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HomeMy WebLinkAbout03/15/2011 Business Meeting 450 YAKIMA CITY COUNCIL BUSINESS MEETING MARCH 15, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session • Pending litigation Executive session was held and adjourned at 5:53 p.m. • 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Council Member Edler led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations • Yakima Valley Hearing and Speech Day Mayor Cawley read a proclamation declaring April 5, 2011 as Yakima Valley Hearing and Speech Day. Nancy Leahy, Nancy Frame and Mac Porter accepted the proclamation. B. Presentations /recognitions /introductions • Presentation from School Resource Officer /Eisenhower High School Crimestoppers Dave Purcell, Crimestoppers Board member, gave a brief description of the program. Officer Graves, the School Resource Officer at Eisenhower, and others involved in the program spoke about the positive impacts it has had on the students. Council Member Ensey presented donations to continue supporting the program. Mayor Cawley recognized various members of Boy Scout Troop 251 who are working on their "Citizenship in the Community" badge. The scouts identified themselves and gave their rank. C. Status reports on prior meeting's citizen service requests - none D. Appointments to Boards, Commissions and Council Committees - none 451 MARCH 15, 2011 3. Consent Agenda 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. Item number 13 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY 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 City Council Meeting Minutes - None *B. Consideration of approval of Council Committee Meeting Minutes 1. Budget Committee — February 23, 2011 2. Public Safety Committee — February 24, 2011 3. Neighborhood Development Committee — March 2, 2011 4. North First Street Committee — March 3, 2011 The Council Committee meeting minutes were approved. 5. Audience Participation Sandy Massong Lloyd, 5501 W. Arlington, spoke about the continuing problems with water under Arlington Street from 53 to 62 Avenues that create large pot holes. She claimed the root of the problem is not being addressed and patches that are made to the street only seem to last about two weeks. She was told the affected property owners would probably have to enter into a local improvement district (LID). She is not willing to do that unless Congdon takes 50% responsibility. Tony Courcy wanted to know the impact on property that had been purchased while classified as Central Business District and then rezoned to General Commercial. Bill Duerr offered several suggestions for consideration by the Council to include • in the process of reviewing the City Charter to revise out -dated content. One was to include three previous Council members on the review committee. He also requested the addition of three people who have never served on a council and one member of the legal staff. He suggested the final draft be presented to the public for a 30 -60 day comment period. Following that period and final review, it should then be presented to the full Council for review before submitting it for a public vote. 7:00 P.M. — PUBLIC HEARINGS 6. Final Public Hearing on the 2010 Consolidated Annual Performance Evaluation Report (CAPER) Archie Mathews, ONDS Manager, gave introductory statements regarding entitlement dollars from HUD and advised that the report explains how the funds were used in 2010. 2 452 MARCH 15, 2011 • Mayor Cawley opened and closed the public hearing with no one coming forward to speak. 7. Closed Record Public Hearing to consider the City of Yakima Planning Commmission's recommendation on amendments to the City of Yakima's 2010/2011 Urban Area Zoning Ordinance Associate Planner Jeff Peters gave opening statements regarding the closed record public hearing being held to consider the Planning Commission's recommendations. • Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the ordinance by title only; EDLER MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous voice vote. ORDINANCE NO. 2011 -12, AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020, 15.04.030 , 15.08.030, 15.08.070, 15.08.170, 15.10.020, 15.20, 15.20.030, 15.20.040, 15.20.050, 15.23.030, & 15.12.050. CITY MANAGER'S REPORTS 8. Report on installation or upgrading street lighting in high -crime neighborhood locations using CDBG funds Acting Assistant City Manager Michael Morales distributed updated information, gave background on this issue and identified funding sources. Using the crime mapping system, areas of homicides and aggravated assaults were identified. There are 57 locations identified for upgrades to existing poles, as well as other new areas that require an environmental review period prior to Tight installation. The Neighborhood Development Committee's recommendation is to authorize the City Manager to upgrade the 57 locations and direct ONDS staff to begin the NEPA process on the additional identified locations for new poles. Assistant Mayor Coffey clarified some of the details and expressed some frustration on the length of time this process has taken for a proven method of impacting the gang problems. Council Member Lover indicated his frustration with the funding sources. EDLER MOVED AND ENSEY SECONDED TO AUTHORIZE THE USE OF $20,000 OF CDBG FUNDS TO UPGRADE EXISTING STREET LIGHT FIXTURES IN THE VICINITY OF CERTAIN 2010 CRIME LOCATIONS AND DIRECT ONDS STAFF TO INITIATE THE NEPA REVIEW PROCESS ON THE ADDITIONAL IDENTIFIED LOCATIONS. Acting Assistant City Manager Morales indicated the need of $20,000 for the first 57 lighting upgrades and $45,000 more for the new light poles. He also mentioned the City will apply for grant money in June to assist with more lighting. 3 453 MARCH 15, 2011 Assistant Mayor Coffey indicated she is against the motion as she prefers using all of the money to accomplish this task now. The motion carried by 6 -1 roll call vote; Coffey voting no. Public Works Director Waarvick responded positively to Council Member Edler's question of how crime statistics have changed in the neighborhoods where light shields, donated by the faith community, were installed. 9. Report on Design Review Guidelines and Certificate of Appropriateness for Barge- Chestnut Neighborhood Historic District Acting Assistant City Manager Michael Morales explained this is a follow up from an ordinance approved in 2005. He gave a history of the ordinance and stated the ordinance follows the Section 106 Secretary of Interior Standards guidelines, which is a default standard with a broader range of guidelines open to interpretation. The Historic Preservation District and Barge Chestnut Neighborhood Association had worked to establish local guidelines but those were withdrawn. Council Member Ensey stressed his concern about property right issues. Acting Assistant City Manager Michael Morales and Community Development Specialist Vaughn McBride explained some of the requirements related to owning a house in the district. Creation of the district was approved by 88 percent of the home owners in the district. Further, this would most likely be a complaint driven process, which can be appealed. Council Member Lover pointed out it would take 51 percent of the residents to rescind the historic district designation. 10. Consideration of a request from the Yakima Air Terminal for financial reimbursement from the City of Yakima and Yakima County for legal costs Airport Board Chairman Bill Wheeler and Airport Manager Lee Remmel read a statement, which included the history of their recent litigation with Noland Decoto flight service and described a second lawsuit that has a proposed settlement. Mr. Wheeler indicated they have paid $73,300 to the attorney and there is approximately $9,000 outstanding. He stated they were encouraged by Commissioner Leita and Council Member Edler to proceed with the lawsuit; however, they should have asked for help from the city and county before hiring an attorney. They need assistance in paying the legal costs, which have been paid from reserves. Council Member Ettl asked about the appraised value of the Marquis building, which he was told was estimated at $400- 500,000 in value. Mayor Cawley questioned why the legal fees were so high. City Attorney Cutter responded that it was a very litigious tenant, which caused many expensive court actions. Council Member Ettl wondered why they were hiring an assistant manager for the airport when money is so tight. Mr. Remel said they need someone to run the day -to -day operation of the airport and to meet federal safety and security regulations. Council Member Edler advised that the County Commissioners have declined to help reimburse current legal costs; however, with pre - approval, they would consider funding future costs. EDLER MOVED AND COFFEY SECONDED TO DIRECT THE CITY MANAGER TO FIND FUNDING TO HELP THE AIRPORT. 4 • 454 MARCH 15, 2011 Discussion ensued on the amount of funding to approve and concerns about whether the decision could be interpreted as a gift of public funds or setting a precedent. City Attorney Cutter indicated the City and County own this property and therefore, actions taken to protect the property are no a gifting issue. City Manager Zais advised funds could come from City reserves or the contingency fund. EDLER WITHDREW THE ORIGINAL MOTION. EDLER MOVED AND COFFEY SECONDED TO DIRECT THE CITY TO PAY HALF OF THE COSTS FROM THE CONTINGENCY FUND. The motion carried by 4 -3 roll call vote; Ensey, Lover and Cawley voting no. *11. Consideration of reports from Finance Department: A. 4th Quarter 2010 Accounts Receivable Report B. 4 Quarter 2010 Treasury Report *12. Consideration of a Resolution adopting the 2010 Comprehensive Emergency Management Program as the official emergency response plan for the City of Yakima RESOLUTION NO. R- 2011 -40, A RESOLUTION adopting the 2010 Yakima County Comprehensive Emergency Management Program as the Official Emergency Response Plan for the City of Yakima 13. Consideration of a Resolution authorizing execution of a non - exclusive license agreement with Allied Arts of Yakima Valley for the "Fresh Hop Ale Festival" Some Council members have a concern about the physical location for this event. Acting Assistant City Manager Morales referred to an error regarding the location and stated there will need to be an amendment to the agreement. Staff is cognizant of the concerns about using the parking lot and mentioned there are other signature events that use portions of this parking lot. Allied Arts representatives Jessica Moskawitz and Joy Wagner added the eastern portion of the parking lot will be closed the first Saturday of October from 5 a.m. to 5 a.m. on Sunday. She will submit an amendment to the City Clerk. Council Member Adkison stated her support for this event, but is also concerned for the businesses that are losing their parking spaces during the event. She is also concerned that the sponsors have not spoken with representatives of Mercy Theatre. Ms. Moskawitz stated that by entering into a license agreement, this is a trusted event and has not heard any complaints from downtown businesses. Council Member Lover thought the agreement was supposed to encompass the Farmer's Market, Cinco de Mayo, the Hot Shots3 -on -3 and possibly others. Acting Assistant City Manager Morales stated there are different conditions that apply to other events. Council Member Lover would like a list of all the signature events where there is interest in applying for licensing agreements. The clerk read the resolution by title; EDLER MOVED AND ETTL SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. 5 455 MARCH 15, 2011 RESOLUTION NO. R- 2011 -41, A RESOLUTION authorizing the City Manager to execute a nonexclusive License Agreement between the City of Yakima and , Allied Arts of Yakima Valley, a non - profit corporation for the "Fresh Hop Ale Festival." *14. Consideration of a Resolution authorizing execution of an amendment to an interlocal agreement with the City of Selah for Yakima Transit fixed - route and paratransit services RESOLUTION NO. R- 2011 -42, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Amendment to an Interlocal Agreement with the City of Selah for the provision of fixed -route bus and paratransit services within the borders of the City of Selah. *15. Consideration of a Resolution authorizing execution of an intergovernmental cooperative purchasing agreement with the City of Kennewick, WA RESOLUTION NO. R- 2011 -43, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Kennewick. *16. Final Contract payment for Belsaas and Smith Construction, Inc. for Yakima Downtown Futures Phase 4 -- 8 Street - Chestnut Avenue to "A" Street (Standard Motion V - B - Accept the project and approve the final payment) The report from the City Engineer, with respect to the completion of the work on Yakima DFI Phase 4, 8 Street - Chestnut Avenue to A Street, performed by Belsaas & Smith Construction, Inc. was approved, the work accepted and payment of the final estimates as therein set forth was authorized. ORDINANCES *17. First Reading of an Ordinance amending the 2011 Budget for 2010 Year -End Encumbrances (no action required at this meeting; second reading scheduled 4 - 541) FIRST READING OF AN ORDINANCE amending the 2011 budget for the City of Yakima; and making appropriations for 2010 Year -End Encumbrances from Unappropriated Fund Balances within various Funds for expenditure during 2011 An Ordinance amending the 2011 budget for the City of Yakima; and making appropriations for 2010 year -end encumbrances from unappropriated fund balances within various funds for expenditure during 2011, was read by title only, and laid on the table until April 5, 2011 for a second reading. *18. Second Reading of an Ordinance amending the 2011 Budget and making appropriations in the 333 -Law and Justice Capital Fund and the 152 - Police Grants Fund to purchase grant funded public safety equipment and services 6 456 MARCH 15, 2011 ORDINANCE NO. 2011 -13, SECOND READING OF AN ORDINANCE amending the 2011 budget for the City of Yakima; and making appropriations of $29,165 in Fund 333 — Law & Justice Capital Fund and $18,500 in Fund 152 — Police Grants Fund for expenditure during 2011 to provide for grant supported crime prevention and traffic safety programs. An Ordinance amending the 2010 budget and appropriating funds for expenditure during 2011 to provide for grant supported crime prevention and traffic safety programs, previously having been read by title only, was brought before the Council for a second reading. 19. Other Business A. City Council Retreat Preliminary Agenda Community Relations Manager Randy Beehler distributed a draft agenda for the retreat scheduled for next Tuesday. Council Member Edler requested packaging all the revenue items in one document to include the regional fire authority, red Tight cameras and street bonds. Mr. Beehler pointed out that the agenda is a guideline and the titles can be expanded on at the retreat. When questioned about the agenda item listed as council leadership effectiveness, Mr. Beehler responded it was a combination of several issues from different Council members. Council decided the. Boards and Commissions discussion should only include those appointments Council makes to citizen boards and commissions. Mr. Beehler noted the retreat packet will include an update on the strategic priorities. B. City Manager Executive Search Firm Selection — Scoring Matrix Councilman Ensey explained he prefers to discuss this issue at the Council retreat. There was Council consensus to narrow the candidate selection to two firms for discussion at the retreat. • Charter Review Council Members Edler and Ettl met with City Attorney Jeff Cutter and other citizens to review the City Charter. City Attorney Cutter will have a draft available at the Clerk's office for review and input from any other parties who are interested in participating. Claire Powell, 3003 Bonnie Doone, had concerns about availability of the specific Charter amendments for public review prior to voting in a future election. She stated there was no information available on the strong mayor issue prior to voting. She believes if there is going to be a charter amendment on the ballot, it needs to be a concise, clean copy of the proposed changes. City Attorney Cutter responded it will be on the City's website and published in the newspaper. City Clerk Kloster also indicated the information was published four different times in the Yakima Herald- Republic, was on the City's website, and copies were available in English and Spanish at the Clerk's office. Bill Duerr suggested the Council Committee look carefully at Article XIII of the Charter concerning amendment by petition. He also believes the signature requirement needs to be amended as the 500 - signature requirement is a small 7 .45,7 MARCH 15, 2011 percentage of the voting public. Council Member Ettl confirmed the Committee is following the state legislation requirement of 15 %.. • Barge- Chestnut Historic District Councilman Ensey feels like he has been mislead by staff regarding the Barge - Chestnut historic district and questioned when he voted on this subject. City Manager Zais clarified that the vote was taken in 2005, when Council Member Ensey was not in office. Council Member Ensey reiterated his belief that this is a property rights issue and is concerned of the tyranny of the majority; i.e., if 51% of the people want to take the rights away from the other 49 %, they can. If 88% of the people in the neighborhood said they wanted this historic district designation, it would mean 12% of the people in the neighborhood that were against it would lose their property rights. MOVED BY ENSEY SECONDED BY LOVER THAT WE DISBAND THE HISTORIC DISTRICT. Acting Assistant City Manager Morales stated that if Council would like to consider repealing the ordinance, staff would have to research the legality to do that. ENSEY WITHDREW HIS MOTION AND LOVER WITHDREW HIS SECOND. ENSEY MOVED AND LOVER SECONDED TO REQUEST THE CITY MANAGER TO BRING BACK INFORMATION ON WHETHER WE CAN OR CAN NOT DISBAND THE BARGE - CHESTNUT HISTORIC DISTRICT. Mr. Morales clarified the motion is to examine the options for repealing the ordinance that established the Barge- Chestnut historic district and guidelines and that the association is not affected. Motion failed 5 -2; Adkison, Cawley, Coffey, Edler and Ettl voting no. 20. Adjournment COFFEY MOVED AND ENSEY SECONDED TO ADJOURN TO MARCH 22, 2011 AT 2:00 P.M. AT THE YAKIMA CONVENTION CENTER FOR A CITY COUNCIL RETREAT. Motion carried by unanimous voice vote. Meeting adjourned at 9:06 p.m. READ AND CERTIFIED ACCURATE BY c a . ic;6 2:11,- pl /CoUNCIL ME BER DATE • • j C( COUNCIL MEMB' DATE ATTEST: CITY CLERK MICAH CAWLEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 8