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HomeMy WebLinkAbout03/24/2009 Business Meeting 422 YAKIMA CITY COUNCIL BUSINESS MEETING MARCH 24, 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 Kathy Coffey, Rick Ensey, Bill Lover, Neil McClure, and Sonia Rodriguez 2. Executive Session • Property acquisition /disposition • " Prospective litigation A motion carried to adjourn to Executive Session at 5:00 p.m. for one hour. Executive Session ended at 5:47 p.m. and Council reconvened at 6:00 p.m. in Council Chambers. 6:00 P.M. — PUBLIC MEETING 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, City Attorney Cutter and City Clerk Moore (After 7:00 p.m. for Public Hearing) County Commissioners : Mike Leita, Rand Elliott and Kevin Bouchey 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. Special presentations / recognitions MayorEdler introduced Josina Bickel, a junior at East Valley High School, who is job shadowing the mayor. 423 MARCH 24, 2009 • • Recognition of Barbara Cline for assistance refurbishing the Council Chambers Mayor Edler presented a certificate of appreciation to Barbara Cline for her generous" efforts in the redesign and refurbishment of the Council Chambers. Ms. Cline recognized City staff members Randy Beehler, Randy Pitney, and Sonya Claar -Tee for their assistance. • Introduction of new Airport Manager, Mike Redmond _ - moved to April 7 • Recognition of Sofia Mabee, Assistant City Attorney City Manager Zais recapped Sofia's seven years as a member of the Legal Department and noted she has accepted a position in Seattle. City Attorney Cutter spoke highly of Sofia's abilities and how much she will be missed. He presented her with her prosecutor's badge mounted on a plaque. • Pacificorp presentation of grant award to the Fire Department Clark Satre, Regional Manager of Pacific Power, presented a $2,500 check to the Fire Department from the Pacific Power Foundation for the purchase of equipment to measure the carbon monoxide level in the blood. Ron Melcher, Deputy Fire Marshall, received the check and described the benefits of the new equipment. • Report on Congressional lobbying trip Mayor Edler, City Manager Zais, and Council Member Lover shared thoughts on the productivity of the lobbying trip to Washington D.C. to attend the National League of Cities Conference. They emphasized that their meetings with congressional members and staff have a tremendous benefit in funds received by the City of Yakima. This year, County Commissioner Rand Elliott also made the trip. C. Status report on prior meeting's citizen service requests D. Appointments to Boards and Commissions 4. 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 McCLURE 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 Meetings — November 4 and December 29, 2008 • Business Meetings — February 24 and March 3, 2009 The minutes of the November 4, December 29, 2008, February 24 and March 3, 2009 Adjourned and Business 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 • Lodging Tax Advisory Committee — February 17, 2009 • Downtown Yakima Futures Initiative — February 25, 2009 • Council Budget Committee — February 26, and March 10 • Council Neighborhood Development Committee — January 14, 2009 2 424 MARCH 24, 2009 The Council committee meeting minutes were approved. Council Member Cawley announced there will be an art fair held at the Harmon Center through Friday, March 27 5. Audience Participation Rick Linneweh, President and CEO of Memorial Hospital, at the request of Council Member Coffey, made a presentation to Council on a program in which hospital employees recently participated. The program, called "Into the Blue ", was conducted by the Pacific Institute and was intended to educate employees on how to develop a different culture, thereby increasing their capacity to have an effect on themselves, their families, their neighborhoods, their jobs, as well as their communities. They also worked with For a Better Tomorrow educating 150 leaders of the community. Jennifer Tate of Memorial's Health and Wellness Program distributed a handout sharing some of the vision statements created by participants in the class with regard to their ideas for the future of Yakima. Diane Patterson, Director of Children's Village and co- facilitator for the group, also spoke about the program and noted that they ended up with what could be considered a focus group platform. William (Woody) Woodcock, 2809 S. 79 Avenue, representing Advanced Life Systems Ambulance, questioned why the City is continuing to pursue a paramedic program after the failure of the EMS levy. Richard Paddock and Bill Huibregtse also spoke against a publicly- funded paramedic program. Joe Walkenhauer, representing Save Our American Rights (SOAR), read a letter (copy available in Clerk's file) against the paramedic proposal. Mayor Edler, responding to comments made, clarified that the paramedic proposal was not a substantial part of the EMS levy, but just one cent out of twenty -five cents. The levy was mainly about hiring firefighters. He also corrected the perception that the Fire Chief is driving the issue and pointed out that he, himself, is "driving it." He shared personal experiences as to why he believes in it. Council Member Coffey clarified that the question isn't that we are starting a paramedic program, which the voters clearly did not want, but that we are asking that the two paramedics that we have on staff be allowed to use their skills. Rodney Iverson and Mark Matthews of the Clean and Sober Alliance of Yakima County requested a future opportunity to speak with the Council about the need to provide standards to eliminate substandard housing. They briefly described how the Landlord Tenant Act and subsequent ordinance impacts their ability to evict someone who has relapsed into drug use quickly enough to not affect other residents in the home. They also would like to discuss what their expectations can be of the police with regard to removing someone. A time will be set for this discussion. Dennis Hawkins, 211 South 4 Street, distributed packets he prepared for each Council member inviting them to participate in a workshop he is conducting on March 30 themed "Voice from Heaven" Jesus' Prophecy. 7:00 PM — PUBLIC HEARINGS 3 425 MARCH 24, 2009 • 6. Joint Open Record Public Hearing with Yakima County to consider the Regional Planning Commission's recommendation on the proposed Adult Business Ordinance The County Commissioners joined the Council members at the horseshoe. Joan Davenport, Planning Manager, referred to the two -page update supplied in the packet. She explained that the original hearing held on March 3rd was continued in order to allow business owners to review the ordinance. One new issue was the discovery that one of the existing businesses operates 24 hours a day. Because it was not previously known, it is not part of the revised ordinance. Allowance for that would require an amendment to the ordinance. O Mayor Edler opened the public hearing. Dale Marney representing the Yakima Arcade at 21 South Front Street, petitioned to be allowed to continue operating his business 24 -hours a day. Henry Herron also spoke in support of a 24 -hour operation. Jeff Sorenson of the Grapevine Video Novelty requested and received clarification on the effect of the "grandfathering" provision. ✓ Mayor Edler closed the public hearing. The City Clerk read the ordinance by title only; McCLURE MOVED AND CAWLEY SECONDED TO APPROVE THE ORDINANCE. CAWLEY MOVED AND ENSEY SECONDED TO AMEND THE ORDINANCE TO GRANDFATHER THE CURRENT BUSINESS TO ALLOW OPERATION 24 -HOURS A DAY BUT NOT TO ALLOW ANY FUTURE BUSINESS 24 -HOUR OPERATION. Upon questioning, Commissioner Leita claimed this is a motion for the City of Yakima and not for Yakima County at this time. He expressed concerns about the insertion of M -1 zoning in the ordinance. Bill Cook, Director of Community and Economic Development explained that M -1 was inserted as a result of research done on test cases in ordinances around the state. This language was inserted to withstand potential First Amendment court challenges. The motion to amend passed by unanimous roll call vote. The amended motion also carried by unanimous roll call vote. The County Commissioners were excused at 7:21 p.m. ORDINANCE NO. 2009 -09, AN ORDINANCE relating to the regulation of land use and development of adult oriented businesses in the City of Yakima, and adding Section 15.09.200, entitled Adult Business, to Chapter 15.09 of Title 15 of the City of Yakima Municipal Code. 4 426 MARCH 24, 2009 7. Final Public Hearing on the 2008 Consolidated Annual Performance Evaluation Report (CDBG /HOME) Archie Matthews, Neighborhood Development Services Operating Supervisor, presented the 2008 Consolidated Annual Performance Evaluation Report. It was pointed out that, although staffing and resources were down, there has been a continued increase in program numbers over the last five years, significantly in 2008. Mayor Edler opened the public hearing and with no one coming forward to speak, closed it. CITY MANAGER'S REPORTS 8. Consideration of Legislation regarding Downtown Yakima Parking Commission recommendation from Downtown Yakima Futures Initiative: A. Ordinance relating to parking and amending Chapter 9.50 of the City of Yakima Municipal Code Chris Waarvick, Director of Public Works, advised Council that in 2005 the parking times were changed and a strategy was to be developed and reviewed in 2008. The Downtown Yakima Parking Commission has submitted their recommendation. In general, it will reduce the on- street hourly parking from three hours to two hours in the downtown core with a one -hour section in the main core. The off - street parking in City -owned parking Tots will also be adjusted. Those adjustments include increasing fees to the 2005 level, reducing monthly parking permits to 30% from 50 %, and purchasing new parking technology to track and create revenue from the lots. Larry Hull from the Downtown Yakima Parking Commission, reviewed the details of the recommendation. He noted that they purposely did not show the Commission the previous ordinance, yet they ultimately developed a similar ordinance. The Commission feels the recommendation is a step forward in technology and enforcement and moves to a more modern downtown. Downtown business owners were approached by Sean Hawkins of CDY before he left as well as many members of the Parking Commission. Short of having a full public hearing, there had been many opportunities for people to comment. Mr. Waarvick commented that there may be an impact to people who work in the downtown area, but it does keep the parking cycle moving and creates places for shoppers. Rod Bryant, 4907 Prestige Court, said he had not been approached for input. He admitted that they move their cars during the day, so the theory of saving parking for shoppers isn't valid. He questioned how the employees that park downtown are going to be able to move their cars hourly with this ordinance. He asked if businesses will be able to purchase monthly spots to help avoid that problem. City Attorney Cutter clarified that even the current ordinance does not allow for vehicles to be moved from space to space and that could result in a parking ticket. 5 • 42 7 MARCH 24, 2009 Discussion centered on the need to educate the community on the revisions and on the implementation timeframe. Council Member Coffey volunteered to help the Parking Commission develop an education plan. Pete Hobbs, Customer Service Manager, advised that the current allotment of 50% of the parking Tots for monthly rental is at capacity, mainly due to the Federal Courthouse building's lot being closed. Reducing it to 30% will create a waiting list. Mr. Hull pointed out that bringing the lot rates back to $40 a month (from $20) will put them in line with private lots and help initiate people utilizing the private lots as well. Nick Hughes, another member of the Parking Commission, emphasized that they did not ignore downtown employee parking during their considerations; it was a significant part of their discussion. The employees need to understand that if they are taking the prime parking places, they are not going to get the customers. It was part of the compromise considered. CAWLEY MOVED AND ENSEY SECONDED TO ACCEPT THE REPORT AND TAKE NO ACTION AT THIS TIME. Mayor Edler spoke against the motion and commented that we had asked the Commission to develop a proposal and now we are taking away the empowerment we gave them. Mr. Hull said he was unsure what the Council was asking for. The motion carried by a 4 -3 roll call vote; Edler, McClure and Rodriguez voting no. B. Resolution authorizing execution of agreements to implement the Parking Commission Recommendation for automated parking fee management The City Clerk read the resolution by title; McCLURE MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -41, A RESOLUTION authorizing the City Manager to execute the contracts, including subsequent amendments, revisions and other necessary documents for the implementation, installation, operation and maintenance of automated parking fee management with the CALE Parking System for parking lots owned by the City of Yakima 9. Consideration of a Resolution authorizing a contract with US Bank for electronic payment services Rita DeBord, Director of Finance and Budget, referred to the long time it took to get to this point, but they are now presenting a complex contract that provides for electronic payments to the City. It is expected to take four to six months to design and implement. It will be implemented in phases with the first being utility billing. The City Clerk read the resolution by title; CAWLEY MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -42, A RESOLUTION authorizing and directing the City of Yakima to execute a Treasury Management Services Agreement with U. S. Bank and a Government Terms of Service Agreement with Elavon, Inc., a subsidiary of U. S. Bank, in order to provide electronic payment and debit/credit services for the public, thereby offering additional options for the payment of municipal services. 6 4 28 MARCH 24, 2009 *10. Consideration of a Resolution authorizing the City Manager to execute an agreement with Fulcrum Environmental Consulting, Inc. regarding the hazardous material abatement on the third and fourth floors of City Hall RESOLUTION NO. R- 2009 -43, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with Fulcrum Environmental Consulting, Inc. in evaluating and advising the City on renovation activities on the 3 and 4th floors of City Hall including appropriate measures to address potential hazardous materials as well as conducting project management. *11. Consideration of a Resolution authorizing a Programmatic Agreement with the Washington State Historic Preservation Officer and the Advisory Council on Historic Preservation RESOLUTION NO. R- 2009 -44, A RESOLUTION authorizing and directing the City Manager to execute a Programmatic Agreement between the City of Yakima, the Washington State Historic Preservation Officer, and the Advisory Council on Historic Preservation for Yakima regarding projects funded by CDBG and HOME grants that impact historic properties. *12. Consideration of a resolution condemning the use of excessive force against individuals engaged in nonviolent civil right demonstrations and enforcing applicable state laws prohibiting he physical barring of the entrance /exit from a facility which is the subject of a nonviolent civil rights demonstration RESOLUTION NO. R- 2009 -45, A RESOLUTION condemning the use of excessive force against individuals engaged in nonviolent civil rights demonstrations and enforcing applicable state laws which prohibit the physical barring of the entrance or exit from a facility or location which is the subject of a nonviolent civil rights demonstration. *13. Consideration of Resolution authorizing an Interlocal Jail Agreement with the City of Sunnyside RESOLUTION NO. R- 2009 -46, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Sunnyside, Washington for the provision of jail services. *14. Consideration of a Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with the University of Washington RESOLUTION NO. R- 2009 -47, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the University of Washington. *15. Consideration of a Resolution authorizing an amendment to the Healthy Marriage and Responsible Fatherhood Community Demonstration Initiative Professional Services Agreement RESOLUTION NO. R- 2009 -48, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to amend the Agreement with the State of Washington Department of Social and Health Services, and the Professional 7 429 MARCH 24, 2009 Services Agreement with Kraft Consulting, to allow the Greater Yakima Valley Healthy Marriage and Responsible Fatherhood Program to continue for an additional year. *16. Consideration of a Resolution authorizing an agreement with the Yakima Symphony Orchestra to provide music education opportunities for community youth RESOLUTION NO. R- 2009 -49, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Agreement with the Yakima Symphony Orchestra (hereafter "YSO ") for the purpose of providing music educational opportunities and programs for youth in the community and enhancing Yakima's quality of life. *17. Consideration of 4 Quarter 2008 Finance Reports: A. Accounts Receivable B. Treasury The reports were accepted. *18. Set date of Public Hearing for April 7, 2009 to consider amending the Six -Year Transportation Improvement Program so certain projects can be eligible for the American Recovery and Reinvestment Act April 7, 2009 was set as the date of public hearing to amend the Six -Year Transportation Improvement Program (TIP) *19. Set date of Public Meeting for April 7, 2009 to consider final plat approval for the Plat of Reed's Addition April 7, 2009 was set as the date of public meeting to consider final plat approval for the Plat of Reed's Addition located in the vicinity of North 93 and Summitview Avenues *20. Set date of April 7, 2009 for the Closed Record Public Hearing to consider the Hearing Examiner's recommendation on a rezone request by Terry Morton for property located at 904 E. Central Avenue, Yakima April 7, 2009 was set as the date of Closed Record Public Hearing to consider the Hearing Examiner's recommendation on a rezone for property at 904 E. Central Avenue ORDINANCES *21. Consideration of legislation regarding the City of Yakima investment policies: A. Consideration of a Resolution authorizing amending the Municipal Code regarding the amended investment policy. RESOLUTION NO. R- 2009 -50, A RESOLUTION revising the City of Yakima investment policy for public funds. 8 43i_0 MARCH 24, 2009 B. Consideration of an Ordinance creating an investment committee ORDINANCE NO. 2009 -10, AN ORDINANCE related to the Investment Committee; providing for the composition of the investment committee membership, the appointment of the investment committee secretary and recording of all Investment Committee strategic decision - making actions during committee meetings, a minimum semi- annual meeting requirement and a requirement for quarterly status reports for the City's investment holdings; amending sections 1.73.010, 1.73.020, 1.73.030 and 1.73.040 of the City of Yakima Municipal Code. *22. Consideration of Ordinance enacting the three Comprehensive Plan Amendments submitted in 2008 ORDINANCE NO. R- 2009 -11, AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the Yakima Urban Area Comprehensive Plan and zoning as follows: changing the classification of the property located at 1023 South 32 Avenue (parcel no. 181326- 23485) from Medium Density Residential to Neighborhood Commercial and zoning to B -2, Local Business; changing the classification of the properties located at 22 Ranchrite Road (parcel no. 191330 - 42450) from Industrial to Arterial Commercial and zoning to General Commercial; and changing the classification of the property located at 1019 and 1021 South 10` Avenue (parcel nos. 181325 -13546 and 181325 - 13547) from Low Density Residential to Neighborhood Commercial and zoning to B -2, Local Business. 23. Other Business COFFEY MOVED AND McCLURE SECONDED TO RECONSIDER THE PARKING PROPOSAL, ITEM NO. 8. The motion carried by a 4 -3 roll call vote; Ensey, Lover and Cawley voting no. Council Member Coffey mentioned she also was troubled about not acting on the commission's proposal after they had done what they had been asked to do. COFFEY MOVED AND McCLURE SECONDED TO DIRECT STAFF TO BRING BACK THE ORDINANCE FOR THE NEXT REGULAR BUSINESS MEETING, APRIL 7, 2009. Council members commented that this would allow the business community and others to speak to the ordinance at the meeting and the Council members could put forth amendments at that time if they felt it necessary to do so. The motion carried by unanimous roll call vote. 24. Adjournment CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO MARCH 31, 2009 AT 8:00 A.M. IN COUNCIL CHAMBERS FOR A JOINT CITY/COUNTY STUDY SESSION REGARDING THE COUNTY'S BUDGET PROCESS AND PRIORITY SETTING STRATEGIES. The motion carried by unanimous voice vote. The meeting adjourned at 8:18 p.m. 9