HomeMy WebLinkAbout08/06/2013 Business Meeting/Executive Session 435
YAKIMA CITY COUNCIL
August 6, 2013
Council Chambers -- City Hall
1 PM Executive Session; 2 PM Business Meeting; 2:30 PM Public Hearing
MINUTES
La * Back ,.', Print
EXECUTIVE SESSION
1. Roll Call
2. Executive Session to review the performance of a public employee.
Executive Session was held and adjourned at 2 p.m.
BUSINESS MEETING
1. Roll Call
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. Proclamations
i. KIMA -TV 60th Anniversary
Mayor Cawley read the proclamation for KIMA's 60th anniversary. Jim Niedelman and Bob Berry
accepted and thanked Council for the proclamation.
B. Presentations /recognitions /introductions
i. Recognition of retiring City employee Bruce Benson for 22 years of service to the City
of Yakima.
Community Development Director Osguthorpe recognized retiring City employee Bruce Benson
for his 22 years of service. He noted Bruce's history of work in the Valley and his contributions to
the City of Yakima, noting his co- workers refer to him as a walking "thesaurus." Mr.
Benson stated he appreciated his 22 years at the City of Yakima and really enjoyed it.
Introduction of two contract Animal Control Officers from the Humane Society.
Codes Manager Caruso introduced Angel Reyes and Evangeline "Benjie" Hernandez as recently
hired Animal Control Officers who are contract employees from the Humane Society.
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C. Appointments to Boards, Commissions and Council Committees
i. Reappoint Joe Mann to the Historic Preservation Commission.
Ensey moved and Adkison seconded to reappoint Joe Mann to the Historic Preservation
Commission.
Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison.
Approved 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl,
Lover.
•
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 items
were added to the consent agenda.
*Resolution authorizing professional service contracts for specialized professional appraisal
services associated with the City's negotiations to acquire certain real property adjacent to the
Yakima Air Terminal.
*Resolution authorizing $10 million grant application with FAA and the use of the City's Interfund
Loan Program to provide 10% grant match when required for improvements to the Yakima Air
Terminal.
*Resolution setting August 20, 2013 at 7 p.m. for a public hearing to hear from the public
regarding smoking at special events, smoking in parks and smoking near playgrounds.
*Resolution authorizing implementation of a Yakima Police Command Staff succession plan.
*Resolution authorizing the City Manager to grant a one -time payment of One Thousand Dollars
($1,000.00), and one additional personal holiday for all non - represented City employees for
calendar year 2013.
*Second Quarter Strategic Priorities Update
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 Council Member Kathy
Coffey. Approved 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey,
Ettl, Lover.
A. Final Contract Payment for POW Contracting - City Project 2264 Beech Street Area Sewer
(Standard Motion V -B- Accept the project and approve the final payment)
B. Set August 20, 2013 as the date for a public hearing to consider the right -of -way petition
submitted by Sun Valley Plaza, LLC for an unnamed section of public right -of -way
C. Set date for public hearing on August 20, 2013 to consider Ordinance adding new Chapter
15.19 YMC pertaining to telecommunication towers and facilities.
D. Resolution authorizing agreement with Conley Engineering, Inc. for engineering and
consulting services associated with City of Yakima, Water Treatment Plant – WTP and
Remote Site PLC Upgrade project.
RESOLUTION NO. R- 2013 -094, A RESOLUTION authorizing the City Manager to execute the
attached and incorporated engineering and consulting services agreement with Conley
Engineering, Inc. for engineering and consulting services associated with City of Yakima, Water
Treatment Plant – WTP and Remote Site PLC Upgrade project
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E. Resolution authorizing agreement with Gene O'Dell dba O'Dell Enterprises with the Yakima
Air Terminal.
RESOLUTION NO. R -2013 -095, A RESOLUTION authorizing the City Manager to execute a
Lease Agreement with Eugene O'Dell dba O'Dell Enterprises
F. Resolution authorizing Professional Services Contract for property and casualty insurance
broker and risk management services with Wells Fargo Insurance Services USA, Inc.
RESOLUTION NO. R- 2013 -096, A RESOLUTION authorizing the City Manager of the City of
Yakima to execute a professional services contract for property and casualty insurance broker
and risk management services with Wells Fargo Insurance Services USA, Inc.
G. Resolution Authorizing an Interlocal Purchasing Agreement with Stark Area Regional
Transit Authority (SARTA) Canton, Ohio
RESOLUTION NO. R -2013 -097, A RESOLUTION authorizing the execution of an Interlocal
Agreement with Stark Area Regional Transit Authority (SARTA) Canton, Ohio.
H. Resolution authorizing professional service contracts for specialized professional appraisal
services associated with the City's negotiations to acquire certain real property adjacent to
the Yakima Air Terminal.
RESOLUTION NO. 2013 -098, A RESOLUTION authorizing the City Manager to execute
professional service contracts for specialized professional appraisal services associated with the
City's negotiations to acquire certain real property adjacent to the Yakima Air Terminal.
I. Resolution authorizing $10 million grant application with FAA and the use of the City's
Interfund Loan Program to provide 10% grant match when required for improvements to
the Yakima Air Terminal.
RESOLUTION NO. 2013 -099, A RESOLUTION authorizing the City Manager of the City of
Yakima to apply for a series of grants from the Federal Aviation Administration for capital
improvements at the Yakima Air Terminal totaling approximately $10 million; and authorizing the
use of the City's Interfund Loan Program to provide the 10% local grant match when required.
J. Resolution setting August 20, 2013 at 7 p.m. for a public hearing to hear from the public
regarding smoking at special events, smoking in parks and smoking near playgrounds.
RESOLUTION NO. 2013 -100, A RESOLUTION setting the time and place for a public hearing
on August 20, 2013 at 7:00 PM in the City of Yakima Council Chambers to hear from the public
regarding smoking at special events, smoking in parks and smoking near playgrounds.
K. Resolution authorizing implementation of a Yakima Police Command Staff succession plan.
RESOLUTION NO. 2013-101, A RESOLUTION authorizing and directing the City Manager to
implement a Police Department succession plan to ensure leadership continuity and a smooth
transition through senior command staff early retirements.
L. Resolution authorizing the City Manager to grant a one -time payment of One Thousand
Dollars ($1,000.00), and one additional personal holiday for all non - represented City
employees for calendar year 2013.
RESOLUTION NO. 2013 -102, A RESOLUTION concerning employee compensation:
authorizing the City Manager to grant a one -time payment of One Thousand Dollars ($1,000.00),
and one additional personal holiday for all non - represented City employees for calendar year
2013.
M. Second Quarter Strategic Priorities Update
6. Audience Participation
Robert Owen, City resident, spoke in opposition of the proposal of requiring permits for
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438
panhandling and feels this will legitimize the behavior. Mayor Cawley clarified it was merely part
of a Council discussion and didn't receive a lot of interest.
PUBLIC HEARINGS
7. Public meeting to consider the Yakima Planning Commission's recommendation to amend YMC
15.09 related to retaining wall standards.
Community Development Director Osguthorpe briefed Council on the issue.
Mayor Cawley opened the public hearing.
Joe Walsh, with Central Washington Home Builders, stated he provided his comments in writing.
He pointed out an example of Jersey barriers. Leaving Ellensburg via the Canyon, there is
a trucking company surrounded by Jersey barriers stacked three to four high, a configuration
which is not designed for a lateral loads. There are better options on the market today and better
engineering. The proposal from the Planning Commission is simple and defines what would
take care of the problem.
Council Member Bristol asked why there is a need to identify specific products. Mr. Walsh
responded; those are the products that exist today, and there could be products created in the
future that may work better. The International Building Codes further defines what is appropriate.
Steve Campbell, City resident, feels less government is better government, but believes there
are things needed to be in place to protect citizens from what can happen. He would hate to
have anyone else endure the nightmare they have had to endure for the last eight years. He is
comfortable with option three.
Alice Campbell, City resident, provided a picture of the wall as it exists today, not the photo that
was displayed. They are in support of the new standards, noting the incident with their back yard
has devalued their home and taken the safety from their yard.
With no one else coming forward, Mayor Cawley closed the public hearing.
Ensey moved and Lover seconded to accept option three, which is the Planning
Commissions recommendation.
Council Member Ensey noted the retaining wall being discussed should have never been built
the way it was or should have been stopped from being built. Council Member Ettl stated he has
been frustrated with this issue and noted he visited the Campbell's several years ago and saw
the mess they have lived with for eight years. He discussed it with staff and didn't feel the City
was able to address any of the issues. He would like clarity on this issue in order to get quicker
results if something were to ever happen again. He is happy to see some standards being put in
place but wonders what Council can do so they are not incapacitated in helping people when
they seek redress.
Mr. Campbell added they had 20 of these concrete blocks tumble into their yard, which could
have killed someone. Additionally, his insurance company determined it was a failure of the earth
and denied any payment. Four other property owners have also been affected.
City Manager O'Rourke stated Mr. Campbell's concerns are valid and nobody should have to
deal with this type of thing. He is hoping to find a reasonable resolution and thinks the
steps Council is taking today will help prevent further issues from happening.
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.
8. Appeal Hearing - to consider appeal of Ron Pendleton from a Decision of the Hearing Examiner -
affirming Notice of Noncompliance /Order to Comply with code enforcement order to restore
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paved walkway improvement along frontage of 207 North 33 Avenue, Yakima.
This item was struck from the agenda.
CITY MANAGER'S REPORTS
9. Quarterly Gang Free Initiative Report
Steve Magallan, of Magallan Consultancy, reported the GFI second quarter is in the books. The
211 phone line is up and running with many options. Council Member Lover asked what was
wrong with the name "Gang Free Initiative." Mr. Magallan explained the "Gang Free Project"
indicates it is a project and now offers programs rather than just the initiative as when it
started. Council Member Coffey mentioned the brochure that is now available, and Mr.
Magallan confirmed they are on track for the 2013 benchmarks.
10. Resolution authorizing an Agreement with Central Washington Comprehensive Mental Health to
provide evidence based programming and /or activities in conjunction with the Yakima Gang Free
Initiative Youth and Family Development Center.
Steve Magallan, Magallan Consultancy, briefed Council on the item.
The City Clerk read the resolution by title.
RESOLUTION NO. R -2013 -103, A RESOLUTION authorizing and directing the City Manager of
the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental
• Health to provide evidence based programming and /or activities in conjunction with the Yakima
Gang Free Initiative Youth and Family Development Center.
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.
11. Resolution authorizing execution of a Collective Bargaining Agreement with the American
Federation of State, County and Municipal Employees (AFSCME) Local 1122 representing the
Uniformed Transit Employees, effective January 1, 2013 through December 31, 2015.
City Manager O'Rourke briefed Council on the item.
The City Clerk read the resolution by title.
RESOLUTION NO. 2013 -104, A RESOLUTION authorizing and directing the City Manager to
execute a collective bargaining agreement for 2013 -2015 with the American Federation of State,
County and Municipal Employees (AFSCME) Local 1122 representing the Uniformed Transit
Employees bargaining unit.
Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison.
Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl,
Lover.
12. Reading of a Public Employment Relations Commission Notice to Employees that the City
committed an Unfair Labor Practice (ULP).
Senior Assistant City Attorney Mitchell gave background information on the issue and read the
Notice into the record, which will be added to the final minutes as part of the record.
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ORDINANCES
13. Ordinance amending Sections 1.43.080 and 14.20.250 of the Yakima Municipal Code pertaining
to procedures for hearing petitions for vacation of rights -of -way.
City Manager O'Rourke noted this ordinance addresses the issue of having a closed record
hearing on this type of vacation; instead it would be an open meeting item.
Senior Assistant City Attorney Kunkler pointed out this ordinance will remove the "closed public
hearing" distinction from a street vacation petitions, as these are legislative in nature. Council
will still have the opportunity to hear from interested parties. All other land use decisions will
come to Council as before.
The City Clerk read the ordinance by title.
ORDINANCE NO. 2013 -033, AN ORDINANCE relating to vacation of streets and public rights-
. of -way; amending Sections 1.43.080 and 14.20.250 of the Yakima Municipal Code regarding
procedures applicable to vacation of streets and public rights -of -way.
Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Passed 7-
0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover.
14. Ordinance concerning Parks and Playgrounds, park curfew, removing a condition precedent to
conviction and revising the penalty for violation of conditions; and amending Sections 13.20.030
and 13.20.040 of the City of Yakima Municipal Code.
City Attorney Jeff Cutter briefed Council on the item. Council Member Coffey expressed her
appreciation to staff for making the ordinance stronger.
The City Clerk read the ordinance by title.
ORDINANCE NO. 2013 -034, AN ORDINANCE concerning Parks and Playgrounds, removing a
condition precedent to conviction and revising the penalty for violation of conditions; and
amending Sections 13.20.030 and 13.20.040 of the City of Yakima Municipal Code.
Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Passed 7-
0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover.
15. First reading of an Ordinance amending the 2013 budget for the City of Yakima; and making
appropriations from Unappropriated Fund Balances within various Funds for expenditure during
2013 as noted in the summary attached. (no action required at this meeting; second reading
scheduled August 20,2013).
Finance and Budget Director Epperson briefed Council on the budget amendment.
An ordinance amending the 2013 budget was read by title only, and laid on the table until August
20, 2013 fora second reading.
AN ORDINANCE amending the 2013 budget for the City of Yakima; and making appropriations
from Unappropriated Fund Balances within various Funds for expenditure during 2013 for the
purposes described in the attached Schedule.
16. Other Business
A. Council Partnerships Committee Assignments
Ensey moved and Cawley seconded to replace Dave Ettl with Kathy Coffey on the Council
Partnerships Committee.
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Moved by Council Member Rick Ensey, Seconded by Mayor Micah Cawley. Carried 7 -0.
Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover.
17. Adjournment
The meeting adjourned at 3:20 p.m. to the next Council Business meeting on August 20, 2013 at
' 6 p.m.
Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Dave
Ettl. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl,
Lover.
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