HomeMy WebLinkAbout02/05/2013 Business MeetingYAKIMA CITY COUNCIL
February 5, 2013
Council Chambers -- City Hall
6 p.m. Business meeting
MINUTES
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BUSINESS MEETING
1. Roll Call
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Council: Mayor Micah Cawley, presiding, Council Members Sara Bristol, Rick Ensey, Dave Ettl
and Bill Lover
Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee
Absent: Assistant Mayor Maureen Adkison (excused) and Council Member Kathy Coffey
(excused)
2. Pledge of Allegiance
Mayor Cawley led the Pledge of Allegiance.
3. Open Discussions for the Good of the Order
4. Council Reports
i. Council Partnerships Committee minutes from 1/23/13 and Memo regarding visit to
Olympia
Mayor Cawley reported on the Partnership Committee meeting and trip to Olympia. The
consensus was the trip went very well. Council Member Ettl spoke highly of our legislative
liaison, Jim Justin and noted he is very respected in Olympia and thanked the selection
committee for choosing him. Mayor Cawley concurred with Council Member Ettl and thanked
City Manager O'Rourke for attending the legislative trip.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
ii. Council Economic Development Committee minutes from 1/24/13
The Council Economic Development committee minutes were approved as presented.
Motion. Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
iii. Council Public Safety Committee minutes from January 30, 2013
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The Council Public Safety Committee minutes were approved as presented.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
5. 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. There were no
changes. 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 Council Member Sara
Bristol. Carried 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
A. Consideration of approval of City Council Meeting Minutes
Approval of the minutes from the January 8 and 15, 2013 Adjourned City Council
Business meetings and January 22, 2013 Study Session /Special meeting.
The minutes of the January 8 and 15, 2013 Adjourned City Council Business meetings and
January 22, 2013 Study Session /Special meeting were approved, having been duly certified
accurate by two Council members, with no one present wishing to have said minutes read
publicly.
B. 4th Quarter 2012 Claim Report and Resolution authorizing and approving 4th Quarter 2012
claims activity.
RESOLUTION NO. R- 2013 -011, A RESOLUTION accepting and approving the 4th Quarter
2012 Claims Reports for the City of Yakima.
C. Resolution authorizing a "Geriatric Foot Care Services Agreement" with Melanie Marvel,
R.N., to provide foot care services at the Harman Center
RESOLUTION NO. R -2013 -012, A RESOLUTION authorizing the City Manager of the City of
Yakima to execute a "Geriatric Foot Care Services Agreement' with Melanie Marvel, R.N., to
provide foot care services at the Harman Center, and depending upon funding, authorizing the
City manager to execute any subsequent amendments or reoccurring agreements for the
following five years (2018), upon approval as to form by the City Attorney.
D. Resolution authorizing a Geriatric Foot Care Services Agreement with Rosemary Bonsen,
R. N., to provide foot care services at the Harman Center
RESOLUTION NO. R- 2013 -013, A RESOLUTION authorizing the City Manager of the City of
Yakima to execute a "Geriatric Foot Care Services Agreement' with Rosemary Bonsen, R.N., to
provide foot care services at the Harman Center, and depending upon funding, authorizing the
City Manager to execute any subsequent amendments or reoccurring agreements for the
following five years (2018), upon approval as to form by the City Attorney.
E. Resolution authorizing Personal Services Agreements with Instructors, Officials and
Referees needed for various Parks and Recreation Division Programs
RESOLUTION NO. R- 2013 -014, A RESOLUTION authorizing the Parks and Recreation Division
Manager to execute Personal Services Agreements during 2013 that are substantially in accord
with the attached "Personal Services Agreement' in order to obtain specialized services for the
Parks Division and depending upon funding, authorizing the Parks and Recreation Manager to
execute any subsequent amendments or reoccurring agreements for the following five years
(2018), upon approval as to form by the City Attorney.
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F. Resolution authorizing the 2013 Agreement with the Yakima Valley Umpires Association
(YVUA) for officiating services for the Parks and Recreation Softball Program
RESOLUTION NO. R- 2013 -015, A RESOLUTION authorizing and directing the City Manager to
execute 2013 Agreement between the City of Yakima and the Yakima Valley Umpires
Association for the purpose of obtaining officiating services for the City of Yakima's organized
softball program.
G. Resolution authorizing renewal of contracts for Fire Communications Services
(Dispatching) with the City of Selah, City of Union Gap and the Fire Districts of the Upper
Yakima Valley
RESOLUTION NO. R- 2013 -016, A RESOLUTION authorizing and directing the City Manager
and City Clerk of the City of Yakima to execute a Fire Communications Services Contract with
the City of Union Gap, the City of Selah, and various Yakima County Fire Protective Districts.
6. Audience Participation
Doug Lemon, 206 N. 6th Avenue, Yakima, distributed information printed from the Web on
average incomes. He stated the average income in Yakima is way below the national average
and noted his disgust with the utility taxes here compared to Kennewick. He suggested Council
should read a book called, "Nickel and Dimed."
Charles Noel, 1101 N. 4th Street, Yakima, spoke in opposition of any taxes. He discussed his
current earnings and how much of his income is absorbed by taxes and how little he has left over
each month. He encouraged Council not to raise any taxes.
Bill Duerr, 3206'W. Yakima Avenue, Yakima, discussed concerns that were brought to his
attention by a citizens regarding the revitalization and the amount of money being spent on a
small area of downtown. He is hopeful the City will eventually assist the outlying areas. Mr.
Duerr also noted his disappointment in how the voting is taking place and referenced item #18 on
the agenda. He stated he would like to see Council vote without the pre- voting during
the discussion and is concerned this is becoming a trend.
Candie Turner, 7800 W. Mead, Yakima, spoke in support of the previous speakers. She noted
the road conditions and her concern with the $30 car tab fee ballot measure. She also stated
she would like to see the Airport solely owned by the City with the County having no interest in
the property.
Lynne Kittelson, 305 N. 9th Street, Yakima, distributed an invitation to Casa Vittore, a new coffee
shop and restaurant located next to the Sports Center. They are having an open house Friday,
February 8, at 4:30 p.m. and a ribbon cutting ceremony at 5:00 p.m. She invited Council
members to attend the grand opening.
Fred Nelson, 2602 S. 79th Avenue, Yakima, spoke in opposition of taxes. He mentioned the
poor striping on Martin Luther King Boulevard and the extreme cost of the underpass. He also
spoke in favor of a car tab fee on personal vehicles; however, he stated he couldn't afford it on
his business vehicles.
Thomas McCormick, 309 1/2 N. 6th Avenue, Yakima, proposed a bus be available to take
citizens to the parades and requested a parade on October 22, 2013, for people who wanted to
join the military but were rejected because of special education issues.
PUBLIC HEARINGS
Public Hearing and Resolution to approve updating the Transportation Benefit District's project
list to the Second Amended Project List
Council adjourned from the regular business meeting and convened as the Transportation
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Benefit Board. Chris Waarvick, Director of Public Works presented a new list and map for the
TBD project list.
Mayor Cawley opened the public hearing, and with no one coming forward, closed the hearing
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 - TBD -4, A RESOLUTION to approve updating the Transportation
Benefit District's project list to the Second Amended Project List.
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. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
CITY MANAGER'S REPORTS
Resolution authorizing an agreement with the Yakima Southwest Rotary Club for the
development of two picnic shelters at Franklin Park
Parks and Recreation Manager Wilkinson briefed Council on the agreement and
continuing partnerships with the area service clubs. He noted the picnic shelters will host
approximately 2 tables per shelter and provided a site plan of the pavilion and picnic tables. They
hope to have this completed by spring.
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 -017, A RESOLUTION authorizing the City Manager of the City of
Yakima to execute an agreement with the Yakima Southwest Rotary Club for development of two
picnic shelters at Franklin Park.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara
Bristol. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover.
Council Members Absent: Adkison, Coffey.
9. Resolution naming a ball field at Kiwanis Park in memory of an honored Lions Club Member
Barney Smith
Parks and Recreation Manager Wilkinson briefed Council on the item. He stated all three
resolutions met the qualifications for naming purposes. Mr. Wilkinson read a brief biography
for Barney Smith.
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 -018, A RESOLUTION Naming a ball field at Kiwanis Park in Memory
of Barney Smith, and authorizing City Manager to accomplish such designation.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
10. Resolution naming a ball field at Kiwanis Park in memory of an honored Kiwanis Club Member
Gene Shields
Parks and Recreation Manager Wilkinson briefed Council on the issue. Dr. Wilson stated it is an
honor to be able to rename the field after Gene Shields and gave a brief history of Mr. Shields'
accomplishments.
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The City Clerk read the resolution by title
RESOLUTION NO. R- 2013 -019, A RESOLUTION Naming a ball field at Kiwanis Park in Memory
of Gene Shields, and authorizing City Manager to accomplish such designation.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
11. Resolution naming a ball field at Kiwanis Park in memory of an honored Rotary Club Member
Deb Krautwurm
Parks and Recreation Manager Wilkinson briefed Council on the item. David Hargreaves of
Downtown Rotary noted how excited they are to rename a ball field after Deb Krautwurm, the
first woman to be president of Downtown Rotary and presented a brief biography on Ms.
Krautwurm.
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 -020, A RESOLUTION Naming a ball field at Kiwanis Park in Memory
of Deb Krautwurm, and authorizing City Manager to accomplish such designation.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
12. Resolution authorizing a Professional Services Agreement with KBA, Inc., in an amount not to
exceed $973,000 for construction management and inspection services required on the Yakima
Railroad Grade Separations Phase 3 - Martin Luther King, Jr. Boulevard project.
City Engineer Doug Mayor briefed Council on the agreement. Jim Tobin, 705 S. 54th
Avenue, Yakima, spoke on behalf of KBA Inc. and noted he is retired from the Department of
Transportation and works for KBA. He stated this is a great opportunity for KBA to begin working
in Eastern Washington and appreciates the opportunity to conduct the work on this project.
Council Member Ettl noted there are a lot of strong opinions about the underpass projects that
are not based on facts and he would like to see more information presented on the issue in the
City's social media outlets. Council Member Lover concurred with Mr. Ettl and noted there are
funds dedicated to this project that cannot be used elsewhere.
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 -021, A RESOLUTION authorizing the City Manager to execute a
Professional Services Agreement with KBA, Inc., in an amount not to exceed $973,000 for
construction management and inspection services required on the Yakima Railroad Grade
Separations Phase 3 - Martin Luther King, Jr. Boulevard project.
Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Bill Lover.
Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
13. Resolution authorizing the City to execute an Agreement with Yakima County to terminate the
Joint Air Terminal Operations Agreement and in accordance with the terms and conditions of
said Agreement to become the sole owner /operator of the Air Terminal.
City Manager O'Rourke briefed Council on the agreement. He noted the County will have a
public hearing on the matter February 12, 2013. Council Member Lover noted this has been
studied well by the City Manager and Council Members.
The City Clerk read the resolution by title.
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RESOLUTION NO. R- 2013 -022, A RESOLUTION concerning the Yakima Air Terminal,
approving an agreement with Yakima County that terminates the existing Joint Air Terminal
Operations Agreement and transfers the ownership of all real and personal property associated
with the Yakima Air Terminal back to the City and allocates the liabilities and responsibilities
related to the Yakima Air Terminal between the City and the County.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill
Lover. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
14. Car tab fee election /alternative options
City Manager O'Rourke noted on September 11, 2012, the Council took the step to put a $30 car
tab on the ballot, and then later reconsidered a new date. He has since learned that a 20 year
bond will be fully paid, which will free up approximately $500,000 annually, that can be utilized to
finance repair of our roads. Also, they have seen a positive trend in sales tax income. Therefore,
he is proposing Council reconsider the car tab ballot measure and place a City Charter
amendment on the ballot dedicating $2 million in revenue annually in addition to what is
budgeted for road repair and maintenance.
Council Member Ensey asked whether the $2 million is a percentage? City Manager O'Rourke
stated this is based on a CPI. Council Member Ensey stated he likes this idea, especially if it
means not raising taxes.
Council Member Ettl mentioned changing the Charter builds credibility with the citizens. He
questioned whether changing the Charter would lock the City in to this amount each year, even if
the economy slows again. Additionally, he stated they have a preliminary jail report, which
indicates a possible future jail expansion could also need a dedicated revenue source. Mr.
O'Rourke stated there is nothing more pressing than fixing our roads and that a Charter change
amendment could not be changed except by another Charter amendment.
Council Member Lover reported he is satisfied with this option. Council Member Bristol affirmed `
that the citizens are not happy with the roads and we need to take action now. Mayor Cawley
agreed that we need to have allocated funding. Council Member Ettl reminded everyone
that two council members are absent and out of respect to them, this discussion should wait until
they return.
Bristol moved and Ensey seconded to direct staff to draft a ballot measure for August on
this issue.
Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried 5-
0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent:
Adkison, Coffey.
15. Resolution of the Transportation Benefit District Board withdrawing ballot proposition TBD -R -1
from the Yakima County Auditor to allow for further consideration of the proposition and for
possible re- submittal on a future Yakima election ballot.
Council adjourned from the regular business meeting and convened as the Transportation
Benefit Board. City Attorney Cutter briefed Council on the issue.
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 - TBD -3, A RESOLUTION of the City of Yakima Transportation
Benefit District Board concerning a voter - approved vehicle license registration fee to pay for road
infrastructure needs; withdrawing the previously submitted ballot measure regarding road
infrastructure funding through a vehicle license registration fee from the April 23, 2013 special
election date; and requesting that the Yakima County Auditor return the previously submitted
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ballot measure to the Yakima City Clerk
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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 Sara
Bristol. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover.
Council Members Absent: Adkison, Coffey.
ORDINANCES
16. Ordinance Modifying Yakima Transit's Rates And Fares for Fixed -Route and Paratransit Services
Public Works Director Chris Waarvick discussed the changes in transit fees.
Lynne Kittelson, 305 N. 9th Street, Yakima, requested the City revert back to the previous bus
route on Lincoln Avenue. She noted elderly people are dependent on buses and are less likely
to accept change. She also encouraged Transit to keep the all day bus passes.
Transit Manager Ken Mehin confirmed we currently have the all day passes. Mr. Waarvick
indicated they have been watching Pierce County Transit, as they have expanded too much and
are now reducing their entire transit system. They are attempting to be proactive to eliminate that
from happening in Yakima.
The City Clerk read the ordinance by title.
ORDINANCE-NO. 2013 -001, AN ORDINANCE relating to public transportation, amending
(Ordinance 2008 -48) YMC § 7.90.020 Transit Fees
Motion:, Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara
Bristol. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover.
Council Members Absent: Adkison, Coffey.
17. Ordinance amending YMC 1.36.030 regarding membership, vacancies and attendance for
Yakima Arts Commission.
Senior City Attorney Mark Kunkler discussed the changes in the Art Commission, which sets a
bench mark for attendance and vacancies.
The City Clerk read the ordinance by title
ORDINANCE NO. 2013 -002, AN ORDINANCE relating to the Yakima Arts Commission;
amending Section 1.36.030 of the Yakima Municipal Code regarding membership, vacancies
and attendance.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara
Bristol. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover.
Council Members Absent: Adkison, Coffey. F
18. Other Business
Mayor Cawley encouraged Council to listen to the new song by Lady Antebellum, as he would
like to use it as a theme song for downtown events.
Council Member Ettl requested the Partnership meeting scheduled for tomorrow be rescheduled
due to a conflict.
A. Discussion regarding Proposition to amend Article VII, Section 2 of the City of Yakima
Charter requiring affirmative vote of at least five City Council members to approve any new
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councilmanic tax
Mayor Cawley noted a new resolution was distributed regarding the proposed super- majority
Charter Amendment discussed at a previous meeting. .
Council Member Bristol recapped what took place at the last meeting regarding this matter and
stated she changed her vote and the vote failed. She is bringing this issue back in hopes that it
makes it more difficult for Council to raise taxes, although it didn't appear on the agenda in the
format she intended. The information is the same except the date of the election is now August
instead of April. She remarked that there are two Council members absent tonight and said she
has been accused of "sneaking" this item in, but she isn't, as it is listed on the agenda.
City Attorney Cutter stated this is not exactly what was previously provided and this is not a
reconsideration but is a new resolution.
Council Member Ettl explained an effort to require a super- majority to raise taxes should require
more than a simply majority to pass and believes they should wait to discuss and vote on this
issue until all members are present. He stated he has done a lot of thinking on this matter, and
was previously in favor of it; however, he has changed his position.
Ettl moved and Cawley seconded to table this matter. The motion failed by a 3 -2 roll call
vote; Lover, Ensey and Bristol voting no.
Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Bill
Lover. Carried 3 -2. Council Members voting Aye: Bristol, Ensey, Lover. Council Members
voting Nay: Cawley, Ettl. Council Members Absent: Adkison, Coffey.
19. Adjournment
The meeting adjourned at 8:14 p.m. to the next Council Business meeting on February 19, 2013
at 6 p.m. in the Council Chambers.
Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Approved 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council
Members Absent: Adkison, Coffey.
CERTIFICATION
READ AND CERTIFIED ACCURATE BY
I_1
UNCILBER DATE
COUNCIL MEMB DATE
MAY R
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