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Home My WebLink About11/20/2012 Business Meeting • 315 YAKIMA CITY COUNCIL November 20, 2012 Council Chambers 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES ( r Back Print BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol (left at 7:10 p.m.), 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 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. The following item was added to the consent agenda. 11. Ordinance setting the Stormwater Rates for 2013 and 2014 to maintain the current annual rate of forty -three dollars ($43) per equivalent residential unit (ERU) to fund the Storm Drainage and Surface Water Management Utility. 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 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 City Council Meeting Minutes i. City Council minutes of August 7, 21 and September 4, 2012 Adjourned City Council Business meetings and of August 14, 28 and September 11, 2012 Adjourned City Council Study Sessions. The minutes of the August 7, 21 and September 4, 2012 Adjourned Council Business meetings and August 14, 28 and September 11, 2012 Adjourned City Council Study Sessions were approved, having been duly certified accurate by two Council members and no one present Page 1 of 6 316 • wishing to have said minutes read publicly. B. Accounts Receivable Status Report - 3rd Quarter 2012 The report was accepted. C. Resolution authorizing two Pipeline License with Burlington Northern Santa Fe (BNSF) Railway for the City of Yakima's Industrial Waste Collection System within 6th Avenue near Madison and North 23rd Avenue near "J" Street. RESOLUTION NO. R- 2012 -141, A RESOLUTION authorizing the City Manager to execute agreements between BNSF Railway and the City of Yakima for two Pipeline Licenses (12 -3012 and 12 -3013) to allow installation of two Industrial Waste pipes under BNSF Railway right -of -way located on N 6th Avenue near Madison and N 23rd Avenue near J Street. D. Ordinance setting the Stormwater Rates for 2013 and 2014 to maintain the current annual rate of forty -three dollars ($43) per equivalent residential unit (ERU) to fund the Storm Drainage and Surface Water Management Utility. The City Clerk read the ordinance by title only. ORDINANCE NO. 2012 -43, AN ORDINANCE relating to the stormwater fees for the Storm . Drainage and Surface Water Management Utility; setting the annual base rate of the stormwater fee for 2013 and 2014; and amending Sections 7.80.110 of the City of Yakima Municipal Code to reflect said fee. 5. Audience Participation Jerry Ward, 409 N. 36th Avenue, Yakima, and President of the Parker Youth Sports Commission, discussed the activities of the Parker Youth Sports Commission and invited Council and the community to their open house on November 29, 2012 at the Larsen building. Charles Noel, 1101 N. 4th Street, Yakima, spoke in opposition of President Obama being re- elected and the increasing taxes and medical costs. PUBLIC HEARINGS 6. Public hearing to consider legislation modifying the Downtown Yakima Business Improvement District in accord with the terms of Council Resolution 2012 -131, as required by statute for public participation in the consideration of said modification. City Attorney Jeff Cutter briefed Council on the ordinance. Mayor Cawley opened the public hearing. Roger Wilson, 15 N. Naches Avenue, Yakima, spoke in favor of the downtown plans and approves of Council's direction. He mentioned a minor concern about occupiable space. Tony Sandoval, 1 W. Yakima Avenue, Yakima, spoke in favor of the direction Council is moving under the current leadership. He recommended a change under exhibit B to add language "by Yakima Police Department" to put some teeth into creating a safe environment. He also presented a letter he received from Lonnie Davis of Russillos Pizza about the positive things happening downtown. Joe Mann, 6 N. 3rd Street, Yakima, spoke in favor of the leadership and the direction we are going and thanked all the participants. Mayor Cawley closed the public hearing. The City Clerk read the ordinance by title only. Page 2 of 6 .317 • Adkison moved and Ensey seconded to pass the ordinance. Cawley moved and Lover seconded to amend the ordinance by adding safety services in conjunction with the Yakima Police Department. Motion carries 6 - with a unanimous roll call vote, Bristol absent. ORDINANCE NO. 2012 - 44, AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area; modifying the existing Downtown Yakima Business Improvement District (hereinafter DYBID) boundaries to 1) provide for a reduced assessment area, 2) modify the services provided within the DYBID area and 3) change the assessment structure applicable to the modified DYBID area. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey. Passed 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 7. Public Hearing on the proposed 2013 Revenue and Expenditure Budget for the City of Yakima City Manager O'Rourke presented a balanced budget for 2013. He explained this budget is presented with no tax increases and minimal increased charges by the City. The City is maintaining an adequate reserve and has instituted a 2% vacancy rate. He has requested wage concessions with no compliance, and will save money and reduce the size of government through attrition. The City will be doubling the size of the gang unit and adding an additional police officer position for the Violent Crime Task Force. Council Member Coffey mentioned her concerns with the 2% vacancy rate. She also questioned if the Bond Council is willing to support the $5 million dollar bond without a guaranteed funding source. Finance Director Cindy Epperson explained this is a full faith credit bond and funding would be taken out of the budget. Council Member Ettl stated we are putting resources out there in an attempt to build trust and add to our investment. He brought up the Utility Tax implemented and would like to see where the money has been spent, referencing his memo from December 2011. Mayor Cawley opened the public hearing. Lynne Kittlelson, 305 N. 9th Street, Yakima, commended staff on a very readable budget and referenced pages 10, 11 and 17, which show graphs regarding taxes and where we are within the state in sales, property and utility taxes. She also encouraged Council to move forward with the car tab fee. Council Member Coffey noted she received a note from Daniel Stoby, who indicated his opposition to the new underpass. Mayor Cawley closed the public hearing. 8. Public Hearing on Revenue Sources and Consideration of Legislation pertaining to Ad Valorem Taxes to be levied for collection in Fiscal 2013 Year: Ordinance A) Declaring the City Council's intent to increase the City's 2013 regular property tax levy up to 100% of the amount levied in the previous year, plus new construction and annexation.Ordinance B) fixing and levying the 2013 ad valorem property taxes and excess levy taxes for the City of Yakima. Finance and Budget Director Cindy Epperson briefed Council on the ordinances and noted in 2009 they did not initiate the levy as the rate of inflation was negative. Mayor Cawley opened the public hearing, and with no one coming forward to speak closed the public hearing. Page 3 of 6 318 The City Clerk read the ordinance by title only. ORDINANCE NO. 2012 -45, AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2013 regular levy up to 101% along with new construction, annexation and growth in state - assessed property values from the amount levied the previous year. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Passed 4 -2. Council Members voting Aye: Adkison , Cawley , Coffey , Ettl . Council Members voting Nay: Ensey , Lover . Council Members Absent: Bristol . The City Clerk read the ordinance by title only. ORDINANCE NO. 2012 -46, AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 2013 Budget for the City of Yakima. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Sara Bristol. Passed 4 -2. Council Members voting Aye: Adkison , Cawley , Coffey , Ettl . Council Members voting Nay: Ensey , Lover . Council Members Absent: Bristol . CITY MANAGER'S REPORTS 9. Resolution accepting 2013 Airport Budget City Manager O'Rourke spoke about a positive balance for the Airport budget. Assistant Mayor Adkison indicated the Airport Board is very strong and good things are happening. Council Member Coffey confirmed that the County has already adopted the Airport 2013 budget. The City Clerk read the resolution by title only. RESOLUTION NO. R- 2012 -142, A JOINT RESOLUTIONOF THE CITY OF YAKIMA AND YAKIMA COUNTYfor AIRPORT RESOLUTION YAT -R- 2012 -033 a recommended copy of its 2013 annual budget to both the City and County of Yakima for approval. 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 . 10. Resolution approving and ratifying a sole source procurement due to "Special Market Conditions" without calling for bids from Lenco Armored Vehicles to purchase a used and refurbished Lenco Bear Cat Armored Vehicle. City Manager O'Rourke explained this type of issue would normally be presented with the capital portion of the budget; however, the Police Department was offered a good deal and would like to act on it. Chief Rizzi clarified why this vehicle was purchased sole source and referenced an email that was sent to Council from another vendor. He explained his position and the reason for the purchase. Assistant Mayor Adkison questioned how often this type of vehicle would be used. Chief Rizzi explained when the vehicle is used both locally and when providing service to surrounding areas. The City Clerk read the resolution by title only. RESOLUTION NO. 2012 -143, A RESOLUTION approving and ratifying sole source procurement due to "special market conditions" without calling for bids from Lenco Armored Vehicles to purchase a Used Lenco Bear Cat Armored Vehicle. Page 4 of 6 31M19 • Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Adopted 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . ORDINANCES 11. Ordinance amending Title 9 YMC regarding parking in city -owned public parking lots, repealing provisions regarding Downtown Yakima Parking Commission, and repealing long term parking permits in city -owned public parking lots. City Manager O'Rourke discussed the issue with downtown parking. Mr. O'Rourke understands this was an issue on the citizen survey and that there is a need to maximize the consumer demand for parking spaces. Ben Shoval, 123 E. Yakima Avenue, Yakima, spoke in opposition to the ordinance. He is concerned about not having parking when he is coming and going 10 -12 times a day and about how many people would be drastically impacted. Steve Altmayer, 1103 N. 79th Avenue, Yakima, spoke in opposition to the ordinance and doesn't think this is a problem that needs to be fixed. Bill Duerr, 3206 W. Yakima, spoke in opposition to removing the parking permits in various lots and spoke in agreement with the two previous gentlemen who spoke on the issue. Council Member Lover questioned whether there is an agreement for parking with the Mercy Theatres. City Manager O'Rourke stated he would check into it. Council Member Ensey questioned how they could amend the ordinance to remove the 30 percent parking permit issue. City Attorney Cutter noted they could repeal that portion and leave 9.50.220 in effect. The City Clerk read the ordinance by title only. Ensey moved and Bristol seconded to pass the ordinance without section 3. Bristol moved and Coffey seconded to amend the ordinance and strike the word consecutive which occurs twice in that paragraph. Motion passes 5 -2 with Council Members Ettl and Lover voting no. ORDINANCE NO. 2012 -47, AN ORDINANCE relating to downtown vehicle parking; repealing Chapter 9.49 of the Yakima Municipal Code regarding downtown Yakima parking commission; amending Section 9.50.215 regarding parking in city -owned public parking lots; repealing Section . 9.50.220 regarding long term parking permits. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Passed 6 -1. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Lover . Council Members voting Nay: Ettl . 12. Other Business None 13. Adjournment The meeting adjourned at 7:47 p.m. to a Council Study Session on November 27, 2012 at 10 a.m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Approved 6 -0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . Page 5 of 6 320 CERTIFICATION READ AND CERTIFIED ACCURATE BY 4 2 COU )CI ME BER DATE t 3 COUNCIL MEMBER DATE ATTEST: �� ? " No t it . _ * o. CITY C!? ' • ,) 4 M YOR f, '` kka0,1 if 1 Page 6 of 6