HomeMy WebLinkAbout11/18/2014 Business Meeting/Executive Session 136
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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