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Home My WebLink About08/20/2013 Business Meeting/Executive Session .443 YAKIMA CITY COUNCIL August 20, 2013 City Hall -- Council Chambers 5 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES N. Back Print • : ��- r-:7.;;;%:.7..__ --:: : tea _....., ; .. • _.., - N:� s- .::: --• EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Rick Ensey, Dave Ettl and Bill Lover Absent: Council Member Kathy Coffey (excused) 2. Executive Session regarding pending litigation. Executive Session was held and adjourned at 5:45 p.m. BUSINESS MEETING 1. Roll CaII Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee Absent: Council Member Kathy Coffey (excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Presentations /recognitions /introductions i. Recognition of Yakima Fire Department and firefighters from Engine 92 and Engine 293 who recently received a 2012 Heroism and Community Service Award from Firehouse Magazine for their bravery and quick response. Chief Willson detailed the rescue by Engine 92 in late 2012, which resulted in saving a life and the crew's award for community service heroism by Fire House Magazine. Lieutenant Dexter accepted the award on behalf of the fire crew members involved. ii. Recognize Utility Service Representative Ann Northrup Cindy Epperson, Director of Finance and Budget, recognized and accepted a City Apple award for Utility Division employee Ann Northrup for her outstanding work on behalf of the City. Page 1 of 8 444 iii. Recognition Equipment Rental Division City Employee Terry Marrs Acting Public Works Director Schafer and Fleet Manager Wonner recognized Fleet Division employee Terry Marrs for his outstanding work on behalf of the City. Mayor Cawley presented Mr. Marrs with a City Apple award, and Mr. Marrs stated it was an honor. B. Appointments to Boards, Commissions and Council Committees i. Council Nominating Committee recommendations for appointment. Mayor Cawley reviewed the list of appointments and added appointing Ryan Low to the Historic Preservation Commission to the list of recommended appointments, which were approved by Council. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 4. Council Reports i. Public Safety Committee minutes from 7 -26 -13 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. ii. Council Nominating Committee minutes from August 9, 2013. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 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: Set date for Public Hearing on September 3, 2013 to consider ordinance extending moratorium pertaining to wireless communication facilities and cell towers for one month and adopting findings of fact in support thereof. Resolution amending the City Manager's employment agreement to provide for semi annual performance reviews and to provide the accrual of two annual leave days per month. (Mayor Cawley noted a replacement contract with a revision was before them in place of the contract in the agenda packet.) Ordinance amendment authorizing the City Manager to adjust vacation accruals for non - represented executive, executive support, and public safety management series prospective and incumbent employees. 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 Sara Bristol. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. A. 2013 2nd Quarter Capital Improvement Projects Report B. 2nd Quarter Financial Trend Monitoring report Page 2 of 8 445 C. 2013 - 2nd Quarter Treasury Report. D. 2nd Quarter 2013 Accounts Receivable Status Report. E. Resolution concerning Administration; authorizing the City Manager to execute a Lease Agreement between The Tower, LLC and the City of Yakima to provide office space to house the Capitol Theatre staff. RESOLUTION NO. R- 2013 -105, A RESOLUTION concerning Administration; authorizing the City Manager to execute a Lease Agreement between The Tower, LLC and the City of Yakima to provide office space to house the Capitol Theatre staff. F. Resolution authorizing an agreement between Day Wireless Systems and City of Yakima for the Up -Fit of sixty three (63) new police vehicles. RESOLUTION NO. R- 2013 -106, A RESOLUTION authorizing the City manager to execute an agreement between Day Wireless Systems and City of Yakima for the Up -Fit of sixty three (63) new Police vehicles. G. Resolution authorizing Addendum No. 4 to existing Professional Services Agreement 2012- 42 with Huibregtse, Louman Associates, Inc. (HLA) for Phase 6 additional services rendered during Construction under the original contract. RESOLUTION NO. R- 2013 -107, A RESOLUTION authorizing the City Manager to execute Addendum No. 4 to existing Professional Services Agreement 2012 -42 with Huibregtse, Louman Associates, Inc. (HLA) for Phase 6 additional services rendered during Construction under the original contract. • H. Resolution authorizing an Agreement with the Washington Department of Fish and Wildlife for a grant of $56,50() for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Plant. RESOLUTION NO. R -2013 -108, A RESOLUTION authorizing the City Manager to execute an Agreement with the Washington Department of Fish and Wildlife for a grant of $56,500 for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Plant. I. Resolution authorizing an Agreement with the Environmental Protection Agency (EPA) to conduct research related to the City of Yakima Wastewater Treatment Plant's Floodplain Restoration and. Alternative Outfall project and the Gap to Gap Flood Hazard Reduction project. RESOLUTION NO. R -2013 -109, A RESOLUTION authorizing the City Manager to execute an Agreement with the Environmental Protection Agency (EPA) to conduct research related to the City of Yakima Wastewater Treatment Plant's Floodplain Restoration and Alternative Outfall project and the Gap to Gap Flood Hazard Reduction project. J. Resolution authorizing an Agreement with the North Yakima Conservation District for the supply and delivery of native riparian and upland plants related to the City of Yakima Wastewater Treatment Plant Outfall Relocation and Floodplain Habitat Restoration Project. RESOLUTION NO. R -2013 -110, A RESOLUTION authorizing the City Manager to execute an Agreement with the North Yakima Conservation District for the supply and delivery of native riparian and upland plants related to the City of Yakima Wastewater Treatment Plant Outfall Relocation and Floodplain Habitat Restoration Project. K. Resolution authorizing sole source and purchase of six (6) Haenni WL101 scales from Loadometer Corporation. RESOLUTION NO. R- 2013 -111, A RESOLUTION authorizing the sole source and purchase of 6 portable Haenni WL101 scales from Loadometer. Page 3 of 8 446 L. Resolution authorizing lease agreement with T.J. and Linda Davis dba Shortys Sweets, Treats, Cakes and the Yakima Air Terminal. RESOLUTION NO. R- 2013 -112, A RESOLUTION authorizing the City Manager to execute a Lease Agreement with T.J and Linda Davis dba Shortys Sweets and Treats and Cakes M. Resolution authorizing consent to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by the Personal Representative of the Estate of Marina Barajas. RESOLUTION NO. R- 2013 -113, A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by the Personal Representative of the Estate of Marina Barajas. N. Resolution authorizing consent to a settlement entered into by Cities Insurance Association of Washington ( "CIAW') and Munich Reinsurance to resolve and settle the lawsuit brought by Tracy Garcia. RESOLUTION NO. R- 2013 -114, A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by Cities Insurance Association of Washington ( "CIAW') and Munich Reinsurance to resolve and settle the lawsuit brought by Tracy Garcia. O. Second 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. ORDINANCE NO. 2013 -035, 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. P. Set date for Public Hearing on September 3, 2013 to consider ordinance extending moratorium pertaining to wireless communication facilities and cell towers for one month and adopting findings of fact in support thereof. September 3, 2013, was set as the date of a public hearing to consider extending the moratorium pertaining to wireless communication facilities and cell towers for one month. Q. Resolution amending the City Manager's employment agreement to provide for semi annual performance reviews and to provide the accrual of two annual leave days per month. RESOLUTION NO. R- 2013 -115, A RESOLUTION concerning the City Manager's contract; amending the City Manager's contract to provide for semi - annual performance reviews and to provide the accrual of two annual leave days per month. R. Ordinance amendment authorizing the City Manager to adjust vacation accruals for non - represented executive, executive support, and public safety management series prospective and incumbent employees. ORDINANCE NO. 2013 -036, AN ORDINANCE amending Section 2.40.020 of the City of Yakima Municipal Code by adding new paragraph "C." adding City Manager discretion to adjust vacation accruals, and re- lettering subsequent sections as "D.," "E.," and "F.," respectively. 6. Audience Participation Charles Noel, City resident, commented on an issue at the July 16, 2013 Council meeting regarding support letters. He doesn't feel the City should be writing letters of support for any group. Bill Duerr, City resident, expressed his appreciation for the City's involvement in his block watch event during National Night Out. He hopes more citizens will join he block watch program as this is an effective tool against crime. Page 4of8 447 Henry Herron, City resident, reported he has filed a complaint with the Police Department over harassment and threats he has received from employees at Russillo's for parking on Front Street, which he believes is a free parking area. He stated he was surprised to find out the City Manager recently signed a contract to gift the parking to Russillo's. He believes parking in downtown is a problem and he doesn't believe it is fair for the City to gift parking to one particular business. He stated other businesses in the area are trying to find out how they can obtain free parking. Mayor Cawley stated he will have staff look into this issue. Candie Turner, City resident, detailed her father -in -law's illness and death in 2007. Her family was assisted greatly by Rev. Ken Roberts who is now a Chaplain for the Yakima Police Department, which she feels is lucky to have him. Ralph Call, City resident, spoke on behalf of the Barge Chestnut Neighborhood Association (BCNA). He reported he will not be here for the September 3 hearing and can't stay for the public hearing this evening and would like to comment now. He stated he attended the last Planning Commission meeting, and feels it is important to get it right; therefore, the BCNA supports the Planning Commission's request for an extension on the cell phone moratorium until the end of the year. He understands AT &T will request that the extension only be for 30 days; however, he feels AT &T's request should be denied as they have no plans for installing a new cell phone tower in the immediate future and the Planning Commission should be given more time to review the issue. PUBLIC HEARINGS 7. Public hearing to consider amending YMC Chapter 15 relating to communication tower facilities. Senior Assistant City Attorney Kunkler detailed the request from the Planning Commission, residents and some members of the telecommunication industry to extend the moratorium on this matter through the end of the year in order to carefully analyze the issues. This • evening Council has already approved a motion to set a date for a public hearing on September 3 to hear a request on an extension of the moratorium. Mayor Cawley opened the public hearing. Mike Davison and BiII Duerr, City residents, spoke in favor of the requested extension on the moratorium in order to provide more time for the residents, Planning Commission, City staff and industry members to analyze the information. Carol Tagayun, not a City resident, spoke on behalf of AT &T and requested the extension only be for an additional month. Mayor Cawley closed the public hearing and noted a public hearing has already been set on September 3, 2013 in order to discuss the moratorium extension. 8. Closed record public hearing to consider the Hearing Examiner's recommendation concerning the right of way vacation petition submitted by Sun Valley Plaza, LLC for a portion of unnamed public street right -of -way Tying southerly of Ranch Rite Road and easterly of the BNSF railroad tracks. Community Development Director Osguthorpe briefed Council on the ROW vacation petition. Mayor Cawley opened the public hearing, and with on one coming forward, closed the hearing. The City Clerk read the ordinance by title. ORDINANCE NO. 2013 -037, AN ORDINANCE vacating, without conditions, an unnamed street right -of -way located southwest of Ranchrite Road and east of the BNSF railroad right -of -way and located within the City of Yakima, Sun Valley Plaza, LLC by Larry Hull as the petitioner herein. Page 5of8 448 Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Passed 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 9. Public Hearing and Ordinance to consider the renaming of "A" Street to Sgt. Pendleton Blvd. Community Development Director Osguthorpe briefed Council on the street renaming application. Mayor Cawley opened the public hearing. Rick Beck, City resident, spoke in favor of the application on behalf of the VFW. He stated this is not only a lasting tribute to a war hero but a reminder of what is termed the greatest generation. Additionally, he noted this is a fitting tribute as Sgt. Pendleton left to join the war from the train station on "A" Street, and returned home via the same route for burial. Duane Ramacher, not a City resident, spoke in favor of the street renaming petition on behalf of the American Legion Post 36. Alonzo Marquez, City resident, spoke against renaming the street for Sgt. Pendleton and stated he and others filed an application in 2006 to rename "A" Street after Caesar Chavez and he doesn't understand how this application can supersede theirs. Council Member Lover stated he reviewed the minutes from the meetings in 2006 regarding a street rename application for Caesar Chavez and it was voted by the City Council not to go forward. • Bob Bradford, Jerry Lopez, Candie Turner and VFW Commander Fred Camerer spoke in favor of the street renaming. Mayor Cawley closed the hearing. Council Members Ettl and Bristol stated this request should be on hold until they clear the record. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Failed 3 -3. Council Members voting Aye: Cawley, Ensey, Lover. Council Members voting Nay: Adkison, Bristol, Ettl. Council Members Absent: Coffey. 10. Public hearing for the Yakima City Council to hear from the public regarding smoking at special events, smoking in parks and smoking near playgrounds. Assistant City Attorney Faul briefed Council on the issue. Mayor Cawley opened the public hearing. Larry Hull and Alonzo Marquez, City residents, spoke in favor of prohibiting or limiting smoking at special events, playgrounds and similar areas. Mayor Cawley closed the public hearing. City Attorney Cutter advised there is no constitutional right to smoke; therefore, this can be regulated to some level. City Manager O'Rourke noted they can prohibit smoking at special events entirely. Council Member Ettl stated it was interesting to see other cities have established controls for this issue 5 -6 years ago. Council Member Bristol thanked staff for their work on this issue. Cawley moved and Adkison seconded to direct staff to bring back legislation that addresses smoking at special events, in city parks, on city property and near playgrounds. Bristol moved and Ettl seconded to amend the motion to include an infraction penalty. Page 6of8 • 449 Motion carried by a 4 -2 vote with Ensey and Lover voting no. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Assistant Mayor Maureen Adkison. Carried 4 -2. Council Members voting Aye: Adkison, Bristol, Cawley, Ettl. Council Members voting Nay: Ensey, Lover. Council Members Absent: Coffey. ORDINANCES 11. Ordinance to Update Classification and Compensation Plan for City Employees City Manager O'Rourke briefed Council on the change. The City Clerk read the ordinance by title. ORDINANCE NO. 2013 -038, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective September 22, 2013; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Passed 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 12. Other Business • A. Discussion of Council meeting times. City Manager O'Rourke stated they received comments about potentially alternating meeting times and thought this would be an opportune time to re- evaluate. Council Member Ensey noted they have study sessions in the mornings, and he is a strong believer in having meetings at night. In the past when they had afternoon meetings, very few people could show up. Council Member Bristol stated when it changed to evening meetings in 2006, the justification was to make the public available for the meetings. She feels it is important to be open to working people in addition to retirees, and feels it is rare that meetings run very late. Assistant Mayor Adkison feels there are people who will come during the day as it is more convenient and may be a different flavor. She would like to see some daytime meetings. Council Member Ettl asked whether there were any comments from citizens about changing times. City Manager O'Rourke stated there have been some business people who say it would be more convenient, but nothing more significant than that. Ensey moved and Lover seconded to keep the meetings at 6 p.m. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 13. Adjournment The meeting adjourned at 8:12 p.m. to the next Council Business meeting on September 3, 2013. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. Page 7 of 8 450 CERTIFICATION READ AND CERTIFIED ACCURATE BY '� I/ ZLv C/ OUN M EMBER`"' /DATE' 1 ( 2(/2 COUNCIL MEMB DAT A 11 T: r(?qO 4/;11g CITY CLERK MAYO' e• tV , • q • fit, u v vAl 1 Page 8 of 8