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HomeMy WebLinkAbout02/19/2013 Business Meeting/Executive SessionYAKIMA CITY COUNCIL February 19, 2013 City Hall -- Council Chambers 5 -6 p.m. Executive Session; 6 p.m. Business Meeting MINUTES l+ Back Print EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session regarding Pending Litigation Executive Session was held and adjourned at 6 p.m. 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 Bill 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. Presentations /recognitions /introductions Presentation of 2012 Annual Report by John Cooper, CEO of the Yakima Valley Visitors and Convention Bureau John Cooper, CEO of the Yakima Valley Visitors and Convention Bureau presented the 2012 Annual Report. He noted the V &C is a form of economic development employing thousands of people in the area, with visitors spending approximately $350 million annually. They had over 400 event days in 2012, and have worked with New Vision and the County to create new signs for the Wine Country, as well as establishing new links for their website, which continues to grow. Council Member Ettl noted how Washington State is surrounded by other States that have made huge investments for promoting tourism, whereas Washington State has eliminated funding for tourism. Mr. Cooper is Hopeful that there will be a State program in place in the near future. 4. Council Reports Page 1 of 6 357 358 5. 6. None 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 Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl; Lover. A. Resolution approving amendment of Planning Commission Bylaws pertaining to terms of office for officers of the Planning Commission. RESOLUTION R- 2013 -024, A RESOLUTION approving amendment to Bylaws of the Yakima Planning Commission pertaining to terms of office for elected officers. B. Resolution authorizing a contract with HDR Engineering, Inc. to provide screening level assessment of intake alternatives to the City for their consideration so we might assess potential options for the Naches - Cowiche Dam Diversion Consolidation Project in order to determine a preferred option. RESOLUTION R- 2013 -025, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with HDR Engineering, Inc. to provide screening level assessment of intake alternatives to the City for their consideration so we might assess potential options for the Naches- Cowiche Dam Diversion Consolidation Project in order to determine a preferred option. C. Ordinance relating to Public Safety and Morals; amending the City of Yakima Municipal Code, repealing certain sections of Chapter 6.55 for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes; re- titling and amending Section 6.55.020; enacting a new section relating to violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55; and changing the title of Chapter 6.55 to reflect the new contents and purpose. ORDINANCE NO. 2013 -003, AN ORDINANCE relating to Public Safety and Morals; amending the City of Yakima Municipal Code, repealing certain sections of Chapter 6.55 for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes: Communication with minor for immoral purposes, Failure to register as a sex offender or kidnapping offender, Prostitution, Patronizing a prostitute, and Permitting prostitution; adopting Revised Code of Washington statute relating to indecent exposure; re- titling Section 6.55.020 and amending the statutory language to reflect the new title; enacting a new section relating to violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55; and changing the title of Chapter 6.55 to reflect the new contents and purpose. Audience Participation Jim Bell, 401 N. Naches Avenue, Yakima, complained about irrigation rates and provided a copy of his bill. He compared his lot to a 37 -acre ranch on S. Naches Road, which is outside the City limits and not on City irrigation water. Doug Lemon, 206 N. 6th Avenue, Yakima, spoke in opposition of the HUD loan for the Morrier /Great Western building project. He also complained about the use of city trucks and noted he has an issue with the sewer line at 911 Pitcher St. and would like the City to clean the lines in that area. Charles Noel, 1101 N. 4th Street,Yakima, requested information on employee benefits and Page 2 of 6 359 compensation. He stated he is going to read Plunder, a book about how Unions are raiding treasuries and bankrupting our nation and will provide, Council an overview once he finishes the book. Sandy Massong Lloyd, 5501 W. Arlington, Yakima, complained about a barbed wire fence on the Congdon property that cars have run over and left behind in the street for other unsuspecting drivers. She also suggested the City install a stop sign on 56th and Arlington, as semi trucks are using it to reach Nob Hill Boulevard. CITY MANAGER'S REPORTS 7. City of Yakima Business Plan City Manager O'Rourke reviewed the Business Plan and stated staff will be providing performance measurements and monitoring this process closely in order to provide results to the community. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Approved 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 8. 2012 Yakima Police Reserve Report City Manager O'Rourke noted the City currently. has 14 members of the community involved in the reserve program. Chief Rizzi introduced Sgt. Jones, who is overseeing the program. Sgt. Jones reported on the difficulty in recruiting volunteers and keeping them properly trained for this program. He introduced Bill Almon, who has been a Commissioned Reserve Officer for 27 years and has over 225% of the recommended hours. Chief Rizzi and Sgt. Jones thanked Mr. Almon for his service. Bill Almon spoke highly of the program and feels very honored and privileged to serve and be associated with YPD reserve program. 9. Resolution authorizing an Interlocal Agency Agreement with Yakima County, which allows the County to perform Engineering Services for the City City Manager O'Rourke explained how the City may utilize County Engineering when we have an upsurge in demand. This will save the City in overtime and additional staffing costs. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -026, A RESOLUTION authorizing the City Manager to execute an Interlocal Agency Agreement with Yakima County, which allows the County to perform Engineering Services for the City. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 10. Resolution authorizing an agreement with National Development Council (NDC) for professional services to assist with implementing and processing HUD Section 108 Loan Funding ( "Great Western" Building Renovation Project). City Manager O'Rourke briefed Council on the issue. This particular project will bring jobs to a low income area. The Great Western building will be converted in to a Boutique Hotel and the old Masonic Temple will be utilized for meetings and events. Mr. O'Rourke clarified the loan will be repaid. Robbie Byrne, 109 Shamrock Drive, Yakima, spoke in opposition of a loan to Mr. Morrier. Page 3 of 6 360 Sandy Massong Lloyd, 5501 W. Arlington, Yakima, spoke in favor of the project as long as Mr. Morrier repays the loan. Candie Turner, 7800 W. Mead Avenue, Yakima, spoke in opposition of the loan to Mr. Morrier. Stephen Eggleston, 261 Orchard Rite Road, Yakima, spoke in opposition of the loan to Mr. Morrier. Jessica Hope, 418 S. 18th Avenue, spoke in opposition of the loan to Mr. Morrier. Joe Mann, 6 N. 3rd Street, Yakima, spoke in support of the project. Lynne Kittelson, 305 N. 9th Street, Yakima, spoke in support of the project. Council Member Ensey mentioned a past experience with Trail Wagons that did not turn out very well for the City. He questioned whether the City has a personal guarantee on this loan. Mr. O'Rourke will check on this issue. He noted the building is more valuable than the loan. Council Member Ensey questioned whether the City would be responsible if Mr. Morrier defaults on the loan. It was discussed and determined that the City would have to pay back the loan if Mr. Morrier defaults. Mayor Cawley confirmed this vote is only to approve the loan for the National Development Company to process the application to HUD. Council Member Coffey noted this is a very complex process and will put jobs in place for low income people in a low income area. Council Member Lover mentioned other HUD loans that were approved in the past and were successful, and they have a history of selecting good applicants. Council Member Ettl stated that guidelines are in place, and Council needs to decide whether we are going to support tax payer money going toward a HUD loan. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -027, A RESOLUTION authorizing the City manager to execute an agreement between National Development Council (NDC) and City of Yakima professional services to assist with implementing and processing HUD Section 108 Loan Funding ( "Great Western" Building Renovation Project). Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Kathy Coffey. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 11. Resolution ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair /refurbishment of the 300 horse power motor for the Kissel Well Dave Brown, Water and Irrigation Manager, explained lightening hit the Kissel Well motor and caused serious damage. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -028, A RESOLUTION ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair /refurbishment of the 300 horse power motor for the Kissel Well. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 12. Resolution of the City Council of the City of Yakima providing for the submission to the eligible voters of the City of Yakima on the regular municipal primary election to be held August 6, 2013, Page 4 of 6 1i� a Proposition to amend Article VI of the Charter of the City of Yakima to add new Section 8 establishing a dedicated street overlay and reconstruction fund in the City's General Fund budget City Manager O'Rourke briefed Council on the issue. Council Member Coffey questioned whether this was necessary? Mr. O'Rourke explained this will not allow other Councils to change this in the future without a ballot measure. Council Member Coffey agreed this is a high priority; however, dedicating funds in a future with uncertain economic times makes her nervous. City Manager O'Rourke mentioned this is a measure to ensure future funding for roads. Mayor Cawley reiterated this money is coming off the top of the budget and cannot be touched. The City Clerk read the resolution by title. RESOLUTION R- 2013 -029, A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the submission to the voters of the City of Yakima a Proposition on whether Article VI of the Charter of the City of Yakima should be amended to add new Section 8 establishing a dedicated street overlay and reconstruction fund, to be funded in the amount of no less than Two Million Dollars annually, adjusted annually per consumer price index, and limiting expenditures from such fund to the dedicated purposes of street overlay and reconstruction; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal primary election to be held August 6, 2013. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. ORDINANCES 13. Ordinance Amending the Classification and Compensation Plan for Certain City Employees and Legislation Amending Subsections 2.20.100A,; 2.20.100B, 2.20.100C, 2.20.100D, 2.20.110A, 2.20.110B, and 2.20.110C, all of the City of Yakima Municipal Code City Manager O'Rourke discussed the reorganization in various offices and brought forward a change in the compensation for the positions listed. Council Member Ettl noted too often they hear people want raises for just showing up. In this situation, they are asking people that are already functioning in high level positions to take on additional work and they do so because it is the right thing to do. The City Clerk read the ordinance by title ORDINANCE NO. 2013 -004, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective March 24, 2013; amending Subsections 2.20.100A, 2.20.100B, 2.20.1000, 2.20.100D, 2.20.110A, 2.20.110B, and 2.20.110C, all of the City of Yakima Municipal Code. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey. Passed 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 14. Ordinance amending section 2.20.088 of the Municipal Code relating to Special Assignment Pay City Manage O'Rourke discussed the item and indicated this is a housekeeping matter. The City Clerk read the ordinance by title. ORDINANCE NO. 2013 -005, AN ORDINANCE relating to personnel, amending the City compensation ordinance to provide greater discretion to the City Manager to provide special pay compensation at levels the City Manager deems appropriate in specific circumstances ; and amending YMC 2.20.088(J). Page 5 of 6 NIGM Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Bill Lover. Passed 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 15. Ordinance (First Reading) amending the 2013 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balance within the Downtown Yakima Business Improvement District (DYBID) Fund 161 for expenditure during 2013 to provide for marketing and landscaping improvements in the district. Economic Development Manager Sean Hawkins briefed Council on the budget amendment. Joe Mann, 6 N. 3rd Street, Yakima, spoke in favor of this DYBID budget amendment. He noted he has been questioned many times about the special treatment the downtown business owners receive, by citizens who do not understand the downtown business owners are paying an assessment for the services. The City Clerk read the ordinance by title. An ordinance amending the 2013 budget and appropriating funds, was read and laid on the table until March 5, 2013 for a second reading. AN ORDINANCE amending the 2013 budget for the City of Yakima; and making appropriations of $40,000 in the Downtown Yakima Business Improvement District (DYBID) Fund 161 for expenditure during 2013 to provide for additional marketing and landscaping improvements in the district. 16. Other Business Cawley moved and Coffey seconded to withdraw Resolution R- 2013 -023 regarding the super majority ballot measure, which was approved at the last Council meeting. City Manager O'Rourke mentioned that if a petition came forward to make all Councilmanic action on raising fees and taxes be voted on by a super majority, it could be hazardous to the City. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Kathy Coffey. Approved 4 -3. Council Members voting Aye: Adkison, Cawley, Coffey, Ettl. Council Members voting Nay: Bristol, Ensey, Lover. 17. Adjournment The meeting adjourned at 8:07 p.m. to the next meeting, a study session on February 26, 2013,. at 10 a.m. in the Council Chambers of City Hall. Motion: Adjourn, 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. CERTIFICATION e READ AND CERTIFIED ACCURATE BY LO a�) OUNCIL MEMBER DATE OUNCIL MEMBER DATE ST: YAfar . CITY CLERK / M OR Page 6 of 6 yS�y�NG1 O�