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HomeMy WebLinkAbout11/18/2014 Business Meeting/Executive Session 136 • YAKIMA CITY COUNCIL November 18, 2014 City Hall -- Council Chambers 5 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES • EXECUTIVE SESSION 1. Executive Session to review the performance of a public employee Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke Executive Session was held and adjourned at 5:55 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, 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. Proclamations i. World Aids Day proclamation Mayor Cawley read the proclamation and Jon Perifold accepted it and invited Council Members to attend the information fair on December 1, 2014 from 4 -6 p.m. at Yakima Neighborhood Health Services. 4. Council Reports A. Quarterly update from the Yakima Planning Commission Chair to the City Council Dave Fonfara, Planning Commission Chair, briefed Council on the Planning Commission activities. He shared his appreciation for maintaining and enhancing communication between the Commission and Council. He reported the Commission is engaged in several important issues with the Comprehensive Plan and temporary and exempt sign issues, which will receive a lot of public input. He also noted there will be an upcoming vacancy on the Commission and he looks forward to having that filled. 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. The following items Page 1 of 6 137 • were added to the consent agenda. Item 14, which became item 5H: Resolution authorizing execution of a "3 -Party Wholesale Service Agreement" with the City of Union Gap and the Terrace Heights Sewer District for the provision of wholesale wastewater treatment and disposal service by the City of Yakima's Wastewater Division Item 15, which became item 51: Resolution authorizing execution of a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for wastewater treatment and disposal service by the City of Yakima's Wastewater Division 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: Coffey moved and Ensey seconded to approve the consent agenda. The motion carried by unanimous vote. A. 3rd Quarter 2014 Accounts Receivable Status Report B. 3rd Quarter 2014 Treasury Report C. Project Completion and Contract Acceptance for POW Contracting, Inc. - Project - WW2327 Noel Canning Industrial Wasteline Extension (Standard Motion V -B- Accept the project and approve) D. Final Contract Payment for Shannon Industrial Contractors, Inc. - WA2259 - Water System Telemetry Upgrades (Standard Motion V -B- Accept the project and approve the final payment) E. Resolution authorizing the City Manager to execute a power line utility easement in favor of Pacific Power & Light Company RESOLUTION NO. R- 2014 -135, A RESOLUTION authorizing the City Manager to execute a power line utility easement in favor of Pacific Power & Light Company. F. Resolution authorizing an Interlocal Agreement with Yakima County to administer a FEMA grant regarding Shaw Creek Floodplain Relocation, Wide Hollow Creek conveyance improvements and Bridge Flood conveyance improvements RESOLUTION NO. R- 2014 -136, A RESOLUTION approving and authorizing the City Manager to execute an interlocal,agreement between the City of Yakima and Yakima County for Shaw Creek and Wide Hollow Creek Pre - Disaster Mitigation Flood Control Project. G. Ordinance adding section 2.40.120 and amending the City of Yakima Leaves of Absence ordinance of the Yakima Municipal Code to show vacation and paid time off buy -back in the management group ORDINANCE NO. 2014 -028, AN ORDINANCE adding section 2.40.120 and amending the City of Yakima Leaves of Absence ordinance of the Yakima Municipal Code to show vacation and paid time off buy -back in the management group. H. Resolution authorizing execution of a "3 -Party Wholesale Service Agreement" with the City of Union Gap and the Terrace Heights Sewer District for the provision of wholesale wastewater treatment and disposal service by the City of Yakima's Wastewater Division RESOLUTION NO. R- 2014 -137, A RESOLUTION authorizing the City Manager to execute a "3- Party Wholesale Service Agreement" with the City of Union Gap and the Terrace Heights Sewer District for the provision of wholesale wastewater treatment and disposal service by the City of Yakima's Wastewater Division. Page 2 of 6 138 I. Resolution authorizing execution of a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for wastewater treatment and disposal service by the City of Yakima's Wastewater Division RESOLUTION NO. R- 2014 -138, A RESOLUTION authorizing the City Manager to execute a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for the provision of wastewater treatment and disposal service by the City of Yakima's Wastewater Division. 6. Audience Participation Karl Pasten, City resident and Executive Director of the Trolleys, spoke in support of funding for the trolleys. Joey Anderson, City resident, suggested funding for the Police Department for better camera recording equipment and for adding body cameras. , Earl Hall, with Rotary, thanked Council for their assistance in building the new Rotary Food Bank and invited Council to attend a ribbon cutting tomorrow at 11:00 a.m. Rev. William Pride Jr., City resident, stated he is the newly nominated President of the NAACP. PUBLIC HEARINGS 7. Public hearing regarding SCC Small Convenience Center moratorium for "mission uses "; Resolution adopting Findings of Fact in support of moratorium City Manager O'Rourke briefed Council on the moratorium and stressed the issue is about one zone for small convenience centers, of which there are 17 in the City versus the 3115 parcels of property where homeless shelters are permitted. Senior Assistant City Attorney Kunkler stated the primary reason for this moratorium is to give staff and the Planning Commission time to clarify what a mission use is and to determine what zones would be appropriate. There is no intention to ban homeless shelter services. Mayor Cawley clarified that our Municipal Code does not define what a homeless shelter is, which Mr. Kunkler confirmed. Mayor Cawley opened the public hearing. The following City residents spoke against the resolution and moratorium: Rhonda Hauff, Chief Operating Officer of Neighborhood Health; Nathan Poehl, with Neighborhood Health Services; Anita Monoian, CEO of Neighborhood Health Services; Karen Pitts; Kelly Penfold; Linda Murray; Ester Huey; Janet McCann Harris; Darlyn White; John Probst; Joey Anderson; Pastor Dave Hansen; Rev. Ernie Harrelson; Jean Scheide; Marty Miller; Diana McClaskey; Elizabeth Angland; Ryan Michael Van Gillen; Michael Morales; and Roberto Dominguez. The following City residents spoke in favor of the resolution: Miguel Oliveras and Maud Scott. Mayor Cawley closed the public hearing. After Council discussion, The City Clerk read the resolution by title. RESOLUTION NO. R- 2014 -139, A RESOLUTION adopting Findings of Fact supporting a six - month moratorium, enacted October 21, 2014 pursuant to Ordinance No. 2014 -027, prohibiting the filing, receipt, processing and approval of land use applications for establishment and operation of mission, community center, boarding house, comprehensive community health center, and multi - purpose community center uses within the SCC Small Convenience Center zoning district; exempting land uses for which a complete application was pending on the effective date of the moratorium or which were legally in existence at such time or are otherwise Page 3 of 6 139' • exempt pursuant to RCW 35.21.915; directing development of comprehensive zoning and business regulations for such uses; providing that the moratorium shall be in existence through May 19, 2015. Motion: Dittmar moved and Ettl seconded to adopt the resolution. The motion carried by a 4- 3 vote with Cawley, Coffey and Ensey voting no. 8. Closed Record Public Hearing and Ordinances on the 2014 Comprehensive Plan Map and Text Amendments and Concurrent Rezones Senior Planner Valerie Smith briefed Council on the Comprehensive Plan Amendments. Planning Commission Chair Fonfara noted the Planning Commission met several times regarding these amendments and there was no opposition from any neighbors. Mayor Cawley opened the public hearing. Bill Hordan, City resident, spoke in support of amendments 1, 2 and 3. He thanked staff and the Planning Commission for their hard work on this issue. Pastor Kevin Deyette of Restoration Church, City resident, thanked Council for the work they are doing and encouraged their support for the community garden amendment. Pastor Dave Hansen, City resident, spoke in favor of community gardens. Mayor Cawley closed the public hearing. Council Member Lover asked why there are regulations on a community garden. Senior Planner Smith explained this is needed in order for the community gardens to be located on vacant property. There was discussion involving the requirement for a Memorandum of Understanding for community gardens, which will help the City with any issues related to the gardens. After further Council discussion, The City Clerk read the ordinances by title. ORDINANCE NO. 2014 -029, AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima as follows: changing the classification of the property located in the vicinity of Highway 12 & North Avenue, Assessor's tax parcel numbers 181312 - 33001, - 33002, and 181313 - 22001, from Regional Commercial to Industrial; and changing the classification of the property located in the vicinity of East Viola Avenue, Assessor's tax parcel numbers 191330 - 41453, - 41457, - 41458, from Medium Density Residential to General Commercial; and changing the classification of the property located at 402 North Avenue, Assessor's tax parcel number 181324- 12469, from High Density Residential to General Commercial. • ORDINANCE NO. 2014 -030, AN ORDINANCE relating to the regulation of Community Gardens and establishing land use and development standards in several sections of the Yakima Municipal Code (YMC) Title 15 Urban Area Zoning Ordinance ORDINANCE N O. 2014 -031, AN ORDINANCEconcerning land use regulation and planning and rezoning three parcels of property located in the vicinity of Highway 12 and North 16th Avenue from Large Convenience Center (LCC) to Light Industrial (M -1) as more fully described herein, and approving the recommendation of the Planning Commission for the City of Yakima regarding the same; Plymouth Ranch, LLC, applicant herein. ORDINANCE NO. 2014 -032, AN ORDINANCE concerning land use regulation and planning and rezoning three parcels of property located off of East Viola Avenue, Two - Family Residential (R -2) to General Commercial (GC) as more fully described herein, and approving the recommendation of the Planning Commission for the City of Yakima regarding the same; Jason Page 4 of 6 140 Galloway, applicant herein. ORDINANCE NO. 2014 -033, AN ORDINANCE concerning land use regulation and planning and rezoning one parcel of property, located at 402 North 5th Avenue, from Multi - Family Residential (R -3) to General Commercial (GC) as more fully described herein, and approving the recommendation of the Planning Commission for the City of Yakima regarding the same; Sergio Badillo, applicant herein. Motion: Ensey moved and Adkison seconded to pass the ordinances. The motion carried by unanimous vote. 9. Public Hearing pertaining to Ad Valorem Taxes to be levied for collection in Fiscal Year 2015 Finance and Budget Director Epperson briefed Council on the ordinances. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. After Council discussion, The City Clerk read the ordinances by title only. ORDINANCE NO. 2014 -034, AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2015 regular levy up to 101% along with new construction, annexation, refunds and growth in state - assessed property values from the amount levied the previous year. Motion: Ettl moved and Adkison seconded to pass the ordinance. The motion carried by a 5- 2 vote with Ensey and Lover voting no. ORDINANCE NO. 2014- 035, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 2015 Budget for the City of Yakima. Motion: Ettl moved and Adkison seconded to pass the ordinance. The motion carried by a 5- 2 vote with Ensey and Lover voting no. 10. First Public Hearing on the proposed 2015 Revenue and Expenditure Budget for the City of Yakima City Manager O'Rourke briefly discussed the budget. Council Member Ensey noted is appreciation for how the budget process is handled compared with past process. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. He noted the final public hearing for the budget is scheduled for December 2, 2014. CITY MANAGER REPORTS 11. Consideration of a Proposed Community Court City Manager O'Rourke briefed Council on the proposed Community Court and invited Council to attend a site visit to the Spokane Community Court in January. Council members spoke in support of this project, as well as having an assessment conducted. 12. Future Comprehensive Plan Amendment Schedule Senior Planner Valerie Smith briefed Council on the Comprehensive Plan changes. 13. Resolution authorizing an Interlocal Agreement with Union Gap, WA for the City of Yakima to provide Fire Protection Services Page 5 of 6 141 City Manager O'Rourke briefed Council on the contract. He stated this contract will provide a more consistent level of service to the community with nine Union Gap firefighters transferring to the City of Yakima. However, the fire trucks will retain the Union Gap logo. This will be a trial . contract, which could result in a long -term agreement. • City Attorney Cutter explained Union Gap Council initially passed this contract; however, some minor revisions were suggested and it will be addressed at their next Council meeting. The City Clerk read the resolution by title. RESOLUTION NO. R- 2014 -140, A RESOLUTION approving and authorizing the City manager to execute an interlocal agreement between the City of Yakima and City of Union Gap for fire protection and emergency medical services. Motion: Ensey moved and Coffey seconded to adopt the resolution. The motion carried by a . unanimous vote. 14. Other Business None. 15. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on December 2, 2014 at 6 p.m. in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 8:43 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY !I -t2 COUNCIL MEMBER DATE OU CIL1 3 :i R DATE AT ST: • 41194/ aw. 4 ,� I , CITY CLERK , Z % =1 1 � AYJR iG> * * yx � -A \ 300000 :1 5 • Page 6 of 6