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HomeMy WebLinkAbout04/03/2007 Business Meeting 345 BUSINESS MEETING APRIL 3, 2007 — 6:00 P.M. COUNCIL CHAMBERS — CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore 2.. Invocation /Pledge of Allegiance Council Member Bonlender gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order /Special Presentation • A. Proclamations: • Administrative Professionals Week — April 22 -28, 2007 JoAnn Benson accepted the proclamation and advised there is a luncheon and program to acknowledge administrative staff on April 25, 2007 at the Red Lion Hotel Yakima Center. • Donate Life Month • Mike Meyer accepted the proclamation and encouraged citizens to become aware of the need for organ and tissue donation. • Sexual Assault Awareness Month Kim Foley accepted the proclamation and invited the public to the "Clothesline project" on April 7 and "Walk a Mile in Her Shoes" men's march on April 27, 2007. B. Special Presentations /Retirement Recognitions Mayor Edler recognized the Boy Scouts from Troop 161 and their leader. They are working on their citizenship badge. C. s Status report on prior meeting's citizen service request 1. Status of Skate Park at Kiwanis Park (requested by Kurt Hartsfield) Denise Nichols reported that the skate park is included in the IAC grant application and as soon as the application is approved, the City can start the project. She estimated it would be completed in the fall of 2007. 2. Grand Hotel Parking (requested by Sally Peterson) Pete Hobbs advised that options for the Grand Hotel residents would be to contract with a private company for parking or the City amend the Municipal Code to allow residents to obtain parking permits. D. Appointments to Council Boards and Commissions -- None 4. Consent agenda *AII items listed with an asterisk ( *) are considered routine by the City Council and will be enacted by one motion without discussion. A citizen may request Council to remove an item from the Consent Agenda, and if approved, it will be considered in its normal sequence on the Agenda. 346 APRIL 3, 2007 • 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. Items No. 8 and 10 were added to the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE CONSENT AGENDA AS AMENDED. The motion carried by unanimous roll call vote. *A. Council Minutes — January 9 and January 16, 2007 Business meetings; January 23, 2007 Adjourned meeting The minutes of the January 9 and January 16, 2007 Business meetings and the January 23, 2007 Adjourned meeting were approved, having been duly certified accurate by two Council members and no one wishing to have said minutes read publicly. *B. Council Committee Meeting Reports: 1. Council Budget Committee — 3/21/07 2. Council Transit Committee — 3/8/07 The Council Committee Reports were approved. 5. Audience Participation • Lawrence Breers appeared on behalf of the League of Women voters to invite the Council to the 2 Annual Kara Kondo Memorial Luncheon on April 17, 2007. • Thomas McCormick stated he would like only one military parade per year. • Betty Lee requested a solution to the Grand Hotel parking issue. She was invited to attend the Yakima Downtown Association meeting to voice her concerns. PUBLIC HEARINGS — 7:00 P.M. 6. Public Hearing to consider the proposed expansion of and increase in assessment rates for the Yakima Downtown PBIA Number 1, and consideration of legislation that would implement those proposed amendments Steve Gibson, Urban Place and the Committee for Downtown Yakima, said that, although this is a proposal to expand the boundaries of the PBIA and increase the assessment rate, it is more than that. Cities that are experiencing a renaissance are doing so because they understood the steps necessary to have a successful downtown. Over the next few months, the Committee for Downtown Yakima will bring forward proposals regarding parking, residential and commercial infill projects, arts incubation space, and public space enhancements, sod improvement programs, etc., that will enhance the downtown, bringing both businesses and people. He asked for Council's support of this legislation. • Mayor Edler opened the public hearing. Joe Mann, 6 N. 3rd St., spoke in favor of the increased assessment and expansion of the boundaries on behalf of his business. 2 347 APRIL 3, 2007 Jamie Stickel, Chair of the Yakima Downtown Association and Vice -chair of the Committee for Downtown Yakima as well as Vice - President of the Yakima Herald. Republic, and Secretary- Treasurer of the Visitors and Convention Bureau, stated he is speaking for all those organizations. We want to put forth a vision with action steps to create a clean, safe downtown. We have an action plan and this proposal will help pay for it. Beth Danhart, Executive Director for Triumph Treatment Center, said they are in favor of downtown improvement, but this assessment would significantly impact their budget, increasing it by $600 -$700. As a non - profit, they don't have the extra money and ask for that to be considered. Mike McMurray, President of the Yakima Bears, 8 N. 2 Street, speaking for the Bears and on behalf of Ralph Proudfeet of Silverheels, and Linda Roth of the State Farm Agency, said that as small businesses in the downtown, they don't view this as only an increase in costs, but as an investment in the community that should increase their businesses. We are a private /pubic partnership with the City and approve this assessment increase that will help us maintain our downtown. Sean Hawkins, Deputy Executive Director of the Committee for Downtown Yakima, read a letter from Monica Weyhe, Executive Director and representative for the Trustees for the Library, that was in favor of the temporary, one -year increase of the PBIA assessment. Luz Bazan Gutierrez, 1424 S. 31 Avenue, asked if there had been a study session to discuss this? She doesn't have anything against the increase, but according to the data provided several months ago, the business plan did not really show how the money was going to be used. She wants to.make sure that information is provided to all the affected businesses. She asked if all the businesses have been notified of the increased costs if this is passed. Mayor Edler stated he believes they have. Ms. Gutierrez asked about diversity on the boards because it appears that they all have the same people. City Manager Zais explained that the Committee for Downtown Yakima (CDY) is a private non - profit group of business owners and interests, and the Yakima Downtown Association (YDA) is an official City committee that is based on the original PBIA that was put together 30 years ago. John Baule, Director of Yakima Valley Museum, and Treasurer of the Committee for Downtown Yakima, commented that in the interviews for the new director of the Visitors and Convention Bureau, one of the points he heard frequently was the importance the downtown plays in tourism and the benefit it has on bringing conventions here. We are talking not only about a clean and safe downtown, but also about turning it into a destination. Doug Piccatti, President of the Westside Merchants and President of the Committee for Downtown Yakima, and a member of the Visitors and Convention Board, explained that the money would be used to fund the maintenance for the downtown area. Jar Arcand,111 E. Yakima Avenue, a former member of the Yakima Downtown Association, said he feels the PBIA assessment is an unfair tax because it exempts certain businesses and governmental agencies. He suggested that Council look at what this assessment funds and who actually benefits; and that it should be property owners and business owners who equally fund the downtown maintenance and beautifications. 3 348 APRIL 3, 2007 The current assessment should not be increased, but should be repealed and property owners should pay an assessment based on their square footage. In this manner, other than those that are currently exempted from the assessment, the individual business assessment would decrease, but the overall revenue would increase. Council Member Bonlender, speaking as a citizen and downtown business owner paying this assessment, said that Mr. Arcand brought up some excellent points. He further stated that he supports this proposal, realizing that it is a temporary, short-term fix for one year. Perhaps Mr. Arcand's suggestion would be considered as part of a long -term change. Mr. Arcand agreed that he would be willing to pay a short -term fix as long as we don't lose sight of a long -term solution that would maintain funding. Mr. Gibson, stated that as soon as we get past this step, they will look at all possibilities for assessments. . Mayor Edler closed the public hearing. The City Clerk read the ordinance by title, and McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. Jeff Cutter, Assistant City Attorney, clarified that this is an amendment to the existing PBIA ordinance that expires in one year. Council Member Lover said his research shows that this is a downtown buy -in that will sunset in one year and, according to his calculations, it isn't needed. He would rather see the two committees put forth a joint proposal. He believes the PBIA members should be the ones to vote on whether or not to increase the assessment. Jamie Stickel addressed Council Member Lover's concerns saying that the downtown beautification is not restricted to the downtown core that is the boundary of the PBIA. They need to expand that area and come back to Council with a funding plan. Council Member Whitman expressed concern that she had not heard any testimony from businesses located within the proposed expanded area. WHITMAN MOVED AND LOVER SECONDED TO AMEND THE MOTION TO EXCLUDE THE NEW PROPOSED EAST YAKIMA AVENUE SECTION AND LEAVE THE NON - PROFITS ON THE CURRENT ASSESSMENT RATE THIS YEAR. Sean Hawkins passed on information that the Red Lion Hotel, who would be the largest employer in the new area, is supportive of the proposal. Following debate about the motion, the question was called for a vote on the amending motion. During the course of the roll call vote, Council Member Cawley requested to abstain from voting because he wanted additional time to consider the issue. The vote to permit Council Member Cawley to abstain from voting on the issue failed by 5 -2 voice vote; Edler, Johnson, Lover, Bonlender and Whitman voting against the abstention, and Cawley and McClure in favor. The motion to amend failed by 6 -1 roll call vote; Bonlender, Cawley, Edler, Johnson, Lover, and McClure voting nay. The question was called for a vote on the original motion. The motion carried by 5 -2 roll call vote; Cawley and Lover voting nay. City Manager Zais advised that a contract with the Committee for Downtown Yakima would be needed for the maintenance issue. Council Member Lover requested a legal opinion on whether the maintenance works need to go out for bid. City Manager Zais stated that would be forthcoming. ORDINANCE NO. 2007 -15, AN ORDINANCE of the City of Yakima, Washington, relating to parking and business improvement areas; expanding the boundaries of and increasing the assessment rates for the Parking and Business Improvement Area No.1_ , a parking and business improvement area (hereinafter "PBIA ") for certain uses and within such parking and business improvement area as provided herein 4 349 APRIL 3, 2007 CITY MANAGER'S REPORTS 7. Presentation by HDR on the results of the Value Engineering and Regionalization Study of the proposed Stormwater Program City Manager Zais acknowledged Council Members McClure and Lover as the City's representatives on the Regional Task Force. Yakima County has agreed to take the lead agency status. It is our goal to have a regional permit for this area. The Department of Ecology is optimistic that could happen. Aaron Meers, HDR Engineering, gave a Power•Point presentation that reviewed: • Accomplishments of the Regional Stormwater Planning Group • The outcome of the Value Engineering Study • The summary of the Value Engineering Study • • Breakdown of Value Engineering program savings • What was completed in the Regional Analysis • Regional Stormwater Program • Regional program costs • Cost comparison that indicates a cost efficiency and savings • Regional staffing and staffing organizational chart • How does the Permit affect the City of Yakima • Regional implementation — operational costs and staffing costs • Recommended implementation — what needs to occur in the next five years • NPDES Phase II Permit updates. Responding to a question from Council Member Bonlender regarding cost to the homeowner, Mr. Meers stated that they recommend a funding study to decide how the costs will be equitable for each entity and then determine the cost to the consumer. Council Member Bonlender asked for information on the cost to the citizen under the regional system versus the City implementing the program on its own. Mr. Meers thought that information was still in the development stage. Clarence Barnett, representing Central Washington Home Builders Association, stated they believe that before a determination could be made on how much each entity would contribute for a regional program, that the original stormwater implicit costs should be reviewed for redundancies. The regional stormwater implicit costs are over $6.6 million, or 61.9% of the total five -year costs, and were not part of the stormwater value engineering study. He suggested that the implicit costs be reviewed by an appointed task force representing all interested parties for identification of possible redundancies under the five -year Regional Stormwater Program. JOHNSON MOVED AND CAWLEY SECONDED TO BRING FORTH THE CONCERNS OF THE CENTRAL WASHINGTON HOME BUILDERS ASSOCIATION TO THE REGIONAL STORMWATER TASK FORCE. The motion carried by unanimous voice vote. *8. Report regarding the Building Code Effectiveness Grading Schedule Classification The Report was accepted. 5 350 APRIL 3, 2007 9. Consideration of Resolution approving a $100,000 grant request from 2007 HOME funds and a $100,000 grant request from 2008 HOME funds to Yakima YWCA to be used in completing the expanded YWCA Women's Shelter, and authorizing the City Manager to execute all necessary grant documents between the City and the Yakima YWCA Elizabeth Farley, Executive Director of the YWCA, gave a recap of their project and requested Council's support. Council Member Bonlender stated that the Council's Neighborhood Development Committee endorses this proposal. Dan Landis of Common Ground, a consulting firm working for the YWCA, clarified and corrected the dollar amounts from funding sources for this project. In Tight of the fact that the State may be giving them $200,000, Council Member Lover suggested that this $200,000 should be given to them as a five -year loan. Council Member Johnson pointed out that the state money has not yet been voted on by the Legislature. The City Clerk read the resolution by title, and WHITMAN MOVED AND BONLENDER SECONDED TO ADOPT THE RESOLUTION. LOVER MOVED AND JOHNSON SECONDED TO AMEND THE MOTION THAT IF THEY RECEIVE THE $200,000 FROM THE STATE CAPITAL FUND THAT WE MAKE OUR $200,000 A FIVE -YEAR LOAN. The motion to amend failed by a 6 -1 roll call vote; Bonlender, Cawley, Edler, Johnson, McClure and Whitman voting nay. The question was called for a vote on the original motion. The motion passed by unanimous roll call vote. RESOLUTION NO. R- 2007 -39, A RESOLUTION approving a $100,000 grant request from 2007 HOME funds and a $100,000 grant request from 2008 HOME funds to Yakima YWCA to be used in completing the expanded YWCA Women's Shelter, and authoring the City Manager to execute all necessary grant documents between the City of Yakima and Yakima YWCA. *10. Consideration of 2006 Year -end Expenditure Report The 2006 Year -end Budget Revenue and Expenditure Report was accepted. *11. Consideration of Resolution declaring a Fire Department 2001 Ford Excursion to be ' surplus to the needs of the City and authorizing sale of the vehicle by means determined appropriate by the City Manager RESOLUTION NO. R- 2007 -40, A RESOLUTION declaring a 2001 Ford Excursion Lic# 30592D to be surplus to the needs of the City of Yakima and the Fire Department and authorizing sale of the vehicle by whatever means determined appropriate by the City Manager. *12. Consideration of a Resolution declaring a Yakima Convention Center 1990 Chevy Astro Van to be surplus to the needs of the City and authorizing sale of the vehicle by whatever means determined appropriate by the City Manager RESOLUTION NO. R- 2007 -41, A RESOLUTION declaring a 1990 Chevy Astro Van Lic #08426D, Vin #1GNEL19ZOLB213566 to be surplus to the needs of the City of Yakima and the Yakima Convention Center and authorizing sale of the vehicle by whatever means determined appropriate by the City Manager. 6 351 APRIL 3, 2007 *13. Consideration of Resolution authorizing execution of an intergovernmental cooperative purchasing agreement with the City of Poulsbo for goods and services RESOLUTION NO. R- 2007 -42, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with The City of Poulsbo, WA. *14. Consideration of Resolution authorizing execution of a professional services agreement with Don Wilton Surveying to perform topographic surveying services for the Public Works Complex Project RESOLUTION NO. R- 2007 -43, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a professional services agreement in an amount not to exceed $7,000 for surveying services on the Yakima Downtown Initiatives Project (West). *15. Set Closed Record Public Hearing for April 17, 2007 at 7:00 p.m. to consider the Hearing Examiner's recommendation on a rezone requested by Harley Menard April 17, 2007 at 7:00 p.m. was set as the date and time of a closed record public hearing to consider the Hearing Examiner's recommendation on a rezone requested by Harley Menard. *16. Set Open Record Public Hearing for April 17, 2007 at 7:00 p.m. to consider the Hearing Examiner's recommendation to vacate the platted driveway in the vicinity of 320 Englewood Crest Court April 17, 2007 at 7:00 p.m. was set as the date and time of an open record public hearing to consider the Hearing Examiner's recommendation to vacate the platted driveway in the vicinity of 320 Englewood Crest Court. *17. Set Open Record Public Hearing for May 1, 2007 at 7:00 p.m. to consider a proposed development agreement between Wal -Mart and the City of Yakima May 1, 2007 at 7:00 p.m. was set as the date and time of an open record public hearing to consider a proposed development agreement between Wal-Mart and the City of Yakima. ORDINANCES 18. Consideration of Legislation regarding construction of a dumpster enclosure in downtown area . . .. _ • ucc for public vehicle parking and authorizing construction of a dumpstcr enclosure 8. Resolution authorizing the City Manager to enter into an appropriate 1 ass /rental /license agreement with said business owner(s) Discussion of this item was postponed. 7 352 APRIL 3, 2007 *19. Consideration of an Ordinance relating to proposed revisions to the Wastewater Connection Charge ORDINANCE NO. 2007 -16, AN ORDINANCE of the City of Yakima relating to wastewater rates, fees, and charges; adjusting certain wastewater connection charges; amending Sections 7.58.030 and 7.58.090 of the Yakima Municipal Code; establishing an effective date and providing for related matters. *20. Second Reading of an Ordinance amending the 2007 budget and making an appropriation in the 332 -Fire Capital Fund An Ordinance amending the 2006 budget and appropriating funds to provide for replacement of a Fire Department command vehicle, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2007-17, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making an appropriation of $30,000 within the 332 —Fire Capital Fund for expenditure during 2007 to provide for replacement of a Fire Department command vehicle. • 21. Other Business Council Member Cawley clarified his reasons for wishing to abstain on the vote in Item No. 6, stating that he had some questions that were not addressed. He apologized for any disruption of the proceedings it may have caused. 22. Adjournment BONLENDER MOVED AND JOHNSON SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 8:04 p.m. READ AND CERTIFIED ACCURATE BY Li '7 6) •UNCIL ME DATE N MEMBER DA E ATTEST: �c� �C- C3 Ov'1� A �`.�i CIT41 ERK / — DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 8