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Home My WebLink About11/15/2011 Business Meeting 115 YAKIMA CITY COUNCIL NOVEMBER 15, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session • Collective Bargaining Executive Session was held and adjourned at 5:30 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Cooper, City Attorney Cutter and Acting City Clerk Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations - -none B. Presentations /recognitions /introductions D Yakima Housing Authority Annual Report • Bob Wardell and Lowell Krueger presented the Council with the Yakima Housing Authority's 2010 Annual Report. Mr. Krueger outlined the Housing Authority's plans for rehabilitation of their housing units and requested a letter of support from the Mayor. Mayor Cawley received Council support and agreed to the request. C. Status reports on prior meeting's citizen service requests - -none D. Appointments to Boards, Commissions and Council Committees - -none 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED AND ENSEY SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by 116 NOVEMBER 15, 2011 unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Consideration of approval of City Council Meeting Minutes • Adjourned Meeting /Study Session — October 11, 2011 • Business Meetings — October 18 and November 1, 2011 The minutes of the October 11, 2011 Adjourned Meeting /Study Session and October 18 and November 1, 2011 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. *B. Consideration of approval of Council Committee Meeting Minutes • Gang Free Initiative Steering Committee — October 6, 2011 • Neighborhood Development Committee — November 2, 2011 The Council Committee meeting minutes were approved. 5. Audience Participation • Bob Haak and Lynn Harden (913 Pleasant Avenue) spoke against the City imposing a utility tax increase and car tab fee. Bill Duerr, 3206 W Yakima Avenue, asked about a response to his question at the last council meeting regarding Barge /Chestnut traffic issues. The City Manager will respond. Riley Livingston spoke in favor of keeping the City pools open. Greg Weedin, 5106 Madera Way, questioned why the Fire Department is dispatched to every car accident. Assistant Mayor Coffey responded there are many reasons and will request a written answer to the question. 7:00 P.M. — PUBLIC HEARINGS 6. Closed record public hearing and consideration of an Ordinance to adopt the City of Yakima Planning Commission's recommendation on amendments to the City of Yakima's Municipal Code Title 15 Urban Area Zoning Ordinance (please bring material previously distributed) Jeff Peters, Associate Planner briefed the Council on the City of Yakima Planning Commission's recommendation on amendments to the Urban Area Zoning Ordinance. Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the ordinance by title; COFFEY MOVED AND ENSEY SECONDED TO PASS THE ORDINANCE. The motion carried by a unanimous roll call vote. ORDINANCE NO. 2011 -52, AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 2 • 117 NOVEMBER 15, 2011 of the City of Yakima Municipal Code: 15.02.020, 15.03.020, 15.03.030, 15.04.030, 15.04.060, 15.05.020, 15.05.030, 15.06.040, 15.09.070, and 15.28.025. 7. Public hearing to consider the 2012 Proposed Budget City Manager Cooper summarized the proposed budget. Mayor Cawley opened the public hearing. Leanna Rodriguez, 710 S. 13 Avenue # 2, read a letter submitted by Doug Lemon stating he does not want the City to eliminate a budget shortfall by imposing higher taxes. Robert Owen (614 N 3rd Street) and Gene Paz spoke against raising taxes. Charles Noel believes the Council should not start any new projects given the status of the budget. Mayor Cawley closed the public hearing and reiterated Council will be taking testimony at the November 29, 2011 public hearing regarding budget revenue alternatives. Council Member Ettl noted he is taking public opinion through the call -in option at KIT radio. The straw poll vote on raising taxes is 2 -1 in favor of living within our means and not raising taxes. Council Member Edler asked what the sample number for the opinion poll is. Council Member Ettl responded it is approximately 70 people, although they are continuing to take calls daily. 8. Public hearing to consider the 2012 Ad Valorem (property) tax Deputy Director of Accounting and Budgeting Epperson briefed Council on the Ad Valorem Tax. She noted the increase would amount to $4 annually on a $150,000 assessed home, which would generate $163,000 annually for the City. City Manager Cooper observed raising the tax 1% has been the practice at the City, and if they chose not to implement this, there would be further reductions in the budget. Council Member Ettl noted there was a year when the City did not implement the 1 increase. Ms. Epperson responded it was a year when the CPI index was in the negative. Council Member Ettl questioned if this was not implemented, where would the reductions come from. City Manager Cooper responded pursuant to the Priorities of Government Model, the cuts would be primarily from Police and Fire, which would mean active layoffs. Mayor Cawley opened the public hearing and with no one coming forward to speak, closed it. Council Member Edler feels the City needs to have a conversation with the community about the change in direction regarding revenues. The City Clerk read the ordinance by title; CAWLEY MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by a 5 -2 roll call vote, Edler and Ensey voting no. 3 118 NOVEMBER 15, 2011 A) ORDINANCE NO. 2011 -53, AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2012 regular levy up to 101% along with new construction, annexation and growth in state - assessed property values from the amount levied the previous year. The City Clerk read the ordinance by title; CAWLEY MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by a 5 -2 roll call vote, Edler and Ensey voting no. B) ORDINANCE NO. 2011 -54, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 2012 Budget for the City of Yakima. CITY MANAGER REPORTS 9. Resolution expressing the intent to establish a Downtown Yakima Business Improvement District (DYBID); if adopted, Resolution setting date of public hearing to consider approval of an ordinance establishing a DYBID to allow for the collection of special assessments from downtown Yakima business owners and operators as set forth in the Resolution Mayor Cawley reported after holding a public meeting at the Seasons and discussing the issue with several involved parties, he has slightly revised the Resolution regarding the DYBID. He feels this new proposal would take the politics and personalities out of the equation. It would also create a City- formed advisory committee or oversight board, which would maintain a link between the Council and the ratepayers. In addition to the oversight board, the business license assessment would stay at $100 rather than the $125 proposed in the renewal campaign. The City would still take bids for contracting service. The assessment would continue unless the Council decides to disband or review it, based upon the oversight board, which eliminates the renewal of the assessment every few years. City Attorney Cutter reminded Council it takes Council action to eliminate the assessment. Council Member Ensey noted he likes the new proposal; however he doesn't believe in imposing it councilmanically. Mayor Cawley noted the oversight board can also make recommendations, which the Council could then change on the assessment. He feels reverting to the original assessment implemented three years ago will provide more chance of acceptance. Mark Peterson, 1191 Maple Way Road, stated this is a good first step as this will give the ratepayers more of a voice. He also believes the "purple shirts" did not reduce crime in the area by 35 percent - -he attributes it to the lighting. Richard Parker, 415 W. Walnut, believes the boundaries should be cut in half. He recommended reducing the area to 38 blocks and cover Yakima Avenue from 7th Street to 7 Avenue, where he believes the most service was provided. He thinks property owners should take care of their own graffiti and trash removal, sweeping and weeding as he does with his property. 4 11,9 NOVEMBER 15, 2011 Council Member Edler feels the 10 -day notification of the hearing provides the affected ratepayers a chance to rally support or opposition. This is an incredible asset in which the tax payers have invested heavily. Council Member Lover questioned if they could make revisions when the Ordinance is up for consideration. City Attorney Cutter responded they could. The City Clerk read the resolution by title; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 5 -2 roll call vote; Ensey and Lover voting no. RESOLUTION NO. R -2011 -162, A RESOLUTION of the City Council of the City of Yakima expressing the intent of the Council to establish a new Downtown Yakima Business Improvement District (hereinafter DYBID) in the recently disestablished DYBID, for the purpose of collection of special assessments from Yakima downtown business owners and operators for the specific purposes set forth in this resolution of said intent. The City Clerk read the resolution by title EDLER MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 6 -1 roll call vote; Ensey voting no. RESOLUTION NO. R- 2011 -163, A RESOLUTION of the City Council of the City of Yakima initiating the establishment of a new Downtown Yakima Business Improvement District (hereinafter DYBID) in the recently disestablished DYBID, for the purpose of collection of special assessments from Yakima downtown business owners and operators for the specific purposes set forth in this resolution of said intent; and setting the date, time and location for a public hearing to consider said establishment. December 6, 2011 was set as the date of a public hearing to consider establishing the proposed Downtown Yakima Business Improvement District. 10. Resolution authorizing execution of a contract amendment with the Committee for Downtown Yakima (CDY) to continue certain clean and safe services through December 31, 2011 Public Works Director Chris Waarvick briefed the Council on the proposed contract with the Committee for Downtown Yakima (CDY). Council Member Edler noted the money is in the account from parking fine fees, they have added another City parking lot by the Barrel House for CDY to maintain, and this would assist in clean -up efforts of City properties through the remainder of the year. Council Member Ettl suggested the City take care of this issue and they could use this funding for marketing of the DYBID. The City Clerk read the resolution by title COFFEY MOVED EDLER SECONDED TO ADOPT THE RESOLUTION. The motion carried by a 6 -1 roll call vote, Ettl voting no. RESOLUTION NO. R- 2011 -164, A RESOLUTION authorizing the City Manager's execution of Amendment No. 1 to CDY AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington (Agreement), City Contract number 2011 -23, providing for the payment of Eight Thousand Five Hundred Dollars ($8,500.00) of additional funds from downtown parking revenues to the 5 20 NOVEMBER 15, 2011 Committee For Downtown Yakima (CDY) to maintain CDY's downtown services contract expiration on December 31, 2011. *11. Resolution to initiate the process to re -form a Parking and Business Improvement Area (PBIA) and setting a date of public hearing for December 6, 2011 on reformation of a PBIA for the North Front Street area of downtown Yakima RESOLUTION NO. R- 2011 -165, A RESOLUTION expressing the Yakima City Council's intent to re -form a parking and business improvement area (hereinafter "PBIA "); and setting December 6, 2011, as the date for a public hearing on reformation of said PBIA in the North Front Street area of downtown Yakima. December 6, 2011 was set as the date of public hearing to consider reformation of a parking and business improvement area in the North Front Street area of Downtown Yakima. *12. Resolution authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of $100,000 or Tess RESOLUTION NO. R- 2011 -166, A RESOLUTION authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims. *13. Resolution authorizing execution of an extension of an existing operating contract and lease agreement extension with TC Transportation to provide another month of paratransit services RESOLUTION NO. R- 2011 -167, A RESOLUTION authorizing the City Manager to execute an extension of an existing operating contract and lease agreement with TC Transportation to continue to provide paratransit services on a month -to -month basis. *14. Resolution declaring surplus and authorizing the sale /auction of a 2010 Ford F150 4x4 pickup truck RESOLUTION NO. R- 2011 -168, A RESOLUTION declaring a 2010 Ford F150, 4x4 Pickup (License # 50052D, Vehicle Identification Number 1FTFW1EV1AFB65881) to be surplus to the needs of the City of Yakima and the Police Narcotics Unit, and authorizing sale of said vehicle by whatever means determined appropriate by the City Manager, such as "e- bay ", local auction, sealed bid, or trade -in. *15. Resolution authorizing execution of a professional services contract to secure a Hearing Examiner to preside over park exclusion appeals RESOLUTION NO. R- 2011 -169, A RESOLUTION authorizing the City Manager to execute a Professional Services Contract to secure a Hearing Examiner to preside over park exclusion appeals. *16. Resolution authorizing the Department of Community and Economic Development to implement a policy regarding temporary emergency cold 6 121 NOVEMBER 15, 2011 weather shelters in the City of Yakima from November 15, 2011 through March 15, 2012 RESOLUTION NO. R -2011 -170, A RESOLUTION authorizing the City of Yakima Department of Community and Economic Development to implement a policy regarding temporary emergency cold weather shelters in the City of Yakima, and providing that such policy shall be valid from November 15, 2011 through March 15, 2012. *17. Set date of public hearing for November 29, 2011 at 7:00 p.m. to discuss budget revenue options November 29, 2011 was set as the date of a public hearing to consider budget revenue options. ORDINANCES *18. Ordinance amending the annual base rate of the stormwater fee and amending Sections 7.80.110 of the City of Yakima Municipal Code ORDINANCE NO. 2011 -55, AN ORDINANCE relating to the stormwater fees for the Storm Drainage and Surface Water Management Utility; amending the annual base rate of the stormwater fee; and amending Sections 7.80.110 of the City of Yakima Municipal Code to reflect said fee. *19. Ordinance revising various wastewater rates, fees and charges and amending Chapter 7.58 Wastewater Connection Charge of the Yakima Municipal Code ORDINANCE NO. 2011 -56, AN ORDINANCE of the City of Yakima relating to wastewater rates, fees, and charges; adjusting various wastewater rates, fees and charges; amending Sections 7.58.010, 7.58.020, 7.58.030, 7.58.040, and 7.58.090 of the Yakima Municipal Code; adding Section 7.58.035; deleting Sections 7.58.050, 7.58.060, 7.58.070, 7.85.075 and providing related matters. 20. Other Business • As the liaison to the Airport, Council Member Edler notified Council that he met with representatives from Yakima County and the Airport earlier in the day to discuss the Airport budget. The Airport is having cash flow difficulties and Yakima County has determined they will guarantee a $25,000 loan if the City will agree to guarantee $12,500 of the loan should the Airport default. Additionally, the County's finance division will be working with the Airport to assist them in reorganizing their accounting and financial practices. The City Manager explained a formal document will need to be prepared. EDLER MOVED AND ADKISON SECONDED TO BEGIN DISCUSSION WITH THE COUNTY ON THE PAPERWORK REQUIRED TO BE A GUARANTOR ON THIS $25,000 LOAN TO THE AIRPORT. The motion carried by a unanimous roll call vote. • Mayor Cawley requested the City Manager encourage employees not to contribute to the perception that government employees do not work hard. 21. Adjournment 7 122 NOVEMBER 15, 2011 COFFEY MOVED AND EDLER SECONDED TO ADJOURN TO NOVEMBER 29, 2011 AT 7:00 P.M. IN THE COUNCIL CHAMBERS FOR A PUBLIC HEARING REGARDING BUDGET REVENUE OPTIONS. The meeting adjourned at 7:52 p.m. THE NEXT COUNCIL BUSINESS MEETING IS DECEMBER 6, 2011 AT 6:00 P.M. IN THE COUNCIL CHAMBERS. READ AND CERTIFIED ACCURATE BY \ . ar :4 '_•_ t �_ CoU CIL P ATE >r / 1 L-F-.3\f" at -- 2d - 1 (COUNCIL MEMBER DATE p,KI N Jr EST 1 4 1 / ate ►_ ,� . _ � i CITY CL -RK MICA -CAW Y, MAYOR \-l),MinutiNcprec .• ed by Sonya Claar Tee. A CD and DVD of this meeting are available in the City Clerk's Office 8