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HomeMy WebLinkAbout12/11/2012 Business Meeting 329 i ,! ' , +'p•} isi YAKIMA CITY COUNCIL December 11, 2012 Council Chambers 6 p.m. Business meeting; 7 p.m. Public Hearing MINUTES H. Back .! "' Print ;'-- -.=: ;. ;H:'i;- ; ;; :' i , ; ,,<m ......:. • f V '- n : ;77717 ma: ::= m . ./ *; ,'r7A:ii7:"' v BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and BiII Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations i. Homeless Persons' Memorial Day Mayor Cawley proclaimed December 21 as Homeless Persons' Memorial Day. Rhonda Hauff accepted and thanked Council for the proclamation and encouraged the community to attend their 8th Annual Event on December 21 at 5:00 p.m. at the Millennium Plaza for a lighting ceremony. B. Appointments to Boards, Commissions and Council Committees i. Reappointment of Wanda Riel of the Holiday Inn, Penny Baker of the Oxford Suites • and Connie Webb with Comfort Suites to the Hotel Motel /Tourist Promotion Area (TPA) Commission. Council Member Bristol confirmed the Nominating Committee recommends these appointments. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Approved 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. Item 4F, Resolution authorizing Second Amendment to the Block by Block Agreement for Professional and Ambassador Services in the Downtown Yakima Business Improvement District (DYBID) was removed from the consent agenda. The following items were added to the consent agenda. ! Page 1 of 9 330 10. Resolution authorizing Amendment to the Site Use Contract with the Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage and maintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008 -117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family Development Center 11. Resolution authorizing Agreements between the City of Yakima and the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center • 12. Resolution authorizing a Contract with Magallan Consultancy for Gang Free Initiative Coordination Services 13. Resolution authorizing an agreement with Jim Justin Government Relations Consulting for state legislative and administrative advocacy services. 14. Resolution authorizing a Professional Services Agreement with Ridolfi Inc., for Engineering Services in an amount not to exceed $710,000 for evaluation and design of Phase II of the Effluent Pipeline Relocation and Discharge Channel Project at the City's Wastewater Treatment Plant (WWTP). The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion — see motion directly below.) Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . A. Consideration of approval of City Council Meeting Minutes i. City Council minutes of September 18, 2012 Adjourned City Council Business meetings and of September 15, 2012 Adjourned City Council Study Sessions. The minutes of the September 18, 2012 Business meeting and September 25, 2012 Adjourned 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 i. Boards & Commission Nominating Committee minutes of November 30, 2012 The minutes were approved. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor • Maureen Adkison. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . C. Final Contract Payment for MBI Construction Services, Inc. - Project 199 City Facilities HVAC Upgrade (Standard Motion-V -B - Accept the project and approve the final payment) The report from the City Engineer, dated November 16, 2012, with respect to the completion of the work on the City Facilities HVAC Upgrade, performed by MBI Construction Services, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. D. Resolution authorizing a Development Agreement with Wayne Clasen and Apple Land Investments, LLC Page 2 of 9 • • 331 RESOLUTION NO. R- 2012 -155, . A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Wayne Clasen and Apple Land Investments, LLC (hereinafter "Property Owner "), to implement a Property Use and Development Agreement (hereinafter "Agreement "). E. Resolution authorizing Fourth Amendment to 911 Support Services Agreement RESOLUTION NO. R- 2012 -156, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Fourth Amendment to the "911 Support Services Agreement" with Yakima County for the provision of 911 services that extends the term of the Agreement to December 31, 2013. F. Resolution authorizing an interlocal agreement with the City of Selah for Jail Services • RESOLUTION NO. R- 2012 -157, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Selah to allow the City of Yakima to house prisoners of the City of Selah at the Yakima City Jail. G. Resolution authorizing an agreement with the Yakima National Little League Association for baseball field maintenance and concession stand operation at Elks Park Athletic Complex RESOLUTION NO. R- 2012 -158, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima National Little League Association regarding the Elks Park Athletic Complex. H. Second reading of an Ordinance amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 to provide for increases in the fuel costs, and an additional contribution to Tahoma Cemetery operations. ORDINANCE NO. 2012 -54, AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 to provide for increases in the cost of fuel, and an additional contribution to Tahoma Cemetery operations. I. Ordinance amending Section 1.46.026 of the YMC relating to City Council Committee and Commissions to amend residency requirements for members of the City of Yakima Planning Commission. ORDINANCE NO. 2012 -55, AN ORDINANCE relating to City Council Committees and Commissions, amending the residency requirements for the City of Yakima Planning Commission members to allow non - residents of the City that own and /or operate businesses and properties that are located within the City to be members of the Commission; and specifically amending Section 1.46.026 of the Yakima Municipal Code. J. Ordinance granting a telecommunications system franchise to Zayo Group, LLC. ORDINANCE NO. 2012 -56, AN ORDINANCE granting a non - exclusive franchise to Zayo Group, LLC ( "Zayo ") to construct, operate and maintain a Telecommunications System, with all necessary facilities, within the City of Yakima, Washington (the "City "); setting forth provisions, terms and conditions accompanying the grant of this Franchise; providing for City regulation of construction, operation, maintenance and use of the Telecommunications System; prescribing penalties for the violations of its provisions; and setting an effective date. K. Resolution authorizing Amendment to the Site Use Contract with the Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage and maintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008 -117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family Development Center • Page 3 of 9 332 RESOLUTION NO. R- 2012 -159, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Amendment to the Site Use Contract between the City of Yakima and Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage and maintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008 -117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family Development Center. L. Resolution authorizing Agreements between the City of Yakima and the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. RESOLUTION NO. R- 2012 -160, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Agreements with the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and /or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. M. Resolution authorizing a Contract with Magallan Consultancy for Gang Free Initiative Coordination Services RESOLUTION NO. R- 2012 -161, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Agreement Between the City of Yakima and Magallan Consultancy to extend the GFI Planning /Consulting and Coordination for 2013. N. Resolution authorizing an agreement with Jim Justin Government Relations Consulting for state legislative and administrative advocacy services. RESOLUTION NO. R- 2012 -162, A RESOLUTION authorizing the City Manager to execute the attached and Agreement for Professional Services with Jim Justin Government Consulting Services for state legislative and administrative advocacy services. O. Resolution authorizing a Professional Services Agreement with Ridolfi Inc., for Engineering Services in an amount not to exceed $710,000 for evaluation and design of Phase II of the Effluent Pipeline Relocation and Discharge Channel Project at the City's Wastewater Treatment Plant (WWTP). RESOLUTION NO. R- 2012 -163, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Ridolfi, Inc. in the amount not to exceed $710,000 for Engineering Services for evaluation and design of Phase II of the Effluent Pipeline Relocation and Discharge Channel Project at the City of Yakima Wastewater Treatment Plant. Motion: Approve, Approved 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 5. Audience Participation Bill Duerr, 3206 W. Yakima Ave., Yakima, read a prepared statement regarding his concerns on the revised parking ordinance. PUBLIC HEARINGS 6. Two Ordinances: (A) Ordinance amending YMC 15.09.200; and (B) Ordinance amending Chapter 5.30 YMC; amending zoning regulations and licensing requirements for adult entertainment businesses and uses, respectively. (Closed Record Hearing.) Mark Kunkler, Senior Assistant City Attorney, briefed Council on the ordinances. The City of Yakima Planning Commission recommends approval. The City also worked closely with the Zonta Club on this issue. Mayor Cawley opened the public hearing, and with no one coming forward to speak, closed the Page 4of9 333 public hearing. The City Clerk read the ordinances by title. Ensey moved and Lover seconded to approve the ordinance. The ordinance passed by unanimous roll call vote. ORDINANCE NO. 2012 -57, AN ORDINANCE relating to land use regulation; amending Section 15.09.200 of the Yakima Municipal Code regarding adult entertainment businesses and uses. The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -58, AN ORDINANCE relating to business licensing and regulation; amending Chapter 5.30 of the Yakima Municipal Code regarding business licensing and regulation of adult entertainment businesses and uses. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Passed 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . CITY MANAGER'S REPORTS 7. Resolution authorizing Second Amendment to the Block by Block Agreement for Professional and Ambassador Services in the Downtown Yakima Business Improvement District (DYBID) City Attorney Cutter noted a minor change on the contract, which did not change any of the funding elements. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -164, A RESOLUTION authorizing and directing the City to execute the Second Amendment to the Block By Block Agreement for Professional and Ambassador Services Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Approved 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 8. Transit Five -Year Financial Forecast and Financial Plan to provide for fund stability. City Manager O'Rourke briefed Council on the need for a Transit five -year financial forecast. He noted Transit has had only 2 fare increases in 30 years. He recommends reducing holiday service, eliminating the van pool to Redmond, and a slight increase in fares, which will be discussed at an upcoming public hearing. Council Member Ensey questioned if the City will look at privatizing Transit. City Manager O'Rourke noted this will be looked at under managed competition. Council Member Lover noted 30% of our revenue is from State Grants and questioned how long this can continue? City Manager O'Rourke stated we need to become less reliant on State money and outside sources. Lynne Kittelson, 305 N. 9th Street, Yakima, complained about a bus route change on August 27. Council Member Coffey questioned if the City would still be providing shuttle service during the fair. City Manager O'Rourke confirmed the City will continue fair service as well as 4th of July service. Council Member Bristol thanked the staff for coming up with approximately $800,000 cost savings. Bristol moved and Adkison seconded to begin the public hearing process on this issue. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Page 5of9 334 Maureen Adkison. Approved 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 9. Airport Proposal City Manager O'Rourke briefed Council on the proposal. In 1982 the City and County entered into a joint operation agreement of the Airport, which he believes is an awkward business model. The County would like the City to take back ownership of the Airport. There is currently a request for proposals for managed competition of the Airport with a response due January 7, 2013. Lynn Buchanan, 3311 W. Chestnut, Yakima, complained about several issues with the Airport over the last 30 years. He supports the County relinquishing ownership to the City. Candie Turner, 7800 W. Mead, Yakima, spoke in support of Lynn Buchanan's position and of the City becoming sole owners of the Airport. Council Member Ensey stated he would like to see a plan in place as there are for other projects, and would like to see the focus on running a traditional municipal airport. Council Member Coffey noted she is concerned about the rapid pace of change for the Airport. Mr. O'Rourke stated the current structure is set up for failure and he strongly favors City ownership, and reminded Council he will be accountable. Assistant Mayor Adkison noted she is the City's ex- officio on the Airport Board and the Airport needs stability. Council Member Bristol suggested a study session in January on the Airport before making a decision. Council Member Lover spoke in favor of the proposal. He believes the Airport is an economic generator, which we are not collecting on. Les Flue, Chairman of the Airport Board, reminded Council that the Airport Board recommended reviewing the Joint Operating Agreement about 5 years ago, and believes the Airport Board has very limited authority. Mr. Flue noted many mistakes have been made and they are working to resolve them. He feels they are making significant progress and spoke in favor of the • proposal. Lover moved and Ensey seconded the City is interested in the County's offer. It was Council consensus to schedule a study session on this issue in January. Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Approved 6 -1. Council Members voting Aye: Adkison , Bristol , Cawley , Ensey , Ettl , Lover . Council Members voting Nay: Coffey.. 10. Resolution authorizing an agreement with the Downtown Yakima Rotary Club for a New Playground at Franklin Park Dave Hargreaves and Kelly Connaughton from Yakima Rotary discussed plans for the new playground equipment. The project should be completed with a community installation in April or May, weather permitting. Council thanked the Rotary Club for all their efforts in the community. • The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -165, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Downtown Yakima Rotary Club for development of a playground facility in Franklin Park Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Adopted 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . • Page 6 of 9 • •335 11. Resolution establishing fees and procedures applicable to facilities and functions of the Yakima Parks and Recreation Division of the City of Yakima • Parks and Recreation Manager Ken Wilkinson briefed Council on the fee schedule, which has been approved by the Parks Commission. City Manager O'Rourke noted these fees have been budgeted for 2013. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -166, A RESOLUTION establishing fees and procedures applicable to facilities and functions of the Yakima Parks and Recreation Division of the City of Yakima, effective January 1, 2013. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Adopted 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 12. Resolution of the Transportation Benefit District Board submitting a ballot proposition implementing a ten year $40.00 annual vehicle license registration fee to the vote of the people on the April 23, 2013 special election. Council adjourned from the regular business meeting and convened as the Transportation Benefit Board. City Manager O'Rourke discussed the poor conditions of our roads and the proposed Transportation Benefit Board (TBD) fee, which he recommends be voted on by the public. This is a $40 car tab fee, which would bring in $2 million annually to help repair roads and would sunset after 10 years. Lynn Harden 913 Pleasant Avenue, Yakima, thanked the City Manager and Police Chief for the work they are doing. He stated he is in favor of short term bonds and the city needs to concentrate on road maintenance. Bill Duerr, 3206 W. Yakima Avenue, Yakima, agrees the City needs funding assistance for roads; however, he is concerned with the $40 amount. Lynne Kittelson, 305 N. 9th Street, Yakima, stated the citizens elected Council to make hard decisions, and thinks the TBD should be implemented councilmanically. She is not in favor of spending $70,000 on an election. Candie Turner, 7800 Mead, Yakima, stated she is not in favor of having an election and would like Council to make the decision. Council Member Coffey agrees with the citizens, that Council needs to address this and make a decision and doesn't feel this will pass at $40. Assistant Mayor Adkison agreed. Council Member Ensey reiterated that he is not in favor of bringing taxes forward; however, he is in favor of letting the public decide. Council Member Lover also spoke in favor of taking this matter to the public. Council Member Bristol said she is in favor of having this voted on by the citizens. Council Member Ettl spoke in favor of this but is concerned it may not pass. Mayor Cawley noted in the past, the City funded street maintenance through street bonds. Council Member Ettl reminded everyone the last two street bonds failed at the polls. The City Clerk read the resolution by title. Ettl moved and Cawley seconded to change the amount from $40 to $30. The amendment carried 5 -2 with Coffey and Adkison voting no. Page 7 of 9 336 • RESOLUTION NO. TBD -R -1, A RESOLUTION of the City of Yakima Transportation Benefit District concerning a voter - approved vehicle license registration fee to pay for road infrastructure needs; submitting a ballot measure regarding road infrastructure funding to the qualified electors of the City of Yakima Transportation Benefit District at an election to be held on April 23, 2013; requesting that the Yakima County Prosecutor prepare a ballot title; and requesting that the Yakima City Attorney prepare an explanatory statement for Yakima County's local voter's pamphlet. Council adjourned from the Transportation Benefit Board meeting and adjourned back to the regular business meeting. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Adopted 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . ORDINANCES 13. Revision of two ordinances related to fees paid for Engineering Design review and inspection of Privately built Public Infrastructure. City Engineer Doug Mayo discussed the history of the fees, which have not been increased since 1995. Increasing the fees ensures sustainability and the Central Washington Homebuilders are in favor of the increase. City Manager O'Rourke noted these fees are budgeted for 2013. ORDINANCE NO. 2012- 59, AN ORDINANCE establishing the rates to be charged by the City's Engineering Division to 1) review the design documents for, and inspect the construction of, public works improvements in conjunction with subdivision, development and redevelopment of real property by private parties and 2) to provide required site inspection and document review for Street Break Permit applications; and amending sections 12.20.010, 12,20.020 and 8.72.010 of the City of Yakima Municipal Code. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Rick Ensey. Passed 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 14. Ordinance Amending Municipal Code Relating to Street and Building Decorations (Banners) City Manager O'Rourke explained the revisions regarding banners. Piper Hale, 1201 Meadowlark, Zillah, spoke on behalf of the Northern Rail Museum, that sponsors a toy train event each year in Toppenish that they advertise by hanging banners in Yakima. It is a family oriented event and pulls people from all over Washington. He is concerned about community events in Yakima County not being able to utilize banners in the City of Yakima. Council discussed the ordinance. Ensey moved and Bristol seconded to pass the ordinance and strike A under B and re -label B & C. Cawley moved and Ensey seconded to amend the ordinance from 3 months to 6 months. Motion fails 4 -3 with Ettl, Adkison, Bristol and Coffey voting no. The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -60, AN ORDINANCE relating to street banners; adopting new Chapter 8.30 of the Yakima Municipal Code regarding regulation and issuance of permits for street banners and decoration; repealing Chapter 10.32 of the Yakima Municipal Code. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Mayor Micah Cawley. Passed 7 -0, Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Page 8 of 9 337 Lover . . • • 15. Ordinance Amending Municipal Code Relating to Special Events / Parades City Manager Tony O'Rourke briefed Council on the item. City Clerk Claar Tee noted a language change on Exhibit A, which was distributed to Council. Council Member Coffey questioned whether the Visitor and Convention Bureau agreed with the ordinance. CEO John Cooper confirmed their support. ORDINANCE NO. 2012 -61, AN ORDINANCE relating to special events and parades; repealing existing Chapter 9.70 of the Yakima Municipal Code regarding special events and parades, and adopting amended and restated Chapter 9.70 of the Yakima Municipal Code pertaining to permitting and regulation of special events and parades. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Passed 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 16. Other Business *Council Member Lover discussed his recommendation for Council committee assignments, which Council will discuss in full on January 8, 2013. *Assistant Mayor Adkison thanked the City Manager for changing the lights on the trees down Yakima Avenue. *Council Member Bristol reminded Council of an invitation from the Yakima Trolley Association. *Mayor Cawley thanked City staff for their hard work and wished a Merry Christmas to all. *Lover moved and Ensey seconded to have staff bring back legislation for a Charter change for an election so that all City tax increases would require a super majority vote of the Council. Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Carried 5 -2. Council Members voting Aye: Adkison , Cawley , Ensey , Ettl , Lover . Council Members voting Nay: Bristol , Coffey . 17. Adjournment The meeting adjourned at 9:17 p.m. to the next Council Business meeting on January 8, 2013 at 6 p.m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . CERTIFICATION READ AND CERTIFIED ACCURATE BY 40 N' IL MEMBER • CIL MEMBER DATE DATE Ak ST: .� h 11 1 0_, /, A CITY CL ='; - i , -�� M OR r E , V�i Page 9 of 9 1,1