Loading...
03/06/2012 04A Draft Minutes 02-07-2012 Business MeetingYAKIMA CITY COUNCIL February 7, 2012 Council Chambers -- City Hall 5 PM Executive Session; 6 PM Business Meeting; 7 PM Public Hearings 9 « Back 25 Print EXECUTIVE SESSION 1. Roll Call Present: 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 5:53 p.m. BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: Interim City Manager Morales, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations None B. Presentations /recognitions /introductions Mayor Cawley introduced the Boy Scouts and several troops introduced themselves and stated which merit badge they are working towards. C. Status reports on prior meeting's citizen service requests Response to Glenda Phillips' question regarding the City's banking servicesat the City Council meeting January 17, 2012 Interim City Manager briefed the Council on the City's response. Glenda Phillips' thanked Council for following up on her request. She feels the City should not be doing business with Bank of America as she understands they have been convicted of criminal activity. She hopes the City will use pre -bid qualification procedures for future banking bid awards as they do at the government agency where she works. Page 1 of 8 D. Appointments to Boards, Commissions and Council Committees There are no appointments at this time; however, Mayor Cawley reminded everyone that applications are being accepted for the DYBID Elections Committee. Interim City Manager Morales suggested adding additional duties to the Elections Committee so work is not delayed in waiting for the Advisory Committee to be formed. 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. (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 Kathy Coffey. Approved. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey, , Ettl , Lover. A. Consideration of approval of City Council Meeting Minutes None B. Consideration of approval of Council Committee Meeting Minutes None C. 2011 4th Quarter Capital Improvement Projects Report The report was approved. D. 4th Quarter 2011 Claim Report and Resolution authorizing and approving 4th Quarter 2011 claims activity RESOLUTION NO. R- 2012 -16, A RESOLUTION accepting and approving the 4th Quarter 2011 Claims Reports for the City of Yakima. E. Final Contract Payment for Ken Leingang Excavating, Inc. for Carriage Hill Pump Station Decommission Project and Gravity Outfall Sewer Extension City Project No. 2234 (Standard Motion V -B- Accept the project and approve the final payment) The report from the City Engineer, dated 1112/12, with respect to the completion of the work on the Carriage Hill Pump Station Decommissioning, performed by Ken Leingang Excavating, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. F. Final Contract Payment for Ken Leingang Excavating, Inc. for Capitol Theatre Alley Repair - City Project - AS2332 (Standard Motion V -B- Accept the project and approve the final payment) The report from the City Engineer, dated 1/12/12, with respect to the completion of the work on the Capitol Theatre Alley, performed by Ken Leingang Excavating, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. G. Final Contract Payment for Leone, Keeble & Moen, a Joint Venture -- Capitol Theatre Production Center, City Project No.: 2284. (Standard Motion V -B - Accept the project and approve the final payment) The report from the City Engineer, dated 1/5/12, with respect to the completion of the work on the Capitol Theatre Production Center, performed by Leone Keeble & Moen Joint Venture, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. H. Ordinance amending Section 4.16.030 of the City of Yakima Municipal Code relating to Page 2 of 8 health and sanitation; concerning notice of abatement ORDINANCE NO. 2012 -05, AN ORDINANCE relating to health and sanitation; concerning notice of abatement, and amending Section 4.16.030 of the city of Yakima Municipal Code. I. Ordinance relating to the Fire Code; amending Section 10 05 025 (A) and (E) regarding responsibility for enforcement of the Uniform Fire Code pursuant to annual inspections ORDINANCE NO. 2012 -06, AN ORDINANCE relating to Fire Code; amending section 10.05.025(A) and (E) regarding responsibility for enforcement of the Uniform Fire Code and inspections undertaken pursuant to the Uniform Fire Code, respectively. J. Resolution authorizing Agreement with Fulcrum Environmental Consulting, Inc., for services required to remove two underground storage tanks at Fire Station No. 94. RESOLUTION NO. R- 2012.17, A RESOLUTION authorizing a Professional Services Agreement with Fulcrum Environmental Consulting, Inc., in an amount not to exceed $18,170, for services required to remove two 250 - gallon underground storage tanks at Fire Station No. 94. K. Resolution authorizing agreements pursuant to a loan application to the WA Department of Ecology State Revolving Fund for a 25% forgivable principal loan of $3,751,414 to fund capital improvement projects at the City's Wastewater Treatment Plant RESOLUTION NO. R- 2012 -18, A RESOLUTION authorizing the City Manager to execute documents and agreements pursuant to a loan and a grant offer from the Department of Ecology of 25% forgivable principle loan totaling $3,751,150 to fund capital improvement projects at the City's Wastewater Treatment Plant. L. Resolution authorizing an agreement regarding a loan from the Drinking Water State Revolving Fund totaling $3,514,800 for the Water Treatment Plant Backwash Storage Project RESOLUTION NO. R- 2012 -19, A RESOLUTION authorizing the City Manager to execute documents and agreements pursuant to a loan from the Drinking Water State Revolving Fund totaling $3,514,800. M. Resolution authorizing two Pipeline License Agreements with BNSF Railway for the City of Yakima's Industrial Waste Collection System within "H" St between Front St. and First Avenue RESOLUTION NO. R- 2012 -20, A RESOLUTION authorizing the City Manager to execute an agreement between BNSF Railway and the City of Yakima for two Pipeline Licenses (11 -0328 and 11 -0329) to allow installation of two Industrial Waste pipes under BNSF Railway right -of- way within "H" St. N. Resolution for an agreement with the City of Selah for Prisoner Housing RESOLUTION NO. R4012 -21, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Selah to allow the City of Yakima to house prisoners of the City of Selah at the Yakima City Jail. O. Resolution regarding Interlocal Agreement with Clallam Transit System for Leasing of Buses RESOLUTION NO. R- 2012 -22, A RESOLUTION authorizing the execution of an Interlocal Agreement with Clallam Transit System for state general purchase -lease of 2 transit buses from Clallam Transit to meet present needs of the City's transit services to Ellensburg. P. Resolution authorizing an Extension of an Interlocal Agreement with the City of Selah for the provision of Yakima Transit fixed -route and paratransit services within the City of Selah RESOLUTION NO. R- 2012 -23, A RESOLUTION authorizing and directing the City Manager of Page 3 of 8 the City of Yakima to execute an Extension of an Interlocal Agreement with the City of Selah for the provision of fixed -route bus and paratransit services within the borders of the City of Selah. Q. Resolution authorizing the City Attorney of the City of Yakima to consent to a settlement entered into by insurance company St. Paul Fire and Marine Insurance Company ( "Travelers ") to resolve and settle the lawsuit brought by Juan Antonio Hernandez Ortega. RESOLUTION NO. R- 2012.24, A RESOLUTION authorizing the City Attorney of the City of Yakima to consent to a settlement entered into by insurance company St. Paul Fire and Marine Insurance Company ( "Travelers ") to resolve and settle the lawsuit brought by Juan Antonio Hernandez Ortega. 5. Audience Participation *Charles Noel, 1101 N. 4th Street, complained about the federal government devaluing the money of our country. He also spoke against increasing car tab fees and complained about city employees having too many benefits and more pay than he has. He questioned the street, budget and Mayor Cawley noted the information is in the budget, which would be sent to him. *Candie Turner, 7800 W. Mead, welcomed Sara Bristol to the Council. She expressed safety concerns about center street blockers at 50th Avenue and Summitview Avenue's near Banner Bank, and at 64th Avenue and Nob Hill Boulevard. She commented that the City Council should choose Michael Morales as the next City Manager as he is very responsive and knowledgeable. *Bill Duerr, 3206 W. Yakima Avenue, noted he was speaking on behalf of Barge- Chestnut Neighborhood Association. He reiterated his previous request for the City Council to earmark street right -of -way vacation compensation from Memorial Hospital to be used for future traffic calming and other street projects in the Barge- Chestnut neighborhood. Council Member Coffey noted historically half of the amount will go into the street budget and the remainder in the City's budget. During these economic times, it would be difficult for the City to earmark all of it for one fund. Mayor Cawley stated the City has a good relationship with the Barge- Chestnut Association and plans to continue it. Mr. Duerr requested a letter from Interim Manager Morales indicating the City's plans for the area. It was Council consensus to send a response letter. *John Cooper, CEO of the Yakima Visitor and Convention Bureau, 322 S. 76th, reiterated the importance for the City to move as thoughtfully and rapidly as possible with the PBIA process. Mr. Cooper briefed Council on the activities of the Visitor and Convention Center and noted future bookings are looking solid. He distributed the Yakima Valley Visitor and Convention Bureaus 2011 Annual Report to the City Council. Council Member Coffey noted they are doing a wonderful job at the Convention Center. PUBLIC HEARINGS 6. Closed Record Public Hearing and Ordinance to consider the Hearing Examiner's recommendation on a project specific rezone requested by Richard Ehlers located at 724 N. 34th Avenue Associate Planner Jeff Peters briefed the Council on the Ehlers rezone and noted the Hearing Examiner and the Planning Department recommends approval of the rezone and ordinance. Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the ordinance by title. ORDINANCE NO. 2012-07, AN ORDINANCE relating to land use regulation and zoning; rezoning one parcel of property located at 724 North 34th Avenue, Yakima, Washington, from Two - Family Residential (R -2) to Multi - Family Residential (R -3), as more fully described herein; and approving the recommendation of the Hearing Examiner regarding the same; Richard Ehlers being identified as the applicant herein. Page 4 of 8 Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Passed. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey, , Ettl , Lover. 7. Closed record public hearing and Resolution for consideration of the preliminary plat of Englewood Ridge, Two Bluff's, LLC developers. Associate Planner Jeff Peters briefed the Council on the preliminary plat of EnglewoodRidge. Mayor Cawley opened and closed the public hearing with no one coming forward to speak. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -25, A RESOLUTION approving a preliminary long plat, for the Preliminary Plat of Englewood Ridge, a thirty-one lot subdivision, located in the vicinity of southwest corner of Englewood and N. 74th Avenues. Motion: Approve, Moved by Assistant Mayor.Maureen Adkison, Seconded by Council Member Kathy Coffey. Adopted. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey, , Ettl , Lover. 8. Transportation Benefit District (TBD) Public Hearing and Ordinance to hear from the public on the creation of a TBD, comprising the corporate limits of the City, to fund and complete the projects listed in the City's 5 -Year Failed Arterials Repair Program Public Works Director Chris Waarvick briefed the Council on the Transportation Benefit District (TBD), Mayor Cawley noted this is a work plan for street repairs Council Member Bristol met with the Street Division and prepared a list of streets that have higher traffic volumes, which she believes should be addressed first. Public Works Director Chris Waarvick explained Council can request changes and those could be heard under a public meeting at a future date. He noted Exhibit A meets the criteria of failed or soon -to -fail streets. Assistant Mayor Adkison questioned how they prioritize the street repairs from exhibit A with the more heavily traveled streets. Mr. Waarvick responded the initial plan was for $5 -6 million funded differently and this reflects a smaller budget. Mayor Cawley observed traditionally, the City used bonds to fund street repairs. Mr. Waarvick reported the last successful street bond was in the late 1980's and two other street bond measures in the 1990's failed. Mayor Cawley opened the public hearing and the following citizens spoke: *Lloyd Johnson, 4601 W. Powerhouse Road, spoke against the TBD car tab fee. *Rhonda Gabbard, 516 N. 23rd Avenue, spoke against the Council imposing a car tab fee as she believes the issue should be voted on by the community. *Bill Duerr, 3206 W. Yakima Avenue, spoke in favor of the car tab fee. *Clair Powell, 3003 Bonnie Doone, questioned what the consequences would be if the City did not repair the streets. Public Works Director Chris Waarvick responded by the end of a 10 -year period, the pavement condition index drops down to the 20's or less. They would only be patching potholes if the budget allowed. Mayor Cawley noted the cost of repair will only be more expensive. Ms. Powell stated if Council puts this to a vote and the public says no, then the City is out the election costs and they haven't made any progress. If a TBD can be a line to additional funding that can only be put into a district, maybe the state will assist. *Council Member Lover read former Mayor Clarence Barnett's opinion that he is against Council implementing a car tab fee. Mayor Cawley closed the public hearing. Streets and Traffic Operations Manager Joe Rosenlund described the rating process as a visual inspection assessing types of stresses, cracks, rutting, and then recording the information in a Page 5 of 8 pavement management program, a national standard program using complex mathematical formulas, which then reports the rating. Council Member Ensey believes roads are a government function. The question is how to pay for it. He believes the right way and the hard way is to carve out 1 % from the general fund budget and dedicate it exclusively to street maintenance They should set priority levels in every department to establish credibility with the voters. Council Member Ettl questioned if the City used the utility tax money to balance the budget. Interim City Manager Morales noted the utility tax went to restore some cuts already in the budget and to add additional police officers as directed by Council. The reduction of $300,000 in the 2010 budget was mandated by the budget model, which drove the percentage cuts including the street budget. If Council wants to carve out a percentage for streets, then they are in essence saying the model of budgeting and allocating would have to be set aside. Mayor Cawley would like to see how 1 % of the general fund budget would look in detail. He would like to continue the process and hear from the community as they may get buy -in for new funding sources or cuts from within. Council Member Ettl asked how 1 % of the general fund budget would affect the time -line for street repairs or how would $600,000 work vs. $1 million a year. Public Works Director Waarvick indicated he would rather wait and do repairs every other year and get more efficiencies of scale. Council Member Ettl remarked that Mr. Morales' assessment is accurate that there is potential for federal and state funding and it would seem establishing a district offers potential benefits in itself. Mayor Cawley questioned if the TBD is something they want to put in place. Council Member Ettl stated it can modified or they can use the existing list. The next question is do we fund it and how? If a $20 car tab isn't the vehicle, then they can look at other options. Council Member Bristol feels this is a band -aid solution. They have shown here tonight different ways to prioritize projects Exhibit A is not the way she would go and feels they are moving in the direction of $20 car tab fees. That is not a route she wants to take and these projects are not ones she wants to fund. Exhibit A is a list of arterials in bad shape, but it doesn't take into consideration the traffic volume. Some arterials are not used the most, and the new list takes traffic volume into consideration. Her priority is on roads which are traveled more. She feels the purpose of a district leads to car tab fees. If Council agreed to Council Member Ensey's plan for 1 % of the general fund budget, then they wouldn't need to establish a TBD. Council Member Coffey responded without the TBD, there wouldn't be any opportunities for grants or other assistance. She feels this would be a beneficial workshop discussion. Council Member Ettl advised they can establish a district without passing a tax. The City Clerk read the ordinance by title. ORDINANCE NO. 2012-08, AN ORDINANCE of the City of Yakima, Washington, relating to a Transportation Benefit District; establishing a Transportation Benefit District, specifying that the boundaries will coincide with the City boundaries; and specifying the transportation improvements to be funded by the district. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Passed. 4 -3. Council Members voting Aye- Adkison , Cawley, Coffey, Ettl. Council Members voting Nay, Bristol , Ensey, , Lover. Page 6 of 8 CITY MANAGER'S REPORTS 9. After - action Report on January 2012 Snow Event Mayor Cawley noted he was asked why the Street Division recently de -iced some streets. Streets and Traffic Operations Manager Joe Rosenlund reported they de -iced after the snow melt to prevent freezing of the moisture on the roads for safety purposes. Council Member Ettl questioned the overtime costs associated with the snow removal. Mr. Rosenlund noted it depends on the timing of the storms. For this storm, the first response was at 3:30 a.m. using crews on a stand -by list. As the storm kept going, they kept people working 24 hours a day in 16 -hour shifts. Public Works Director Chris Waarvick explained the City follows the Fair Labor Standard Act, and overtime is calculated as working more than 40 hours in a week, not more than 8 hours per day. Council Member Ettl asked how the snow removal budget is affected by budget cuts over the years if it can be depleted by one storm. Mr. Waarvick informed Council the last big storm system was in 1996, which was a bigger event. This was an intense storm for 4-5 days, which consumed the snow removal budget of $400,000. Historically, a normal event would be approximately $40,000. Reserves are used if costs are over budget, and if there is money left over, the funds are put back into reserves and used for other purposes such as Police and Fire. Council Member Ettl questioned the decision to clear downtown Yakima on a mid - morning Saturday. Mr Rosenlund advised they had already cleared most of the other areas, and they do try to avoid downtown during the daytime. However, they were at a point when it was the last major arterial to be cleared. Mayor Cawley thanked the Street Division for their effort. 10. Other Business *Mayor Cawley noted the Council recently received an email from Mr. Baenzinger on the revised profile for the City Manager recruitment and questioned if Council had any feedback as the job announcement will be out soon. There was no feedback. *Council Member Ettl questioned the status on the new hires for police officer positions. Interim City Manager Morales will provide a report at the next meeting. *Interim City Manager Morales asked if Council had any specific topics they would like to discuss at a study session as discussed at the retreat. He reported he asked Department Directors if they have any major issues the Council might want to assign to a study session. There is currently a request from the County to meet on flood plain issues, which could be part of an overall study session for environmental issues including Wastewater and Water. There are also issues related to the Comprehensive Plan as well as potential budget cuts to CDBG and Home Budgets, which could be discussed at the same meeting. He would like to bring the CDBG issue back as a report to Council at the February 21 meeting as choices need to be made on elimination of programs /services. Mayor Cawley indicated the CDBG budget and the Comprehensive Plan could be their first study session topic. Mr. Morales believes April will be an appropriate time for a study session on the Airport, possibly with the County. Council Member Ensey noted they also talked about a study session on levels of service at the retreat. A motion was made to not raise the car tab fees councilmanically. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried. 5 -2. Council Members voting Aye: Bristol , Cawley, Ensey , Ettl , Lover. Council Members voting Nay: Adkison , Coffey. 11. Adjournment Meeting adjourned at 8.18 p.m. Motion: Approve , Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried. 7 -0. Council Members voting Aye: Adkison , Bristol, Cawley, Coffey, Ensey , Page 7 of 8 Ettl , Lover. The next Council Business meeting will be February 21 at 6 PM in the Yakima City Hall Council Chambers CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST; COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page :8 of 8