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Home My WebLink About10/16/2012 Business Meeting/Executive Session 294 CY/ . 3t•" YAKIMA CITY COUNCIL October 16, 2012 Council Chambers -- City Hall 5:30 -6 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES ®+ Back Print r. .:.... ... s. :.�.:. _tt ::z •r'..- .:;.:ar•:.r....:w. -rte.; .- . « ....«.,_..,, .....,_ _ _ EXECUTIVE SESSION 1. Roll Call 2. Executive Session regarding pending litigation and real estate or land and property considerations. Executive Session was held and adjourned at 6 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: 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. Appointments to Boards, Commissions and Council Committees • i. Recommendation from Council Nominating Committee to appoint John Gasperetti to the Arts Commission and Paul Stelzer to the Yakima Planning Commission. Council confirmed the recommendation from the Council Nominating Committee to appoint John Gasperetti to the Arts Commission and Paul Stelzer to the Yakima Planning Commission. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Rick Ensey. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 4. 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. 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.) Page 1 of 7 • 295 Motion: Approve, Moved by Council Member Rick Ensey,.Seconded by Assistant Mayor Maureen Adkison. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . A. Consideration of approval of Council Committee Meeting Minutes i. Council Nominating Committee Minutes from 10 -9 -12 B. Right -of -Way Use Permit for D.A. Arthur Inc. C. 3rd Quarter 2012 Claim Report and Resolution authorizing and approving 3rd Quarter 2012 claims activity RESOLUTION NO. R- 2012 -123, A RESOLUTION accepting and approving the 3rd Quarter 2012 Claims Reports for the City of Yakima. D. Resolution adopting background documents required to update the City of Yakima's Shoreline Master Program. RESOLUTION NO. R- 2012 -124, A RESOLUTION Adopting scientific documents required to update the City of Yakima's 1974 Shoreline Master Program. E. Resolution authorizing an Agreement with RedZone Robotics Inc., in an amount not to exceed $180,000 for evaluation of the City's 30 -inch and greater diameter sanitary sewer pipes. RESOLUTION NO. R- 2012 -125, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with RedZone Robotics Inc. in an amount not to exceed $180,000 for evaluation of the City's 30 -inch and greater diameter sanitary sewer pipes. F. Resolution accepting dedication and ownership of a section of N. 35th Avenue south of River Road that was originally constructed as a portion of the Chesterly Meadows Assisted Care Facility development. RESOLUTION NO. R- 2012 -126, A RESOLUTION accepting a section of N. 35th Avenue into public ownership. G. Second reading of Ordinance amending the 2012 Budget and making appropriations in the 477 - Domestic Water Improvement fund to repair Kissel well motor and panel. ORDINANCE NO. 2012 -36, AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations of $205,000 within the 477 - Water Improvement Fund, for expenditure during 2012 to repair the Kissel Well. 5. Audience Participation IAFF President Jeremy Rodriquez, 401 N. Front Street, Yakima, thanked Council and the community for helping support their spaghetti feed fund raiser. PUBLIC HEARINGS 6. Final Public Hearing and Resolution adopting the City of Yakima 2013 Annual Action Plan regarding the CDBG & HOME program funding. Office of Neighborhood Development Manager Archie Matthews briefed Council on the issue and requested support for the 2013 Annual Action Plan regarding the CDBD & HOME program funding. Mayor Cawley opened the public hearing, and with no one coming forward to speak, closed the public hearing. • The City Clerk read the resolution by title. Page 2 of 7 296 RESOLUTION NO. R- 2012 -127, A RESOLUTION Adopting the HUD mandated 2013 Annual Action Plan for the City of Yakima. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey. Adopted 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . CITY MANAGER'S REPORTS 7. Resolution supporting the Yakima River Basin Integrated Water Resource Management Plan Water and Irrigation Manager Dave Brown briefed Council on the issue and introduced Mike Schwisow, Public Outreach Coordinator for the Integrated Plan and owner of Schwisow & Associates. He reported cities in Kittitas County have adopted the resolution of support and they have the support of the Governor and all the partners with the exception of the Sierra Club. They have been working together for years with broad support to find a solution to the water issues. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -128, A RESOLUTION Supporting the Yakima River Basin Integrated Water Resource Management Plan. Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Adopted 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , • Ettl , Lover . 8. Discussion and consideration of potential state legislative and administrative priorities and potential federal priorities. City Manager Tony O'Rourke briefed Council on the issue and requested Council to narrow the priorities to 2 -3 top state level legislative and administrative priorities to continue our federal advocacies in Washington, D.C. and in Olympia. Council Member Lover questioned why suppression was left out of the gang legislation priority. Community Relations Manager Randy Beehler noted these priorities were from the Association of Washington Cities. Assistant Mayor Adkison suggested reviewing the legislative priorities in a separate study session. Council Member Coffey noted the list should have been narrowed by the City Council's Legislative Committee. It was Council consensus for the Council Legislative Committee to meet this week, followed by full Council review at the next Council study session. 9. Consideration of the issuing of a Request for Proposals re: state legislative and administrative advocacy services Community Relations Manager Randy Beehler requested Council approval to move forward with the RFP process for legislative consulting assistance. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , • Ettl , Lover . 10. State Auditor's Reports - City's 2011 Financial Statements and Federal Single Audit Director of Finance and Budget Cindy Epperson reported the City received an unqualified opinion, which is an excellent rating. The auditors look at internal controls, compliance, and financial statements. 11. Action Plan for Changes in the Downtown Program City Manager O'Rourke briefed Council on the requested changes to the Downtown Yakima Business Improvement District (DYBID). The proposed changes would include: shrink the current district, provide for modified assessments, propose closure of a portion of 4th Street, Page 3 of 7 297 create special events guidelines, increase 2 hour free parking to 4 hours with modifications to the Block by Block contract and move monthly parking patrons to private lots, which would include termination of a parking lease with the Liberty Building. This would also include a City investment of $100,000 to "prime the pump" for downtown events. Rick Culyer, 27 S. 4th Street and Manager of Chestnut Manor Apartments, stated several concerns he has for the tenants at Chestnut Manor. He noted they already have many negative issues their tenants are dealing with relating to use of the Millennium Plaza, which is a block away. The building was buiit,in 1908 and parking has been an ongoing problem. Mr. Culyer is worried this will cause more problems for his tenants. John Cooper, Visitor and Convention Bureau CEO, would like to work with the City on downtown events. They sponsor the annual Hot Shots Basketball tournament, which has grown each year. Rich Austin, with the Visitor and Convention Bureau Sports Commission, would like to help find solutions for the downtown. Mr. Austin is concerned about having enough space for the Farmer's Market and basketball courts during the Hot Shots tournaments. Roger Wilson, owner of 3 downtown buildings, spoke in favor of the downtown suggestions. He noted concerns with the DYBID proposed option of reducing assessments for vacant buildings, as well as concerns on parking. He encouraged the City to receive buy -in from those affected before closing down 4th Street. He also suggested the Code Division work with the owners of the downtown buildings, which have code related items associated with the age of the buildings in order to assist with occupancy, similar to issues which the City of Ellensburg has recently addressed. He spoke in favor of having deposits for downtown events. Luz Gutierrez noted she attended one DYBID meeting and then didn't think they held any more meetings since she wasn't included. She discussed her involvement with Cinco De Mayo over the last 12 years and supports the City Manager's efforts for downtown. Joe Mann, downtown business owner, spoke in favor of the City Manager's efforts to improve the downtown. John Ball, 3515 Hyview Drive, Yakima, spoke in support of the downtown, and also understands the expense that comes with improvements. He is looking forward to working with the City's new Economic Development Manager, Sean Hawkins, and stressed the need to have businesses downtown and around the pedestrian plaza. Council Member Coffey had several questions about the downtown plans. City Manager O'Rourke noted they will develop and work with Council on the guidelines. Council Member Ensey stated his overall support of this plan. Mayor Cawley noted there are some issues with the banner process, which should be addressed in the plan. ENSEY MOVED AND ETTLE SECONDED TO DIRECT STAFF TO BRING BACK LEGISLATION IN SUPPORT OF THE PLAN. City Attorney Cutter suggested Council should first direct which changes they would like implemented in the new DYBID. ENSEY WITHDREW THE MOTION. ETTL MOVED AND ADKISON SECONDED TO AMEND THE BOUNDARY TO REDUCE THE SIZE, VACANT PROPERTIES BE GIVEN A 25% REDUCTION IN THEIR ASSESSMENT, GOVERNMENT ENTITIES SHALL BE INCLUDED, AND NON PROFITS AND CHURCHES SHOULD BE EXEMPT. Council Member Lover stated his belief that non- profits and churches should not be exempt from Page4of7 298 the assessment. BRISTOL MOVED AND LOVER SECONDED TO AMEND THE MOTION TO LEAVE THE NON - PROFITS PAYING THE PRO -RATED AMOUNT THEY ARE CURRENTLY PAYING. Motion carried 4 -3 with Ettl, Cawley and Adkison voting no. Council voted on the motion as amended. Carried 7 -0 and is noted below. ENSEY MOVED AND COFFEY SECONDED TO MODIFY THE DYBID FROM 7 TO 5 MEMBERS. The motion carried by a unanimous roll call vote. ENSEY MOVED AND ETTLE SECONDED TO BAG THE PARKING METERS, MODIFY THE BLOCK BY BLOCK CONTRACT, ELIMINATE LONG -TERM PARKING PASSES IN CITY LOTS AND ELIMINATE LEASES FOR PARKING, REPEAL THE PARKING COMMISSION PROVISIONS AND REPEAL THE PARKING LOT RATE ORDINANCE IN THE MUNICIPAL CODE. The motion carried by a 7 -0 by unanimous roll call vote. Council Member Lover questioned the terms on the lease with the Liberty Building. City Attorney Cutter noted the City would send a 90 day cancellation notification prior to the leases end date in June 2013. Council Member Bristol asked about enforcement of the 4 hour free parking. City Manager O'Rourke noted the City would chalk tires at 8:30 a.m. return 4 hours later and if the car has not been moved it would receive a ticket or be towed. This effort will cut down on full day use by employees in the surrounding area. ENSEY MOVED AND ADKISON SECONDED TO ENDORSE THE PEDESTRIAN MALL PROCESS AND DIRECT STAFF TO PURSUE A RESOLUTION TO INITIATE THE REQUIREMENTS. The motion carried by a unanimous roll call vote. ENSEY MOVED AND COFFEY SECONDED TO BRING BACK THE GUIDELINES. The motion carried by unanimous roll call vote. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 12. Action Plan for Graffiti Abatement Enhancements City Manager O'Rourke briefed Council on the issue and thanked Archie Matthews for the good job on graffiti abatement enhancements. ETTL MOVED AND ENSEY SECONDED TO ACCEPT THE PACKAGE AND DIRECT STAFF TO BRING BACK LEGISLATION FOR APPROVAL. • Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 13. Resolution approving a Supplemental Interlocal Agreement between the City and Yakima County intended to apportion the costs of work previously agreed upon between the City and County in Contract Number 2011 -66, relating to road design and development for an East -West Corridor. City Manager O'Rourke discussed the partnership and plan. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -129, A RESOLUTION approving a Supplemental Interlocal Agreement between the City and Yakima County intended to apportion the costs of work previously agreed upon between the City and County in Contract Number 2011 -66, relating to road design and development for an East -West Corridor. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Page 5 of 7 299 Bristol. Adopted 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 14. Report regarding Boards and Commissions Residency Requirements Council Member Bristol explained the Council Nominating Committee met and did not come to agreement on the residency requirements. Council Member Ensey noted he would remove the residency requirement and replace it with a requirement that people either have a business or own property to be on a City Board or Commission. City Attorney Cutter noted the statutes that describe the formation of the Airport Board refer to Board Members as consisting of at last 5 resident tax payers. Therefore, he believes this requires board members be residents. City Clerk Claar Tee noted the Police and Fire Commission Members must be residents pursant to RCW 41.08.030. Assistant Mayor Adkison requested the Council Nominating Committee meet again to discuss this issue. COFFEY MOVED AND BRISTOL SECONDED TO LEAVE THE RESIDENCY REQUIREMENTS AS THEY ARE. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Sara Bristol. Carried 6 -1. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ettl • Lover . Council Members voting Nay: Ensey . ORDINANCES 15. An ordinance amending Section 7.50.040 of the Yakima Municipal Code pertaining to utility service fees and reducing fee for utility turn -on and turn -off service calls occurring during non - business hours. Dave Brown, Water and Irrigation Manager, briefed Council on the issue. The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -37, AN ORDINANCE amending Section 7.50.040 of the Yakima Municipal Code pertaining to utility service fees and reducing fee for utility turn -on and turn -off service calls occurring during non - business hours. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey. Passed 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 16. An ordinance relating to City administration; repealing Yakima Municipal Code Chapter 10.03, Private Fire Alarm System Connection and Monitoring, on December 31, 2012, in its entirety. Wayne Wantland, Communication and Technology Manager, discussed the change in the ordinance. The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -38, AN ORDINANCE relating to City administration; repealing Yakima Municipal Code Chapter 10.03, Private Fire Alarm System Connection and Monitoring, on December 31, 2012, in its entirety. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Passed 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . • 17. First reading of an Ordinance amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2011 as noted in the summary attached (no action required at this meeting; second reading scheduled November 6, 2012). Page 6 of 7 300 Finance and Budget Director Cindy Epperson discussed the ordinance. The City Clerk read the ordinance by title only, and the ordinance was laid on the table until November 6, 2012 for a second reading. AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2011 to provide for improvements in the Yakima Redevelopment Area; snow and ice control costs; remittance of the Tourism Promotion Area assessments; a soil quality change order for Upper Kiwanis Park project; and repair and maintenance of buses used on the new Ellensburg route. 18. -Other Business None 19. Adjournment The meeting adjourned at 8:14 p.m. to the next meeting, a Council Study Session on October 23, 2012 at 10 a.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . READ AND CERTIFIED ACCURATE BY * l 13 CMB R DATE - COUNCIL MEMBER DATE • I(i { IL �'� CITYCLERK ,_ • M �_� � YOR t .1 ( , ) i 1 Page 7of7