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HomeMy WebLinkAbout12/01/2015 Business Meeting308 YAKIMA CITY COUNCIL December 1, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearings 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: Interim City Manager Cutter, Acting City Attorney Kunkler and Acting City Clerk Stephens 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Presentations / Recognitions / Introductions i. Oath of Office for Interim City Manager Jeff Cutter Acting City Clerk Stephens administered the Oath of Office to Interim City Manager Cutter. 4. Council Reports None. 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. Item 17 (now 5k) was added to consent agenda and item 5b (now 16) was removed from the consent agenda. 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 Adkison seconded to approve the consent agenda. The motion carried by unanimous vote. A. 3rd Quarter 2015 Accounts Receivable Status Report B. 3rd Quarter 2015 Financial Trend Monitoring System Page 1 of 10 309 C. Project Completion and Contract Acceptance for Specialized Pavement Marking, Inc. - Project 11050C Terminal Apron Rehabilitation (Standard Motion V -B -Accept the project and approve) D. Resolution authorizing certain uncollectable parking citations to be written off RESOLUTION NO. R-2015-145, A RESOLUTION authorizing the write-off of certain uncollectable parking citations and penalties for the City of Yakima. E. Resolution authorizing certain uncollectable central accounts receivables to be written -off RESOLUTION NO. R-2015-146, A RESOLUTION authorizing the write-off of certain uncollectable central accounts receivables for the City of Yakima. F. Resolution authorizing the write off of certain uncollectable delinquent utility accounts receivable funds RESOLUTION NO. R-2015-147, A RESOLUTION authorizing the write-off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. G. Resolution authorizing 2016 Animal Control Contract between the City of Yakima and Yakima Humane Society RESOLUTION NO. R-2015-148, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Animal Control Agreement with the Humane Society of Central Washington for the year 2016 H. Resolution authorizing Public Defender Agreement with Troy Lee & Associates RESOLUTION NO. R-2015-149, A RESOLUTION authorizing and directing the City Manager and City Clerk to execute the Public Defender Agreement with Troy Lee and Associates. Resolution authorizing the execution of an Intergovernmental Agreement with Yakima County Fire District #11 for the acquisition and use of a water tender truck RESOLUTION NO. R-2015-150, A RESOLUTION authorizing the City manager to execute and administer an intergovernmental agreement between Yakima County Fire District No. 11 and City of Yakima for acquisition and use of a water tender truck for fire suppression services. J. Resolution authorizing a Memorandum of Understanding with the Yakima Police Patrolman's Association extending the term of the Assigned Police Vehicle (APV) program RESOLUTION NO. R-2015-151, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding between the City of Yakima and the Yakima Police Patrolman's Association extending the Assigned Police Vehicle (APV) program agreement through December 31, 2019. K. Resolution approving an agreement with People for People to provide evidence based programming and/or activities in conjunction with the Yakima Gang Free Page 2 of 10 310 Initiative Youth and Family Development Center RESOLUTION NO. R-2015-153, A RESOLUTION approving an agreement with People for People to provide evidence based programming and/or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center, and authorizing and directing the City Manager of the City of Yakima to execute and administer such agreement, with effective date to be January 1, 2016. 6. Audience Participation Tom Allen, non resident, congratulated Assistant Mayor Coffey, Council Members Adkison and Lover on their new terms. He discussed the proposed budget regarding dangerous buildings and believes some structures listed could be rehabilitated. Carl Pasten, City resident and Executive Director of Yakima Valley Trolleys, representing the Trolleys provided an update on Trolley activities and requested additional funding before Council approves the 2016 budget. PUBLIC HEARINGS 7 Final public hearing to consider citizen comments on the proposed 2016 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Fund Programs ONDS Manager Matthews briefed Council on the Plan. Mayor Cawley opened the public hearing. Tom Allen, non-resident, wondered if any of CDBG funding would be available to rehab the dangerous buildings. Mr. Matthews will discuss the funding process with Mr. Allen. The City Clerk read the resolution by title only. RESOLUTION NO. R-2015-152, A RESOLUTION adopting the HUD mandated 2016 Annual Action Plan for the City of Yakima. MOTION: Dittmar moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 8. Second public hearing on the proposed 2016 Revenue and Expenditure Budget for the City of Yakima Finance and Budget Director Epperson briefed Council on the updates to the budget from the last meeting. Mayor Cawley opened the public hearing Carl Pasten, Executive Director of Yakima Valley Trolleys, asked if there is any extra revenue for the Trolleys. Mayor Cawley noted they would have to take funding away from another source. Mr. Pasten asked if he would be eligible to serve on the Lodging Tax Committee. Mayor Cawley stated he believes he would be. Tom Allen, non-resident, asked if any of the funding allocated to demolish buildings could be cut in half to in order to rehabilitate some houses. Page 3 of 10 311 Acting City Attorney Kunkler noted the houses at the bottom of the list are on a monitoring list, not a demolish list, and providing funding to private home owners is a gift of public funds and is illegal. Council Member Lover stated on page 10 there is a citizen survey and an employee survey and it should be an every other year process. Council Member Ettl believes this is not good timing with new council members beginning in January. Council MemberAdkison feels the new Council should have this in 2016 and begin every other year after that. MOTION: Lover moved and Dittmar seconded that both surveys be removed from the 2016 budget and moved to the 2017 budget to make it an every other year process. The motion failed by a 5-2 vote with Dittmar and Lover voting yes. Council Member Lover would like to remove the Neighborhood Partnership issue from the 2016 budget to let the new Council members and City Manager have more input on the issue. MOTION: Lover moved and EttI seconded to remove the Neighborhood Partnership positions from the 2016 budget. The motion failed by a 4-3 vote with Dittmar, Ettl and Lover voting yes. The budget will be brought back for adoption at the December 8, 2015, Business meeting. 9. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning text amendments to the Yakima Urban Area Zoning Ordinance, YMC Title 15 Jeff Peters, Supervising Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-036, AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020. MOTION: Coffey moved and EttI seconded to pass the ordinance. The motion carried by unanimous vote. 10. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Elves Family Investments (CPA#001-15, RZ#001-15), changing the classification of the property located in the vicinity of W Nob Hill Blvd and S 40th Ave Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Darrel Elves, non-resident, spoke in support of the ordinance. Page 4 of 10 312 The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-037, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of the property located in the vicinity of South 40th Avenue & Nob Hill Boulevard, from High Density Residential to Neighborhood Commercial, and rezoning from Multi -Family Residential (R-3) to General Commercial (GC) as more fully described herein. MOTION: Dittmar moved and Adkison seconded to pass the ordinance. The motion carried by unanimous vote. 11. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Larry Hull (CPA#002-15, RZ#002-15), changing the classification of the property located at 304 Division Street Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Larry Hull, City resident, spoke in support of the ordinance. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-038, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of the property located at 304 Division Street, from Industrial to General Commercial, and rezoning from Light Industrial (M-1) to General Commercial (GC) as more fully described herein. MOTION: Coffey moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote. 12. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Super Cold Storage, LLC (CPA#003-15, RZ#003-15), changing the classification of the property located in the vicinity of River Rd & N 16th Ave Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Bill Hordan, Hordan Planning, spoke in support of the ordinance on behalf of the applicant. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-039, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of the property located in the vicinity of N. 16th Avenue and River Rd, from Regional Commercial to Industrial, and rezoning from Large Convenience Center (LCC) to Light Industrial (M-1) as more fully described herein. Page 5 of 10 313 MOTION: Coffey moved and Adkison seconded to pass the ordinance. The motion carried by unanimous vote. 13. Public hearing and ordinance to consider the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Westwood West Corp. (CPA#006-15, RZ#006-15), changing the classification of the property located in the vicinity of S. 64th Ave & Tieton Drive Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Bill Hordan, Hordan Planning, spoke in support of the ordinance on behalf of the applicant. He referenced the neighbors concerns and feels they took care of most concerns by buffering the neighbors with an R-1 zone. Angela Watts, Assistant Superintendent, West Valley School District, expressed her concern with the growth and the school districts' ability to handle the capacity. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-040, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of sixteen parcels located in the vicinity of 64th Avenue and Tieton Drive, from Low Density Residential to Professional Office, Regional Commercial, Medium Density Residential and High Residential, and rezoning from Single -Family Residential (R-1) to Professional Business (B-1), Small Convenience Center (SCC), Two -Family Residential (R-2), and Multi -Family Residential (R-3) as more fully described herein. MOTION: Dittmar moved and Ettl seconded to pass the ordinance. The motion carried by unanimous vote. 14. Public hearing and ordinance consideration of the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Cottonwood Partners, LLC (CPA#007-15, RZ#007-15), changing the classification of the property located in the vicinity of S. 64th Ave & Occidental Rd Jeff Peters, Supervising Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Tom Durant, Durant Services, spoke in support of the ordinance. He stated they have been through the SEPA process, public hearings and the Planning Commission at which the West Valley School District did not participate. Angela Watts, Assistant Superintendent, West Valley School District, stated they have a concern with R-3 zoning and the ability to handle the growth of new students. They understand there could be up to 1,500 new students if this application and two others are approved. Mr. Peters stated notices were mailed to Angela Watts at West Valley School District. He Page 6 of 10 314 understands the School District has other options such as bonds and redistricting and reported the Planning Commission recommended the rezone. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-041, AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use and Zoning Maps of the City of Yakima as follows: changing the classification of the properties located at 2309 S. 64th Ave., Assessor's Tax Parcel Numbers: 18120513009 and 18120511001, from Low and Medium Density Residential (Future Land Use) and Single -Family (R-1) and Two -Family (R-2) Residential (Zoning) to High Density Residential (Future Land Use) and Multi -Family Residential (R-3) (Zoning). MOTION: Dittmar moved and Ettl seconded to pass the ordinance. The motion carried by 6-1 vote, Lover voting no. 15. Public hearing and ordinance consideration of the Yakima Planning Commission's recommendation concerning a comprehensive plan amendment and rezone request submitted by Johnson Family Century 21, LLC (CPA#009-15, RZ#009-15), changing the classification of the property located in the vicinity of SummitviewAve & N. 52nd Ave Valerie Smith, Senior Planner, briefed Council on the ordinance. Mayor Cawley opened the public hearing. Bill Hordan, Hordan Planning, spoke in support of the ordinance on behalf of the applicant. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-042, AN ORDINANCE concerning land use regulation, comprehensive planning, and amending the Future Land Use Map and Zoning Map of the City of Yakima as follows: changing the classification of property located in the vicinity of 56th Avenue and SummitviewAvenue, from Medium Density Residential to Neighborhood Commercial, and rezoning from Two -Family Residential (R-2) to Local Business (B-2) as more fully described herein. MOTION: EttI moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote. CITY MANAGER REPORTS 16. 3rd Quarter 2015 Capital Improvement Projects Report Phil Hogue, City resident, asked for further scrutiny on the William O. Douglas trail. Mayor Cawley instructed staff to meet with Mr. Hogue. MOTION: Adkison moved and EttI seconded to approve the report. The motion carried by unanimous vote. 17. Resolution approving Amendment to the Southeast Yakima Community Center Operating Agreement with OIC regarding 2015 Service Fee This item was postponed. Page 7 of 10 315 18. Resolution authorizing a professional services agreement for investigation services with Russ Perisho Senior Assistant City Attorney Harvey briefed Council on the agreement. Mr. Perisho described his work experience as an employment lawyer focusing on workplace investigations. Council Member Ensey stated he has always been in favor of an outside investigator and asked how other cities handle this. City Attorney Cutter noted many cities hire an outside investigator. Although the Washington State Patrol may investigate a criminal matter, but not a regular employment issue. The City Clerk read the resolution by title only. RESOLUTION NO. R-2015-154, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services agreement for investigation services with Russ Perisho. MOTION: Dittmar moved and Ettl seconded to adopt the resolution. The motion carried by unanimous vote. 19. Resolution providing for both repeal of prior Resolution No. R-2008-158 relating to the Lodging Tax Advisory Committee; and further providing for establishing a'Lodging Tax Advisory Committee with nine members; and Consideration of Motion to reappoint the current members of the Lodging Tax Advisory Committee. Senior Assistant City Attorney Harvey briefed Council on the issue. John Cooper, Yakima Valley Tourism, introduced Lodging Tax Committee Member Sara Allen from the Ledgestone and noted they have submitted applications for reappointment and recommended the applicants be reappointed to this Committee. He noted the Committee met recently and believes seven members is sufficient. Sara Allen noted the Lodging Association prefers the Committee be kept to seven members. Council Member Lover feels it should be increased to nine members and include the Washington State Fair/SunDome. Assistant Mayor Coffey noted in her previous job with the Visitor Center, she helped draft the legislation. She reported the City collects the tax through the hotels in the City limits and the funding is for maintenance and support of City owned facilities. The SunDome is owned by the County, which also collects lodging tax in the City of Yakima and does not pay to operate and maintain any City facilities or even the SunDome. She believes Council should listen to the lodging partners on this issue and keep the Committee to seven members. The City Clerk read the resolution by title only. RESOLUTION NO. R-2015-155, A RESOLUTION providing for both repeal of prior Resolution No. R-2008-158 relating to establishing a Lodging Tax Advisory Committee; and further providing for establishing a Lodging Tax Advisory Committee for the City of Page 8 of 10 316 Yakima, establishing procedures for appointment of the members of the Advisory Committee and for meetings of the Advisory Committee, and specifying the duties of the Advisory Committee. MOTION: Lover moved and Dittmar seconded to adopt the resolution. The motion carried a 4-3 by vote, Ensey, Coffey and Adkison voting no. MOTION: Dittmar moved and EttI seconded to reappoint John Cooper and Sara Allen to this Committee. The motion carried by unanimous vote. ORDINANCES 20. Ordinance making annual updates to YMC 9.70 - Special Events and Parades Economic Development Manager Hawkins briefed Council on the ordinance. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-043, AN ORDINANCE relating to special events; amending Chapter 9.70 of the Yakima Municipal Code regarding permitting and administration of special events. MOTION: Ettl moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote. 21. Other Business Mayor Cawley distributed an agreement regarding compensation for Interim City Manager Cutter as he takes the responsibility of this position and suggested a 30 percent increase. Council Member Dittmar recommended paying him the same salary as City Manager. Council Member Lover stated there is a difference in the interim position. MOTION: Dittmar moved and EttI seconded to pay Interim City Manager Cutter the same salary as the previous City Manager. The motion carried by a 5-2 vote. Coffey and Ensey voting no. 22. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Special Council Meeting on December 7, 2015 at 6:30 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 8:50 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER U U ` DATE • COUNCIL MEMBER • DATE Page 9 of 10 1 317 Page 10 of 10