HomeMy WebLinkAbout04/07/2009 Business Meeting 452
YAKIMA CITY COUNCIL
BUSINESS MEETING
APRIL 7, 2009
COUNCIL CHAMBERS — YAKIMA CITY HALL
5:30 P.M. — EXECUTIVE SESSION
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1. Roll Call
Present:
Council: Assistant Mayor Micah Cawley, presiding, Council Members Kathy Coffey,
Rick Ensey, Bill Lover, Neil McClure, and Sonia Rodriguez
Staff: City Manager Zais, Assistant City Manager Zabell, Assistant City Attorney
Watters, and Legal Counsel Harper
Absent: Mayor Dave Edler
2. Executive Session:
• Property Acquisition
A motion carried to adjourn to Executive Session at 5:30 p.m. for one -half hour.
Executive Session ended at 5:48 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
2. Invocation /Pledge of Allegiance — Council Member McClure
Council Member McClure gave an invocation followed by the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations
Mayor Edler read a proclamation declaring April 20 -24, 2009 as Administrative
Professional's Week, with Wednesday, April 22 being Administrative Professional's
Day. JoAnn Benson was present to accept the proclamation. She invited Council to
the Administrative Professional's luncheon to be held on Wednesday the 22
B. Special presentations / recognitions
• Introduction of Yakima Air Terminal Manager Mike Redmond
Mike Redmond, Yakima Air Terminal Manager, introduced himself and briefly
outlined his goals for the Air Terminal.
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• Introduction of Assistant City Attorney Jim Mitchell
City Attorney Cutter introduced Jim Mitchell who has been hired to replace Sofia
Mabee as an Assistant City Attorney handling personnel issues.
• Introduction of Ms. Cinco de Mayo Royalty
Gloria Hernandez, Co -chair of the Cinco de Mayo contest, spoke about the
upcoming celebration. The six contestants for the title introduced themselves.
• Safety Symposium of Westside Merchants
Julie Schilling, representing the Westside Merchants, invited the Council and
public to the Central Washington Block Watch Safety Symposium to be held April
17 and 18 at the Valley Mall.
C. Status report on prior meeting's citizen service requests - None
D. Appointments to Boards and Commissions - None
COUNCIL MEMBER RODRIGUEZ MOVED AND ENSEY SECONDED TO DEFER
ITEM NO. 9. The motion carried by unanimous voice vote.
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. Item No. 10 was added to the Consent Agenda. 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
• Business Meeting — March 24, 2009
• Adjourned Meetings — March 31, 2009
The minutes of the March 24, 2009 Business Meeting and the March 31, 2009
Adjourned 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
• Neighborhood Development Committee — March 11, 2009
• Intergovernmental Relations Committee — March 24, 2009
The minutes of the Council Neighborhood Development Committee, March 11, 2009
and the Intergovernmental Relations Committee, March 24, 2009 were approved.
5. Audience Participation
Randy Rashko, President of IAFF Local 469, addressed the EMS /paramedics issue
and gave his opinion on the reasons for the failure of the recent EMS levy. When
going door to door while campaigning, the people who said they were voting no had
said it was because of the tax increase not because they were against the fire
department or EMS. He emphasized that this issue is not for a new tax but is within
the current EMS budget.
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Martha Gamboa, representing Youth Financial Fitness, gave an update on the
program and requested stimulus package funding from the City to continue the
program.
7:00 PM — PUBLIC HEARINGS
6. Public meeting and consideration of a Resolution approving the final plat of
Reed's Addition
Joan Davenport, Planning Manager, advised that this final plat, located in the vicinity
of Summitview and 93 Avenues, was given preliminary approval by Yakima County
and has since been annexed into the City. It is a private- street community of 13 lots.
The developers have fulfilled all the requirements.
• Mayor Edler opened the public meeting.
Bill Hordan, 410 N. 2nd Street, encouraged Council's support.
• Mayor Edler closed the public meeting.
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 -51, A RESOLUTION approving the final plat of Reed's
Addition and authorizing the Mayor to sign the final plat
7. Closed Record public hearing to consider the Hearing Examiner's
recommendation on a rezone request by Terry Morton for property located at
904 East Central Avenue
Joan Davenport, Planning Manager, described the request as a single -lot rezone,
approximately three lots west of the fairgrounds, adjacent to commercial uses on
Fair Avenue, and bounded by the City's fire department. There has been no
opposition and the Hearing Examiner recommends approval.
• Mayor Edler opened the public meeting.
Bill Hordan, 410 N. 2nd Street, encouraged Council's support.
• Mayor Edler closed the public meeting.
CAWLEY MOVED AND ENSEY SECONDED TO DIRECT STAFF TO BRING
FORWARD LEGISLATION. The motion carried by unanimous voice vote.
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8. Public Hearing and consideration of a Resolution amending the Six -year
Tr ansportation mm (Sg j
C ity Manager Zais Improve said the ea amendment Progra is tied TIP) to b y t he American addinsix Recovery proects and to the STIP
Investment Act (federal stimulus package). It adds some projects and phases others
to fall within the requirements of the Act.
Mayor Edler opened and closed the public hearing with no one coming forward to
speak. 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 -52, A RESOLUTION to amend the Six -year
Transportation Improvement Program (TIP) for the period of 2009 through 2014 to
include projects affecting the City's Transportation Plan.
CITY MANAGER'S REPORTS
-e• . _ • _ - _ • - 1 4 _ Item was deferred.
*10. Consideration of a Resolution authorizing execution of a contract with The
Omega Group, Inc. for an upgrade of the Yakima Police Department's current
CrimeView Software Program.
RESOLUTION NO. R- 2009 -53, A RESOLUTION authorizing and directing the City
Manager to enter into a contract with The Omega Group, Inc. for an upgrade of the
CrimeView software package.
11. Consideration of a Resolution authorizing application for a federal COPS
Hiring Recovery Program grant to fund up to seven additional police officer
positions for a period of three years
City Manager Zais advised that this is a federal program created for additional police
officers, sheriff deputies, and law enforcement nationwide that has been reactivated
by the federal stimulus package. There is only a short turnaround to submit the
application. Chief Granato explained that one of the goals of the department is to
achieve the western state average of 1.7 officers per thousand. With this, we would
be at 1.6 per thousand. 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 -54, A RESOLUTION authorizing the City Manager to
apply for a Federal "COPS Hiring Recovery Program" Grant that would fund up to
seven new police officer positions for a period of three years.
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12. Consideration of a Resolution authorizing execution of a contract with United
Builders for working capital bridge loan
Michael Morales, Deputy Community and Economic Development Director,
explained that this request allows for a working capital loan to provide additional
funds to continue their construction operation while they free up their base of capital
and is particularly related to the Seasons Music Hall. He supplied details on the loan
and distributed a letter from outside legal counsel Don Boyd confirming that United
Builders has sufficient assets and ability to repay the loan. City Manager Zais
clarified that the code enforcement matter on the Seasons has not been
compromised. There has been a fire watch posted at every event to make sure we
have not compromised safety. We have been very supportive of the Seasons and
the private investment partnership in the downtown renaissance. The City Clerk
read the resolution by title; CAWLEY MOVED AND COFFEY SECONDED TO
ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2009 -55, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a Community Development Block Grant economic
development loan agreement with United Builders of Washington, Inc. in the amount
of $200,000.
*13. Consideration of a Resolution authorizing execution of an option to purchase
property at Third Street and Walnut Street and to execute a Prospective
Purchasers Agreement with the Washington State Department of Ecology prior
to the City exercising the purchase option
RESOLUTION NO. R- 2009 -56, A RESOLUTION authorizing and directing the City
Manager to execute an option with the owners of the property at 3rd Street and Walnut
Street (Assessor's Parcel No. 191319 - 24459) to purchase the property and to
formalize and execute a Prospective Purchasers Agreement ( "PPA ") with the
Washington State Department of Ecology prior to the City exercising the purchase
option.
*14. Consideration of a Resolution ratifying contract for public defender
representation of indigent defense services with Gillihan Law Office and
contract amendment with Dixon and Lee Attorneys at Law
RESOLUTION NO. R- 2009 -57, A RESOLUTION ratifying a contract for public
defender representation of indigent defense services with Gillihan Law office and a
contract amendment with Dixon and Lee Attorneys at Law.
*15. Consideration of an application for a right -of -way use permit for a fence at
2100 River Road
The right -of -way use permit was approved.
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*16. Set Date of public meeting for April 21, 2009 to consider final plat approval for
Apple Blossom Phase 4 subdivision
April 21, 2009 was set as the date of public meeting to consider final plat approval for
Apple Blossom Phase 4 subdivision.
ORDINANCES
17. Consideration of an ordinance amending Yakima Municipal Code, Chapter 9.50
regarding parking in the core business district as recommended by the
Downtown Yakima Futures Initiative Parking Commission
Chris Waarvick, Public Works Director, noted that this ordinance has been submitted
with a 90 -day effective period to allow for the outreach program suggested. Council
questions were answered with regard to lot usage and on- street parking times. Pat
Byers, a downtown business owner, urged Council to reduce the proposed 100%
increase for lot permits. The City Clerk read the resolution by title; CAWLEY
MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. CAWLEY
MOVED AND RODRIGUEZ SECONDED TO AMEND THE RESOLUTION BY
CHANGING THE PERCENTAGE OF SPACES AVAILABLE FOR PERMITS FROM
30% TO 45% AND TO DECREASE THE PROPOSED MONTHLY FEE FOR THOSE
SPACES FROM $40 TO $30 Larry Hull of the Parking Commission pointed out that
the Commission's recommendation isn't about generating profits, but rather about
the turnover of people being able to access the merchants in downtown. Lowering
the monthly amount to $30 eliminates the incentive to use the private lots. The
Commission believes the downtown is going to continue to grow with parking needs
continuing to increase. Mayor Edler voiced concern that the Council empowered an
organization to bring forward a recommendation and this amendment is the City
Council trying to micro - manage the organization. The amendment failed by a 5 -2 roll
call vote; Coffey, Edler, Ensey, Lover, and McClure voting no.
McCLURE MOVED AND RODRIGUEZ SECONDED TO AMEND THE
RESOLUTION CHANGING THE LANGUAGE IN THE LAST SENTENCE OF
9.50.80 BY STRIKING OUT THE WORDS-HALF-HOUR-AND THE TOWER
TO NOW READ "THE 15- MINUTE DISTRICT BY THE
DOWNTOWN POST OFFICE WILL REMAIN." The motion carried by unanimous
roll call vote. RODRIGUEZ MOVED AND McCLURE SECONDED TO AMEND THE
FEE INCREASE FROM $120 TO $100 PER CALENDAR QUARTER. The vote on
the amendment failed by a 4 -3 roll call vote; Ensey, Cawley, Coffey and Edler voting
no. The vote on the amended motion carried by a unanimous roll call vote.
ORDINANCE 2009 -12, AN ORDINANCE related to parking; amending Yakima
Municipal Code, Chapter 9.50 Parking and Rules of Road, reducing street parking
and City lot time limitations in the core Business district; designating new one hour
districts on Yakima Avenue between Naches and 2nd Street; 2nd Street and 3 streets
between Yakima and Chestnut Avenues; the half hour and fifteen minute districts by
the Tower Building and the downtown Post Office remains; increasing the fees paid
in City -owned parking lots 1, 2 and 4; reducing the period for free from three hours to
two hours and charging $1.00 for each additional hour; decreasing the percentage of
parking spaces available for long -term parking permits in City -owned lots from 50%
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to 30% of the spaces in each respective lot; and increasing the costs of long -term
parking permits from $60.00 per calendar quarter to $120.00 per calendar quarter.
*18. Consideration of Legislation regarding the Commute Trip Reduction Plan:
A. Ordinance amending Chapter 5.90 of the Yakima Municipal Code and
deleting sections 5.90.010 through 5.90.100 and adopting new sections
5.90.110 of the City of Yakima Municipal Code, adopted by the City Council
on April 7, 2009
ORDINANCE NO. 2009 -13, AN ORDINANCE relating to the Commute Trip
Reduction Plan for the City of Yakima as required by RCW 70.94.527 of the
Commute Trip Reduction Efficiency Act of 2006; amending Chapter 5.90 of the City
of Yakima Municipal Code entitled "Commute Trip Reduction Plan," specifically
deleting sections 5.90.010 through 5.90.100; and further amending the municipal
code by adopting new sections 5.90.010 through 5.90.110 in order to update the
municipal code in compliance with RCW 70.94.527 and the State of Washington's
Commute Trip Reduction Board.
B. Resolution approving the Commute Trip Reduction Plan as implementing
the amended Commute Trip Reduction Program Ordinance, Chapter
5.90.010 — 5.90.110 of the City of Yakima Municipal Code, adopted by the
City Council on April 7, 2009
RESOLUTION NO. R- 2009 -58, A RESOLUTION approving the Commute Trip
Reduction (CTR) Plan for purposes of implementing the amended Commute Trip
Reduction (CTR) Program Ordinance, Chapter 5.90.010 — 5.90.110 of the City of
Yakima Municipal Code, adopted by the City Council on April 7, 2009.
19. Other Business
Assistant Mayor Cawley requested a copy of the Fire Department's policy for
dispatch on non -injury accident calls.
Council Member McClure refuted the negative comments in the Yakima Herald -
Republic alleging the City's lack of support for the Seasons Performance Hall.
Council Member Lover advised that the Suntower requested an assessment
adjustment because they believe they should be classified as a religious institution.
He asked for legal clarification on their eligibility under that classification.
Mayor Edler requested the City Manager schedule time in the very near future to
discuss the EMS issue. He also spoke briefly about the recent Council Retreat and
the priorities of government memo from the City Manager. A discussion with the full
Council will be scheduled shortly.
Mayor Edler, referring to a memo from the City Manager recommending budget
amendments due to the change in our revenue picture, encouraged Council to
review it to determine if it fits in with our priorities. He personally expressed concern
about the impact on the Streets Division. City Manager Zais explained his
recommendations and solicited the Council's thoughts. The dedicated revenues for
streets and transportation related projects or services from REET 1 and 2, as well
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as the fuel tax, are down. Accommodating the reduced revenue requires taking
steps now, rather than waiting until mid -year. Council Member Lover suggested it
should go to the Budget Committee. Following Council discussion, the City
Manager was asked to schedule sessions for the entire Council on the EMS issue,
the budget issue, restructuring committees, and potential other subjects.
City Manager Zais advised that he had received a request from the Parks and
Recreation Commission chair asking for a meeting with Council to discuss the pools
and the golf course.
19A. Set date of Public Hearing for April 21, 2009 to consider a JAG application for
Graffiti Abatement, Graffiti Cameras and other Technology Updates
City Manager Zais advised that this is a late opportunity for a Byrne Assistance grant
they became aware of while in Washington D.C. The application time frame is short.
CAWLEY MOVED AND COFFEY SECONDED TO SET THE DATE OFA PUBLIC
HEARING FOR APRIL 21, 2009. The motion carried by unanimous voice vote.
20. Adjournment
CAWLEY MOVED AND McCLURE SECONDED TO ADJOURN TO APRIL 14,
2009 AT 8:00 A.M. IN COUNCIL CHAMBERS FOR A STUDY SESSION
REGARDING A CURFEW ORDINANCE. The motion carried by unanimous voice
vote. The meeting adjourned at 8:06 p.m.
READ AND CERTIFIED ACCURATE BY //
COUNC L ' EM R DATE
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COU , C IL M ' n 3 DATE
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ATTEST:
CITY CLERK k icah- Cawley; As stant- 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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