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HomeMy WebLinkAbout02/24/2009 04A Draft Minutes 01-06-2009 Business MeetingYAKIMA CITY COUNCIL BUSINESS MEETING JANUARY 6, 2009 - 6:00 P.M. COUNCIL CHAMBERS - YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Bill Lover, Neil McClure and Sonia Rodriguez` Staff:. City Manager Zais, Acting City Attorney Cutter, and City Clerk Moore 2. Invocation /Pledge of Allegiance Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Council Member Oath of Office - Sonia Rodriguez City Clerk Moore administered the Oath of Office to Sonia Rodriguez. The Council member was seated. Council Member Rodriguez thanked everyone who has expressed their support. She also introduced her daughter, who was in the audience. Luz Gutierrez, on behalf of the Hispanic Chamber or Commerce; presented-a "Pan de Roma" baked by Rafael Gomez, which is part of the Hispanic culture celebrating the gifts the King's men brought for Christ's birth. The celebration represents faith and hope for the future. 4. Open Discussion for the Good of the Order A. Proclamations e . -Martin Luther King, Jr. Mayor Edler read a proclamation declaring the week of January 18 "'`through the, 24th as Martin Luther King, Jr. week. Steve Mitchell accepted the proclamation. ,.Henry Beauchamp also spoke and congratulated Sonia Rodriguez to the Council. School Board Recognition Month Assistant Mayor Cawley read a proclamation declaring January as School Board Recognition Month. Vicki Ybarra President and John Vornbrock Vice President of the Yakima School District Board of Directors, accepted the, proclamation. B. Special presentations / recognitions - None C. Status report on prior meeting's citizen service requests ® Mike Hunnel - Disabled parking - Joe Caruso, Acting Code Administration Manager, reviewed the report included in the Council packet concerning alleged ADA violations. Acting City Attorney Cutter recapped his written opinion concerning specific legal issues raised by • • 171 JANUARY 6, 2009 Mr. Hunnel. In summary, all addresses Mr. Hunnel had been claimed to be in violation were inspected and were found to be in compliance with the code that applied to them at the time of their construction. With regard to the claim of enforcing handicap parking infractions differently for businesses versus citizens, Mr. Cutter explained that they are able to approach businesses to get their cooperation, whereas a citizen leaves their vehicle and the officer isn't usually able to approach them for cooperation. Both. Mr. Caruso and Mr. Cutter - suggested that Mr. Hunnel bring his concerns to the Code Enforcement Department directly to allow them to determine whether there is a compliance issue prior to approaching a business. D. Appointments to Boards and Commissions • Tourist Promotion Area (TPA) – Hotel Motel Commission -Sara Allen CAWL8Y MOVED AND McCLURE SECONDED TO APPONT SARA ALLEN TO THE TOURIST PROMOTION AREA (TPA) – HOTEL MOTEL COMMISSION. It was noted this appointment is the result of a nomination made by the Hotel Motel Commission not a Council Appointing Committee nomination. The motion carried by unanimous voice vote. 5. Consent agenda Mayor Edler referred to the items placed on the Consent Agenda, questioning whether here were any addition's or deletions from either.Council :menibers or citizens present. Items' 10, 11, 16 and 17A were added to the Consent Agenda and - iterri number 15 was removed: The City Clerk read the- Consent Agenda items_ as , amended, including resolutions and ordinances by title: CAWLEY- MOVED AND McCLURE SECONDED TO ADOPT THE CONSENT AGENDAAS READ. The motion carried by unanimous roll call .vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate iterns on the Consent Agenda handled under one motionvithout further discussion.) *A. Consideration of approval of Council Minutes • Adjourned meetings October 28, November 10 and 18, 2008 • Business meetings November 4 and 18, 2008 *B. Consideration of approval of Council Committee Meeting Minutes • Yakima City Council Transit Committee meeting October 29, 2008 City of Yakima Neighborhood Development Committee meeting November 12 and December. l0, 2008 6. _ Audience Participation Mike Hunnel, 913 S. 4th Avenue, claimed that he had shown the pictures he had submitted at a previous Council meeting to Mr. Nepp, former Chairman of the Washington State Building Code Council, who sent them back with a'note commenting that "your pictures say, it all ". He questioned the City reporting that these businesses are compliant. He has asked Mr. Nepp to help schedule a class on accessibility codes and he recommends City staff attend. 2 7. 8 9. JANUARY 6, 2009 Jerry Baldoz representing the Yakima County Senior Nutrition Program, read letters • they have received from seniors thanking the Council for granting funds to maintain the Meals -on- Wheels Program. CITY MANAGER'S REPORTS Progress report on William O. Douglas /Heritage Trail Projects Doug Mayo, City Engineer, gave a progress report on the William O. Douglas Trail projects. The City, working with the Cowiche Canyon Conservancy and the William O. Douglas Trail Foundation, has been the recipient of seven different grants toward the William O. Douglas Trail and preservation of the trolley. The goal is to have all parts of the trail project under contract or. construction by the end of June 2009. The $1.5 of in federal money is subject to the Legislature and the Governor's approval. The re- appropriation is in the Governor's budget at this time. Council .Member Coffey asked for a "white sheet" defining the importance of the project that they could take to the legislators. Mr. Mayo suggested they are now at a point. where it would be good to develop a committee. with the City, County, Cowiche Canyon Conservancy and Wm. O. Douglas Foundation and start meeting bi- weekly for decisions that need to be made. Council Member McClure asked that a monthly -status report be supplied to Council by that committee. Cecilia Vogt emphasized the importance of meeting project deadlines due to the difficulty of "re-:appropriations. Report on H Street Fruitvale Canal Wasteway 6th Avenue to 9. t6 Street .Dave Brown, Water and Irrigation Manager, gave a report on the.area. He said they have attempted to make improvements and they recently commissioned a study to determine what it would cost to pipe the area. They have been marketing the improvement idea with the Bicycle /Pedestrian Committee, the Stormwater Committee and the looking into the street fund, Iooking,f6r contributions. - He reviewed costs for various levels of improvement with the ultimate being creating a pathway., Consideration of Right -of -Way Use Permit for a fence in the vicinity of West Spruce Street and South 9th Avenue Joe Caruso, Acting Code Manager, explained that a six foot fence was built into the right -of -way with no application for a permit of this location. The property owners, . Viviano & Tracy Ramirez, explained that they followed the neighbors' fence line when they put up their fence. The neighbors' fences are also not in compliance, but because the City operates under a complaint- driven system, only Mr. Ramirez's fence is currently being addressed. Mr. Ramirez said he did not want to complain about the neighbors being out of compliance but would like to be allowed to keep his fence until the City builds a sidewalk in the right -of -way. It was noted that there is no clearview problem. Following a lengthy discussion, McCLURE MOVED,AND COFFEY SECONDED TO POSTPONE A DECISION ON THE ISSUE AND REFER IT TO THE NEIGHBORHOOD DEVELOPMENT COMMITTEE FOR A BROADER APPROACH TO THE PROCESS. The motion carried by unanimous voice vote. 3 JANUARY 6, 2009 • *10. Consideration of a Resolution adopting the Surplus Policy and delegating authority to the City Manager to declare the City's personal property and rolling stock as surplus and authorizing disposal of said surplus property RESOLUTION NO. R- 2009 -01, A RESOLUTION adopting the attached Surplus Policy and delegating authority to the City Manager to declare the City's personal property and rolling stock as surplus (other than real estate), which is valued at less than $15,000 and authorizing disposal of said surplus property in a manner Which best benefits the City. . *11. Consideration of a Resolution authorizing execution of an Interlocal. Agreement with the Violent Crimes Task Force (Yakima County'Sheriff's Office, Yakima County Department of Corrections, Sunnyside Police Department, Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement, U.S. Marshalls Service, Yakama Nation Tribal Police, and Washington State Department of Corrections.) RESOLUTION NO. R- 2009 -02,.A RESOLUTION authorizing the City Manager of the.City of Yakima to execute an Interlocal Agreement with the Yakima County Sheriff's Office, Yakima County Department of Corrections, . Sunnyside Police Department, Federal Bureau of Alcohol, Tobacco, Firearms and Explosives,. Immigration and Customs Enforcement, U.S. Marshalls Service, Yakama.Nation Police.Department and Washington State Department of Corrections for the' formation of a violent crimes task force. *12: Consideration of a ratification of a Resolution authorizing execution of an . amendment to extend the lease agreement between the City, and the County for leased office space for probationary services _ RESOLUTION NO. R- 2009 -03; A RESOLUTION ratifying an amendment to a lease : agreement between the City of Yakima and the County of Yakima allowing the County to remain in the City's former Probation Division office space through February 28, 2009. *13. - Consideration of Legislation authorizing execution of Interlocal jail agreements with the City of Toppenish. RESOLUTION NO. R- 2009 -04, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City -of.Toppenish to allow the City of Yakima to continue to house prisoners of the City of Yakima in'the Toppenish City Jail through December 31, 2009. *14. Consideration of a Resolution declaring two refuse trucks managed by the Equipment Rental Division as surplus to the needs of the City of Yakima RESOLUTION NO. R- 2009 -05, A RESOLUTION declaring ER 3109, a 1996 Crane Carrier Corporation cab and chassis with a Wittke front loading refuse truck body, VIN number 1CYCCB487TT042388, and ER3181, a 2001 Peterbilt 320 cab and chassis with a Wayne Engineering Curbtender automated side loading refuse truck, VIN number 1 NPZLTOXX1 D713343, surplus to the needs of the City of Yakima, and authorizing their sale in a manner most beneficial to the City of Yakima. 4 JANUARY 6, 2009 15. Set Date of Closed Record Public Hearing for February 3, 2009 for the appeal of Hearing Examiner's decision on Toscana 0 Bill Cook, Director of Community and Economic Development, outlined the timeline defined in state law for the appeal process. Council Member Rodriguez advised Council that she would be recusing herself from the hearing because she lives in the neighborhood. McCLURE MOVED AND CAWLEY SECONDED TO SET "THE DATE OF THE CLOSED RECORD PUBLIC HEARING FOR THE APPEAL OF THE HEARING EXAMINER'S DECISION ON TOSCANA FOR THE REGULARLY SCHEDULED COUNCIL MEETING OF JANUARY 20, 2009. The motion carried by unanimous voice vote. ORDINANCES *16. Consideration of an Ordinance vacating a certain portion of street right -of -way located between Gordon Road and North 1" Street and south of Oak Street ORDINANCE NO. 2009 -01, AN ORDINANCE relating to land use; vacating a certain portion of street right -of -way identified as a platted alley running north and south along several lots located between Gordon Road, the vacated portion of North Front Street and south of Oak Street 17. Other Business • Aquatics Center LOVER MOVED.AND ENSEY SECONDED TO SCHEDULE A STUDY SESSION TO DETERN/INE THE FUTURE OF THE AQUATICS CENTER FOR EITHER APRIL 28THOR.SOONER. During discussion, Mayor Edler pointed out that the Aquatics Task Force has not met to review what happened on the subject at the Union Gap and Selah- Council meetings. The motion carried by unanimous roll call vote. • Congressional Lobbying Trip to Washington D.C. — March 13 -18, 200'9 City Manager Zais described the activities and the goals of the lobbying trip. Council . members agreed to review their schedules and advise the City Manager's office of their availability for the trip. • Official Council Picture Council Member McClure advised that an official City Council picture is scheduled for the next business meeting. • Council .Retreat — Boards & Commission Appointments Council Member Coffey commented that although there are plans to delay the Council retreat until March, they possibly need to hold a special meeting quickly to accomplish appointments to Boards and Commissions. The City Manager's office will coordinate with Council members to arrange a special meeting. The urgency to schedule this meeting. is to allow Council Member Rodriguez the opportunity to begin participating in the Boards and Commission meetings. • 5 • JANUARY 6, 2009 Discussion continued on the subject of the Council, retreat. It is tentatively planned. for.late March due to Council calendars as well as to allow the arrangement of an outside facilitator as has been requested by Council members. Council Member McClure said that he would prefer to see the retreat as a tool for visioning and not a work study session. Council was solicited for input on the agenda for the retreat. - *17A. Consideration of an Emergency. Ordinance amending the Classification and Compensation Plan for certain City employees and amending Subsection F of Section 2.20.110 of the City of Yakima Municipal Code ORDINANCE NO. 2009 -02, AN ORDINANCE relating to City personnel; amending Subsection 2.20.11 OF, of the City of Yakima Municipal Code, declaring an emergency, and establishing an immediate effective .date �T 1.8. Adjournment CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN. The motion carried by unanimous voice -vote. The meeting adjourned at 8:07 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE, ATTEST: F 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.