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YAKIMA CITY COUNCIL

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YAKIMA CITY COUNCIL ...

    YAKIMA CITY COUNCIL

    BUSINESS MEETING

    AUGUST 18, 2009

    COUNCIL CHAMBERS YAKIMA CITY HALL

    5:00 P.M. EXECUTIVE SESSION

1. Roll Call

    Present:

    Council: Assistant Mayor Micah Cawley presiding, Council Members Maureen

    Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez

    Staff: Assistant City Manager Zabell, City Attorney Cutter and City Clerk Moore

    Absent: Dave Edler (excused)

2. Executive Session:

; Collective Bargaining

Executive session was held and adjourned at 5:20 p.m.

    6:00 P.M. BUSINESS MEETING

1. Roll Call

    Present:

    Council: Assistant Mayor Micah Cawley presiding, Council Members Maureen

    Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez

    Staff: Assistant City Manager Zabell, City Attorney Cutter and City Clerk Moore

    Absent: Dave Edler (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

    b. Presentations/recognitions/introductions

    ; Recognition of Mary McDonald by Yakima Fire Department

    Mary McDonald was recognized and given an award for her calm assistance to an

    injured skateboarder.

    c. Status report on prior meeting’s citizen service requests

    d. Appointments to Boards, Commissions and Council Committees

4. Consent Agenda

    Assistant Mayor Cawley 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 8, 10, and 11 were added to the consent agenda. The City

    AUGUST 18, 2009

    Clerk read the Consent Agenda items, including resolutions and ordinances by title. ADKISON MOVED AND ENSEY 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

    ; Special meetings July 28 and August 7, 2009

    ; Business meeting August 4, 2009

    The minutes of the July 28 and August 7, 2009 Special meetings and the August 4,

    2009 Business 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

    ; Budget Committee July 16, 2009

    ; Intergovernmental Relations Committee July 28, 2009

    ; Neighborhood Development Committee August 5, 2009

    ; Economic Development Committee August 5, 2009

    5. Audience Participation

     thBill Bosch, 116 N. 45 Avenue, gave a Power Point presentation on the property located ththbetween 44 and 45 Avenues. The presentation showed the deterioration of the property over the years. Elba Richards, 4308 Marylin Drive, complained about drainage and refuse problems related to the subject property. Jim Evans, 4405 Summitview, also complained about the problems with the property claiming the responsibility for the failure of the project belongs to both the City of Yakima and Memorial Hospital. Jean Crawford, Ed Cunnington, and Art Opfer also expressed their frustration with the condition of the property and the impact on their neighborhood. It was requested that a status report be given on property liens and what is being done to rectify the problem. A commitment was made to provide a report at the September 1, 2009, City Council meeting.

    Deanna Pemberton and Mary Ann Lockhart claimed there are individuals who are operating auto repair shops at private residences that are not zoned for business in the tharea west of 16 Avenue between Lincoln Avenue and Fruitvale Boulevard. Council members requested they provide specific addresses so Code Enforcement could follow up on the complaint.

    Connie Little again encouraged citizens to donate money through the City’s Finance Department to fund the aquatics center project.

    7:00 P.M. PUBLIC HEARINGS

    6. A. “Closed Record” public hearing to consider the Hearing Examiner’s

    recommendation on the Preliminary Plat and Master Planned Development of

    Toscanna, Phase 1

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    AUGUST 18, 2009

    Council approved Council Member Rodriguez’s request to be recused from

    discussing the issue because she lives in the area of the proposed development.

    Assistant Planner Joseph Calhoun described the development as a 66-lot common-

    wall subdivision on the eastern portion of the property. The remainder of the

    property is being reserved for future development. The Hearing Examiner held an

    open record hearing on July 9, 2009, and issued a recommendation for approval on

    July 22, 2009, subject to conditions. City staff recommends approval. If the

    preliminary plat and development are approved, it is requested that item 6B be st 2009, Council meeting to allow the applicant rescheduled to the September 1

    additional time to complete the development agreement.

    ; Assistant Mayor Cawley opened the closed record hearing and with no one

    coming forward to speak, closed the hearing.

    The City Clerk read the resolution by title; ENSEY MOVED AND LOVER

    SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 5-0 roll call

    vote; Edler absent, and Rodriguez recused.

    RESOLUTION NO. R-2009-109, A RESOLUTION approving a preliminary long plat

    and planned development, for the Preliminary Plat of Toscanna, Phase 1, a sixty-six

    lot common-wall subdivision, located in the vicinity of Castlevale Road and Seattle

    Slew Run, Yakima, Washington.

    B. “Open Record” public hearing on the proposed Development Agreement for the

    Master Planned Development/Preliminary Plat of Toscanna, Phase 1

    ENSEY MOVED AND LOVER SECONDED TO DEFER THE HEARING ON THE

    DEVELOPMENT AGREEMENT UNTIL SEPTEMBER 1, 2009. The motion carried

    by a 5-0 roll call vote; Edler absent, and Rodriguez recused.

    7. Public hearing on the continuation of the 0.3% sales tax revenues for law and justice needs, if approved by voters on November 3, 2009

    City Manager Zais explained that, although the current 0.3% sales tax does not expire until 2010, the County Commissioners have placed the renewal on the November ballot. He briefly explained the positions that are supported by the current tax. Chief Granato and Senior Assistant City Attorney Cynthia Martinez outlined what functions would be at risk if the tax is not renewed. They urged the City Council to endorse the ballot issue.

    Jim Haggerty, County prosecutor, endorsed the efforts of Sheriff Irwin relating to obtaining citizen approval of this tax and spoke in detail about the success and accountability of it. He described what the consequences would be if the tax is not renewed. He asked Council to endorse the issue as a group and to urge our citizens to support it.

; Assistant Mayor Cawley opened the public hearing

     rdRobert Owen, 614 N. 3 Street, spoke against the tax because of the treatment he believes he has received from City employees.

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    AUGUST 18, 2009

    Connie Little and Lynn Kittelson spoke in support of the ballot measure.

; Assistant Mayor Cawley closed the public hearing

RODRIGUEZ MOVED AND ADKISON SECONDED TO ENDORSE THE 0.3% TAX

    BALLOT MEASURE. The motion carried by unanimous roll call vote; Edler absent.

    CITY MANAGER’S REPORTS

     *8. Consideration of the 2008 Annual Report of the Yakima Police Department

The 2008 Police Department Annual Report was approved.

    9. Consideration of Joint Council Downtown Yakima Futures Initiative and Neighborhood Development Committees’ recommendations regarding Phase 4

    state grant allocation, project elements and supplemental Block Grant funding

Following discussion, COFFEY MOVED AND ADKISON SECONDED TO ACCEPT

    THE COUNCIL DOWNTOWN YAKIMA FUTURES INITIATIVE AND NEIGHBORHOOD DEVELOPMENT COMMITTEES’ RECOMMENDATION FOR BOTH. The motion

    carried by unanimous roll call vote; Edler absent. Council Member Rodriguez asked staff to look for funding to install street lights in the north side of Yakima on an emergency crime prevention basis. She also asked for a long-term strategy to work with law enforcement on lighting in that area.

    *10. Consideration of a Resolution authorizing a Southeast Yakima Community Center Operating Agreement with Opportunities Industrialization Center of Washington (OIC)

RESOLUTION NO. R-2009-110, A RESOLUTION authorizing the City Manager of

    the City of Yakima to execute the City of Yakima and Southeast Yakima Community Center Operating Agreement with Opportunities Industrialization Center of Washington (OIC).

     *11. Consideration of a Resolution authorizing execution of agreements with Roy Farms, Inc. and WS Inc. for biosolids application to their agricultural lands

RESOLUTION NO. R-2009-111, A RESOLUTION authorizing and directing the City

    Manager of the City of Yakima to execute agreements with Roy Farms, Inc. and WS Farms, Inc. for biosolids application to their agricultural lands.

    *12. Consideration of a Report related to the processing of Parade and Special Event Street Closure Permits (YMC9.70)

The report was accepted.

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    AUGUST 18, 2009

    *13. Consideration of a Resolution terminating the second amended Yakima

    City/County Narcotics Unit interlocal agreement and setting forth the plan for

    RESOLUTION NO. R-2009-112, A RESOLUTION terminating the City County Narcotics

    Unit Interlocal Agreement between the City of Yakima, County of Yakima and City of

    Union Gap, thereby dissolving the City/County Narcotics Unit and setting forth the

    method of distribution of CCNU assets.

*14. Report from the Finance Department regarding the result of the sale of the City’s

    LTGO bonds for the Capitol Theatre

    Although this item was on consent, Acting City Manager Zabell gave an update on the

    bond sale that took place this morning. Finance and Budget Director DeBord advised

    that there was a favorable market today and through the sale we were able to generate

    more revenue than anticipated. The $6.9 million proceeds will go to the expansion and

    rehabilitation of the Capitol Theatre.

*15. Consideration of the Kegley Annexation Initiation (Adopt Standard Motions A & B)

    August 18, 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 party

    being Kristen Kegley. 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, and staff was directed to file a Notice of Intent to Annex with the Yakima

    County Boundary Review Board.

    *16. Consideration of a Resolution authorizing execution of a public defender

    agreement with Dixon & Lee Law Firm of Yakima

    RESOLUTION NO. R-2009-113, A RESOLUTION authorizing and directing the City Manager

    and City Clerk to execute the Public Defender Agreement with Dixon and Lee

    *17. Consideration of a Resolution authorizing execution of an intergovernmental

    cooperative purchasing agreement with South Puget Sound Community College

     RESOLUTION NO. R-2009-114, A RESOLUTION authorizing the execution of an

    Intergovernmental Cooperative Purchasing Agreement with South Puget Sound Community

    College.

    *18. Consideration of a Resolution authorizing execution of a professional services

    agreement with Financial Consulting Solutions Group, Inc. to develop a

    wastewater rate and charge study

    RESOLUTION NO. R-2009-115, A RESOLUTION authorizing the City Manager to

    execute a Professional Services Contract Agreement between the City of Yakima and

    Financial Consulting Solutions Group, Inc., in an amount not to exceed $100,000, to

    develop a Wastewater Rate and Charge Study

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    AUGUST 18, 2009

    *19. Consideration of Joint City/County legislation authorizing application for federal assistance and acceptance of a grant agreement with the Federal Aviation Administration for projects at the Yakima Air Terminal-McAllister Field:

A. Resolution authorizing AIP 29-Runway 9/27 rehabilitation and REIL’s

    relocation (RW4) project

    RESOLUTION NO. R-2009-116, A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima, Washington, and the County of Yakima, Washington for Runway 9/27 Rehabilitation and REIL’s Relocation (RW4)

    Project

    B. Resolution authorizing AIP 30-Acquisition of privately-owned property

    adjacent to the Airport

RESOLUTION NO. R-2009-117, A JOINT RESOLUTION OF THE CITY OF YAKIMA

    AND YAKIMA COUNTY ratifying an Application for Federal Assistance and Standard DOT Title VI Assurances, and authorizing the execution and acceptance of a Grant Agreement for Federal Assistance and Certificate of Sponsor's Attorney between the Federal Aviation Administration and the City of Yakima, Washington, and the County of Yakima, Washington for Acquisition of Privately-Owned property adjacent to Airport (Partials 99, 100)

    *20. Consideration of a Resolution declaring a 1998 Ford Expedition to be surplus to the needs of the City of Yakima and the Police Department and authorizing sale of the vehicle by whatever means determined appropriate by the City Manager

     RESOLUTION NO. R-2009-118, A RESOLUTION declaring a 1998 Ford Expedition to

    be surplus to the needs of the City of Yakima and the Police Department and authorizing sale of the vehicle by public auction.

    ORDINANCES

    *21. Consideration of an Ordinance amending the Classification and Compensation Plan for certain City employee

     ORDINANCE NO. 2009-40, AN ORDINANCE relating to City personnel; adopting a

    classification and compensation plan for City employees to be effective September 20, 2009, amending Subsections 2.20.100A; 2.20.100B; 2.20.100C; 2.20.100D; 2.20.110A; 2.20.110B and 2.20.110C

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    AUGUST 18, 2009

    22. Other Business

None

    23. Adjournment

ENSEY MOVED AND COFFEY SECONDED TO ADJOURN TO SEPTEMBER 1, 2009

    AT 6:00 P.M. FOR A COUNCIL BUSINESS MEETING IN THE COUNCIL CHAMBERS. The motion carried by unanimous voice vote. The meeting adjourned at 7:31 p.m.

    READ AND CERTIFIED ACCURATE BY

    COUNCIL MEMBER DATE

     COUNCIL MEMBER DATE

ATTEST:

    CITY CLERK MICAH CAWLEY, ASSISTANT MAYOR

    Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk’s Office

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