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Home My WebLink About07/07/2009 04A Draft Minutes 06-02-2009 Business Meetingr YAKIMA CITY COUNCIL BUSINESS MEETING JUNE 2, 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 Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter; and Assistant City Attorney Harvey 2. Executive Session: ® Pending litigation Executive session was held and adjourned at 5:35 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Call. Present: Council: , Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter, and City Clerk Moore 2. InvocationlPledge 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 - None B. Presentations l recognitions Dan Kelleher, the new Executive Director of the Committee for Downtown Yakima, introduced himself and gave an overview of his background. C. Status report on prior meeting's citizen service requests Upside down American flag at Cinco de Mayo parade— requested by Deanna Pemberton Cynthia Martinez reviewed the information that was included in the packet regarding Washington state law and the U.S. Supreme Court rulings about flag desecration. Deanna Pemberton said her original request was to find out who is in charge of these events so that offensive behavior does not incite a riot in the future. JUNE 2, 2009 D. Appointments to Board's, Commissions and Council Committees CAW LEY MOVED AND COFFEY SECONDED TO MAKE THE FOLLOIMNG APPOINTMENTS TO BOARDS AND COMMISSIONS: Bicycle/Pedestrian Committee Reappoint: Sally Mayo Appoint: Sarah Boothman Board of Appeals Reappoint: Rod Cassel Jim Fickel Jim Johnston Terry Poe Historic Preservation Commission Reappoint: Celeste Barry Joe Mann Parks & Recreation Commission: Reappoint: Rod Bryant Tom Hinman Mike Nixon Appoint: Alex Deccio Public Facilities District: Reappoint: Dan Marples Eve Semon Southeast Community Center Advisory .Committee Reappoint: Johnnie Harvey Police & Fire Civil Service Commission Reappoint: Melanie Gilmore Yakima Dousing Authority Appoint: Linda Chaplin 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. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND COFFEY 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.) E JUNE: 2, 2W9 *A. Consideration of approval of Council Minutes • Business Meeting — April 21, 2009 • Study Session — April 28, 2009 The minutes of the April 21, 2009 Business meeting and the April 28, 2009 Study Session 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 • Intergovernmental Relations Committee — May 4, 2009 • Economic Development Committee — May 6, 2009 The Council Committee-meeting minutes were approved. 5. Audience Participation Christine Smith, 712 West Chestnut Avenue, praised the staff of the Office of Neighborhood Development Services for their hard work in the community. Jerod Riley, Ray Powell, Antonio Gomez, and John Samson asked Council to reconsider the new parking limits that affect senior residents of Chestnut Manor on 4th Street and Chestnut. Mayor Edler advised there would be a response at a future business meeting. 7:00 P.M. — PUBLIC HEARINGS 6.. Closed Record Public Hearing and consideration of a Resolution approving the preliminary plat of Powerhouse Villas Phase 9 located at 5329 West Powerhouse Road Joseph Calhoun, Assistant Planner, described the preliminary plat as a 32 -lot subdivision zoned R -2. There are 14 common -wall units, six fourplex units and a private park area. The Hearing Examiner held an open- record public hearing on April 23, 2009 and issued a recommendation for approval on May 7, 2009. • Mayor Edler opened the closed—record public hearing Bob Ingham, Vice President and Operations Manager of Squire- Ingham Company, spoke in support of the request. • Mayor Edler closed the closed -word public hearing The City Clerk read the resolution by title; CAWL.EY MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -78, A RESOLUTION granting conditional preliminary plat approval for the Preliminary Plat of Powerhouse Villas, Phase 1, a thirty -two, lot subdivision for property located at 5321 Powerhouse Road 3 JUNE 2, 2009 i. Public Hearing on the Annual Action Plan amendment for supplemental Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD) American Recovery and Reinvestment Act (ARRA) Michael Morales, Deputy Director of Community and Economic Development, advised that because of a number of funding sources, the City has been allowed to increase Community Development Block Grant funding. Following this public hearing and the conclusion of the seven -day comment period, staff recommends the additional $318,000 be used as follows: Public Facility improvements - $24.1,200; Community Service s.- $45,000; and Administration - $31,800. Mayor Edler opened the public hearing, and with no one coming forward to speak, closed it. CAWLEY MOVED AND RODRIGUEZ SECONDED TO APPROVE TIME HEARING EXAMINER'S RECOMMENDATION The motion canned by unanimous voice vote. CITY MANAGER'S REPORTS 8.. Consideration of Firefighter /paramedic issues Fire Chief Charlie Hines summarized the activity on the issue to date. His bottom line was that this current proposal would allow the opportunity to deliver an improved level of service yet stay within the existing budget. During Council discussion, many questions were raised and responded to prior to opening it up for audience participation. William Woodcock, Advanced Life Systems, pointed out that the levy for 12 new firefighters and paramedics was defeated in February and he is against the proposal. Lynne Hardin commented that allowing the use of the paramedics would start an escalation of costs and, over a period of time, may reduce the number of firefighters. Bill Huibregtse said.he saw this discussion as a method of,getting a paramedic on every truck, not just to utilize the two existing ones on staff today. Mel Tanasse read his opposition comments into the record (copy on file in the City Clerk's office). Rod Chandler, General Manager of American Medical Response, reiterated his support for the proposal. Bill Duerr spoke in support of allowing the two paramedics on staff to utilize their skills within the existing budget. He also recommended that no new firefighter paramedics be added until citizens have a voice in the matter. Barbara Greco, Bob Hash and Dave Ettl all spoke in support. Following lengthy Council Member comments, RODRIGUEZ MOVED AND COFFEY SECONDED TO ALLOW THE TWO PARAMEDICS TO CONTINUE USING THEIR SKILLS AND FOR THE CHIEF TO OBTAIN THE NECESSARY EQUIPMENT SINCE IT IS IN THE EXISTING BUDGET The motion failed by a 4-3 roll call vote; Adkison, Cawley, Ensey and Lover voting no. 4 JUNE 2, 2009 *9. Consideration of a Resolution authorizing Neighborhood Development Services to raise its current housing programs subsidy limits from $35,000 to $50,000 using either CDBG or ROME funds RESOLUTION NO. R- 2009 -79, A RESOLUTION authorizing Neighborhood Development Services to raise its current housing programs subsidy limits from $35,000 to $50,000 using either CDBG or HOME funds. *10. Consideration of a Resolution authorizing execution of a contract with Beckwith Consulting Group to complete the HUD mandated five -year Consolidated Plan RESOLUTION NO. R- 2009 -80, A RESOLUTION authorizing the .City Manager to execute a contract with Beckwith Consulting Group to complete the HUD mandated five year Consolidated Plan for the City of Yakima. *11. Consideration of Legislation regarding the Capitol Theatre: - A. A Resolution authorizing a Ground Lease and a Development Agreement with the Yakima Regional Public Facilities District for the purpose of financing, expanding, operating and maintaining the Capitol Theatre RESOLUTION NO. R- 2009 -81, A RESOLUTION of the City of Yakima, Washington approving the lease of the Capitol Theatre to the Yakima Regional Public Facilities District, and approving an agreement between the City and the Yakima Regional Public Facilities District for the purpose of financing, expanding, rehabilitating, developing, operating, leasing and maintaining the Capitol Theatre B. A Resolution authorizing one or more draws on the City's G.O. Line of Credit in an aggregate amount not to exceed $4.5 million dollars for the purpose of providing bridge financing for the Capitol Theatre . expansion project. RESOLUTION NO. R- 2009 -82, A RESOLUTION of the City of Yakima, Washington, authorizing one or more draws in the-aggregate principal amount of not to exceed $4,500,000 from the City's line of credit to fund costs associated with the construction, rehabilitation, and improvement of the Capitol Theatre. *12. Consideration of a Resolution authorizing option to purchase property at Third Street and Walnut Avenue RESOLUTION NO. R- 2009 -83, A RESOLUTION authorizing and directing the City Manager to execute an option with the owners of the property at 3"'-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. 5 JUNE 2, 2009 *13. Consideration of a Resolution authorizing the City of Yakima Transit Division to purchase five buses utilizing the Central Florida Regional Transportation Authority d/b /a LYNX Bid No. 09-005 RESOLUTION NO. R- 2009 -84, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute the Assignment to Purchase Transit Buses From Gillig, LLC, through LYNX Contract 09 -005. *14. Set Date of Public Hearing for June 16, 2009, regarding periodic public review of the City of Yakima Cable Television Franchise Ordinance June 16, 2009 was set as the date of a public hearing to consider a periodic review of the City of Yakima Cable Television Franchise Ordinance. *15. Set Date of "Closed Record" Public Hearing for June 16, 2009, to consider the Hearing Examiner's recommendation on a rezone request by John and Patricia Tate and an, "Open Record" public hearing on the proposed Development Agreement for property located at 420 South 32 "d Avenue June 16, 2009 was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation on a rezone request located at 420 South 32 "d Avenue. *16. Set Date of Closed Record Public Hearing for June 16, 2009, for the Barge /Chestnut neighborhood historic district nomination to the Yakima Register of Historic Places June 16, 2009 was set as the date of closed record public hearing for the Barge /Chestnut neighborhood historic district nomination to the Yakima Register of Historic Places ORDINANCES 17. Consideration of an Ordinance amending the Yakima Municipal Code relating to indecent exposure Cynthia Martinez, Assistant City Attorney, proposed amendments to the current indecent exposure ordinance and reported that, although we cannot regulate clothing choice, the U.S. Supreme Court and the Washington Supreme Court recognizes governmental entities and allows them to regulate nudity and indecent exposure. She clarified that the proposed amendments are mainly definitions. MAYOR EDLER MOVED AND LOVER SECONDED TO APPROVE THE ORDINANCE: The motion carried by a 5-2 roll call vote; Coffey and Ensey voting no. ORDINANCE NO. 2009 -22, AN ORDINANCE an ordinance relating to Public Safety; amending section 6.55.010 of the City of Yakima Municipal Code by adding a definition for Breast, Buttocks, Public place, and Public place provided or set aside for nudity; amending section 6.55.020 of the City of Yakima Municipal Code by prohibiting the exposure of certain body parts, allowing a person who facilitates the exposure to also be criminally charged and providing other clarifying language for 0 JUNE 2, 2009 the offense of. Indecent.Exposure; and adding a new section 6.55.240 providing a severability clause for Chapter 6.55 of the City of Yakima Municipal Code. *18. Consideration of legislation regarding the Public Facilities District- Capitol Theatre Fund: A. Ordinance creating the Public Facilities District - Capitol Theatre Fund ORDINANCE NO. 2009 -23, AN ORDINANCE relating to funds and accounts; creating a Public Facilities District-Capitol Theatre Fund; designating the sources of revenue and permissible expenditures from such fund; and enacting Chapter 3.119 "Public Facilities District - Capitol Theatre Fund" as a new Chapter and Sections 3.119:010, 3.119.020 and 3.119.030 as new sections of the City of Yakima Municipal Code. B. First reading of an Ordinance amending the 2009 budget and transferring appropriations from the Public Facilities District Fund to the Public f=irst reading of an Ordinance amending the 2009 budget and transferring Facilities District - Capitol Theatre Fund for debt service and other costs related to the expansion of the Capitol Theatre An Ordinance amending the 2009 budget and appropriating funds for costs related to the expansion of the Capitol Theatre, was read by title only, and laid on the table until June 16, 2009 for a second reading. *19. Consideration of an amendment to Sections 11.04.030, Schedule of Fees and Building Valuation —Table 1* relating to permit fees ORDINANCE NO. 2009 -24, AN ORDINANCE amending Yakima Municipal Code Sections 11.04.030 "Schedule of Fees and Building Valuation – Table 1 20. Other Business - Determine voting representatives for the AWC annual meeting Voting delegates have the opportunity to participate in the voting for legislative priorities for the coming. year. Council agreed to appoint the three Council members attending the annual meeting as voting delegates: Mayor Edler, and Council Members Coffey and Adkison. 21. Adjournment CAWLEY MOVED AND COFFEY SECONDED TO ADJOURN TO JUNE 9, 2009 AT 8:0® A.M FORA STUDY SESSION REGARDING STORMWA TER IN THE COUNCIL CLAMBERS The motion carried by unanimous voice vote. The meeting adjourned at 8:39 p.m. rA JUNE 2, 2009 READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERIC 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 L