representing Apple Valley Kiwanis, presented .a check for $15,000 for landscaping and bench installation at Apple Valley Skate Board Park. This brings the total of their donations to approximately $50,000. Deanna Pemberton questioned why the Poilce Chief, who was leading the Cinco de Mayo parade, did not take any action upon seeing the American Flag being held upside down by a bystander. Mayor Edler said an answer would be provided at a future Council meeting. Barbara Greco, representing For A Better Tomorrow, thanked volunteers and City staff who recently helped clean up North First Street. CITY MANAGER'S REPORTS Consideration of Washington Heights annexation initiation (Adopt Standard Motions A and B) May 19, 2009 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Cole Hanson for Zier Orchards, LLC. The annexation proposed was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness. Staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. 3 MAY 19, 2009 Ob*7. Consideration of Foursquare Church/Hochrein annexation initiation (Adopt Standard Motions A and B) May 19, 2009 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being The Foursquare Church and Richard Hochrein. The annexation proposed was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness. Staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. 8. Consideration of a Resolution authorizing execution of an agreement with Sun Yakima, LLC for reimbursement of property acquisition and development expenses for the Upper Kiwanis Park project Ken Wilkinson, Parks and Recreation Manager, gave a brief overview of the Upper Kiwanis Park project. This agreement allows the City to reimburse the service club trust the $200,000 over and above their planned initial contribution. The City Clerk read the resolution by title only; CAWLEY MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -74, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with Sun Yakima, LLC for property acquisition and compensation concerning Kiwanis Park and the Sports Complex Project "9. Consideration of a final contract payment for site utility relocation for the Capitol Theatre Project The report from the City Engineer, dated April 30, 2009, with respect to the completion of the work on the site utility relocation for the Capitol Theatre project, performed by Knobel's Electric, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *10. Consideration of a Resolution authorizing execution of contracts for acquisition and implementation of the Laserfiche Document Management System provided by VP Consulting RESOLUTION NO. R- 2009 -75, A RESOLUTION authorizing the City Manager for the City of Yakima to sign contracts necessary for the acquisition and implementation of the Laserfiche Document Management System provided by VP Consulting Inc. *11. Consideration of a Resolution authorizing execution of a professional services agreement PLSA Engineering and Surveying to perform surveying services for the 64a' Avenue and Tieton Drive intersection improvements project RESOLUTION NO. R- 2009 -76, 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 $ 13,700 for surveying services for the 60 Avenue and Tieton Drive Intersection Improvements project. 4 MAY 19, 2009 *12. Consideration of a Resolution ratifying a contract amendment with Dennis W. Morgan, Attorney at Law for appellate representation RESOLUTION NO. R- 2009 -77,A RESOLUTION ratifying a contract amendment with Dennis Morgan, Attorney at Law. *13. Set Date of Public Hearing for June 2, 2009 regarding the development of Powerhouse Villas, Phase 1 located at 5321 West Powerhouse Road June 2, 2009, was set as the date of public hearing to consider the development of Powerhouse Villas, Phase 1, located in the vicinity of 5321 West Powerhouse Road. *14. Set Date of Public Hearing for June 2, 2009, on the Annual Action Plan amendment for supplemental Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD) American Recovery and Reinvestment Act (ARRA) June 2, 2009, was set as the date of public hearing on the Annual Action Plan amendment for supplemental Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD) American Recovery and Reinvestment Act (ARRA). ORDINANCES *15. Consideration of an Ordinance amending the Yakima Municipal Code relating to liability insurance coverage requirements for licensed sign companies ORDINANCE NO. 2009 -21, AN ORDINANCE relating to liability insurance requirements for licensed sign installation companies; amending Chapter 10.32 of the City of Yakima Municipal Code ( "YMC ") entitled "Street and Building Decorations ", specifically section 10.32.030A entitled "Bond— Liability insurance"; amending Chapter 11.08 entitled "Street and Building Decorations', specifically section 11.08.140 entitled "Bond or insurance required "; and amending the indemnification language of the referenced sections. 16. Other Business • Neighborhood Development Committee Council Member Rodriguez replaced Assistant Mayor Cawley on the Neighborhood Development Committee with Council Member Adkison as the alternate. • Downtown Yakima Futures Initiative Oversight Committee Council Member Adkison was assigned to the Futures Initiative Committee with Council Member Rodriguez as the alternate. • Economic Development Committee Council Member Adkison was assigned to the Economic Development Committee. • Public Safety Committee Council Member Adkison replaced Council Member Lover on the Public Safety Committee. • Intergovernmental Committee Council Member Lover was assigned to the Intergovernmental Committee. 5 fl u MAY 19, 2009 Council Member Adkison will review all the committees prior to further assignments being made. 17. Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 7:05 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office