HomeMy WebLinkAbout07/19/2011 Business Meeting 45
YAKIMA CITY COUNCIL
JULY 19, 2011
COUNCIL CHAMBERS, YAKIMA CITY HALL
5:00 P.M. — EXECUTIVE SESSION
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council
Members Maureen Adkison, Dave Edler, Dave Ettl and Bill Lover
Absent: Rick Ensey (Excused)
2. Executive Session (allow 1 hour)
• To evaluate the qualifications of an applicant for public employment
Executive Session was held and adjourned at 5:56 p.m.
6:00 P.M. — BUSINESS MEETING
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council
Members Maureen Adkison, Dave Edler, Dave Ettl and Bill Lover
Staff: City Manager Morales, City Attorney Cutter and City Clerk Kloster
Absent: Rick Ensey (Excused)
2. Pledge of Allegiance
Mayor Micah Cawley led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations -- None
B. Presentations /recognitions /introductions
• Flag presentation by Veterans of Foreign Wars Honor Guard.
Representatives from the Veterans of Foreign Wars Honor Guard presented
the City Council with a POW /MIA flag. The flag was designed as a symbol of
citizens concerned about the United States military personnel taken as
Prisoners of War (POW's) or listed as Missing in Action (MIA).
• Recognition of retiring Assistant Planner Alice Klein
Acting Community and Development Director Joan Davenport commended
and recognized Alice Klein for her 22 years of service to the City of Yakima.
She received a service plaque and a retirement watch.
C. Status reports on prior meeting's citizen service requests
• Response to Lynne Kittelson regarding Downtown Transit Center
Director of Public Works Chris Waarvick stated they are working with their
customers as best they can; however, the report may not satisfy the
concerned customers. Additionally, most of the city's transit buses already
have cameras on their buses.
D. Appointments to Boards, Commissions and Council Committees -- None
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4. Consent Agenda
Mayor Cawley 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 17 and 19 A, B and D were added to the consent agenda. The
City Clerk read the Consent Agenda items, including resolutions and ordinances by
title. MOVED BY COFFEY AND SECONDED BY ADKISON TO ADOPT THE
CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote —
Ensey absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items
on the Consent Agenda handled under one motion without further discussion.)
*A. Consideration of approval of City Council Meeting Minutes
• Business Meeting – May 17, 2011
The minutes of the May 17, 2011 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
• Transit/Transportation Planning Committee – June 16, 2011
The Council committee meeting minutes were approved.
5. Audience Participation
Jerod Riley, 27 S. 4th Street, related his,concerns about parking permits and the
parking problems disabled residents at Chestnut Manor were experiencing due to
Capitol Theatre events. He also noted the stripes for parking spaces at that site
have not been painted yet.
Mike Hunnel said the City is being cheated out of revenue since the parking
enforcement officer is not charging violators the full penalty for parking in
handicapped spaces. He disparaged the officer's job performance and judgment.
He thinks if the full fine amount were charged, it would deter people from violating
the parking laws. Mr. Hunnel commented on code violations he believes exist at
Albertsons and K -Mart. He also requested that the cameras at intersections be used
to monitor red light violations and record accidents. He requested a meeting with
Council Member Ettl to discuss his concerns.
Lynn Kittelson cornmended the recent Hispanic Civic League event noting that no
City officials attended. She recommended that Council review the report from the
Hispanic Commission. She stated the response to her concerns about the
Downtown Transit Center was unsatisfactory.
Interim City Manager Morales stated he did not appreciate Mr. Hunnel's attack on
the City's law enforcement officers, and recommended that Council require. Mr.
Hunnel to submit a written apology to the officers before he is allowed to speak at
another council meeting. Council Member Lover agreed and said attacks on staff's
integrity, knowledge and abilities should not be tolerated as Mr. Hunnel is not
qualified to make those judgments. Mayor Cawley advised he will join Council
Member Ettl when he meets with Mr. Hunnel.
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7:00 P.M. — PUBLIC HEARINGS
6. Public hearing to consider an amendment to the 2011 CDBG Annual Action
Plan to include $1,800,000 of Section 108 loan funding for economic
development and infrastructure and setting date of final public meeting for
August 2, 2011
City Manager Michael Morales explained the parameters with HUD in order to maximize
eligibility to use section 108 funds. The City is submitting an application to maximize our
borrowing capacity before HUD's 2011 budget cuts take effect, which will reduce our
borrowing capacity by $1 million. Council Member Lover requested the Council
Neighborhood Development Committee look at which contracts need to be cut or reduced
to accommodate the budget. The discussion of CDBG cuts will be discussed at the next
Neighborhood Development Committee meeting.
Mayor Cawley opened the public hearing with no one coming forward to speak. CAWLEY
MOVED AND EDLER SECONDED TO SETA FINAL PUBLIC MEETING FOR AUGUST
2, 2011. The motion carried by unanimous roll call vote; Ensey absent.
7. Cancel July 19, 2011 as the date of first public hearing (now scheduled for
8/2/11) to consider amendments to the 2011 Annual Action Plan regarding the
reduction of CDBG and HOME program funding, and set date of final public
hearing for August 16, 2011
By consensus, Council agreed to cancel the first public hearing for July 19 (now
scheduled for August 16).
MOVED BY CAWLEY SECONDED BY EDLER TO SET THE DATE OF THE FINAL
PUBLIC HEARING FOR AUGUST 16, 2011. The motion carried by unanimous roll
call vote; Ensey absent.
CITY MANAGER REPORTS
8. Report regarding street maintenance options for the Council Transit and
Transportation Committee (including supplemental information from Council
Member Edler)
Director of Public Works Chris Waarvick reviewed the materials with Council. They
have discussed traditional street bonds before with the last one approved in the Tate
1980's. There were two street bond issues in the mid -90's which did not pass.
Some additional options are a Council voted in lieu of tax on utilities. There are
other cities that have implemented the car tab fee. He estimates that fee would
generate approximately $1 million annually.
Streets and Traffic Operations Manager Joe Rosenlund reviewed a chart on
pavement management concepts and the preventative maintenance approach.
Mayor Cawley questioned the chip seal programs effectiveness. Mr. Rosenlund
described the chip seal process and benefits provided by the program.
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Council Member Edler presented his options for street maintenance. He reminded
the Council that they declared this was a priority 19 months ago and they have not
done anything about it. He thinks City staff is recommending a voter approved
street bond as they believe it is the only option that Council would approve. He
thinks under the current revenue streams, the Priority of Government (POG) is an
option. These options would include: allocating a percentage from all categories;
drawing funding entirely from the Parks budget; and negotiating concessions with
labor regarding benefits and compensation.
He believes the street bond answers the wrong question. The streets have
deteriorated and reed fixing yet there is no money to maintain them after they are
fixed. He proposed a $20 vehicle licensing fee, which is councilmanic. Another
option is an in lieu of tax on public utilities, as this is also councilmanic. His last
option is a combination of a vehicle license fee and in lieu of tax on public utilities.
His suggestion is to hold a public hearing, making it apparent that the Council is
considering a councilmanic in lieu of tax and a license tab fee. Other Council
members suggested scheduling a study session for further discussion.
Public Works Director Chris Waarvick reported the Transportation Benefit District
(TBD) option begins the process but there are requirements under the RCW which
require multiple steps. EDLER MOVED AND COFFEY SECONDED TO SET A
DATE FOR A STUDY SESSION TO DISCUSS THE PROCESS OF
ESTABLISHING A TBD OR VEHICLE LICENSE FEE ALONG WITH AN IN LIEU
OF TAX. City Manager Morales asked if they wanted to amend the motion to
include discussion of a property tax bond. MOVED BY EDLER SECONDED BY
COFFEY TO AMEND THE MOTION TO ADD DISCUSSION OF A PROPERTY TAX
BOND TO THE LIST OF ITEMS TO DISCUSS. The amending motion carried by
unanimous roll call vote; Ensey absent.
*9. Consideration of a Resolution accepting the proposed 2012 YAKCORPS
budget and authorizing the City of Yakima's portion
RESOLUTION NO. R- 2011 -116, A RESOLUTION approving the YAKCORPS 2012
Proposed Budget and authorizing the inclusion of the City of Yakima's prorated
assessment of the Consortium's budget in the City's 2012 Adopted Budget.
*10. Consideration of a Resolution authorizing execution of an Interlocal
Agreement (ILA) with Yakima County regarding the development of
improvements knows as the East -West Corridor /Cascade Mill District
Redevelopment project
RESOLUTION NO. R- 2011 -117, A RESOLUTION authorizing the City Manager to
execute an Interlocal Agreement (ILA) between the City of Yakima and Yakima
County regarding the development of improvements known as the East — West
Corridor /Cascade Mill District Redevelopment project.
*11. 2011 Second Quarter Capital Improvement Projects report
The report was accepted.
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•
• *12 Consideration of Resolutions authorizing agreement modifications with
Yakima County through the Office of Aging and Long Term Care (ALTC) for:
A. 2011 City of Yakima Day Break Adult Care and Respite Services Program at
the Harman Center
RESOLUTION NO. R- 2011 -118, A RESOLUTION authorizing the City Manager to
execute Modification No. 1 and subsequent amendments or modifications thereto, to
the 2011 City of Yakima Adult Day Care & Respite Agreement with Yakima County,
through the Office of Aging and Long Term Care (ALTC), for the Adult Day Care and
Respite Services program at the Harman Center •
B. 2011 Geriatric Preventative Foot Care Services Program
• RESOLUTION NO. R- 2011 -119, A RESOLUTION authorizing the City Manager to
execute Modification No. 1, and subsequent amendments or modifications thereto, to
the 2011 Foot Care Performance Agreement with Yakima County, through the Office
of Aging and Long Term Care, reflecting revised unit rates and costs and extending
the contract period to December 31, 2011, for the delivery of Geriatric Preventative •
Foot Care Services Program at the Harman "Center
*13. Consideration of a Resolution authorizing execution of an agreement with
Pharmer Engineering for design and construction services at the Wastewater
Treatment Facility for boiler replacement and biogas system improvements
RESOLUTION NO. R -2011 -120, A RESOLUTION authorizing the City Manager to
execute an Agreement with Pharmer Engineering and City of Yakima for Design and
Construction Services at the Wastewater Treatment Facility for Boiler Replacement
and Biogas System Improvements.
•
*14. Final Contract Payment for Tri- Valley Construction for 2010 Mass Transit
Facility improvements (Standard Motion V -B — accept the project and approve
the final payment)
The report from the City Engineer, dated June 21, 2011, with respect to the
completion of the work on the 2010 Mass Transit Facility Improvements, performed
by Tri - Valley Construction was approved, the work accepted and payment of the final
estimates as therein set forth was authorized.
*15. Set date of public meeting for August 16, 2011 to consider final plat approval
for Apple Blossom Phase VII subdivision
August 16, 2011 was set as the date of a public meeting to consider final plat
approval for Apple Blossom Phase VII subdivision.
• ORDINANCES
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July 19, 2011
16. Consideration of an Ordinance creating the Yakima Revenue Development
Area Capital Fund
• Interim City Manager Morales reported this is a housekeeping measure that
establishes a mechanism to use funds when they are available. In response to
Council Member Lover's question regarding the amount, Mr. Morales reported it is
$627,000 for a 12 -month period, but is only eligible to use within this site. Deputy
Director of Accounting and Budgeting Epperson informed Council there are match
requirements the City would need to meet. The City Clerk read the ordinance by title.
MOVED BY EDLER SECONDED BY COFFEY TO PASS THE ORDINANCE.
Motion carried by unanimous roll call vote; Ensey absent.
ORDINANCE NO. 2011 - 31, AN ORDINANCE relating to funds and accounts;
creating Yakima Revenue Development Area (YRDA) Fund; designating the sources
of revenue and permissible expenditures from such fund; and enacting Chapter
3.121 "Yakima Revenue Development Area (YRDA) Fund" as a new Chapter and
Sections 3.121.010, 3.121.020 and 3.121.030 as new sections of the City of Yakima
Municipal Code..
• *17. Consideration of an Ordinance authorizing issuance of water and wastewater
revenue bonds in the principal sum not to exceed $6,000,000 to finance certain
capital improvements to the City's water and wastewater systems
ORDINANCE NO. 2011 -32, AN ORDINANCE of the City of Yakima,
Washington, authorizing the issuance and sale of water and sewer revenue
bonds of the City in the principal amount of not to exceed $6,000,000 in one
or more series to finance certain capital improvements to the City's water and
sewer system, to fund the Reserve Fund Requirement and to pay costs of
issuance of such bonds; and delegating authority to a finance officer of the
City, the Director of Finance and Technology, to approve the final terms of
the bonds.
18. Consideration of an Ordinance enacting Yakima Municipal Code 6.08.210
added as a new section and adopting by reference RCW 69.51A.060(1) as
currently enacted to address the use or display of medical marijuana in a
manner or place open to public view
Legal Department intern Holman explained the ordinance amends the code by
adding a new section adopting the RCW that takes effect July 22, 2011. He stated
this ordinance will aid police officers in their duties and conforms to state statutes.
The City Clerk read the ordinance by title. COFFEY MOVED AND ADKISON
SECONDED TO PASS THE ORDINANCE. Council Member Lover is concerned
that we are following Seattle's lead. Mr. Cutter responded this is different from what
Seattle recently legislated; this is a change to criminal statutes and not business
regulation. Motion carried by unanimous roll call vote; Ensey absent.
ORDINANCE NO. 2011 - 33, AN ORDINANCE relating to Public Safety and Morals;
enacting The City of Yakima Municipal Code 6.08.210 added as a new section and
adopting by reference RCW 69.51A.060(1) as currently enacted or as hereafter
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July 19, 2011
amended or re- codified from time to time; to address the use or display of medical
marijuana in a manner or place which is open to the view of the general public.
19. Other Business
*A. Consideration of a Resolution authorizing the City Manager to sign and
submit an application for a Public Works Trust Fund Loan for design and
construction of the extension of the City's Industrial Waste Conveyance
System
RESOLUTION NO. R- 2011 -121, A RESOLUTION authorizing the Interim City
Manager to make application for a Public Works Trust Fund Construction Loan
(PWTF) in the amount of $2,000,000 at 0.5% interest for 20 years for the
extension of the industrial waste conveyance system to serve existing and
future industrial customers between SR12 and Fruitvale Blvd.
*B. Renaming Transit/Transportation Committee to Utilities and
Transportation Committee
C. Gang Free Initiative Committee resignation
Mayor Cawley advised that Council Member Ettl has resigned from the GFI and
we need to find a replacement. In the meantime, he will continue to serve on
the County's gang commission and fill in temporarily on the GFI committee.
Council Member Adkison reported they are nearly finished the GFI program as
outlined. The next step is to'hire someone to guide this effort. She believes we
will be in a good position to look for grant opportunities since other cities are just
beginning the process.
*D. Rescheduling the City Council's August 2, 2011 Business Meeting to 2:00
p.m. due to National Night Out activities
Update on City Manager selection process
Mayor Cawley announced there is nothing new to report and suggested
scheduling a special meeting to review the qualifications of applicants for public
employment. CAWLEY MOVED AND COFFEY SECOND TO HAVE A
SPECIAL EXECUTIVE SESSION AT 4 PM. AND A SPECIAL COUNCIL
MEETING AT 5 P.M. ON MONDAY, AUGUST 25, 2011. Motion carried by
unanimous roll call vote; Ensey absent.
City Attorney Cutter indicated, as a result of the state law passed by the legislature
and parts of it vetoed by the governor, there are some significant changes in the
statutes regarding medical marijuana dispensaries. He requested Council to
consider an emergency ordinance initiating a six -month moratorium on establishing
dispensaries and filing development applications. This would allow the time
necessary to study the new laws. If passed, the moratorium would take immediate
effect and continue for six months. In addition, a public hearing would be set for
August 16, 2011.
Mayor Cawley stated this is a declaration of emergency supporting immediately
enacted legislation declaring a moratoriurn. The City Council finds, determines and
concludes that an emergency exists, described as follows:
(a) E2SSB 5073 becomes effective.July 22, 2011
(b) Neither City staff nor the Planning Commission have had sufficient
opportunity to review the effects of such Act or to formulate, prepare and
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recommend appropriate zoning regulations, health and safety
regulations, and business licensing regulations which would deal
specifically with the production, processing, or dispensing of cannabis or
cannabis products, including but not limited to "collective gardens," within
the City of Yakima; and
(c) The immediate imposition of this moratorium will preserve the status quo
to enable the City to further study the effects of such Act and to devise
appropriate zoning and regulatory controls to address the effects of such
legislation.
Clerk Kloster read the ordinance. MOVED BY CAWLEY SECONDED BY EDLER
TO PASS THE ORDINANCE AND SCHEDULE A PUBLIC HEARING FOR
AUGUST 16. Ordinance carried by unanimous roll call vote; Ensey absent.
Assistant Mayor Coffey questioned if it was worthwhile to continue the media
meetings that are held prior to the Council business meetings to review the agenda.
By Council consensus, Community Relations Manager Beehler is directed to poll the
media groups on whether or not to continue the media meetings and report back at
the next Council business meeting.
ORDINANCE NO. 2011 -34, AN ORDINANCE of the City of Yakima, Washington,
adopting a six -month moratorium on the establishment of medical marijuana or
cannabis dispensaries, production facilities, processing facilities, and collective
gardens, with attendant moratorium on the filing and acceptance of development
applications for, and the location of, land uses operating or conducting medical •
marijuana or cannabis dispensary, production, processing, and collective farm
activities; directing development of comprehensive zoning and business regulations
pertaining to medical marijuana or cannabis dispensaries, production facilities,
processing facilities, and collective gardens; providing that the moratorium shall be
in effect for six months, through January 17, 2012; and declaring an emergency
providing for immediate effective date.
20. Adjournment
MOVED BY COFFEY SECONDED BY EDLER TO ADJOURN TO A SPECIAL
EXECUTIVE SESSION AT 4 PM. AND A SPECIAL COUNCIL MEETING AT 5 P.M.
ON MONDAY, AUGUST 25, 2011.. The motion carried by unanimous voice vote;
Ensey absent. The meeting adjourned at 8:07,p:m.
READ AND CERTIFIED ACCURATE BY
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CITY CLERK ,I ! `‘ ‘ „PASH� = MICAH CAWLE , MAYOR
Minutes prepared by Sonya Claar Tee. A CD and DVD of this meeting are available in the City Clerk's Office
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