HomeMy WebLinkAbout03/06/2012 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
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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.
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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
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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
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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.
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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
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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.
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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 ,
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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
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