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HomeMy WebLinkAbout01/06/2015 05A Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.A. For Meeting of: January 06, 2015 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: See attached minutes Resolution: Other (Specify): Contract: Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description Approval of the minutes from the November 4 and 18 and December 2 and 9, 2014 City Council Business meetings and November 10, 2014 Study Session and December 9, 2014 City Council Retreat Sonya Claar Tee, City Clerk Ordinance: Contract Term: End Date: Amount: Public Trust and Accountability City Manager Upload Date Type 11-4-14 minutes 12/28/204 Cover Memo 11-18-14 minutes 12/30/2014 Cover Memo 12-2-14 minutes 12/30/204 Cover Memo 12-9-14 minutes 12/30/2014 Cover Memo 11-10-14 minutes 12/30/2014 Cover Memo YAKIMA CITY COUNCIL November 4, 2014 City Hall -- Council Chambers 6 p.m. Business Meeting -- MINUTES BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Procl Mayor Cawl read - ocl�atiori�r A i iar eritage Mont Cary Campbell accepted pie. it . ted unci) �. omema a le 4. Council Reports None. 5. 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. Item 8 -- becoming item 5D: Resolution ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair/refurbishment of the damage to East Yakima Avenue as a result of the water main break on October 25, 2014 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: Ensey moved and Coffey seconded to approve the consent agenda. The motion carried by unanimous vote. A. Set December 2, 2014, as the date for a Closed Record Public Hearing to consider the Hearing Examiner's recommendation on a non -project rezone requested by Bernice Monahan B. Set date of November 18, 2014 for a public hearing on: A. proposed 2015 Revenue and Expenditure Budget for the City of Yakima with a second public hearing on December 2, Page 1 of 4 2014; and B. 2015 Ad Valorem (Property) Tax C. Resolution authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims RESOLUTION NO. R-2014-133, 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. D. Resolution ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair/refurbishment of the damage to East Yakima Avenue as a result of the water main break on October 25, 2014 RESOLUTION NO. R-2014-134, A RESOLUTION ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair/refurbishment of the damage to East Yakima Avenue as a result of the water main break on October 25, 2014. 6. Audience Participation Juliann Dezoete, City resident, stated she was assaulted and is concerned about why her assailant hasn't been charged. She would like help understanding why nothing is being done. Mayor Cawley noted the City Manager will look into it. David Morales, City resident, expressed his gratitude to the City Council and extended an invitation to an upcoming voting rights committee meeting on Friday from 6-9 p.m. at Davis High School. 7. Follow up M oto C• ci - •orary "=r ;ula ns City Manag Commissions agenda. add to •r sign issues tithe Planning Motion: Adkison moved and Lover seconded to forward the issue to the Planning Commission. The motion carried by a unanimous vote. ORDINANCES 8. Ordinance amending Ordinance No. 2014-027 that imposed moratorium on "mission uses" within the SCC Small Convenience Center zoning district, striking public hearing date of November 18, 2014 and setting new public hearing date on December 9, 2014 City Manager O'Rourke briefed Council on the ordinance. He noted the same day the moratorium was initiated, the City received an application from Neighborhood Health Services (NHS) for a community center, which included a homeless shelter at Roy's Market. This doesn't meet the definition of a community center under the City's Building Code. Unfortunately, a homeless shelter is not defined in the City's zoning code, but there are two legal interpretations of what constitutes a homeless shelter and what the appropriate zones are for such a shelter, from a 1992 and 1995 Hearing Examiner opinion. Assistant Mayor Coffey asked what the process would be if Neighborhood Health Services were to appeal a denial. City Attorney Cutter noted the appeal would come before Council. Assistant City Attorney Kunkler noted NHS can request an amendment to our code to define what a community center is; however, that process goes to the Planning Commission before coming to Council. He stated the action requested on this agenda is only to change the public hearing date from November 18 to December 9. Page 2 of 4 Council Member Lover feels this issue is not about keeping NHS from providing a homeless facility, it is about the location. City Manager O'Rourke stated Council could recommend the Planning Commission review and define what a homeless shelter is and specify appropriate land use. Mayor Cawley opened the meeting to audience comments. The following individuals spoke in favor of a homeless shelter located at Roy's Market: Phillip Pitts, Kathy Hitchcock, Tony Howell, John Penfold, Kelly Penfold, Virginia Jimenz-Gervacio, Ken Trainor and Estakio Beltran. Mayor Cawley noted there are a lot of misconceptions on what this issue is about. After further Council discussion, the City Clerk read the ordinance by title. AN ORDINANCE relating to Ordinance No. 2014-027, amending said ordinance to provide amended date for public hearing, striking November 18, 2014 public hearing date and setting new December 9, 2014 public hearing date, and making no further amendments. Motion: Dittmar moved and Adkision seconded to pass the ordinance. The motion failed by a 4-3 vote with Cawley, Coffey, Ensey and Ettl voting no. 9. Other Business A. Reconsideration of vote directing placement of advisory vote measure on August 2015 primary election ballot Mayor Cawley stated on March 18 the Council voted to place this issue as an advisory vote for 2015 and now the have a re • uest by Council Member Adkison for reconsideration. Mayor Cawley ope . -etin omm The followin itizens o •f the •► wn again he advisory vote: Tuck Russell, Bri• -t Russ of ea kima o wa, Megan leran, Hilda Banza, Julie Kalako . ki J- - er Ik, Su e • le, Em ter, Rebecca own, Stacy Hackenmille , - - Mon k, Jay - den, Yo i unter, Mellis Gatton, Ann Tweedy, Carol Vanhoven, Lindsey Johnson, Ethan Moneck, Adrian Engleheart, Carl Vanhoven, Jackie Jones, Andy Jones, Eileen Monahan, Zac Turner, Zachary German, Phil Hogue, Erin Downs, Gilbert Essenia, Linda Harrelson, Dawn Meter-McCasin, Stacey Ruhmiller, Tony Harrelson, Nancy Colleran, Larry Hull, Joe Mann, Nick Hughes and John Baule. Sandy Belzer stated she was neither for or against the vote. The following citizens spoke in favor of the advisory vote: Mark Peterson and Kris Fork. After Council discussion, Motion: Cawley moved and Adkison seconded to send this to the Council Economic Development Committee and schedule a special meeting and community presentation that anyone can attend. The motion failed by a 4-3 vote with Dittmar, Ensey, Ettl and Lover voting no. Motion: Ensey moved and Lover seconded to keep the Advisory Vote for August of 2015. The motion failed by a 4-3 vote with Adkison, Cawley, Coffey and Ettl voting no. 10. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to a Council Study Session on November 10, 2014 at 10:30 a.m. in the Council Chambers. The motion carried by a unanimous vote. The meeting adjourned at 8:09 p.m. CERTIFICATION Page 3 of 4 READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 4 of 4 YAKIMA CITY COUNCIL STUDY SESSION November 10, 2014 City Hall -- Council Chambers 10:30 a.m. Council Study Session regarding Capital Investment Opportunities -- MINUTES 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Clear Tee 2. Summary of Capital Investment Opportunities City Manager O'Rourke reviewed the opportunity to invest $17 million in potential capital improvement projects in the community, including the voter approved initiative for dedicating $750,000 annually for Parks and Recreation. Council mem comments. Bob Romero, xecuti ir: or of Y , s a exploring the of a - rtnersthe Ci possible, they will still maintain their downtown facility. MCA has an n aquatic cen g to audience visory committee If a partnership is Council members discussed prioritizing the improvement projects. It was Council consensus that Police and Fire do not need immediate attention and to take trolleys off the list for consideration. Motion: Coffey moved and Ensey seconded to have an indoor pool partnership as the number one priority followed by soccer as the number two priority. The motion carried by a unanimous vote. Motion: Ettl moved and Dittmar seconded that plaza funding and parking enhancements would be the next priority. The motion carried by a 6-1 vote with Lover voting no. Motion: Coffey moved and Ettl seconded that the remaining portion of funding would go toward the Airport. The motion carried by a 6-1 vote with Lover voting no. 3. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on November 18, 2014 at 6 p.m. at City Hall. The motion carried by unanimous vote. The meeting adjourned at 11:29 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE Page 1 of 2 ATTEST: COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 2 of 2 YAKIMA CITY COUNCIL November 18, 2014 City Hall -- Council Chambers 5 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES EXECUTIVE SESSION 1. Executive Session to review the performance of a public employee Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke Executive Session was held and adjourned at 5:55 p.m. BUSINESS MEETING 1. Roll Call Council: M Maureen Ad Staff: City 2. Pledge of Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations ity Clerk Cla. Tee cil Members i. World Aids Day proclamation Mayor Cawley read the proclamation and Jon Penfold accepted it and invited Council Members to attend the information fair on December 1, 2014 from 4-6 p.m. at Yakima Neighborhood Health Services. 4. Council Reports A. Quarterly update from the Yakima Planning Commission Chair to the City Council Dave Fonfara, Planning Commission Chair, briefed Council on the Planning Commission activities. He shared his appreciation for maintaining and enhancing communication between the Commission and Council. He reported the Commission is engaged in several important issues with the Comprehensive Plan and temporary and exempt sign issues, which will receive a lot of public input. He also noted there will be an upcoming vacancy on the Commission and he looks forward to having that filled. 5. 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 items Page 1 of 6 were added to the consent agenda. Item 14, which became item 5H: Resolution authorizing execution of a "3 -Party Wholesale Service Agreement" with the City of Union Gap and the Terrace Heights Sewer District for the provision of wholesale wastewater treatment and disposal service by the City of Yakima's Wastewater Division Item 15, which became item 51: Resolution authorizing execution of a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for wastewater treatment and disposal service by the City of Yakima's Wastewater Division 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: Coffey moved and Ensey seconded to approve the consent agenda. The motion carried by unanimous vote. A. 3rd Quarter 2014 Accounts Receivable Status Report B. 3rd Quarter 2014 Treasury Report C. Project Completion and Contract Acceptance for POW Contracting, Inc. - Project WW2327 Noel Canning Industrial Wasteline Extension (Standard Motion V -B -Accept the project and approve) D. Final nnon 1 stria) C Syste Telem. U rades andar 'tion final p E. Resol of Pa 59 - Water ect and approve the a power lineility easement in favor RESOLUTION NO. R-2014-135, A RESOLUTION authorizing the City Manager to execute a power line utility easement in favor of Pacific Power & Light Company. F. Resolution authorizing an Interlocal Agreement with Yakima County to administer a FEMA grant regarding Shaw Creek Floodplain Relocation, Wide Hollow Creek conveyance improvements and Bridge Flood conveyance improvements RESOLUTION NO. R-2014-136, A RESOLUTION approving and authorizing the City Manager to execute an interlocal agreement between the City of Yakima and Yakima County for Shaw Creek and Wide Hollow Creek Pre -Disaster Mitigation Flood Control Project. G. Ordinance adding section 2.40.120 and amending the City of Yakima Leaves of Absence ordinance of the Yakima Municipal Code to show vacation and paid time off buy-back in the management group ORDINANCE NO. 2014-028, AN ORDINANCE adding section 2.40.120 and amending the City of Yakima Leaves of Absence ordinance of the Yakima Municipal Code to show vacation and paid time off buy-back in the management group. H. Resolution authorizing execution of a "3 -Party Wholesale Service Agreement" with the City of Union Gap and the Terrace Heights Sewer District for the provision of wholesale wastewater treatment and disposal service by the City of Yakima's Wastewater Division RESOLUTION NO. R-2014-137, A RESOLUTION authorizing the City Manager to execute a "3 - Party Wholesale Service Agreement" with the City of Union Gap and the Terrace Heights Sewer District for the provision of wholesale wastewater treatment and disposal service by the City of Yakima's Wastewater Division. Page 2 of 6 I. Resolution authorizing execution of a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for wastewater treatment and disposal service by the City of Yakima's Wastewater Division RESOLUTION NO. R-2014-138, A RESOLUTION authorizing the City Manager to execute a "Special Wastewater Service Agreement" with the Terrace Heights Sewer District and the City of Moxee for the provision of wastewater treatment and disposal service by the City of Yakima's Wastewater Division. 6. Audience Participation Karl Pasten, City resident and Executive Director of the Trolleys, spoke in support of funding for the trolleys. Joey Anderson, City resident, suggested funding for the Police Department for better camera recording equipment and for adding body cameras. Earl Hall, with Rotary, thanked Council for their assistance in building the new Rotary Food Bank and invited Council to attend a ribbon cutting tomorrow at 11:00 a.m. Rev. William Pride Jr., City resident, stated he is the newly nominated President of the NAACP. PUBLIC HEARINGS 7. Public hearing regarding SCC Small Convenience Center moratorium for "mission uses"; Resolution adopting Findings of Fact in support of moratorium City Manag- •'= • rke bri- - • • cil on th- orator •• - • • r- - • • - sue is about one zone for sm. • • -nc: en e , whic re are - • . u e 3115 parcels of property wh -home s • -Iters a per -• eni• ssistant City torney Kunkler stated the p ary rea n atori • ive the PI ning Commission time to clarify wh a missi u is an • det at . es would be propriate. There is no intention to Mayor Cawley clarified that our Municipal Code does not define what a homeless shelter is, which Mr. Kunkler confirmed. Mayor Cawley opened the public hearing. The following City residents spoke against the resolution and moratorium: Rhonda Hauff, Chief Operating Officer of Neighborhood Health; Nathan Poehl, with Neighborhood Health Services; Anita Monoian, CEO of Neighborhood Health Services; Karen Pitts; Kelly Penfold; Linda Murray; Ester Huey; Janet McCann Harris; Darlyn White; John Probst; Joey Anderson; Pastor Dave Hansen; Rev. Ernie Harrelson; Jean Scheide; Marty Miller; Diana McClaskey; Elizabeth Angland; Ryan Michael Van Gillen; Michael Morales; and Roberto Dominguez. The following City residents spoke in favor of the resolution: Miguel Oliveras and Maud Scott. Mayor Cawley closed the public hearing. After Council discussion, The City Clerk read the resolution by title. RESOLUTION NO. R-2014-139, A RESOLUTION adopting Findings of Fact supporting a six- month moratorium, enacted October 21, 2014 pursuant to Ordinance No. 2014-027, prohibiting the filing, receipt, processing and approval of land use applications for establishment and operation of mission, community center, boarding house, comprehensive community health center, and multi-purpose community center uses within the SCC Small Convenience Center zoning district; exempting land uses for which a complete application was pending on the effective date of the moratorium or which were legally in existence at such time or are otherwise Page 3 of 6 exempt pursuant to RCW 35.21.915; directing development of comprehensive zoning and business regulations for such uses; providing that the moratorium shall be in existence through May 19, 2015. Motion: Dittmar moved and Ettl seconded to adopt the resolution. The motion carried by a 4- 3 vote with Cawley, Coffey and Ensey voting no. 8. Closed Record Public Hearing and Ordinances on the 2014 Comprehensive Plan Map and Text Amendments and Concurrent Rezones Senior Planner Valerie Smith briefed Council on the Comprehensive Plan Amendments. Planning Commission Chair Fonfara noted the Planning Commission met several times regarding these amendments and there was no opposition from any neighbors. Mayor Cawley opened the public hearing. Bill Hordan, City resident, spoke in support of amendments 1, 2 and 3. He thanked staff and the Planning Commission for their hard work on this issue. Pastor Kevin Deyette of Restoration Church, City resident, thanked Council for the work they are doing and encouraged their support for the community garden amendment. Pastor Dave Hansen, City resident, spoke in favor of community gardens. Mayor Cawley closed the public hearing. Council Me Smith explai property. Th for commun further Cou here are r- • ulation • • - • . . • • - • en. Senior Planner rfort •mmu •- •- • • • - ed on vacant g th - irem: for a Memor. dum of Understanding the h an related the gardens. After The City Cle - - • e or• ances b ORDINANCE NO. 2014-029, AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima as follows: changing the classification of the property located in the vicinity of Highway 12 & North Avenue, Assessor's tax parcel numbers 181312-33001, -33002, and 181313-22001, from Regional Commercial to Industrial; and changing the classification of the property located in the vicinity of East Viola Avenue, Assessor's tax parcel numbers 191330-41453, -41457, -41458, from Medium Density Residential to General Commercial; and changing the classification of the property located at 402 North Avenue, Assessor's tax parcel number 181324- 12469, from High Density Residential to General Commercial. ORDINANCE NO. 2014-030, AN ORDINANCE relating to the regulation of Community Gardens and establishing land use and development standards in several sections of the Yakima Municipal Code (YMC) Title 15 Urban Area Zoning Ordinance ORDINANCE NO. 2014-031, AN ORDINANCEconcerning land use regulation and planning and rezoning three parcels of property located in the vicinity of Highway 12 and North 16th Avenue from Large Convenience Center (LCC) to Light Industrial (M-1) as more fully described herein, and approving the recommendation of the Planning Commission for the City of Yakima regarding the same; Plymouth Ranch, LLC, applicant herein. ORDINANCE NO. 2014-032, AN ORDINANCE concerning land use regulation and planning and rezoning three parcels of property located off of East Viola Avenue, Two -Family Residential (R-2) to General Commercial (GC) as more fully described herein, and approving the recommendation of the Planning Commission for the City of Yakima regarding the same; Jason Page 4 of 6 Galloway, applicant herein. ORDINANCE NO. 2014-033, AN ORDINANCE concerning land use regulation and planning and rezoning one parcel of property, located at 402 North 5th Avenue, from Multi -Family Residential (R-3) to General Commercial (GC) as more fully described herein, and approving the recommendation of the Planning Commission for the City of Yakima regarding the same; Sergio Badillo, applicant herein. Motion: Ensey moved and Adkison seconded to pass the ordinances. The motion carried by unanimous vote. 9. Public Hearing pertaining to Ad Valorem Taxes to be levied for collection in Fiscal Year 2015 Finance and Budget Director Epperson briefed Council on the ordinances. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. After Council discussion, The City Clerk read the ordinances by title only. ORDINANCE NO. 2014-034, AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2015 regular levy up to 101% along with new construction, annexation, refunds and growth in state -assessed property values from the amount levi- • ' - • reviou Motion: Ettl 2 vote with ordinance. e motion carried by a 5- ORDINANC ► • - 0 , AN • ' I NCE fi ' g d levying the ount of ad valorem taxes neces - . •alanc- -stimate• - -nue wit s ated expendi es for the 2015 Budget for the City of Yakima. Motion: Ettl moved and Adkison seconded to pass the ordinance. The motion carried by a 5- 2 vote with Ensey and Lover voting no. 10. First Public Hearing on the proposed 2015 Revenue and Expenditure Budget for the City of Yakima City Manager O'Rourke briefly discussed the budget. Council Member Ensey noted is appreciation for how the budget process is handled compared with past process. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. He noted the final public hearing for the budget is scheduled for December 2, 2014. CITY MANAGER REPORTS 11. Consideration of a Proposed Community Court City Manager O'Rourke briefed Council on the proposed Community Court and invited Council to attend a site visit to the Spokane Community Court in January. Council members spoke in support of this project, as well as having an assessment conducted. 12. Future Comprehensive Plan Amendment Schedule Senior Planner Valerie Smith briefed Council on the Comprehensive Plan changes. 13. Resolution authorizing an Interlocal Agreement with Union Gap, WA for the City of Yakima to provide Fire Protection Services Page 5 of 6 City Manager O'Rourke briefed Council on the contract. He stated this contract will provide a more consistent level of service to the community with nine Union Gap firefighters transferring to the City of Yakima. However, the fire trucks will retain the Union Gap logo. This will be a trial contract, which could result in a long-term agreement. City Attorney Cutter explained Union Gap Council initially passed this contract; however, some minor revisions were suggested and it will be addressed at their next Council meeting. The City Clerk read the resolution by title. RESOLUTION NO. R-2014-140, A RESOLUTION approving and authorizing the City manager to execute an interlocal agreement between the City of Yakima and City of Union Gap for fire protection and emergency medical services. Motion: Ensey moved and Coffey seconded to adopt the resolution. The motion carried by a unanimous vote. 14. Other Business None. 15. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on December 2, 2014 at 6 p.m. in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 8:43 p.m. CERTIFICATION READ AND CER ATTEST: CNCIL MEMBDATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 6 of 6 YAKIMA CITY COUNCIL December 2, 2014 City Hall -- Council Chambers 6 p.m. Business Meeting -- MINUTES BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: Acting City Manager/City Attorney Cutter and Acting City Clerk Stephens Absent: City Manager Tony O'Rourke 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Disc he Or A. Procl Mayor Cawley read the proclamation and Emily Mann accepted it. B. Presentations/recognitions/introductions T i. Recognition of City staff and our private contracting partners for their outstanding repair of Yakima Avenue Debbie Cook, Director of Utilities and Engineering, recognized City staff and private contracting partners for their efforts in repairing Yakima Avenue after a water main leak. 4. Council Reports None. 5. 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.) Motion: Coffey moved and Ensey seconded to approve the consent agenda. The motion carried by unanimous vote. A. 3rd Quarter 2014 Financial Trend Monitoring Report B. Approval of the minutes from the September 2, 16 and October 7 and 21, 2014 City Page 1 of 4 Council Business meetings and September 9, October 14 and 28, 2014 Study Sessions and September 30, 2014 Special Meeting and Study Session and October 28, 2014 Special meeting C. Project Completion and Contract Acceptance for Granite Construction Company - Project AT2311 64th Ave. Roadway Widening (Standard Motion V -B -Accept the project and approve) D. Project Completion and Contract Acceptance for POW Contracting, Inc. - Project AC2259 - Naches River Water Treatment Plant Filter Backwash Lagoon Improvements (Standard Motion V -B -Accept the project and approve) E. Resolution setting January 22, 2015 as the date for an open record public hearing before the Hearing Examiner to vacate the south 5 feet of Tieton Drive between South 5th Ave & South 4th Ave RESOLUTION NO. R-2014-141, A RESOLUTION fixing time for a public hearing before the Hearing Examiner on January 22, 2015, on a petition (Petition No. 14-03) to vacate the south 5 feet of Tieton Drive between South 5th Ave & South 4th Ave. F. Resolution authorizing five year extension of Tourism Promotion Area (TPA) Administration Agreement until December 31, 2019 with Yakima Valley Tourism RESOLUTION NO. R-2014-142, A RESOLUTION authorizing a five year extension of the Tourism Promotion Area Management agreement with Yakima Valley Tourism until December 31, 2019. 6. Audience P Rob Leamin Candie Turn City r: de ask -bou o e Tiger Oil prerties and spoke about her concern - • • tra at 16 \v ue and -t Drive. Joe Mann, City resident, invited Council and the public to the Christmas tree lighting ceremony and lighted parade on Saturday night at 6 p.m. Tony Courcy, City resident, asked a question about stormwater issues. Mayor Cawley confirmed there are requirements, as well as a stormwater assessment. Joey Anderson, City resident, stated there was an article in the paper on November 25, 2014 indicating charges made by City Manager O'Rourke against her were dismissed. She notified Council that she pressed charges against City Manager O'Rourke regarding her belief of his official misconduct. PUBLIC HEARINGS 7. Closed Record Public Hearing and Ordinance to consider the Hearing Examiner's recommendation on a non -project rezone requested by Bernice Monahan located at 118 North 50th Avenue. Robbie Aaron, Assistant Planner, briefed Council on the issue. Mayor Cawley opened the public hearing. Tom Durant, Durant Development Services, stated he submitted the request on behalf of the property owner. He stated if Council had any questions, he would be happy to answer them. Mayor Cawley closed the hearing. Page 2 of 4 The City Clerk read the ordinance by title only. ORDINANCE NO. 2014-036, AN ORDINANCE concerning land use regulation and planning and rezoning of one parcel of property located in the vicinity of Summitview Avenue and North 50th Avenue from Multi -Family Residential (R-3) to Professional Business (B-1) as more fully described herein, and consider approving the recommendation of the Hearing Examiner for the City of Yakima regarding the same; Bernice Monahan, applicant herein. Motion: Ensey moved and Adkison seconded to pass the ordinance. The motion carried by unanimous vote. 8. Second Public Hearing on the proposed 2015 Revenue and Expenditure Budget for the City of Yakima Cindy Epperson, Director of Finance and Budget, briefed Council on the budget. Mayor Cawley opened the public hearing. Larry Fournier spoke on behalf of the Yakima Valley Trolleys as Board Member and Treasurer. He stated their board is pleased with the support they have received from the City and asked for $78,000 in financial support from the City to fund payroll for the Executive Director and $1.3 million for overall general operation expenditures. Karl Pasten, City resident, spoke on behalf of the Yakima Valley Trolleys as Executive Director. He stated the capital expenditures are for rebuilding. He discussed the grants he has applied for, as well as his request for money from the Washington State Transportation budget, which were unsuccessf After Counc iscussi mar• ved onded to re future funding issues 'Y 9► for the troll • • ' pp • riate . 1 com a look at Ion erm resolution one way or the • - . e mo •n carries nanimo Council Member Lover asked if the Visitor Center is still being moved in 2015. John Cooper, CEO of the Visitor Center stated that is still the plan. Mayor Cawley noted the budget will be on the December 9, 2014 Council agenda for final approval. CITY MANAGER REPORTS 9. Resolution authorizing 2015 to 2018 Teamsters Local #760 collective bargaining agreement between the City and the Police Captains and Lieutenants Cheryl Ann Mattia, Human Resources Director, briefed Council on the agreement. The City Clerk read the resolution by title only. RESOLUTION NO. R-2014-143, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2015 - 2018 with the Teamsters Local #760 representing the Yakima Police Management Unit. Motion: Coffey moved and Adkison seconded to adopt the resolution. The motion carried by a 6-1 vote, with Lover voting no. 10. Other Business Assistant Mayor Coffey asked City Attorney Cutter for clarification about the suit that was eluded to earlier, wondering whether this is a suit filed on the City's behalf by Mr. O'Rourke or whether it Page 3 of 4 is personal. City Attorney Cutter responded that it is a suit by him personally, and the City and the City's legal department is not involved. 11. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business meeting at 2 p.m. on December 9, 2014, in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 7:42 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 4 of 4 YAKIMA CITY COUNCIL December 9, 2014 City Hall -- Council Chambers 2 p.m. Business Meeting; 2:15 p.m. Public Hearing -- MINUTES BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Procl Mayor Cawl d Anita Monn accepted it. B. Prese - • recog ions/int • • • ions i. Recognition of retiring Police Reserve Captain Bill Almon and Reserve Officer Iry Benson Chief Rizzi and Lt. Jones recognized Police Reserve Captain Bill Almon is retiring after 28 years of volunteer service to the City of Yakima. Police Reserve Officer Iry Benson is also retiring after 16 years of volunteer service to the City of Yakima. Lt. Jones presented them with retirement badges and plaques. Mayor Cawley and the Council thanked them for their years of volunteer service and presented them with retirement clocks. 4. Council Reports A. Letter of support request from Downtown Association of Yakima Sean Hawkins, Economic Development Manager, briefed Council on the requested letter of support. Motion: Coffey moved and Dittmar seconded to approve the request. The motion carried by unanimous vote. 5. 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 removed from the consent agenda. Item 5K becoming item 8: Resolution concerning City of Yakima Management Group pay and Page 1 of 5 compensation, canceling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2015, as provided in YMC 2.20.116 (C) 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: Coffey moved and Ensey seconded to approve the consent agenda. The motion carried by a unanimous vote. A. 2014 3rd Quarter Capital Improvement Projects Report B. Ordinance amending YMC 11.04.030, YMC 11.32.106.5.2, and YMC 11.44.040 to eliminate automatic annual building permit fee increases corresponding to Consumer Price Index (CPI) ORDINANCE NO. 2014-037, AN ORDINANCE relating to building permit fees; amending YMC 11.04.030 pertaining to schedule of building permit fees and building valuation; amending YMC 11.32.106.5.2 pertaining to permit fees under the International Mechanical Code; and amending YMC 11.44.040 pertaining to plumbing fees under the Uniform Plumbing Code; eliminating annual permit fee escalator tied to Consumer Price Index (CPI). C. Resolution announcing Council Business Meeting schedule for 2015 RESOLUTION NO. R-2014-144, A RESOLUTION adopting the City Council 2015 regular business meeting schedule D. Resol • - • rizi e •f Yak' o regi • •ublic agency with the N• hern Ar •n- tergov me •lic T nsportation A ority (NAIPTA) RESOLUTI i NO. R • 1 45, - ES • - ut rizing and dir= ing the City Manager of the City of ima t• e ch act - -re ne• s to register the ity of Yakima as a participating - - - - • ency „ ith the - rn Arizo - 1 rgovernment- p ublic Transportation Authority (NAIPTA). E. Resolution accepting and authorizing the City of Yakima's 2015 assessment from the Yakima Valley Conference of Governments RESOLUTION NO. R-2014-146, A RESOLUTION accepting the 2015 Yakima Valley Conference of Governments Budget and authorizing the City of Yakima's 2015 assessment. F. Resolution ratifying and approving the City Manager's execution of a grant agreement between the City of Yakima and the Washington State Office of Public Defense accepting the terms and conditions for the receipt of a 2015 grant RESOLUTION NO. R-2014-147, A RESOLUTION ratifying and approving the City Manager's execution of a grant agreement between the City of Yakima and the Washington State Office of Public Defense accepting the terms and conditions for the receipt of a 2015 Grant. G. Resolution authorizing an Operation License Agreement with Yakima Valley Trolleys to operate and maintain the City's electrical railway system and museum RESOLUTION NO. R-2014-148, A RESOLUTION authorizing the City Manage to execute an Operating License Agreement between the City of Yakima and Yakima Valley Trolleys (YVT) until December 31, 2019. H. Resolution authorizing certain parking citations to be written off RESOLUTION NO. R-2014-149, A RESOLUTION authorizing the write-off of certain uncollectable parking citations and penalties for the City of Yakima. Page 2 of 5 I. Resolution Authorizing Certain Uncollectable Central Accounts Receivables to be Written -Off RESOLUTION NO. R-2014-150, A RESOLUTION authorizing the write-off of certain uncollectable central accounts receivables for the City of Yakima. J. Resolution authorizing the write off of certain uncollectable delinquent utility accounts receivable funds RESOLUTION NO. R-2014-151, A RESOLUTION authorizing the write-off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. 6. Audience Participation Karl Pasten, Executive Director of the Yakima Trolleys, requested Council's consideration of $78,000 from the 2015 budget for his salary. Tony Courcy, City resident, complained that no one has contacted him after he attended the last meeting. Mayor Cawley noted Mr. Courcy's requests have not been clear. PUBLIC HEARINGS 7. Public Hearing to consider a Resolution amending the City of Yakima's Comprehensive Plan adding the Yakima Central Plaza to the Capital Facilities Plan as a public improvement Cindy Epperson, Finance and Budget Director, briefed Council on the public hearing. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. Th: rea ution b le only RESOLUTI NO. R •1�SO I� am: -pita) �ilities Element of the Yakima Urb. Area C p Plan ��! -dd �� . n plaz s a planned capital facility of th Motion: Ettl moved and Adkison seconded to adopt the resolution. The motion carried by a 6-1 vote with Ensey voting no. CITY MANAGER REPORTS 8. Resolution concerning City of Yakima Management Group pay and compensation, cancelling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2015, as provided in YMC 2.20.116 (C) Mayor Cawley noted this resolution cancels the annual PACA adjustment for the management group. The City Clerk read the resolution by title only. RESOLUTION NO. R-2014-152, A RESOLUTION concerning City of Yakima Management Group pay and compensation, canceling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2015, as provided in YMC 2.20.116 (C). Motion: Adkison moved and Dittmar seconded to adopt the resolution. The motion carried by unanimous vote. 9. Resolution authorizing a contract with ELAP Services LLC (ELAP) to review health care claims by hospitals and medical facilities. Based on ELAP's eight year track record we anticipate saving $1.4 million by reviewing and auditing hospital and medical facility claims City Manager O'Rourke briefed Council on the contract, which is projected to reduce health care costs. The City Clerk read the resolution by title only. Page 3 of 5 RESOLUTION NO. R-2014-154, A RESOLUTION authorizing the City Manager to enter into a contract with ELAP Services LLC to provide employee medical cost Claim Review and Audit Service for the City's self-funded medical services. Motion: Adkison moved and Dittmar seconded to adopt the resolution. The motion carried by unanimous vote. 10. Resolution authorizing implementation of a Yakima Police Command Staff succession plan City Manager O'Rourke briefed Council the succession plan. The City Clerk read the resolution by title only. RESOLUTION NO. R-2014-155, A RESOLUTION authorizing and directing the City Manager to implement a Police Department succession plan for Captains to ensure leadership continuity and a smooth transition through senior command staff early retirements. Motion: Dittmar moved and Ettl seconded to adopt the resolution. The motion carried by unanimous vote. 11. Resolution authorizing the City Manager to grant a 1.5% base pay increase and $500 lump sum for all non -represented City employees for 2015 City Manager O'Rourke briefed Council on the resolution. Mayor Cawley noted this prevents legacy costs and reported how this group has made the largest sacrifices. The City Clerk read the resolution by title only. RESOLUTI grant a 1.5°/ ($500.00) fo ing the City Manager to e hundred dollars Motion: Lov and ittmar ded to • the resolutio The motion carried by unanimous vote. 12. Resolution approving amendments to the City Manager's Employment Agreement effective January 1, 2015, affecting the City Manger's base salary, vacation credit balance and providing for bi-annual performance evaluations at times requested by Council Mayor Cawley briefed Council on the resolution. Council Member Lover noted he believes the increase should be capped at 2 percent. Mayor Cawley and Council Members Dittmar, Ettl and Adkison noted what a great job Mr. O'Rourke has done as City Manager and feel this is well deserved. Assistant Mayor Coffey stated she was initially in favor of it; however, after seeing the total benefit package and in consideration of where the city is, she will not be voting in favor of this. She stated Mr. O'Rourke has done an excellent job pushing the City forward but feels there are still some issues to review and perhaps they could revisit this in another six months. Jim Prokop, City resident, spoke against a pay increase for the City Manager. The City Clerk read the resolution by title only. RESOLUTION NO. R-2014-157, A RESOLUTION approving amendments to the City Manager's Employment Agreement effective January 1, 2015, affecting the City Manager's base salary, vacation credit balance and bi-annual performance evaluations at times requested by Council. Motion: Dittmar moved and Adkison seconded to adopt the resolution. The motion carried by a 4-3 vote with Coffey, Ensey and Lover voting no. Page 4 of 5 ORDINANCES 13. Ordinance adopting a 2015 Budget for the City of Yakima City Manager O'Rourke briefed Council on the budget. Council Member Lover felt there were too many items in the budget that he did not agree with. Council Member Ensey noted there have been other budgets in the past that he disliked more; however, he still voted for them as he does not think his vote is a blanket approval for everything within the budget. After further Council discussion, the City Clerk read the ordinance by title only. ORDINANCE NO. 2014-038, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 2015; and making appropriations for estimated expenditures. Motion: Dittmar moved and Coffey seconded to pass the ordinance. The motion carried by a 6-1 vote with Lover voting no. 14. Ordinance making routine updates to Yakima Municipal Code Chapter 1.36 regarding the Yakima Arts Commission Sean Hawkins, Economic Development Manager, briefed Council on the minor changes. Noel Moxley, Chair of the Arts Commission, noted this updates two previous ordinances into one and removes the now defunct Allied Arts. The City Clerk read the ordinance by title only. ORDINANCE NO. 2014-039 AN ORDINANCE relatin to the Yakima Arts Commission; amending C - ' . of Muni A Code f procedures of the Yakima Motion: Cof unanimous pa the ordinance The motion carried by 15. Other Business Council Member Ensey requested a future discussion on having collective bargaining meetings open to the public. Council Member Lover agreed and also asked to add recording of executive sessions to the conversation. 16. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the Council Retreat after a short break. The motion carried by unanimous vote. The meeting adjourned at 3:03 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 5 of 5 YAKIMA CITY COUNCIL CITY COUNCIL RETREAT December 9, 2014 City Hall -- Council Chambers 3 p.m. Retreat -- MINUTES 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Clear Tee Facilitator: Bill Chiat 2. Quarterly meeting with Bill Chiat Consultant Bill Chiat discussed Council's impressions on how things are going, what they are proud of, advances o - - - • - nce i - • • areas take imreflecting on the past six month • ince ast Council discus Proud *More cordial *Getting more done *Talking to each other more *Better understanding between Council Members *Commitment to have a full meeting before action *Carry on professionally Opportunities *Respect each other *How do we demonstrate a passion for ideas and policies *Process to manage issues that don't get too political *Our image as a City *Finding information --out reach *Use citizen survey as a policy discussion --future workshop Council Governance *Keeping focus on issues --process on related issues that come up at meetings *Responsibility of all to run effective meetings *Method/order of speaking system *Procedure for discussion --clarification and questions Assistant Mayor Coffey noted some of the issues discussed are referenced in the Council's Rules of Procedure. It was Council consensus to schedule another workshop to discuss their interpretation of the citizen survey. 3. Adjournment Page 1 of 2 Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on January 6, 2015 at 6 p.m. in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 5:13 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 2 of 2