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Home My WebLink About07/15/2014 Business Meeting/Executive Session 83 '.7- i , YAKIMA CITY COUNCIL July 15, 2014 C ity Hall -- Council Chambers 5:30 p.m. Executive Session; 6 p.m. Business Meeting -- Minutes EXECUTIVE SESSION 1. Executive Session regarding Pending Litigation Roll Call: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, 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 (departed at 7:41 p.m.), Tom Dittmar, 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. Presentations /recognitions /introductions . i. Recognition of Yakima Fire Department promotions: Shift Commander Ted Vander Houwen, Captain Jeff Pfaff, Captain David Stark, Lieutenant Brian Kneisler and Lieutenant Brent Bauer Chief Stewart recognized recent Yakima Fire Department promotions of the following: Shift Commander Ted Vander Houwen, Captain Jeff Pfaff, Captain David Stark, Lieutenant Brian Kneisler and Lieutenant Brent Bauer. ii. Yakima Transit Mini Bus Presentation Acting Transit Manager Maxey drove the Transit mini -bus into the meeting. He introduced Cecil Aston and Wendall Aston from Transit, who dedicated countless volunteer hours to build the mini -bus for two reasons: 1) to better promote Yakima Transit, and 2) help build morale. Mr. Maxey stated this is truly a symbol of City employees doing something together that is fun and promotes City Transit. Cecil Aston noted this was a team effort with four other employees at Public Works also contributing, including Wayne Parsley, who was a major supporter and team player. B. Appointments to Boards, Commissions and Council Committees i. Confirm nomination by the Yakima Valley Lodging Association of Lisa Vallejo, General Manager of the Hilton Garden Inn, to the Tourist Promotion Area (Hotel /Motel) Commission. Page 1 of 4 84 Motion: Coffey moved and Adkison seconded to approve the nomination. The motion carried by a unanimous roll call vote. 4. Council Reports • A. An Ordinance repealing existing Chapter 8.72 YMC, and adopting new Chapter 8.72 YMC, establishing permit procedures, administration and enforcement for excavations in public rights -of -way City Manager O'Rourke recapped the issue of the Street Cut Ordinance. Adkison moved and Coffey seconded to reconsider the Street Cut ordinance. The motion carried by a 4 -3 vote with Dittmar, Ensey and Lover voting no. Mayor Cawley opened the meeting for audience participation. Joe Walsh, representing Central Washington Homebuilders Association, agreed that what is presented today is doable and asked additional questions, which were answered by the City Manager. Dave Englund, representing Nob Hill Water Association, stated he appreciates the effort put forth by the City in coming to an agreement on this issue. He noted any impacts on their budget will impact their customers. Mike Bull, non - resident, referenced a section of road that was poorly cut last year in Terrace Heights. It was paved over this year and is much better. He noted when he first heard of this issue he thought of it as a tax, but he understand the situation better now. City Manager O'Rourke explained this is not a tax but a fee. Senior Assistant City Attorney Kunkler further explained this issue has been examined by a number of courts and the three Covell factors are: 1) primary purpose is regulation of an activity as opposed to revenue generation; 2) dedicated fund for receipt of funds and it is connected to the purpose for which the fee is charged, and 3) the fee itself bears a relationship addressing the burden on the system caused by the person charged the fee. This is clearly a fee not a tax, if it swings to a tax it would invoke the Charter amendment for a two- thirds Council vote. • The City Clerk read the ordinance by title only. ORDINANCE NO. 2014 -015, AN ORDINANCE relating to excavations in public rights -of -way; repealing current Chapter 8.72 of the Yakima Municipal Code (YMC) and adopting new Chapter 8.72 YMC regarding excavations in public rights -of -way; stating definitions, procedures for issuance of permits, and enforcement. After Council discussion, Motion: Adkison moved and Coffey seconded to pass the ordinance. After additional Council discussion, Motion: Lover moved and Ensey seconded to amend the last paragraph in the ordinance and replace City Manager with City Council for appeals. The amendment carried by a 6 -1 roll call vote with Cawley voting no. The ordinance as amended carried by a 4 -3 roll call vote with Dittmar, Ensey and Lover voting no. B. Council Member Ensey's request for consideration of reducing the utility tax Motion: Ensey moved and Dittmar seconded to lower the Utility Tax from 6% to 4 %. Council Member Ensey noted he meant to say for 2015 in his motion. After Council discussion, Page 2 of 4 85 Motion: Cawley moved and Ettl seconded to amend the motion to lower the utility tax pending a public hearing, budgetary review and council approval of budget cuts. The amendment carried by a 4 -3 roll call vote with Lover, Dittmar and Ensey voting no. The motion as amended carried by a 4 -3 roll call vote with Lover, Dittmar and Ensey voting no. 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 Adkison seconded to approve the consent agenda. The motion carried by a unanimous roll call vote. A. Set date of August 5, 2014 at 10:30 a.m. as the date for a public meeting to consider the final plat of Crown Pointe B. Resolution authorizing a Professional Services Agreement with Ridolfi Inc. in the amount not to exceed $115,000 to provide engineering services for construction oversight of the Alternative Outfall and Floodplain Function Restoration Project, Phase II: Effluent Pipeline Relocation and Discharge Channel Project • RESOLUTION NO. 2014 -095, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Ridolfi Inc. in an amount not to exceed $115,000 to provide engineering services related to planning, design, and construction oversight for the Alternative Outfall and Floodplain Function Restoration Project, Phase II: Effluent Pipeline Relocation and Discharge Channel Project. C. Resolution approving lease of City -owned "Race Street Fire House" property to General Pacific, Inc., for automated meter assembly work and staging area to facilitate automated meter installation contract between General Pacific, Inc. and Yakima County. RESOLUTION NO. 2014 -096, A RESOLUTION authorizing the City manager to execute a lease of the "Race Street Fire House" property to General Pacific, Inc., to facilitate advanced water • metering infrastructure installation work for Yakima County. D. Resolution authorizing execution of a Development Agreement for Lions Park between the City of Yakima and Yakima School District No. 7 RESOLUTION NO. 2014 -097, A RESOLUTION authorizing the City Manager to execute and administer an agreement between Yakima School District No. 7 and City of Yakima regarding development and use of certain Lions Park facilities. 6. Audience Participation City Clerk Claar Tee read the procedures and rules for audience participation. Joey Anderson, City resident, complained about the Police Department. Mayor Cawley referred her to the City Manager, which is the proper procedure for complaining about City employees. Pastor Edward Maradiaga, through an interpreter, requested financial assistance from the City for their Church and asked about activities their parishioners can do with the City to make the community a better place to live. Mayor Cawley suggested the Pastor meet with City Manager O'Rourke. CITY MANAGER REPORTS 7. Consideration of withdrawal from Yakima Valley Office of Emergency Management Agreement • Page 3 of 4 86 City Manager O'Rourke briefed Council on the framework behind the plan to withdraw from the Yakima Valley Office of Emergency Management interlocal agreement. He noted the City is required to give a six month notice if we disengage from the existing contract. After discussion, it was Council consensus to discuss this in further detail at the August 5, 2014 Council meeting. 8. Update regarding the proposed Indoor Pool Facility Parks and Recreation Manager Wilkinson briefed Council on the updates. He noted he will be visiting other pool center facilities in Gig Harbor, WA and Bend, OR, as well as attending a conference in Portland, OR regarding pools. Council suggested Mr. Wilkinson bring back for Council consideration a list of interested and diverse stakeholders who should be involved in the • advisory process at the August 5, 2014 meeting. 9. Consideration of Funding Strategy for North First Street Project City Manager O'Rourke explained the detailed options for Phase I on N. 1st Street and staff presented three options. Motion: Cawley moved and Dittmar seconded to accept staff's recommendation listed as option 2. The motion carried by a 5 -1 roll call vote, with Ensey voting no and Adkison absent. 10. Report on Downtown Tours City Manager O'Rourke reviewed the results from staffs travels on the downtown tours conducted in May and June. A video is being prepared to present to Council in the near future. 11. Other Business Assistant Mayor Coffey suggested moving the Executive Session for the City Manager's review to 9 a.m. on Saturday, July 26, before the beginning of the Council retreat, which was agreed to by Council consensus. 12. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to a Council Executive Session on July 26, 2014 at 9 a.m. followed by the Council Retreat at 10:30 a.m. at the Hilton. The motion carried by a unanimous voice vote, Adkison absent. The meeting adjourned at 8:30 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY 10 CI `7,:1'1 DATE • 41110 • �C �— ® -• - - i - ..IJNCIL MEMBER DATE ATTEST: 2Thwt ---fi o aal . CITY CLERK :1�� MA OR f\A • Page 4 of 4 •