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Home My WebLink About05/06/2014 Business Meeting/Executive Session 59 0 . ..$ ,.k t it YAKIMA CITY COUNCIL May 6, 2014 City Hall -- Council Chambers 5:30 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearing -- Minutes EXECUTIVE SESSION • 1. Executive Session regarding pending litigation. Council present: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison (arrived 5:40 p.m.), Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Executive Session was held and adjourned at 5:55 p.m. 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 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. Peace Officer's Memorial Day Proclamation Mayor Cawley proclaimed May 15, 2014 as Peace Officer's Memorial Day and Chief Rizzi accepted the proclamation on behalf of the Yakima Police Department. B. Presentations /recognitions /introductions i. Recognition of Exceptional Volunteers for 2013 Office of Neighborhood Development Manager Matthews stated their office has had a lot of exceptional and consistent volunteers over the years and wanted to take the opportunity to recognize them. Senior Program Supervisor Otto recognized Jonathan Cruz, Ricky Acosta, Carlos Berber, and Heather and Rob Iverson as representatives from Foursquare Church. C. Appointments to Boards, Commissions and Council Committees • i. Confirm Charter Civil Service Commission appointment of Melanie Gilmore and Yakima Symphony Orchestra appointment of David Rogers to the Arts Commission. Motion: Ettl moved and Lover seconded to approve the recommended appointments, and reappoint Judy Pozarich and Richard Marcley to the Community Review Board and Page 1 of 5 60 appointing Dinah Reed to the vacancy on that Board. The motion carried by a unanimous roll call vote. 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: Item 8 -- Resolution authorizing a Professional Services Contract with HDJ Design Group for preparation of plans and specifications of the North First Street Revitalization Project, Phase 1. Item 9 -- Resolution declaring the City's intent to issue Water and Sewer Revenue Bonds or Notes to reimburse the City for prior expenditures.were added. 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 a unanimous roll call vote. A. Approval of the minutes from the March 18, April 1 and 15, 2014 City Council Business meetings and April 8, 2014 Study Session. B. Final Contract Payment for Michels Corporation - Project IR2377 /North 16th Ave. & Cherry Ave. Irrigation Rehab (Standard Motion V -B- Accept the project and approve the final payment). C. Set date of May 20, 2014 for Public Hearing and Approval of an Interlocal Agreement for the 2014 JAG Grant. D. 2014 1st Quarter Capital Improvement Projects Report. E. 1st Quarter 2014 Claim Report and Resolution authorizing and approving 1st Quarter 2014 claims activity. RESOLUTION NO. 2014 -058, A RESOLUTION accepting and approving the 1st Quarter 2014 Claim Report for the City of Yakima. F. Resolution authorizing execution of an Intergovernmental Cooperative Purchasing Agreement with Yakima County Fire Protection District No. 14. RESOLUTION NO. 2014 -059, A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Yakima County Fire Protection District No. 14. G. Resolution authorizing the City Manager to approve Yakima Transit's Equal Employment Opportunity Program 2014 update and direct staff to implement the Program. RESOLUTION NO. 2014 -060, A RESOLUTION authorizing the City Manager to approve Yakima Transit's Equal Employment Opportunity Program 2014 update and direct staff to implement the program. H. Resolution authorizing execution of a Settlement Agreement entered into by the City of Yakima and Broadmoor Mobile Park, LLC to resolve and settle the lawsuit brought by Broadmoor Mobile Park, LLC. Page 2 of 5 61 RESOLUTION NO. 2014 -061, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Settlement Agreement entered into by the City of Yakima and Broadmoor Mobile Park, LLC to resolve and settle the lawsuit brought by Broadmoor Mobile Park, LLC. I. Resolution authorizing execution a Mutual Release and Settlement Agreement entered • into by the City of Yakima and BergerABAM, Inc. to resolve and settle the lawsuit brought by the City of Yakima against BergerABAM, Inc. RESOLUTION NO. 2014 -062, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Mutual Release and Settlement Agreement entered into by the City of Yakima and BergerABAM, Inc. to resolve and settle the lawsuit brought by the City of Yakima against BergerABAM, Inc. J. . Resolution authorizing a Professional Services Contract with HDJ Design Group for preparation of plans and specifications of the North First Street Revitalization Project, Phase 1. • RESOLUTION NO. 2014 -063, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with HDJ Design Group, PLLC not to exceed $225,000 to prepare civil engineering plans and specifications for the North First Street Revitalization Project, Phase 1. K. Resolution declaring the City's intent to issue Water and Sewer Revenue Bonds or Notes to reimburse the City for prior expenditures. RESOLUTION NO. 2014 -064, A RESOLUTION of the City Council of the City of Yakima, Washington, declaring the City's intent to issue Water and Sewer Revenue Bonds or Notes to reimburse the City for prior expenditures. 6. Audience,Participation Luz Guiterrez, City resident, thanked Council and staff for support and assistance for the Cinco de Mayo events and noted Erica Arrellanor is the new Miss Cinco de Mayo. Bill Duerr, City resident, stated he was there as a continuation from the last Council meeting to express his support for the Planning Commission and his disappointment in the Council's action regarding the billboard issue. PUBLIC HEARINGS 7. Closed Record Public Hearing and Resolution on the Preliminary Plat of Apple Tree Phase 3B. Associate Planner Jeff Peters briefed Council on the hearing. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title only. RESOLUTION NO. 2014 -065, A RESOLUTION granting conditional preliminary plat approval for the Preliminary Plat of Apple Tree Phase 3B a twenty -two lot subdivision for property located in the vicinity of Coolidge Rd. and S. 88th Ave. Motion: Coffey moved and Adkison seconded to adopt the resolution. The motion carried by a unanimous roll call vote. CITY MANAGER REPORTS 8. Resolution providing for the submission to the eligible voters of the City of Yakima on the • regular municipal primary election to be held August 5, 2014, a Proposition to amend Article VI of the Charter of the City of Yakima to add new Section 9 establishing a dedicated parks and Page 3 of 5 62 recreation capital construction and rehabilitation fund in the City's General Fund budget. City Attorney Cutter briefed Council on the resolution. Jo Miles, City resident and member of the City of Yakima Parks and Recreation Commission, stated he is speaking as a private citizen, and the idea of establishing a capital fund is strongly supported, but a better explanation is needed before proposing an amendment to the City Charter. He asked the following questions: 1. Given the unstable condition of the general fund in the past, how is it possible that a $750,000 annual increase in spending can be relied upon without a corresponding new funding source to balance that? 2. Knowing that the city's budget forecast predicts a deficit in the general fund of $1.1 million for the year 2016, which departments will be reduced to cover the shortfall? 3. During a down year when the general fund cannot afford the entire $750,000, will the city have to close a swimming pool or lay off staff to pay for the capital construction and rehabilitation fund? He stated it may be better to ask voters for a revenue increase rather than approval for an unfunded mandate. Finance and Budget Director Epperson referenced the Five -year Financial Plan, and stated the assumption about revenue is that it will grow at 3.1% . Even during the recession, the City grew at an annual average of 4.1 %; therefore, she feels the revenue estimates are still conservative. After Council discussion, The City Clerk read the resolution by title only. RESOLUTION NO. 2014 -066, A RESOLUTION of the City Council of the City of Yakima, Washington, providing for the submission to the voters of the City of Yakima a Proposition on whether Article VI of the Charter of the City of Yakima should be amended to add new Section 9 establishing a dedicated public parks and recreation capital construction and rehabilitation fund, to be funded in the amount of no less than Seven Hundred Fifty Thousand Dollars annually, adjusted annually per consumer price index, and limiting expenditures from such fund to the dedicated purposes of public parks and recreation capital construction and rehabilitation; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular - - - . - :: - - - : • .:. - , : , municipal general election to be held November 4, 2014. Motion: Ensey moved and Adkison seconded to adopt the resolution. Council Member Lover stated he would support this if it was moved to the general election. Motion: Ensey moved and Lover seconded to amend the motion /resolution and change the election from the primary election to the general election. The motion to amend the resolution carried by a 5 -2 roll call vote, with Cawley and Coffey voting no. The resolution as amended carried by a 5 -2 roll call vote, with Cawley and Coffey voting no. ORDINANCES 9. Ordinance of the City of Yakima, Washington providing for the issuance and sale of Limited Tax General Obligation Bonds in the aggregate principal amount of not to exceed $15,000,000 and Limited Tax General Obligation refunding bonds in the aggregate principal amount of not to exceed $2,100,000 to provide funds to finance the costs of street, road and other improvements, to refund certain outstanding Limited Tax General Obligations of the City, and to finance costs of issuance of each series of bonds; providing for the disposition of the proceeds of sale; and delegating authority to approve the final terms of the bonds. (Second Reading) Page 4 of 5 . 63 Finance and Budget Director Epperson briefed Council on the bond ordinance (second reading). The City Clerk read the ordinance by title only. ORDINANCE NO. 2014 -009, AN ORDINANCE of the City of Yakima, Washington, providing for the issuance and sale of limited tax general obligation bonds in the aggregate principal amount of not to exceed $15,000,000 and limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $2,100,000 to provide funds to finance the costs of street, road and other improvements, to refund certain outstanding limited tax general obligations of the City, and to finance costs of issuance of each series of bonds, providing for the, disposition of the proceeds of sale; and delegating authority to approve the final terms of the bonds. Motion: Ensey moved and Dittmar seconded to pass the ordinance. The motion carried by a unanimous roll call vote. 10. Ordinance updating the Classification and Compensation Plan for City Employees Section 2.20.100. - Debbie Korevaar, Civil Service Chief Examiner, briefed Council on the ordinance. The City Clerk read the ordinance by title only. ORDINANCE NO. 2014 -010, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective June 8, 2014; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. Motion: Dittmar moved and Ettl seconded to pass the ordinance. The motion carried by a unanimous roll call vote. 11. Other Business • Council Member Adkison asked if Council would be interested in addressing the pitbull issue because of the latest attack by a pitbull service dog. Council Member Ensey stated it was his understanding that the amendment Council recently passed put restrictions on pitbull service dogs, where they didn't have any restrictions prior to this and the City cannot prohibit pitbulls as service dogs. Council asked Codes Manager Caruso what happens next with this service dog. Mr. Caruso stated the dog is under quarantine for 10 days and the owner will be issued fines. If the dog is determined to be a dangerous dog, it may be taken to the shelter. 12. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next meeting on May 20, 2014 at 6 p.m. in the Council Chambers. The motion carried by a unanimous voice vote. The meeting adjourned at 7:00 p.m. CERTIFICATION 01140 READ AND CERTIFIED ACCURATE BY . ' ��kL ._ 1? COUNCI DATE w OUNCIL MEMBER DATE ATTEST: • Oficep '1 0 „..........,„,,i4,4 , / 4111.4 = M_� • �h∎ Lidk L V CITY CLERK � . Z r v l MAY' R ,...,..4: , 40 (..4%, « X I ' ^ P �I Page5of5 ,,1 *"�a�oodz d�„