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HomeMy WebLinkAbout05/05/2009 05A Draft Minutes 04-07-2009 Business Meetingi YAKIMA CITY COUNCIL BUSINESS MEETING APRIL 7, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 5:30 P.M. — EXECUTIVE SESSION Roll Call -5 *A 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 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 22nd 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 22nd. 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. APRIL 7, 2009 • • 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 2 • • C7 APRIL 7, 2009 department or EMS. He emphasized that this issue is not for a new tax but is within the current EMS budget. 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`d 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. 2"d 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. 3 APRIL 7, 2009 • 8.. Public Hearing and consideration of a Resolution amending the Six -year Transportation Improvement Program (STIP) by adding six projects to the STIP City Manager Zais said the amendment is tied to the American Recovery and 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 carved 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 9. GGnseder-ation of FiFefighter/EMS issues 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. is 4 • APRIL 7, 2009 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 r� RESOLUTION NO. R- 2009 -56, A RESOLUTION authorizing and directing the City Manager to execute an option with the owners of the property at 3`d 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 Attomeys 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. 5 APRIL 7, 2009 *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 Lary 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 amen_ dment 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 Ai quo R AND TH& T40mR BUILDING 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 -127 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 2"d Street; 2"d Street and 3`d streets between Yakima and Chestnut Avenues; the half - MeaFand fifteen minute districts by 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 APRIL 7, 2009 • the percentage of parking spaces available for long -term parking permits in City- owned lots from 50% 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 7 19A. 20. APRIL 7, 2009 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 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. 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 OF A PUBLIC HEARING FOR APRIL 21, 2009. The motion carried by unanimous voice vote. 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 ATTEST: CITY CLERK COUNCIL MEMBER . DATE COUNCIL MEMBER DATE DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office • •