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Home My WebLink About11/18/2008 04A Draft Minutes 10-21-2008 Business MeetingYAKIMA CITY COUNCIL BUSINESS MEETING OCTOBER 21, 2008 — 6:00 P.M. COUNCIL CHAMBERS — YAKIMA CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil McClure Staff: City Manager Zais, Acting City Attorney Cutter, and City Clerk Moore 2. Invocation /Pledge of Allegiance — Assistant Mayor Micah Cawley 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. Special presentations / recognitions - None C. Status report on prior meeting's citizen service requests - None D. Appointments to Boards and Commissions - None • 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. Items No. 10, 18, and 19 were added to the consent agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND JOHNSON 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 • September 30 and October 14, 2008 Adjourned meetings • October 7, 2008 Business meeting The minutes of the September 30 and October 14, 2008 Adjourned meetings and the October 7, 2008 Business 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 1. Public Safety Committee —July 2 and October 1, 2008 2. Council Economic Development Committee — October 1, 2008 3. Neighborhood Development Committee — October 8, 2008 4. Budget Committee — October 9, 2008 • Council Committee Meeting minutes were approved. OCTOBER 21, 2008 5. Audience Participation • No one came forward to speak. 7:00 PM — PUBLIC HEARINGS 6. Closed Record Public Meeting and consideration of a Resolution regarding the final plat of Marvin Gardens submitted by Opportunities Industrialization Center of Washington and Yakima Valley Partners Habitat for Humanity and granting an extension of the deadline for approving the final plat Bruce Benson, Acting Planning Manager, reviewed the final plat of Marvin Gardens that had received preliminary approval by the Council in January 2005. Under our current subdivision code, a final plat needs to come before Council within three years. This plat has exceeded that time frame. Under state law, plats are allowed to be reviewed for a period of five years. The Legal Department has prepared a resolution that would 1) extend the period of time so the action would be within compliance of our code and, 2) authorize the mayor to sign. Mayor Edler opened and closed the public hearing with no one coming forward to comment. The City Clerk read the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2008 -146, A RESOLUTION approving the final plat of Marvin Gardens and granting an extension of the three -year final plat review period to provide City Council the time necessary for consideration of the final plat review for this twenty -lot subdivision located in the vicinity of 3000 — 3100 Hathaway Avenue and authorizing the Mayor to sign the final plat; Opportunities Industrialization Center of Washington (OIC) and Habitat for Humanity, a Washington Nonprofit Corporation are the applicants herein. Yakima AveRue filed by Purella DeGFasse West Red Yakima Ave Rue CITY MANAGER'S REPORTS 8. Presentation of the 2009 Preliminary Budget Forecast Report and Set Date of Public Hearings for November 18, 2008 at 7:00 p.m. for: A. 2009 Ad Valorem Tax B. 2009 Proposed Budget City Manager Zais gave a description of the proposed 2009 budget. It is balanced within existing resources, maintains the critical and essential services and invests in the future, especially in the area of capital projects. We have been able to obtain approximately $35 million in grants. The total budget for capital and general government is slightly under $200 million. The tax - supported general portion is 2 OCTOBER 21, 2008 • approximately $61 million and is based on Council priorities. Our past discipline has been not to exceed more than 5% reliance on reserves. The last two years, we've reduced that to no more than 4% and in the proposed 2009 budget that reliance on reserves is about 3.5% with a goal to actually break even between revenues and expenses. There are no layoffs in the budget but caution is taken on how positions are filled. There are no new taxes projected, but there is a continued reliance on the growth of.existing taxes as well as the proposed 1 % increase in the 2009 property tax in accordance with state law allowance. We do know that the 1% property tax limit does not allow us to keep pace with our mandates and fixed price increases. CAWLEY MOVED AND McCLURE SECONDED TO SET NOVEMBER 18, 2008 AS THE DATE OF PUBLIC HEARINGS TO CONSIDER THE 2009 AD VALOREM TAX AND THE 2009 PROPOSED BUDGET. The motion carried by unanimous voice vote. 9. Consideration of a Motion indicating willingness to place the Aquatic Center Public Facilities District (PFD) funding mechanism before the voters at a future date Chris Waarvick, Director of Public Works, summarized the statistics on the size, plans, and financial aspects of the proposed Aquatics Center as defined by the. consultant. At the October 4th City Council meeting, staff was directed to bring back an item asking "Is the Yakima City Council willing to place before the voters, at an appropriate time in the future, a PFD 0.1 % sales tax increment allowed by state law • for the purposes of funding the construction of a regional aquatics center ?" The PFD financing is an approximate $2.2 million bond, 25 -year at 5.2 %. The opinion expressed at the study session was that we need to hear from our funding partners in Selah and Union Gap whether they are willing to consider placing this matter in front of their citizens and this Council also needs to make that decision. CAWLEY MOVED AND COFFEY SECONDED TO APPROVE THE INTENT TO PLACE THIS ITEM ON THE BALLOT AT THE APPROPRIATE TIME. During discussion it was clarified that this motion is only to confirm whether the Council is willing to put the issue before the voters and whether our partners are also willing to do the same. LOVER MOVED TO AMEND THE MOTION TO CHANGE THE STEP SEQUENCE SO THE VOTE OF THE CITIZENS COMES BEFORE ANYTHING FURTHER BEING DONE ON SITE LOCATION OR STUDIES. The motion died for lack of a second. Council Member Cawley talked about the original motion and that the attached letter.is a draft that only needs to ask the Cities of Union Gap and Selah if they agree with the intent of the Yakima City Council. The processes will be worked out at a later date. The original motion carried by a 5 -2 roll call vote; Ensey and Lover voting nay. "10. Consideration of Resolution authorizing execution of a professional services and site use agreement with the Yakima Police Athletic League RESOLUTION NO. R- 2008 =147, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Site Use Contract for-the operation, management, and maintenance of the Miller Park Activity Center with the Yakima Police Athletic • League, a Washington non - profit corporation (hereinafter the "YPAL ") which offers programs and services to benefit youth and their families. 3 OCTOBER 21, 2008 *11. Consideration of a Resolution authorizing execution of a Construction Management Agreement with Olympic Associates Company, not to exceed $195,000, for construction management services for improvements to the Capitol Theatre RESOLUTION NO. R- 2008 -148, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a construction management agreement with Olympic Associates Company to provide construction management services for improvements to the Capitol Theatre. *12. Consideration of a Resolution ratifying acceptance of federal funding in the amount of $335,381 from the Department of Justice and authorizing execution of an agreement with the Bureau of Justice Assistance for a crime prevention /intervention program RESOLUTION NO. R- 2008 -149, A RESOLUTION ratifying acceptance of federal funding in the amount of $335,381.00 from the United States Department of Justice, Bureau of Justice Assistance, for a three -year crime suppression and prevention project titled "Second Chance Yakima ", and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all necessary documents and contracts as may be necessary and prudent to complete transactions associated with the grant. *13. Consideration of a Resolution authorizing execution of an Intergovernmental Cooperative Purchasing Agreement with the Roza Irrigation District in Sunnyside, Washington RESOLUTION NO. R- 2008 -150, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Roza Irrigation District *14. Consideration of a Resolution initiating right -of -way vacation proceedings in the vicinity of 207 East "S" Street and setting a date of public hearing before the Hearing Examiner for December 11, 2008 RESOLUTION NO. R- 2008 -151, A RESOLUTION fixing December 11, 2008 as the date for a public hearing before the Hearing Examiner. This hearing concerns a petition to vacate all that portion of the 13 -foot right -of -way lying westerly of Lot 7, Block 3, of Hines Subdivision; and all that portion of East "S" Street lying northerly of Lots 5 and 6, Block 6, and southerly of Lots 7 and 8, Block 3, and extended west to the west boundary of Hines Subdivision, as recorded in Volume "B" of Plats, Page 32, Records of Yakima County, Washington *15. Consideration of a Resolution approving the preliminary plat of Applebrook located in the vicinity of South 76th Avenue and West Coolidge Road RESOLUTION NO. R- 2008 -152, A RESOLUTION granting conditional preliminary plat approval for the Preliminary Plat of Applebrook, a thirty -one lot subdivision for property located in the vicinity of S. 76th Avenue and W. Coolidge Road • OCTOBER 21, 2008 • *16. Consideration of a Resolution authorizing execution of a renewal agreement with Yakima School District No. 7 (YV -TECH) to provide firefighting educational services for the 2008 -2009 school year as part of the Fire Cadet Program: RESOLUTION NO. R- 2008 -153, A RESOLUTION authorizing the City Manager's execution of a renewal agreement between the City of Yakima and Yakima School District No. 7 whereby the City agrees to provide firefighting educational services for the 2008 -2009 school year as part of the Fire Cadet Program. *17. Re -set date of public meeting for November 4, 2008 to consider final plat approval for Sierra Vista subdivision located in the vicinity of South 93rd Avenue and West Walnut Avenue November 4, 2008 was set as the date of public meeting to consider final plat approval for Sierra Vista subdivision. ORDINANCES. *18. Consideration of an Ordinance amending Chapter 11.04 of the Yakima Municipal Code to create a new section 11.04.060 establishing procedures and fees for reviewing a "Master Plan" residential building permit application ORDINANCE NO. 2008-47, AN ORDINANCE of the City_ of Yakima, Washington • relating to building codes and related regulation; adding new section 11.04.060 to Chapter 11.04 of the Yakima Municipal Code that defines the term "Master Plan'; clarifies its application to single - family, duplex, townhouse and multi - family construction; specifies the calculation of fees and the duration of master plans; and, provides requirements for the validity of the plans. *19. Consideration of an Ordinance amending Chapter 7.90 of the Yakima Municipal Code to "Transit "; revising the schedule of fares for the City's public transportation system; and adding section 7.90.020 to the Yakima Municipal Code ORDINANCE NO. 2008 -48, AN ORDINANCE relating to public transportation, amending the title of Chapter 7.90 of the Yakima Municipal Code.to "Transit "; revising the schedule of fares for the City of Yakima's public transportation system known as Yakima Transit, said fares previously having been set by Resolution; and adding section 7.90.020 to the Yakima Municipal Code. *20. Consideration of an Ordinance amending the Yakima Municipal Code, Chapter 6.11 pertaining to criminal street gangs by adding the language of Sections 6.11.080 entitled Juvenile Offenders and 6.11.120 entitled Severability ORDINANCE NO. 2008 -49, AN ORDINANCE relating to Public Safety and Morals; amending chapter 6.11 of the City of Yakima Municipal Code pertaining to Criminal Street Gangs by adding the language of sections 6.11.080 entitled Juvenile Offenders and 6.11.120 entitled Severability. 5 OCTOBER 21, 2008 *21. Second Reading of an Ordinance amending the 2008 budget in various funds • for expenditures supported by grants, fees and assessments A. Police Grants 1. Legends Casino grant 2. WASPC traffic safety grant 3. Yakima County program for tasers and training 4. Washington Traffic Safety Commission B. Parks and Recreation Fund 1. Harman Senior Center tour program 2. Aquatics programs C. Downtown Yakima Business Improvement District Fund D. Tourism Promotion Area (TPA) Fund ORDINANCE NO. 2008 -50, AN ORDINANCE amending the 2008 budget for the City of Yakima; and making appropriations in Various Funds for Expenditures Supported by Additional Revenue Received from Grants, Fees and Assessments. 22. Other Business *A. Consideration of a Resolution authorizing adoption of a policy regarding temporary emergency cold weather shelters in the City of Yakima to be valid November and December 2008, and January, February and March 2009 RESOLUTION NO. R- 2008 -154, A RESOLUTION of the City of Yakima, Washington, authorizing and directing the City of Yakima Department of Community and Economic Development to identify and implement a policy regarding temporary emergency cold weather shelters in the City of Yakima, and providing that such policy shall be valid only during November, December 2008, and January, February and March, 2009. B. Status report on Council Strategic Priorities survey Randy Beehler, Community Relations Manager, commented that recently the Council Budget Committee asked the Council members to rank the current strategic priorities and that a community survey be done. He distributed updated numbers on those priorities from the community survey. He described the analysis that was done on the survey results. The results show a fairly wide range of opinion among Council members as well as among the 71 respondents to the community survey, yet the spread between'the top and bottom priorities is just over 2 points. Demographics show that most of the respondents were white males between the age of 30 -55, some college, and a Yakima resident for more than 25 years. The survey is not very conclusive. This data is just one piece of what the Council Budget Committee should consider as it continues its work. He urged Council to encourage neighbors, friends, and business associates to fill out the on -line survey. Assistant Mayor Cawley and Council Member Coffey gave an update on the Budget Committee's desire for a response from the community on their ideas of what the City's service priorities should be. Based on this input, the committee will develop a contingency budget for future consideration. This process will continue until approximately June of 2009 when the 2010 budget process will begin and the committee can see how each department's items fall within the City's priorities. Mr. Beehler advised that part of the performance audit process is a statistically valid OCTOBER 21, 2008 • random survey that includes a ranking of city services. Council Member Coffey further explained that the point to the exercise is, if in the future we have to decrease the budget, we will know where the priorities are of both the community and the Council. Bill Cook, Director of Community and Economic Development referred to Item 18, which was on consent. With regard to the master plan fee structure for multi - family projects, he asked to add the words "...if located on a pre - approved site plan." If those words are not included, there will be considerably more cost to the City to review those plans. Assistant City Attorney Cutter advised the Council that they had already approved the legislation by consent, therefore it would be appropriate to submit a motion to amend to add the language suggested. CAWLEY MOVED AND JOHNSON SECONDED TO AMEND ITEM 18, SUBSECTION C, TO INCLUDE THE WORDS "..IF LOCATED ON A PRE APPROVED SITE PLAN." The motion carried by unanimous roll call vote. Karl Pasten, owner of the Depot Restaurant on Front Street, stated that frequently drivers run into the half -moon island in front of his restaurant. Since the holidays are approaching, he suggested a temporary solution would be to set up a large Christmas tree on the island until a permanent solution could be made. He was willing to supply the power for it and questioned Council as to where he could obtain a tree. He recommended that after the holidays a sign be posted there that connotes what the historic district is about. Council concurred with the idea. Council Member Coffey suggested putting out a request for anyone that wants a tree taken • out of their yard to call the Community and Economic Development Department. It was also committed that once a tree was found the City would help set it up. �J 23. Adjournment JOHNSON MOVED AND CAWLEY SECONDED TO ADJOURN TO OCTOBER 28 2008 AT 8:00 A.M. IN CITY COUNCIL CHAMBERS FOR A STUDY SESSION REGARDING THE YAKIMA GRAFFITI PROGRAM ABATEMENT AND ENFORCEMENT ACTIVITIES. The motion carried by unanimous voice vote. The meeting adjourned at 7:23 p.m. READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE ATTEST: CITY CLERK 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. 7