YAKIMA CITY COUNCIL
January 7, 2014
City Hall -- Council Chambers
5 p.m. Executive Session; 6 p.m. Business Meeting


EXECUTIVE SESSION
1. Roll Call
2. Executive Session regarding 1) Evaluate qualifications of candidates for Yakima City Council Position 2 vacancy and 2) Pending Litigation

BUSINESS MEETING

1.Roll Call
2.Pledge of Allegiance
3.Newly Elected Process
A.
Administration of Oath of Office to Elected Council Members Micah Cawley, Bill Lover and Dave Ettl
B.
Nomination of Meeting Chair
C.
Election of Mayor
D.
Election of Assistant Mayor
4.Open Discussions for the Good of the Order
A.Proclamations
i.National School Board Recognition Month
B.Presentations/recognitions/introductions
i.Recognition of retiring Fire Chief Dave Willson
ii.Recognition of retiring Police Lieutenant Gary Belles
iii.Recognition of retiring Police Sergeant Brenda George
iv.Recognition of City Employee Michelle Wiltsey - 30 years of service
C.Appointments to Boards, Commissions and Council Committees
i.Review Council assignments to Boards, Commissions and Council Committees
5.Council Reports
6.Consent Agenda
Items listed are considered routine by the City Council and will be enacted by one motion without discussion. A citizen or Council member may request to remove an item from the Consent Agenda and, if approved, it will be placed on the regular agenda for discussion and consideration.
A.
Approval of the minutes from the November 5, 19 and December 3 and 10, 2013 City Council Business meetings and November 12 and 26, 2013 Study Sessions.
B.Parks & Recreation 2013 Accomplishments
C.Resolution authorizing set date of January 21, 2014 for public hearing to consider recommendation of Planning Commission and ordinance amending YMC 15.01.035 pertaining to production, processing and retailing of marijuana within the City of Yakima.
D.Resolution authorizing the City Manager to accept a grant offer from Washington Department of Transportation - Aviation Division.
E.Resolution authorizing the City Manager to sign the Washington State Transportation Improvement Board Fuel Tax Grant Agreement accepting a grant from the Transportation Improvement Board (TIB) to make improvements to the Tieton Drive and 64th Avenue Intersection.
F.Resolution authorizing engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the North 16th Avenue and Cherry Irrigation Rehabilitation Project IR2377, not to exceed $40,700.
G.Resolution authorizing an amendment to 911 Support Services Agreement.
H.Resolution authorizing the Purchase of an 8-inch Heavy Duty Trash Pump and Trailer for the Wastewater and Stormwater Divisions.
I.Resolution authorizing the execution of an updated Interlocal Agreement with Yakima County to arrange joint cooperative purchases of certain goods and services.
J.Resolution authorizing an Interlocal Agreement with Yakima County, authorizing the County to continue to use the City Council Chambers to hold its public meetings and hearings and accepts the receipt of County funds to be used for Council Chamber improvements.
K.Resolution authorizing an agreement with Loofburrow Wetch Architects, P.S. for a space needs assessment study of the Richard A. Zais Jr. Center for Law and Justice.
7.Audience Participation
Community members are invited to address items that are not listed on the regular business meeting agenda. A guideline of three (3) minutes per speaker is in place in order to allow as much opportunity as possible for audience participation. A speaker's time may be extended at the discretion of the Mayor and/or the consensus or vote of the Council. Written communication and e-mail messages are strongly encouraged.
CITY MANAGER REPORTS
8.Review of Draft  Requests for Proposals related to (1) Plaza Design Options, and (2) Parking & Circulation Study.
9.Consideration of opening of the 2014 Comprehensive Plan Amendment process and evaluating Planning Division's strategic priorities.
10.Resolution authorizing a wage and benefit package for 2014-2017 with the American Federation of State, County, and Municipal Employees (AFSCME) Local 1122 representing the municipal employees bargaining unit.
11.Other Business
A.Discuss process for evaluating qualifications of candidates for Yakima City Council vacancy
12.Adjournment
The next meeting will be a Council Study Session on January 14, 2014 at 10 a.m. in the Council Chambers.
13.Council General Information
A.Council General Information
14.Confidential
A.Confidential Item

Any invocation that may be offered before the official start of the Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council, and the Council does not endorse the religious beliefs or views of this, or any other speaker.

A Council packet is available for review at the City Clerk's Office and the Library. A packet is also available on-line at www.yakimawa.gov.

The City provides special accommodations, such as hearing devices, wheelchair space or language interpreters, for City meetings. Anyone needing special assistance please contact the City Clerk's office at (509) 575-6037.

YAKIMA CITY COUNCIL
January 7 2014
City Hall -- Council Chambers
5 p.m. Executive Session; 6 p.m. Business Meeting -- MINUTES


EXECUTIVE SESSION
1. Roll Call
Council Members:  Micah Cawley, Maureen Adkison, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover
2. Executive Session regarding 1) Evaluate qualifications of candidates for Yakima City Council Position 2 vacancy and 2) Pending Litigation
Executive Session was held and adjourned at 5:42 p.m.

BUSINESS MEETING

1.Roll Call
Council Members:  Micah Cawley, Maureen Adkison, 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
Council Member Cawley led the Pledge of Allegiance.
3.Newly Elected Process
A.
Administration of Oath of Office to Elected Council Members Micah Cawley, Bill Lover and Dave Ettl
City Clerk Claar Tee administered the Oath of Office to Elected Council Members Micah Cawley, Dave Ettl and Bill Lover.
B.
Nomination of Meeting Chair
Council Member Coffey nominated Council Member Cawley as Meeting Chair. The nomination passed by a unanimous voice vote.
C.
Election of Mayor
Council Member Ettl nominated Council Member Cawley for Mayor. Council Member Adkison nominated Council Member Ensey for Mayor. Cawley, Ettl and Lover voted for Cawley and Adkison, Coffey and Ensey voted for Ensey. Nominations fail 3-3.

City Attorney Cutter stated there is nothing in the City's Charter or an ordinance to address this situation; therefore, they will need an alternative idea.

Coffey moved and Adkison seconded to wait until the new council member is seated for the Mayor election. The motion carried by a 4-2 roll call vote with Ensey and Ettl voting no.

Council Member Ensey stated this is probably the worst decision they can make as they are asking someone to come in to this Council for a decision they can't make. Council Member Ettl feels this is a cop-out. Council Members Adkison, Lover and Cawley feel it would be beneficial to have the new Council Member help make the determination.
D.
Election of Assistant Mayor
Council Member Ensey nominated Council Member Coffey as Assistant Mayor. Council Member Cawley nominated Council Member Lover as Mayor Pro Tem. The nomination for Kathy Coffey as Mayor Pro Tem passed 4-2. Adkison, Coffey, Ensey and Lover voted for Kathy Coffey while Cawley and Ettl voted for Lover.
4.Open Discussions for the Good of the Order
A.Proclamations
Assistant Mayor Coffey proclaimed the week of January 19-25, 2014 as Martin Luther King, Jr. Week. Steve Mitchell, Chair of the Martin Luther King Jr. Day Planning Committee, accepted the proclamation.

i.National School Board Recognition Month
Council Member Cawley read a proclamation declaring January as School Board Recognition Month. Yakima School District Board Members Walt Ranta, Martha Rice and Jeni Rice accepted the proclamation.
B.Presentations/recognitions/introductions
i.Recognition of retiring Fire Chief Dave Willson
Council Member Cawley recognized Fire Chief Willson for his 30 years of service to the City of Yakima Fire Department. Council members spoke very highly of Chief Willson and thanked him for his service and community involvement. Chief Willson thanked many people for their hard work over the years. 
ii.Recognition of retiring Police Lieutenant Gary Belles
Chief Rizzi recognized and thanked Lt. Gary Belles for his 30 years with the City. Lt. Belles thanked the people in Yakima and the Police Department for allowing him to serve on the Police Department.
iii.Recognition of retiring Police Sergeant Brenda George
Chief Rizzi recognized and thanked Sgt. Brenda George for her 30 years of service with the Police Department. He also described how Sgt. George was in charge of the Special Assault Unit, which is the finest unit he has seen in all of his experience, with officers who are bar none due to her leadership. Sgt. George expressed how proud of the department she is and stated it was an honor spending 30 years with this department.
iv.Recognition of City Employee Michelle Wiltsey - 30 years of service
Human Resource Manager Mattia recognized employee Michelle Wiltsey for her 30 years of service to the City of Yakima.  
C.Appointments to Boards, Commissions and Council Committees
i.Review Council assignments to Boards, Commissions and Council Committees
Coffey moved and Lover seconded to postpone this issue until the new Council Member is appointed. The motion carried by a 4-2 roll call vote with Cawley and Ettl voting no.
5.Council Reports
6.Consent Agenda
Assistant Mayor Coffey 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.)

Assistant Mayor Coffey noted a correction on the set date for the public hearing on item 6C. The public hearing will begin at 6:30 p.m. instead of 7 p.m. Assistant Mayor Coffey asked when the Attorney General's opinion would be issued. City Attorney Cutter stated there was no date set; however, the comment period had closed.  

Ensey moved and Adkison seconded to approve the consent agenda. The motion carried by a unanimous roll call vote.
A.
Approval of the minutes from the November 5, 19 and December 3 and 10, 2013 City Council Business meetings and November 12 and 26, 2013 Study Sessions.
B.Parks & Recreation 2013 Accomplishments
C.Resolution authorizing set date of January 21, 2014 for public hearing to consider recommendation of Planning Commission and ordinance amending YMC 15.01.035 pertaining to production, processing and retailing of marijuana within the City of Yakima.
RESOLUTION NO. 2014-001, A RESOLUTION setting date for public hearing on January 21, 2014 to receive recommendation of Planning Commission and to consider proposed ordinance to amend YMC 15.01.035 regarding production, processing and retailing of marijuana within the City of Yakima.
D.Resolution authorizing the City Manager to accept a grant offer from Washington Department of Transportation - Aviation Division.
RESOLUTION NO. 2014-002, A RESOLUTION authorizing the City Manager to accept a grant from Washington State Department of Transportation (WSDOT) in the amount of $250,000 to be utilized for matching funds with the Terminal Apron Rehabilitation Construction Project and Alpha Taxiway Rehabilitation Construction Project.
E.Resolution authorizing the City Manager to sign the Washington State Transportation Improvement Board Fuel Tax Grant Agreement accepting a grant from the Transportation Improvement Board (TIB) to make improvements to the Tieton Drive and 64th Avenue Intersection.
RESOLUTION NO. 2014-003, A RESOLUTION authorizing the City Manager to sign the Washington State Transportation Improvement Board Fuel Tax Grant Agreement accepting a grant from the Transportation Improvement Board (TIB) to make improvements to the Tieton Drive and 64th Avenue Intersection.
F.Resolution authorizing engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the North 16th Avenue and Cherry Irrigation Rehabilitation Project IR2377, not to exceed $40,700.
RESOLUTION NO. 2014-004, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the design and production of contract documents for the North 16th Avenue and Cherry Irrigation Rehabilitation Project IR2377.
G.Resolution authorizing an amendment to 911 Support Services Agreement.

RESOLUTION NO. 2014-005, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Fifth Amendment to the “911 Support Services Agreement” with Yakima County for the provision of 911 services that extends the term of the Agreement to December 31, 2014.

H.Resolution authorizing the Purchase of an 8-inch Heavy Duty Trash Pump and Trailer for the Wastewater and Stormwater Divisions.
RESOLUTION NO. 2014-006, A RESOLUTION authorizing the City Manager to execute the purchase of an 8-inch heavy duty trash pump and trailer for the Wastewater Division.
I.Resolution authorizing the execution of an updated Interlocal Agreement with Yakima County to arrange joint cooperative purchases of certain goods and services.
RESOLUTION NO. 2014-007, A RESOLUTION authorizing the execution of an updated Interlocal Agreement with Yakima County.
J.Resolution authorizing an Interlocal Agreement with Yakima County, authorizing the County to continue to use the City Council Chambers to hold its public meetings and hearings and accepts the receipt of County funds to be used for Council Chamber improvements.
RESOLUTION NO. 2014-008, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Agreement between the City of Yakima and Yakima County, authorizing the County to continue to use the City Council Chambers to hold its public meetings and hearings and accepts the receipt
K.Resolution authorizing an agreement with Loofburrow Wetch Architects, P.S. for a space needs assessment study of the Richard A. Zais Jr. Center for Law and Justice.
RESOLUTION NO. 2014-009, A RESOLUTION authorizing the City manager to execute an agreement between Loofburrow Wetch Architects, P.S. and City of Yakima for a space needs assessment study of the Richard A. Zais Jr. Center for Law and Justice.
7.Audience Participation
Joe Walsh spoke on behalf of Central Washington Homebuilders and suggested the Council allow audience comments at the study session, scheduled for January 14, 2014, regarding the proposed street cut ordinance amendment. Assistant Mayor Coffey clarified they recently changed the policy so there will be audience comments at the study session. 

Candie Turner, City resident, stated she attended the Study Session for the Mill Site where public comment was allowed. She reported recently taking a continuing education class at the Hilton and the instructor commented positively on the appearance of downtown Yakima. Further, she voiced her disappointment regarding comments made at a recent Council business meeting and feels applause by audience members during Council discussion is not disrespectful. Council Member Ettl read the Council's policy against applause during Council discussion in a meeting, which is on the citizen sign-in sheet and is filled out in order to speak at a Council meeting.
 
The following individuals spoke in favor of medical marijuana:

Mitch Gordon, City resident; Jeffrey McPhee, non-resident; Paul Tabayoyon, City resident; Jared Ozua, City resident; Margaret Jewett, non-resident; Nathan Murphy, City resident; Carol Johnson, non-resident; and Mary Kirk, who gave her time to speak to Jeffrey McPhee.
CITY MANAGER REPORTS
8.Review of Draft  Requests for Proposals related to (1) Plaza Design Options, and (2) Parking & Circulation Study.
City Manager O'Rourke briefed Council on the plaza design options. He noted Pioneer square in Portland is only one acre and we have two acres. Assistant Mayor Coffey suggested in the scope of work, they review the public input already provided. Council Member Ettl stated he spoke to Mr. Arambula and was reminded the preferred site was overwhelming supported by the public. 

City Manager O'Rourke clarified that the City is asking for three designs, two on the preferred site and one at another site. Council Member Lover stated he still believes there should be a vote on this by the public whether it is an advisory vote, a poll or through a survey. However, he will wait to ask for this until there is more information on the designs and sites. 

Cawley moved and Adkison seconded to adopt the proposals made by staff. The motion carried by unanimous roll call vote.
9.Consideration of opening of the 2014 Comprehensive Plan Amendment process and evaluating Planning Division's strategic priorities.
City Manager O'Rourke spoke on the 2014 Comprehensive Plan Amendment process and on evaluating Planning Division's strategic priorities.

Ensey moved and Lover seconded to open the Comprehensive Plan Amendment Process. The motion carried by a unanimous roll call vote.
10.Resolution authorizing a wage and benefit package for 2014-2017 with the American Federation of State, County, and Municipal Employees (AFSCME) Local 1122 representing the municipal employees bargaining unit.
City Manager O'Rourke briefed Council on the contract and noted they have a revision to the contract, which is before them.

The City Clerk read the resolution by title.

RESOLUTION NO. 2014-010, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for wages and benefits for 2014-2017 with the American Federation of State, County and Municipal Employees (AFSCME) Local 1122 representing the Municipal Employees bargaining unit.

Adkison moved and Ensey seconded to adopt the resolution. The motion carried by a unanimous roll call vote.

11.Other Business
A.Discuss process for evaluating qualifications of candidates for Yakima City Council vacancy
Council Member Ensey suggested they follow the same process they used before and allow each candidate three minutes to present on why they should be chosen. Afterwards, they can reduce the number of candidates for more in-depth interviews.

Ensey moved and Adkison seconded to set up three minute interviews for all candidates. The motion carried by a unanimous roll call vote.

Council Member Ensey brought up another issue regarding pools. He stated he wasn't asking for action tonight as he is willing to wait until they have a full Council. He stated the pools are aging and there are not enough funds to keep them up. He suggested a Charter change allocating  $750,000 annually for parks and recreation for pools or any parks and recreation capital improvements.

Assistant Mayor Coffey mentioned this was a topic at the Council Built Environment Committee meeting prior to the holidays. She restated her opposition in using general funds for retiring bonds and would like staff to bring back a detailed report on what other municipalities do (or don't do) as she feels this is a dangerous practice. City Manager O'Rourke said they will bring back this information at the next Council meeting in the Five-year Financial Plan.
12.Adjournment
Ensey moved and Coffey seconded to adjourn. The motion carried by unanimous voice vote. The meeting adjourned at 7:37 p.m. to a Council Study Session on January 14, 2014 at 10 a.m.

CERTIFICATION
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