HomeMy WebLinkAbout04/07/2009 04A Draft Minutes 03-24-2009 Business Meeting•
YAKIMA CITY COUNCIL
BUSINESS MEETING
MARCH 24, 2009
COUNCIL CHAMBERS — YAKIMA CITY HALL
5:00 P.M..— EXECUTIVE SESSION
1. Roll Call
Y- -*A
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.
1. Roll Call
6:00 P.M. — PUBLIC MEETING
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
Mayor Edler. introduced Josina Bickel, a junior at East Valley High School, who is
job shadowing the mayor.
•
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.
- 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
2
MARCH 24, 2009
® Council Neighborhood Development Committee —January 14, 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 27h.
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 0 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.
MARCH 24, 2009
7:00 PM — PUBLIC HEARINGS
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 3`d 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.
• Mayor Edler opened the public hearing.
Dale Mamey 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. 2008 -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
•
MARCH 24, 2009
7. Final Public Hearing on the 2008 Consolidated Annual Performance Evaluation
Report (CDBGJHOME)
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 lots 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.
Lary 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 modem 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 forpeople 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
Attomey 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
9.
MARCH 24, 2009
u e community the revisions n
Discussion centered on the need to educate th commu ty on evisio and o
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 lots 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 TINE. Mayor Edlet 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 Ci ty 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
Consideration of a Resolution authorizing a contract Frith 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.
N.
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`d 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 entrancelexit 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 -481 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
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`d 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.
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 32nd 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 carved 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.
iO
MARCH 24, 2009
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
C�
10