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HomeMy WebLinkAbout02/05/2013 Business MeetingYAKIMA CITY COUNCIL February 5, 2013 Council Chambers -- City Hall 6 p.m. Business meeting MINUTES * Back � Print r BUSINESS MEETING 1. Roll Call 349 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 Page 1 of 8 14M, 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. Page 2 of 8 351 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 Page 3 of 8 352 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. Page 4 of 8 iM 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. Page 5of8 353 354 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 Page 6 of 8 ballot measure to the Yakima City Clerk :355 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 Page 7 of 8 MIG 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 Page 8 of 8