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HomeMy WebLinkAbout04/07/2015 05A Draft Council Meeting Minutes ApprovalITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: See attached minutes Resolution: Other (Specify): Contract: Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description CI 1-6-15 minutes BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.A. For Meeting of: April 7, 2015 Approval of the minutes from the January 6, 20, February 3, 17, March 3 and 17, 2015 City Council Business meetings; January 13, 2015 Study Session; February 18, 2015 Council Retreat; February 20, 2015 City Council Executive Session, and March 23, 2015 Special meeting Sonya Claar Tee, City Clerk Ordinance: Contract Term: End Date: Amount: Public Trust and Accountability City Manager Upload Date 3/3/2015 Type Cover IMleirttno ▪ 1-20-15 Minutes 3/3/2015 Cover Memo ▪ 2-3-15 Minutes 3/3/2015 Cover Memo ▪ 2-17-15 minutes 4/2/2015 Cover Memo Ill 3-3-15 minutes 3/30/2015 Cover Memo Ill 3-17-15 minutes 3/30/2015 Cover Memo Ill 1-13-15 minutes SS 3/6/2015 Cover Memo D 2-18-15 retreat 3/30/2015 Cover Memo D 2-20-15 ES 3/30/2015 Cover Memo D 3-23-15 special 3/30/2015 Cover Memo YAKIMA CITY COUNCIL January 6, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting -- MINUTES 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: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order Mayor Cawl at c ctivist Jane Kitt away and read a brief memoi f Lynn: nd •r contr tions amici tion in our co unity. A. Procl er Mayor Cawley read the proclamation and Steve Mitchell and Reverend Trimble accepted it. ii. National School Board Recognition Mayor Cawley read the proclamation and Walt Ranta accepted it. B. Appointments to Boards, Commissions and Council Committees i. Confirm Police and Fire Civil Service Commission reappointment of Melanie Gilmore and reappoint Sara Allen to the Hotel/Motel--Tourist Promotion Area Commission. Motion: Coffey moved and Ensey seconded to approve the recommended appointments. The motion carried by unanimous 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 7 (now item 5E) Resolution authorizing the City Manager to prepare and submit an application for SIED funding for project to construct Airport Lane — 21st Avenue Extension Page 1 of 4 Item 9 (now item 5F) Resolution opening the Comprehensive Plan Amendment process pursuant to RCW 36.70A.130 for the 2015 Comprehensive Plan Amendment process Item 10 (now item 5G) Ordinance updating Classification and Compensation Plan for City Employees Section 2.20.100 Item 11 (now item 5H) Ordinance relating to the regulation of land use and shoreline development in the City of Yakima rescinding, superseding and replacing Exhibits "A" & "B" of Ordinance No. 2013-050 of the City of Yakima's Comprehensive Plan 2025 Natural Environment section, and Title 17 Shoreline Master Program 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 Ensey seconded to approve the consent agenda. The motion carried by unanimous vote. A. Approval of the minutes from the November 4 and 18 and December 2 and 9, 2014 City Council Business meetings and November 10, 2014 Study Session and December 9, 2014 City Council Retreat B. Resolution setting the time, date and location for a Public Hearing to be held at 6:30 pm on January 20, 2015 in the City of Yakima Council Chambers to amend the six-year Transportation Improvement Program (TIP) RESOLUTI • ► ► • R-201 -s s - ESOLU • N fixi • - •• - - • • • - - •f a hearing for January 20, uncil bers - .II • . • e 2015 through 2020 Six -Ye Transo at Imoro men GG am C. Resol on con• ni ra Sery itt. • e ity of kima Transit Devel ment f• +014-- ' 9 - • the im ransit 2013 ual Report for City Coun ' - : erat and a RESOLUTION NO. R-2015-002, A RESOLUTION concerning Transit Services for the City of Yakima; submittal of the City of Yakima Transit Development Plan for 2014-2019 and the Yakima Transit 2013 Annual Report for the City Council's consideration and adoption. D. Resolution authorizing a sixth amendment to 911 Support Services RESOLUTION NO. R-2015-003, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Sixth 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, 2015. E. Resolution authorizing the City Manager to prepare and submit an application for SIED funding for project to construct Airport Lane - 21st Avenue Extension RESOLUTION NO. R-2015-004, A RESOLUTION authorizing the City manager to prepare and submit application for SIED funding for project to construct Airport Lane - 21st Avenue Extension. F. Resolution opening the Comprehensive Plan Amendment process pursuant to RCW 36.70A.130 for the 2015 Comprehensive Plan Amendment process RESOLUTION NO. R-2015-006, A RESOLUTION opening the 2015 Comprehensive Plan Amendment process pursuant to RCW 36.70A.130, and YMC Ch.16.10. G. Ordinance updating Classification and Compensation Plan for City Employees Section 2.20.100 Page 2 of 4 ORDINANCE NO. 2015-001, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective February 8, 2015; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. H. Ordinance relating to the regulation of land use and shoreline development in the City of Yakima rescinding, superseding and replacing Exhibits "A" & "B" of Ordinance No. 2013- 050 of the City of Yakima's Comprehensive Plan 2025 Natural Environment section, and Title 17 Shoreline Master Program ORDINANCE NO. 2015-002, AN ORDINANCE relating to the regulation of land use and shoreline development in the City of Yakima rescinding, superseding and replacing Exhibits "A" & "B" of Ordinance No. 2013-050 of the City of Yakima's Comprehensive Plan 2025 Natural Environment section, and Title 17 Shoreline Master Program to address recommended and required changes by the Washington State Department of Ecology. 6. Audience Participation None. CITY MANAGER REPORTS 7. Resolution authorizing a Professional Services Agreement with Toole Design Group, in an amount not to exceed $55,000, for development of a Bicycle Master Plan for the City of Yakima City Manager Tony O'Rourke briefed Council on the agreement. Motion: Lover moved and Dittmar seconded to amend the wording in the contract where Bike/Pedestrian Committee is referenced and replace it with Council Built Environment Committee, eet instea • six. 4-3 vote with Cawley, Cof Assistant M. •r Coffe o s - -els m p...., ch. ge o e cont ct will not encourage participation om th- in omm - 4 aske• h= er any of the uncil members ride bikes. City •'Rou e assur. " uncil the i ork with the keholders on this issue. The following City residents spoke in favor of the contract: Phil Hoge, Phil Mattoon, Neil McClure and Sandi Belzer. The City Clerk read the resolution by title only. RESOLUTION NO. R-2015-005, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Toole Design Group, not to exceed $55,000 to develop a Bicycle Master Plan for the City of Yakima. Motion: Adkison moved and Lover seconded to adopt the resolution. The motion carried by unanimous vote. 8. Other Business None. 9. Adjournment Motion: Ensey moved and Adkison seconded to adjourn to the January 13, 2015 executive session and study session beginning at 9:30 a.m. The motion carried by unanimous vote. The meeting adjourned at 6:47 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY Page 3 of 4 ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 4 of 4 YAKIMA CITY COUNCIL STUDY SESSION January 13, 2015 City Hall -- Council Chambers 10:00 a.m. Study Session regarding Mill Site Update, Emergency Management and Gang Free Initiative -- MINUTES 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: City Manager O'Rourke and City Clerk Clear Tee 2. Cascade Mill Redevelopment Project Update - Interchange and Street Alignments City Manager O'Rourke introduced Steve Lewis, Vice President of Lochner Inc., to provide an update on the Cascade Mill site. Mr. Lewis reviewed three projects: 1) Cascade Mill Parkway Project, led b f; 2) corridooject 1= 3) the Interchange hich i by a bination of and County staff along with the ashin• n ' me • onsp• - SOT) a Federal Highway Administratio as well a _ •ort o • - - wi - _ rlingto orthern/Santa Fe Railroad (BN Mr. Lewis stated a draft report of the Interchange Modification Report (IJR) was submitted on October 22, 2014, with a final report to be submitted on February 2, 2015. They have met with BNSF officials who are not supportive of roundabouts over railroad crossings; therefore, they presented alternative options with a discussion on the advantages and disadvantages of each option and reviewed next steps. Stage 1 and 2 of construction were discussed, as well as the anticipated schedule, budget and funding. Community Development Director Joan Davenport reviewed the landfill remedial investigation. She reminded Council that the City entered into a voluntary clean up with the Department of Ecology (DOE), who is an active partner. DOE has asked that the City update and refresh some environmental documents, which were gathered in 2008 and 2009. She stated the City is cautiously optimistic about what the reports are showing to date. 3. Resolution adopting the 2015 City of Yakima Comprehensive Emergency Management Plan as the official emergency response plan for the City of Yakima City Manager O'Rourke reviewed the history of the City's emergency management plan and how this plan is specific to the needs of this community. Perry Tarrant, Emergency Preparedness Director, briefed Council on the resolution. He thanked Chief Stewart and others who recognized the gap between the existing plan and potential hazards to the City and noted that historically the plan was a more generic copy from emergency management. The new plan is specific to the City of Yakima and covers the majority of hazards with an annex in the full plan for each and every type of emergency. This document gives the City the capacity to coordinate with the state and federal governments and takes a link out of the chain in order to recover financially. The average turnaround time to recover costs Page 1 of 3 with support from the Federal Emergency Management Agency (FEMA) is about two years. This document lists potential hazards and identifies what is believed to be the largest hazard facing the state in the next 10 years—an earthquake. He understands it is in our best interests to be prepared and plan for recovery. This plan will go to the state upon adoption, which will recognize our capacity as a direct partner, not only in mitigation of events but also in response by directly communicating with the state, as opposed to working through an additional layer at the County. Senior Assistant Helen Harvey noted by way of background that a previous Council adopted an ordinance for emergency powers, which gives an organized methodical approach for declaring an extreme emergency. She briefly noted the line of succession beginning with the Mayor who has emergency powers under a civil emergency, which needs ratified by the City Council within 72 hours. The City Clerk read the resolution by title only. RESOLUTION NO. R-2015-007, A RESOLUTION adopting the 2015 City of Yakima Comprehensive Emergency Management Plan as the Official Emergency Response Plan for the City of Yakima. Motion: Dittmar moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 4. Resolution changing the policy authority of the Yakima Gang Free Initiative (GFI) to the Yakima City Council Public Safety Committee and changing the composition process and scope of the Gang Initiative Advisory Committee Perry Tarrant - • • nitiativ- - • - •er, briefe• ouncil • • • - - o - - •roposed a slight shift and focu • - -ng ve (GF hich hi • - • • - • -ly on prevention. He believes are eff= iv: pres • • e wi law enforcem is addition of a second gang quad, ins a c ca• • nd = com ity policing activities. Th: ity will irk part hip - juri Fictions such - the County and Juvenile Cou - - -s o aying - the lo v ey. This will o r better data and falls in line with th • - of Juv- ile Justi - - d Delinq - Prevention m• •els, which provide more opportunities for grants. The City Clerk read the resolution by title only. RESOLUTION NO. R-2015-008, A RESOLUTION changing the policy authority of the Yakima Gang Free Initiative (GFI) to the Yakima City Council Public Safety Committee and changing the composition process and scope of the Gang Initiative Advisory Committee. Motion: Ettl moved and Dittmar seconded to adopt the resolution. The motion carried by unanimous vote. 5. Audience Comments (allow 15 minutes) Kim Jaeger with Railroad Property Management, suggested under item 2 that they have option 1 pre -approved by the BNSF before spending any more time or money. Mr. Lewis noted he has provided BNSF a copy of option 1 and is working through it with them. 6. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next City Council Business meeting on January 20, 2015 at 6 p.m. at City Hall. The motion carried by unanimous vote. The meeting adjourned at 11:23 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY Page 2 of 3 ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 3 of 3 YAKIMA CITY COUNCIL January 20, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearing -- MINUTES 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: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Pres John Coope Presid= an CEO , ak • - To sm, recappede 2014 events of the Convention : hig ighted on the i in 2015. ii. Recognition of newly -promoted members of the Yakima Fire Department Fire Chief Bob Stewart stated he is pleased to recognize promotions of the following members effective January 1, 2015: Shift Commander Ted Vander Houwen promoted to Deputy Chief; Firefighter Kai Nishida promoted to Lieutenant; and Firefighter Mike Trujillo promoted to Lieutenant. iii. Introduction of new City employees as part of the implementation of the Fire Services Agreement between the cities of Yakima and Union Gap Fire Chief Bob Stewart recognized and welcomed the following new employees who joined the Yakima Fire Department on January 1, 2015 as part of the Fire Services Agreement with Union Gap: Captain Tim Whitehurst and Firefighters Larry Bird, Justin Heilman, Tyler Quantrille, Bryann Bauer, Shane Macias, Ronnie Morton, Casey Yeager and Travis Christopher. iv. Recognition of Royale Schneiders 15 years of service to City of Yakima Fire Chief Bob Stewart recognized Royale Schneider for 15 years of dedicated service to the City of Yakima. B. Appointments to Boards, Commissions and Council Committees i. Reappointment of Richard Fagundes to the Yakima Housing Authority Motion: Ensey moved and Coffey seconded to reappoint Richard Fagundes to the Yakima Housing Authority. The motion carried by unanimous vote. 4. Council Reports Page 1 of 4 A. Park Commission Report Parks and Recreation Manager Ken Wilkinson briefed Council members on the Parks and Recreation Divisions activities this past quarter. He highlighted the area service clubs donations for Randall Park improvements. Recreation Supervisor Traci Bennett updated the Council on the dog park adjacent to Randall Park which had a soft opening in November 2014. The park has been heavily used since its inception and there will be a ribbon cutting ceremony for the official opening in April. 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 9 now Item 5F: Resolution authorizing an Interlocal Agreement with the State of Washington Department of Corrections to allow City of Yakima defendants to participate in the State of Washington Department of Corrections Work Crew Program Item 10 now Item 5G: Ordinance relating to Public Safety; amending the classification of dog behavior levels; amending the responsibilities of dog owners with dangerous or potentially dangerous dogs; amending the redemption methods for impounded dogs; amending the registration of potentially dangerous and dangerous dogs; and amending Yakima Municipal Code Chapter 6.20 The City CI .e Co - da ite includi nances, by title. (Items on th onse ge j dled r one tion without f her discussion—see motion direc Motion: Ens move : n • offe co prime the consegenda. The motion carried by u A. Project Completion and Contract Acceptance for Badger Meter, Inc. - Project AC2261 Water Utility Advanced Metering Infrastructure System (Standard Motion V -B -Accept the project and approve the final payment) B. Project Completion and Contract Acceptance for Great Floors - Project #AP -02 - Yakima Air Terminal Phase 2 Carpet Removal and Replacement (Standard Motion V -B -Accept the project and approve the final payment) C. Resolution authorizing a grant agreement with Washington State Department of Transportation to provide funding assistance for three fixed -route transit buses RESOLUTION NO. R-2015-009, A RESOLUTION adopting a resolution authorizing the City Manager to enter into a grant agreement with Washington State Department of Transportation to provide funding assistance for three fixed -route transit buses. D. Resolution modifying the existing Interlocal Agreement with the Washington State Transit Insurance Pool (WSTIP) RESOLUTION NO. R-2015-010, A RESOLUTION regarding changes to the Interlocal Agreement with the Washington State Transit Insurance Pool (WSTIP). E. Resolution authorizing an exchange of land for street right-of-way required for the Cascade Mill Parkway RESOLUTION NO. R-2015-011, A RESOLUTION authorizing the City Manager to prepare and execute purchase, sale and exchange documents and deeds with Cascade Parkway, LLC for exchange of two parcels and purchase of one parcel of property, for purposes of acquiring right - Page 2 of 4 of -way for development of public street known as Cascade Mill Parkway (first phase) and associated roundabout. F. Resolution authorizing an Interlocal Agreement with the State of Washington Department of Corrections to allow City of Yakima defendants to participate in the State of Washington Department of Corrections Work Crew Program RESOLUTION NO. R-2015-012, A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement with the State of Washington Department of Corrections to allow City of Yakima defendants to participate in the State of Washington Department of Corrections Work Crew Program. G. Ordinance relating to Public Safety; amending the classification of dog behavior levels; amending the responsibilities of dog owners with dangerous or potentially dangerous dogs; amending the redemption methods for impounded dogs; amending the registration of potentially dangerous and dangerous dogs; and amending Yakima Municipal Code Chapter 6.20 ORDINANCE NO. 2015-003, AN ORDINANCE relating to Public Safety; amending the classification of dog behavior levels; amending the responsibilities of dog owners with dangerous or potentially dangerous dogs; amending the redemption methods for impounded dogs; amending the registration of potentially dangerous and dangerous dogs; and amending Yakima Municipal Code Chapter 6.20. 6. Audience Participation Karl Pasten, City resident, briefed Council on the Trolley's Christmas event and requested a letter of support from the City to include with his request for funding from the State Transportati . It conse*s to apletter of support. 7. Public Heari Improvemen h 2020 Six -ye U Transportation Brett Sheffield, Chief Engineer, briefed Council on the amendment to the Six-year Transportation Program. 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. 2015-013, A RESOLUTION to amend the Six-year Transportation Program (TIP) for the period of 2015 through 2020 to include projects affecting the City's Transportation Plan. Motion: Ensey moved and Coffey seconded to adopt the resolution. The motion carried by unanimous vote. CITY MANAGER REPORTS 8. Resolution authorizing an agreement with the Yakima Southwest Rotary Club for development of raised pond observation deck at Randall Park in the amount of $30,000 Ken Wilkinson, Parks and Recreation Manager, briefed Council on the agreement. Tressa Stade!, President of SW Rotary, discussed Rotary's contributions to Randall Park. The City Clerk read the resolution by title only. Page 3 of 4 RESOLUTION NO. R-2015-014, A RESOLUTION authorizing the City Manager to execute an agreement with the Yakima Southwest Rotary Club for development of raised pond observation deck at Randall Park. Motion: Ensey moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 9. Other Business Council Member Lover would like to see the Council agenda statements reflect separate recommendation sections, similar to the old format. He also feels the Committees aren't being utilized effectively. It was Council consensus to add the specific recommendations to the agenda statement. Council Member Lover brought up Council Member Ensey's request for information on collective bargaining negotiations to be held as open public meetings. Council Member Ensey noted this has now been brought to the legislature as Senate Bill 5329. He noted there will be a Policy Center conference call in the morning with Representatives McCabe and Johnson and invited Council members to attend. City Manager O'Rourke noted they can discuss the City supporting the bill at the next Council meeting. 10. Adjournment Motion: Ensey moved and Dittmar seconded to adjourn to the next Council Business meeting on February 3, 2015 beginning at 5:30 p.m. with an Executive Session in the Council Chambers. The motion carried by a unanimous vote. The meeting adjourned at 7:01 p.m. CERTIFICATION READ AND CER ATTEST: RACFMT DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 4 of 4 YAKIMA CITY COUNCIL February 3, 2015 City Hall -- Council Chambers 5:30 p.m. Executive Session; 6 p.m. Business Meeting -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending and prospective litigation ROLL CALL: Council: Mayor Micah Cawley, presiding, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Absent: Assistant Mayor Kathy Coffey (excused) Executive Session was held and adjourned at 5:59 p.m. BUSINESS MEETING 1. Roll Call Council: M - • r Micah a • ing, • err_ ureen kison, Tom Dittmar, Rick Ensey, Staff: City - • - O'Ro e, City • ey Cutte - nd"City Clerk CIaTee Absent: Assistant Mayor 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. Introduction of Police K-9 Covah Officer Jim Yates, K-9 Trainer, introduced Covah and his handler, Officer Walters, and briefed Council on the K-9 training. Covah is from the Czech Republic and joins three other shepherds on the force. B. Appointments to Boards, Commissions and Council Committees i. Council Partnership (Nominating) Committee recommendation to appoint Roger Lewis to the Parks and Recreation Commission Motion: Ensey moved and Adkison seconded to appoint Roger Lewis to the Parks and Recreation Commission. The motion carried by unanimous vote, Coffey absent. 4. Council Reports A. Council direction re: potential and/or pending state legislation Page 1 of 4 Communication and Public Affairs Manager Randy Beehler requested Council direction regarding specific legislative issues. The first issue is SB 5329, which would make collective bargaining meetings public. The second issue is HB 1195 regarding the death benefits paid to surviving spouses of law enforcement officers, firefighters, or state patrol troopers. Currently, the surviving spouse collects benefits through the Washington State Department of Labor & Industries until remarriage. This bill would only affect members of the state law enforcement officers' and firefighters' retirement system and the state patrol retirement system. The bill would make surviving spouses of deceased law enforcement officers, firefighters, or state patrol troopers eligible to receive death benefits for the rest of their lives even if they remarry. And the last issue is identifying funding partners to assist with development of a Yakima public market/food business incubator/commercial kitchen facility. It was Council consensus to actively support all three issues. Council Member Ensey noted his surprise that the Association of Washington Cities (AWC) at first opposed SB 5329 and then determined they would be neutral. He requested an analysis on the benefits of being a member of AWC. City Manager O'Rourke noted he will bring back an analysis. 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. Council Member Ensey requested an off -agenda item be added to the consent agenda (Item 51), which was approved by Council consensus, as well as adding item 8 to the consent agenda. Item 51: Resolution authorizing a settlement agreement with James S. Brown Item 8 now i Valuation The City CI (Items on th motion direc ding Ch - er 11.E Fri for Special tions a tion without f ordinances, by title. her discussion—see Motion: Adkison moved and Dittmar seconded to approve the consent agenda. The motion carried by unanimous vote, Coffey absent. A. 4th Quarter 2014 Claim Report and Resolution authorizing and approving 4th Quarter 2014 claims activity RESOLUTION R-2015-015, A RESOLUTION accepting and approving the 4th Quarter 2014 Claim Report for the City of Yakima. B. Set February 17, 2015 as the date for a public meeting before City Council to consider the final plat approval of Cottonwood Partners LLC "Crown Point Phase 2" located in the vicinity of 7602 Coolidge Road C. Set February 17, 2015 as the date for a public meeting before City Council to consider the final plat approval of Apple Tree Development No. 3B (Phase 1) located in the vicinity of Coolidge Road & South 88th Avenue D. Set February 17, 2015 as the public hearing date for the proposed text amendments to the City of Yakima's Urban Area Zoning Ordinance amending Yakima Municipal Code (YMC) Ch. 15.08 Signs to further regulate or permit temporary, roof, wall, display case, fascia, and window signs E. Set date for a public hearing on March 3, 2015, for the Yakima Air Terminal / McAllister Field Airport Master Plan. F. Resolution authorizing an addendum to the Interlocal Agreement with Yakima School Page 2 of 4 District No. 7 — YV TECH to allow the use of the Yakima Fire Departments training facility to provide educational services for Fire Fighter Cadet training RESOLUTION R-2015-016, A RESOLUTION authorizing the City Manager's execution of an addendum certifying eligibility to participate in federally funded grant related work, in support of agreement between the City of Yakima and Yakima School District No. 7 — YV TECH to allow the use of the Yakima Fire Department's training facility to provide educational services for Fire Fighter Cadet training. G. Resolution authorizing agreement with United States Tennis Association -Pacific Northwest for purposes of providing tennis programs for residents in conjunction with the Parks and Recreation Division RESOLUTION R-2015-017, A RESOLUTION authorizing and directing the City Manager to execute Agreement between the City of Yakima and the United States Tennis Association - Pacific Northwest for the purpose of providing tennis programs for residents of the City in conjunction with the City of Yakima Parks and Recreation Division. H. Resolution ratifying an agreement with Washington Fruit & Produce Company for development and improvement of the Yakima Police Athletic League Facility (YPAL Building) RESOLUTION R-2015-018, A RESOLUTION approving, ratifying and authorizing the City manager's execution of an agreement between the City of Yakima and Washington Fruit and Produce Company for improvement of Yakima Police Athletic League (YPAL) facility. I. Resolution authorizing a settlement agreement with James S. Brown RESOLUTI i 201 SOL 1 N aut a er of the City of Yakima to c sent to et red i • the y of Yakima (` ty") and Cities Insurance A ociation • • • "CI esol the th amage claim filed by James S. B J. Ordin. - din• hapte Historirvation for Spial Valuation ORDINANCE NO. 2015-004, AN ORDINANCE relating to historic preservation; amending Chapter 11.62 of the Yakima Municipal Code regarding historic preservation of buildings, sites and historic districts. 6. Audience Participation Rev. Everhart, City resident, noted an issue with a repair of a bathroom at 710 S. 7th St., which occurred over 10 years ago through the Office of Neighborhood Development. He stated the bathroom window was removed with no ventilation fan installed and requested the City fix this issue. CITY MANAGER REPORTS 7. Resolution authorizing an agreement between the City of Yakima and Downtown Association of Yakima for beautification, improvement and promotion of downtown Yakima Sean Hawkins, Economic Development Director, briefed Council on the agreement. The following City residents spoke in favor of the agreement: Nancy Raynor, Joe Mann and Tony Sandoval. The City Clerk read the resolution by title only. RESOLUTION R-2015-020, A RESOLUTION approving and authorizing the City manager to execute and administer an agreement between the City of Yakima and Downtown Association of Yakima for beautification, improvement and promotion of downtown City of Yakima. Page 3 of 4 Motion: Dittmar moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote, Coffey absent. 8. Other Business Council Member Ensey would like to see a process in place to approve the City Manager's travel. City Manager O'Rourke noted this is very traditional in other cities and will bring something back for Council review. Council Member Ettl thanked Economic Development Director Sean Hawkins and City staff for putting together a Seahawk rally on short notice. Council Member Adkison stated the Police Chief has put together a program called "Coffee with a Cop," which offers citizens the opportunity to meet officers and discuss community issues. The first meeting will be at McDonalds at 1305 S. 1st Street on February 12th from 8-10 a.m. Council Member Lover would like the Council to consider a discussion on non- political partnerships and would like to discontinue them as he feels it gives the wrong perception. City Manager O'Rourke noted this could be added to the upcoming retreat agenda. Council Member Dittmar suggested researching how other cities handle partnerships. Council Member Lover also suggested getting back to a line item budget process, which could be added as a discussion item at the upcoming retreat. Council Member Lover stated he would like to consider again bringing forward an advisory vote for the downtown plaza and reviewing all of the funding for the project. Council Member Ettl said he feels this is a disservice to the project at this point and undercuts confidence for this project. 9. Adjournme Motion: Ens move • n • con adj n to the nex ity Council Business meeting on ebrua 7, •.m. all. ion car d by unanimous vote, Coffey abse CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MAYOR Page 4 of 4 YAKIMA CITY COUNCIL February 17, 2015 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES 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: 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 Disc ' • for t - • • . of the • der A. tfor the ty forth ion by Steveluten regarding thanking Executive Director Steve Luten, with Habitat for Humanity, thanked Council for the partnership they share and complimented City staff. He noted they are working with the Habitat for Humanity home owners to put in place Neighborhood Block Watches and feels it has been successful. 4. Council Reports A. Public Safety update Joe Brown, Yakima Police Department Crime Analyst, reported serious crimes in Yakima have dropped by nearly 22% in the last two years and by nearly 70% since they hit their heights in the late 1980s. He listed additional statistics, which are available on the City's website. B. Quarterly update from the Planning Commission Chair to the City Council Dave Fonfara, Chair of the Yakima Planning Commission, gave a quarterly update on Planning Commission activities. C. Council direction re: potential and/or pending state legislation Randy Beehler, Communications & Public Affairs Director, requested direction from Council on the following legislative issues: HB 1086 which would allow public agencies to recover the cost of providing public records to a requestor if the records were to be used for commercial purposes. Motion: Cawley moved to support this bill. The motion died to lack of a second. SHB 1370 – SB 5313, these companion bills would increase the allowable tax credit amounts provided for in existing state statute regarding contributions made to Main Street programs. Motion: Cawley moved and Ettl seconded to support this bill. The motion carried by unanimous vote. HB 1526 – SSB 5324, these companion bills would change the current allocation of revenue generated by an existing aircraft excise tax. Motion: Cawley moved and Ettl seconded to support this bill. The motion carried by unanimous vote. D. City of Yakima Public -Private Partnerships report Economic Development Manager Sean Hawkins reported on the City's various partnerships. E. Memorandum re: Association of Washington Cities membership costs and benefits Randy Beehler, Communications & Public Affairs Director, reported on the benefits of membership with the Association of Washington Cities. 5. Consent A • enda Mayor Cawl there were following ite , questioning whether ens present. The Item 12 now - Re elution a• •rizing a .gf'2ement for CdTlsulting Services with Kidder Mathews to evaluate current meeting and convention market trends, hotel demand and related conditions concerning the Yakima Convention Center to maximize services and opportunities offered in the future. Item 13 now item 5H: Resolution authorizing an agreement for Building Demolition and Lot Clearing with Air Park Plaza, LLC. Item 14 now item 51: Resolution authorizing a Small Community Air Service Development Program grant award from the US Department of Transportation for funds to assist the City with a marketing campaign and an associated air traffic study for the purpose of increasing public demand for air services to and from the Yakima Air Terminal. Item 15 now item 5J: Resolution concerning administrative policy; enacting a policy that requires the City Manager to receive pre -approval for all planned travel. Item 16 now item 5K: Resolution authorizing approval of two lease agreements with the Tower, LLC for two spaces in the Tower Annex Building to be used for City personnel off- site training and to provide office space for the City–Federal Major Crime Task Force personnel. 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 Ensey seconded to approve the consent agenda. The motion carried by unanimous vote. A. 2014 4th Quarter Capital Improvement Projects Report B. 2014 4th Quarter Strategic Plan Monitoring Report. C. Resolution authorizing execution of a lease agreement with the Town of Tieton and Yakima Tieton Irrigation District to lease 30 shares of City entitled Yakima Tieton Irrigation District water to the City of Tieton for the water year 2015 RESOLUTION NO. R-2015-021, A RESOLUTION authorizing the City Manager to execute the attached and incorporated lease agreement with the Town of Tieton and Yakima Tieton Irrigation District to lease 30 shares of Yakima Tieton Irrigation District water to the Town of Tieton for the water year 2015. D. Resolution authorizing the City Manager to accept Passenger Facility Charge revenues from U.S. Department of Transportation to be used for matching funds for airport capital improvement projects RESOLUTION NO. R-2015-022, A RESOLUTION authorizing the City Manager to accept Passenger Facility Charge revenues from U.S. Department of Transportation to be used for matching funds for airport capital improvement projects. E. Ordinance relatin• to water utilit service ownershi me , • 'ment fixtu it •erso I fro peri n utilit et a • -c n 7.: 095 u b ing no g City- ndin clarifying the type of water and specifically with, modify g, connecting into or pmen nd fixtures, and akima Muni pal Code u ORDINANCE NO. 2015-005, AN ORDINANCE relating to water utility service ownership; clarifying the type of water utility lines, meters, equipment and fixtures owned by the City and specifically barring non -city personnel from tampering with, modifying, connecting into or using City -owned water utility lines, meters, equipment and fixtures, and amending Section 7.68.095 of the City of Yakima Municipal Code. F. Ordinance relating to special events; amending Chapter 9.70 of the Yakima Municipal Code to provide for no vehicle parking along parade routes before and during established community parades ORDINANCE NO. 2015-006, AN ORDINANCE relating to special events; amending Chapter 9.70 of the Yakima Municipal Code to provide for no vehicle parking along parade routes before and during established community parades. G. Resolution authorizing an agreement for Consulting Services with Kidder Mathews to evaluate current meeting and convention market trends, hotel demand and related conditions concerning the Yakima Convention Center to maximize services and opportunities offered in the future RESOLUTION NO. R-2015-023, A RESOLUTION authorizing and directing the City Manager to execute an Agreement for Consulting Services on behalf of the City of Yakima for the Yakima Convention Center. H. Resolution authorizing an agreement for Building Demolition and Lot Clearing with Air Park Plaza, LLC. RESOLUTION NO. R-2015-024, A RESOLUTION authorizing and direct the City Manager to execute an Agreement for Building Demolition and Lot Clearing with Air Park Plaza, LLC. Resolution authorizing a Small Community Air Service Development Program grant award from the US Department of Transportation for funds to assist the City with a marketing campaign and an associated air traffic study for the purpose of increasing public demand for air services to and from the Yakima Air Terminal RESOLUTION NO. R-2015-025, A RESOLUTION authorizing a Small Community Air Service Development Program grant award from the United States Department of Transportation for funds to assist the City with a marketing campaign and an associated air traffic study for the purpose of increasing public demand for air services to and from the Yakima Air Terminal. J. Resolution concerning administrative policy; enacting a policy that requires the City Manager to receive pre -approval for all planned travel RESOLUTION NO. R-2015-026, A RESOLUTION concerning administrative policy; enacting a policy that requires the City Manager to receive approval for all planned travel prior to the travel occurring. K. Resolution authorizing approval of two lease agreements with the Tower, LLC for two spaces in the Tower Annex Building to be used for City personnel off-site training and to provide office space for the City—Federal Major Crime Task Force p- • • gel RESOLUTI NO. ' 0 -027 ' ES ION latin to em yee training and public partnership :pprovi ; t agre - it er, L for space within the Tower Anne • uildi or City o' si e r. in acility, toget r with a lease for space to house the -der. Major Task artnership. 6. Audience Participation David Gaudette, City resident, asked Council members if they supported public gardens on public land and how to proceed with establishing community gardens. He was referred to Parks and Recreation Manager Ken Wilkinson or the Yakima School District. Raquel Acosta, City resident, spoke on behalf of David Morales with the Commission on Hispanic affairs and encouraged the City not to appeal the ACLU/redistricting lawsuit. John Crawford, stated he was here to learn more about the downtown plaza and thanked Council for the information on parking, which was very informative. He asked whether there would be a public vote on this issue. Mayor Cawley noted at this point there is no scheduled vote. Jar Arcand, business owner, complained about the process of filing a damage claim with the City due to a water main break in front of his business. City Manager O'Rourke noted the Council has no authority on this issue and he would be happy to meet with Mr. Arcand. Tony Courcey, City resident, noted some concerns. Sandy Belzer, City resident, shared her concerns about funding for the downtown plaza. Jim Bell, City resident, stated his unease with the downtown plaza and lack of an advisory vote. Steve Edwards, non-resident, spoke in favor of an advisory vote. Dana Johnson, City resident, spoke in support of a public vote on the downtown plaza. PUBLIC HEARINGS 7 Public meeting and resolution for approval of the Final Long Plat Cottonwood Partners LLC "Crown Point Phase 2" located in the vicinity of 7602 Coolidge Road Supervising Planner Jeff Peters introduced Assistant Planner Trevor Martin who briefed Council on the final plat. 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. RESOLUTION NO. R-2015-028, A RESOLUTION approving the final plat of Crown Point Phase 2 and authorizing the Mayor to sign the final plat. Motion: Coffey moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 8. Public meeting and resolution for approval of the Final Long Plat of Apple Tree Development No. 3B (Phase 1) located in the vicinity of Coolidge Road & South 88th Avenue Assistant PI Mayor Cawl the hearing. orward to speak, closed RESOLUTION NO. R-2015-029, A RESOLUTION approving the final plat of Apple Tree Phase 3B (Phase 1) and authorizing the Mayor to sign the final plat. Motion: Coffey moved and Lover seconded to adopt the resolution. The motion carried by unanimous vote. 9. Public hearing and ordinance for the proposed text amendments to the City of Yakima's Urban Area Zoning Ordinance amending Yakima Municipal Code (YMC) Ch. 15.08 Signs to further regulate or permit temporary, roof, wall, display case, fascia, and window signs Supervising Planner Jeff Peters briefed Council on the ordinance. Dave Fonfara, Chair of the Yakima Planning Commission, stated they held four workshops and open public hearings and believes this is a good representation of modifications to the ordinance, which are fairly simple and help make the sign code more understandable for those that use them. Mayor Cawley opened the public hearing. Tony Courcy, City resident, spoke against the sign ordinance. Mayor Cawley closed the hearing. The City Clerk read the ordinance by title. ORDINANCE NO. 2015-007, AN ORDINANCE relating to land use development regulations pertaining to signage; and amending Chapter 15.08 of the Yakima Municipal Code. Motion: Coffey moved and Adkison seconded to pass the ordinance. The motion carried by a 5-2 vote, Ensey and Lover voting no. CITY MANAGER REPORTS 10. Resolution authorizing an agreement with Central Washington Fair Association for economic development and marketing relating to the SunDome in the amount of $100,000 City Manager O'Rourke briefed Council on the resolution and noted this is for marketing and operational support from the SunDome. He stated this is a critical tourist related facility and of the $100,000 they are proposing $75,000 be funded from the hotel/motel tax and the balance from the general fund. Greg Stewart, with the Central Washington State Fair and SunDome, expressed his appreciation for the interest, support and partnership. He stated they have reached a point where they can no longer carry the SunDome on their own. Mayor Cawley reported this facility is one of the few venues in the State without outside support. Assistant Mayor Coffey stated the Lodging Tax Committee required the $75,000 only be used in promotion of the SunDome, no other facilities at the fair, and requested an action plan. After further Council discussion, the City Clerk read the resolution by title. RESOLUTI r - -20 RESO TION g rizing City Manager to execute a adm .te ;n agr- ent Cent 1 Washingto air Association for economic d: -lopm- a - ng r : tot ome i he amount of $100,000. Motion: Cof mo - a Lov > . e nded apt the resolution. The motion carried by 6-1 vote ey v• g no. 11. Resolution authorizing an agreement with the Greater Yakima Chamber of Commerce for promotion of economic and business development within the City of Yakima and All America application Economic Development Manager Sean Hawkins briefed Council on the resolution. Verlynn Best, CEO of the Greater Yakima Chamber of Commerce, stated they are very excited for this partnership and collaboration and thanked Council for their assistance and support. Council Member Lover asked if this issue went before the Council Economic Development Committee. City Manager O'Rourke noted it did not. Assistant Mayor Coffey noted the SunDome agenda item did not go before that Committee as well. The City Clerk read the resolution by title. RESOLUTION NO. R-2015-031, A RESOLUTION authorizing the City Manager to execute and administer an agreement between Greater Yakima Chamber of Commerce and City of Yakima for promotion of economic and business development within City of Yakima. Motion: Dittmar moved and Adkison seconded to adopt the resolution. The motion carried by a 6-1 vote, Ensey voting no. 12. Update of Downtown Parking Recommendations Economic Development Manager Sean Hawkins reviewed findings from the Carl Walker and Associates parking study, which covered 29 blocks downtown and shows there are 4,700 parking spaces. This number did not include the 1,400 spaces in the former Yakima Mall facility, the 100 spaces in the Dragon Inn parking garage, or the 140 spaces recently added with angled parking. He further reported on the recommendations from the study, which have been implemented and the recommendations that will be put in place regarding upgrades to lighting in certain areas and software for parking enforcement officers. Kathy Miller Parish, Toppenish resident and Larson Building tenant expressed her concern about parking in downtown. Ron Morton, owner Morton Antiques, stated the parking in downtown doesn't concern him; however, he feels there is a lack of parking near his business further North on Yakima Avenue. Leanna Luloff, non-resident, does not think the traffic lanes on Yakima Avenue should be reduced and believes the plaza parking will be inadequate. ORDINANCES 13. Ordinance amending and adding to the municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses Assistant Ci questions b illard answered Diane Mab - - - .ide and Ci. • .iness • • thanked CoIcil for listening to her concerns. She described how their process works. If they take an item on pawn, they hold it for 90 days; if they purchase an item, they hold it for 30 days, which allows the police department time to determine if it is stolen. Their biggest complaint is the selective enforcement as second hand dealers, gun shops and jewelry stores will purchase an item and put it for sale the same day. She believes the Washington State code is up to date and agrees the City's code should be updated. Additionally, she feels taking copies of photo ID for each person is redundant as they have already added their drivers license number to the computer system. Joe Mann, City resident and owner of Ron's Coin, supports using Leads -on -Line and feels those in attendance follow the rules. He believes the second-hand dealers should have to comply with the rules. He expressed his appreciation for meeting with the Police Department and Legal regarding this issue and believes they should have an annual meeting. After further Council discussion, it was Council consensus to return this issue to the Council Public Safety Committee for further review. 14. Ordinance amending the 2015 Budget for the City of Yakima, and making an appropriation of $750 within the 171 -Capitol Theatre Fund (First Reading) Finance and Budget Director Epperson stated this ordinance is a housekeeping measure and is a first reading only, with no action required. The City Clerk read the ordinance by title only. AN ORDINANCE amending the 2015 budget for the City of Yakima; and making appropriations of $750 within the 171 — Capitol Theatre Fund, for expenditure during 2015 to provide for additional costs of recruiting an executive director. 15. Other Business Council Member Lover suggested the City re-evaluate the process for funding requests and consider sending all requests to the Council Partnership Committee. He noted in the past the City would provide funding to a number of organizations at budget time. City Manager O'Rourke noted the difference now is the items approved tonight are requests for services, not a general subsidy. Council Member Lover suggested putting the plaza and parking issue on the ballot. After further Council discussion, Motion: Lover moved and Dittmar seconded to reconsidera public vote on the plaza and parking plan. The motion failed by a 4-3 vote with Adkison, Cawley, Coffey and Ettl voting no. 16. Adjournment Council Member Ensey announced that following the Council retreat tomorrow, the Council will adjourn to Executive Session on Friday at 1:30 to discuss pending litigation. Motion: Ensey moved and Coffey seconded to adjourn to a City Council Retreat on February 18, 2015 at 1:30 p.m. at the Hilton Garden Inn Board Room. The motion carried by u - - -- - vot eting urne CERTIFICATION READ AND CERTIFI ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MAYOR YAKIMA CITY COUNCIL CITY COUNCIL RETREAT February 18, 2015 Hilton Garden Inn --Board Room 1:30-4 p.m. Retreat -- MINUTES 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: City Manager O'Rourke and City Clerk Claar Tee Facilitator: Bill Chiat 2. Quarterly review with Bill Chiat--welcome and update Mr. Chiat welcome • •. o t�� y revi 3. Emergency manag - - Perry Tarrant, Eme - incident. 4. Discussion: Review of community survey results rotor, wadtouncil throut a mock emergency Facilitator Chiat reviewed the community survey results from 2014 with regard to strategic priorities. Discussion ensued on the Council's overall impressions of the survey. City Manager O'Rourke noted the survey indicates that citizens are happier with the overall direction the City is taking with a growth of 10 percent from the 2012 survey. The following areas of the survey were discussed in depth: * Safety - Property crime issues - Follow up * Economic Development - Assistant to help with marketing - Future impacts of changing trends in agriculture - Strategies to match education with future needs * Improve the Built Environment - Emphasis on partnerships with community - Trash dumping issues - Bike policy 5. Discussion: Check-in on Council governance of itself Mr. Chiat asked how Council is working together. Discussion ensued on keeping focused on priorities and accomplishments. 6. Capital improvements discussion Time did not allow for discussion of this item. 7. Budget process discussion Time did not allow for discussion of this item. 8. Adjournment Motion: Ensey moved and Dittmar seconded to adjourn to an Executive Session on February 20, 2015 at 1:30 p.m. at City Hall. The motion carried by unanimous vote. The meeting adjourned at 4:20 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE YAKIMA CITY COUNCIL SPECIAL MEETING February 20, 2015 City Hall -- Council Chambers 1:30 p.m. Executive Session -- MINUTES 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: City Clerk Claar Tee 2. Executive Session regarding pending litigation Mayor Cawley noted the Council would be moving into executive session and may not be making a decision. Council Member Ensey stated he expected to hear from the attorneys and after that the decision would be u• to Council. Motion: Ensey mo pending ACLU liti to executiv d by Executive Session djourn, :55 p. ession to discuss nimous vote. Council Members reconvened at 3 p.m. Mayor Cawley stated that Council has discussed the issues with legal counsel in executive session today and at this time there will be no decision on what further steps may be taken. Any decision by the Council will be discussed and voted on in a future public City Council meeting. There are concerns about the Court's implementation of its Order, which would have the effect of ending the terms of publically elected Council members two years prior to the expiration of their terms. How Council members are elected is an important issue for the citizens of Yakima, and the Council takes the Court's decision and this issue seriously. 3. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the March 3, 2015 Council Business meeting at 6 p.m. in the Council Chambers. The motion carried by unanimous vote. The meeting adjourned at 3:01 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: CITY CLERK MAYOR DRAFT YAKIMA CITY COUNCIL March 3, 2015 City Hall -- Council Chambers 4:30 - 5 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 Public Hearings -- MINUTES EXECUTIVE SESSION 1 Executive Session regarding pending litigation and to evaluate complaints brought against a public officer 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 icah le presi• �, As t Ma r Kathy Co , Council Members Maureen Adkiso Tom m sey Ettl Lover Staff: Acting Cit anag: S: n - . ins, me u er and Clerk Claar Tee 2. Pledge of Alleg Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Presentations/recognitions/introductions Recognition of retiring Fire Secretary II Rita Mantey-- 27 years of service Fire Chief Stewart recognized Rita Mantey for 27 years of service to the City of Yakima. 4. Council Reports A. Minutes of the Council Partnerships Committee meeting of February 19, 2015 Motion: Ensey moved and Adkison seconded to approve the minutes. The motion carried by unanimous vote. 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 item was added to the consent agenda. Item 11 now Item 5H Resolution authorizing a Professional Service Agreement with Huibregtse Louman Associates, Inc. (HLA), in an amount not to exceed $800,000 to prepare civil engineering plans and specifications for the North First Street Revitalization Project, Phase 2 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 Ensey seconded to approve the consent agenda. The motion carried by unanimous vote. A. 4th Quarter 2014 Accounts Receivable Status Report B. 4th Quarter 2014 Treasury Report C. Set April 7, 2015 as the date for a public hearing to consider the right-of-way petition submitted by Community Health of Central Washington for a portion of the south five feet of Tieton Drive between 4th Avenue and 5th Avenue D. Resolution setting April 23, 2015 as the date for an open record public hearing before the Hearing Examiner to vacate Hamm Avenue between S 12th Ave and S 13th Ave RESOLUTION NO. R-2015-032, A RESOLUTION fixing time for a public hearing before the Hearing Examiner on April 23, 2015, on a petition (Petition No. 15-01) to vacate the Hamm Avenue between South 12th Avenue and South 13th Avenue. E. Resolutio a advertising services with the Y ima H: :Id RESOLUTION - 5-0 A R . O TION p,ving and rating an annual agreement for legal advertising services between t e ity of Ya ima and the Yakima Herald -Republic. F. Ordinance amending the 2015 Budget for the City of Yakima, and making an appropriation of $750 within the 171 -Capitol Theatre Fund (Second Reading) ORDINANCE NO. 2015-008, AN ORDINANCE amending the 2015 budget for the City of Yakima; and making appropriations of $750 within the 171 – Capitol Theatre Fund, for expenditure during 2015 to provide for additional costs of recruiting an executive director. G. Ordinance updating Classification and Compensation Plan for City Employees Section 2.20.100 ORDINANCE NO. 2015-009, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective April 5, 2015; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. H. Resolution authorizing a Professional Service Agreement with Huibregtse Louman Associates, Inc. (HLA), in an amount not to exceed $800,000 to prepare civil engineering plans and specifications for the North First Street Revitalization Project, Phase 2 RESOULTION NO. R-2015-034, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Huibretgse Louman Associates (HLA), not to exceed $800,000 to prepare civil engineering plans and specifications for the North 1st Street Revitalization Project, Phase 2. 6. Audience Participation Verlynn Best, CEO of the Greater Yakima Chamber of Commerce, provided copies of their Community Profile and Membership Directory, Action Report and a listing of what the Chamber has done for the City. She stated she appreciated the Council's work and difficult decisions they need to make and noted her door is always open. David Morales, City resident and Commissioner for Hispanic Affairs, stated he is bringing back the same message as he has before which is to bring the voting rights lawsuit to an end. Maria Peroza, City resident, (in Spanish, Mr. Morales translating) stated how important the new districts are and believes people will become more involved. She supports this change. Tony Courcy, City resident, complained about the lack of response to his questions. PUBLIC HEARINGS 7. First public input hearing on the 2014 Consolidated Annual Performance Evaluation Report (CAPER) Archie Matthews, ONDS Manager, briefed Council on the 2014 Consolidated Annual Performance Evaluation Report (CAPER). Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. Mr. Matthews stated there is no action needed at this time and there will be another public hearing at the next meeting. 8. Public meeting a 2 located along t Avenues ng Plat of M dowview Phase etwee South 83rd and 85th Assistant Planner Trevor Martin briefed Council on the resolution. Mayor Cawley opened the public hearing. Tom Durant, with Durant Development Services, spoke in support of the resolution. RESOLUTION NO. R-2015-035, A RESOLUTION approving the final plat of Meadow View Phase 2 and authorizing the Mayor to sign the final plat. Motion: Coffey moved and Ensey seconded to adopt the resolution. The motion carried by unanimous vote. 9. Public hearing and ordinance to adopt the Airport Master Plan Airport Manager Rob Peterson briefed Council on the ordinance. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. ORDINANCE NO. 2015-010, AN ORDINANCE relating to the regulation of land use, comprehensive planning, and airport development in the City of Yakima adopting a new Airport Master Plan, and amending appendix "D" of City of Yakima's Yakima Urban Area Comprehensive Plan 2025, December 2006 (Ord. 2006-62) Motion: Ensey moved and Coffey seconded to pass the ordinance. The motion carried by unanimous vote. CITY MANAGER REPORTS 10. Downtown Parking Action Plan Acting City Manager Hawkins briefed Council on the Downtown Parking Action Plan. Nick Hughes, City resident, congratulated Acting City Manager Hawkins on all his hard work on this plan and spoke in favor of the downtown parking action plan. Council Member Ensey stated since there could be an entirely different Council next year, he suggests changing to a 60 day termination clause in the JEM contract instead of two years. Council Member Lover stated he had some concerns about the Black Box parking and if this would cause any problems. Mr. Hawkins stated they would not. He also asked about striping and security costs. After further Council discussion, Motion: Cawley moved and Coffey seconded to approve all items with the exception of 3 and 4 from the list, which will come back with the suggested change to the JEM contract. The motion carried by a unanimous vote. 11. Other Business None. 12. Adjournment Motion: Ensey meeting on Ma unanimous vote. adj n to the ne Council Business cil rs. T motion carried by CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR YAKIMA CITY COUNCIL March 17, 2015 City Hall -- Council Chambers 5:45-6 p.m. Executive Session; 6 p.m. Business Meeting; 6:30 p.m. Public Hearings -- MINUTES EXECUTIVE SESSION 1 Executive Session regarding pending litigation Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Dave Ettl and Bill Lover Absent: Rick Ensey (excused) Executive Session was held and adjourned at 5:59 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor icah C- le =` •, A- t Ma y Coffl, Council Members Maureen Adkiso Tom m Ettl . ov Absent: Rick En used 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 Proclamation of appreciation to the Davis High School Basketball Team and Coach Eli Juarez for 2nd place in the WIAA State Championships Mayor Cawley read the proclamation and Coach Eli Juraez accepted it. He thanked the City and the Community for their support. B. Appointments to Boards, Commissions and Council Committees Council Nominating Committee recommendations for appointment Motion: Adkison moved and Coffey seconded to recommend appointment of Carmen Mendez to the Yakima Planning Commission and Matthew Tweedy to the Parks and Recreation Commission. The motion carried by unanimous vote, Ensey absent. 4. Council Reports A. Council consideration of potential action responsive to the ACLU decision Francis Floyd, Counsel for the City of Yakima in the Montes and Arteaga v. City matter, stated he met with the City Council in Executive Session and recommended the City authorize him to file a motion for reconsideration regarding three issues, including asking the Council to consider the fact that the ACLU's fee petition for approx $2.8 million is excessive. Expert witnesses will testify this amount is grossly excessive, and Mr. Floyd asked that he be allowed to oppose the ACLU's fee petition. The issues for reconsideration, not an appeal, have nothing to do with implementing the Court's order for redistricting. Mr. Floyd stated the first issue is whether the Court erred in prematurely terminating three Council member positions, which he believes is a violation of state law. The second issue is that, in his opinion, the Court erred in alleging that the City's plan does not have a primary election, which was not an essential component of the plan, and noted the City can have a primary election. The third issue is that he believes the Court did not properly apply the threshold of exclusion. He noted that Fair Vote is also asking for reconsideration of the threshold of exclusion issue. Mr. Floyd stated the Court would consider and will expect the City to file an opposition to attorney fees. The ACLU would have seven days to reply following the submission of the City's reconsideration, and then the Court would decide. Mr. Floyd noted the deadline for an appeal would be 30 days following the Court's decision on reconsideration. He stated the Council is not moving to stay any part of the decision, is cooperating completely in implementing the Courts order, and there will be elections pursuant to the Court's order. The following citi ns e a :ins issue ► vid M a es, omm ion for Hispanic Affairs; Rev. Willie Pride 'aul Di. nzo que, -n P er Lawren Breer; Earl Lee; Mary Morphet-Brown; :vid G -r r cou tie Dore Kansoc. Council Member • the • is no ' they ca uss on this iUue and is aware this is a frustration for citizens. He believes the ACLU's attorney fees are out of line and merits an opposition. He also noted a vote of the people is required in order to change the City's method of voting in the City's Charter, which was conducted in 2011 and failed. The only other way to change the Charter is by Court order. Council Member Dittmar echoed the concerns regarding the ACLU's fees and believes the City needs to appeal. He stated he talked to the County and they are ready to implement the new district voting. The potential action tonight does not stop that. After further Council discussion, Motion: Dittmar moved and Ettl seconded to follow the attorney's recommendations. The motion carried by unanimous vote, Ensey absent. 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 item was added to the consent agenda. Item 11 now item 5C: Resolution approving Community Outreach and Mobilization Agreement by and between the City of Yakima and Citizens for Safe Yakima Valley Communities ("Safe Yakima Valley") 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 unanimous vote, Ensey absent. A. Resolution authorizing a contract with Yakima Habitat for Humanity for the sum of $150,000 to purchase lots and construct four (4) single family homes to be sold to qualified first time homeowners in the vicinity of N 2nd Street RESOLUTION NO. R-2015-036, A RESOLUTION authorizing the City Manager to execute a construction contract with Yakima Habitat for Humanity for the sum of $150,000 to purchase lots and construct four (4) single family homes to be sold to qualified first time homeowners in the vicinity of N 2nd Street. B. Ordinance concerning Parks, Playgrounds and public spaces, amending Section 9.70.295 to allow smoking at certain events where minors are not present ORDINANCE NO. 2015-011, AN ORDINANCE concerning Parks, Playgrounds and public spaces, amending Section 9.70.295 to allow smoking at certain events where minors are not present. C. Resolution approving Community Outreach and Mobilization Agreement by and between the City of Yakima and Citizens for Safe Yakima Valley Communities ("Safe Yakima Valley") RESOLUTION OLU aut ager to execute and administer an a• ement -ti ns f' e Ya a Valley C munities ("Safe Yakima Valley"), a non it cor • ;tip it of :, fo nit o reach and mobilization p p Y Y services in supp 6. Audience Participa ion Joey Anderson, City resident, asked how she would go through the process of a public hearing on her denial of a request for a public records document before she seeks action in the courthouse. City Attorney Cutter noted from what he understands, Ms. Anderson has exhausted her remedies through the City and at this point it is up to her to take additional action. PUBLIC HEARINGS 7. Final Public Input hearing on the 2014 Consolidated Annual Performance Evaluation Report (CAPER) Archie Matthews, ONDS Manager, briefed Council on the hearing for the 2014 Consolidated Annual Performance Evaluation Report (CAPER). Council Member Lover asked if any written comments were received. Mr. Matthews stated they received none. Mayor Cawley opened the public hearing. Tony Courcy, City resident, asked why there was no public notification of the first public hearing as he saw a notice of correction regarding the first public hearing, after the hearing was held. ONDS Manager Matthews stated there was a notice published before the first public hearing; however, they made an error on the time the public hearing started, listing it as 7 p.m. instead of 6:30 p.m. He reported he was at the first public hearing until after 7 p.m. to make certain anyone who wanted to speak on the issue was able to. With no other speakers, Mayor Cawley closed the public hearing. Mr. Matthews stated there is no action required by Council on this issue at this time. 8. First Public Hearing for the 2015 - 2019 Consolidated Plan & 2015 Annual Action Plan Archie Matthews, ONDS Manager, briefed Council on the hearing for the 2015 - 2019 Consolidated Plan & 2015 Annual Action Plan. Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the hearing. Mr. Matthews stated this is the first public hearing and there is no action needed by Council at this time. 9. Public hearing to consider appeal filed by Scott Holtzclaw on the denial of the renewal of taxi driver's license Assistant City Attorney Faul briefed Council on the appeal process. Sgt. Belton from the Yakima Police Department, recommended denial of the request for reinstatement as Mr. Holtzclaw had two positive drug or alcohol tests in the last three years and the Department of Licensing had revoked Mr. Holtzclaw's Commercial Drivers License. Sgt. Belton's concern is that he can no longer haul commercial goods, but may be able to drive citizens of this community. Mr. Holtzclaw ve - • -st: • • twice marij - • u h clean since August 2014. He report: he ha- c. • •ved - :sse' is urinalysis A) in February and that he is willing to to •any ki • _ dru• any e has e years experience as a taxi driver and t Jerry Patton, Mr. Holtzclaw's step -father and boss as owner of Diamond Cab, stated his son is doing much better and will insist he take a drug test every month. He wants to give Mr. Holtzclaw another chance and noted he is an asset to him and his company. He requested Council to reconsider. Daniel Wilkinson, City resident, stated he is a customer of Diamond Cab and spoke in support of Mr. Holtzclaw. Council Member Lover asked if this is considered a quasi-judicial issue. City Attorney Cutter confirmed it is. Council Member Lover asked why Mr. Holtzclaw was tested for drugs. Mr. Holtzclaw stated he was mandatorily drug tested when he applied for a truck driving job and as a driver for Dial -a -Ride. It was not related to driving under the influence. Council Member Dittmar verified Mr. Holtzclaw has a current/active drivers license for the State of Washington. Council Member Ettl asked whether Mr. Holtzclaw was using marijuana for medical or recreational purposes. Mr. Holtzclaw stated it was for medical purposes; however, he is no longer using it. Mayor Cawley stated he likes options in order to reach a solution. Council Member Adkison stated she thinks the testimonies on Mr. Holtzclaw's behalf are compelling and this is his livelihood they are contemplating. She believes this is a matter of trust and she is willing to put trust in him. Assistant Mayor Coffey noted she would like to agree but is concerned about the liability this would place on the City should Council approve his license. Council Member Ettl asked what level of liability the City would face. City Attorney Cutter stated there would likely be liability as an injured person will look to anyone associated with the issue to find fault. He feels the City could be a party in a lawsuit should something happen but couldn't say what percentage. He reported the City can either reinstate the license or deny it; there can be no conditions made. Motion: Dittmar moved and Ettl seconded to reinstate Mr. Holtzclaw's taxi license. The motion carried by a 4-2 vote, Coffey and Cawley voting no, Ensey absent. CITY MANAGER REPORTS 10. Report on Commercial Vehicle Enforcement Program Chief Rizzi stated at the request of Council Member Dittmar, the Yakima Police Department will give periodic reports to Council. Last month they reported on crime statistics and today's report is by Officer Moore on the Commercial Vehicle Enforcement Program. Officer Moore reported last year was the first full year of the program. He stated he has been very impressed with the safety records of the vast majority of commercial drivers in the community and has built a good relationship with the business owners and truck drivers. He tracked 50 citations through the local court system to make sure everyone was educated on the process. He feels the City has made big strides in how the trucking industry will haul freight differently and the roads will last for their full intended use. Council Member Lover asked if North First Street is one of the major commercial vehicle routes. Officer Moore indicated it is; however, 16th Avenue and the freeway interchange have also seen major growth. 11. Ordinance amen • a ► :dd to t cipal a garding rep ing and recording requirements of ' .. . • ers hapter . , secon dealers (C pter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses Bronson Faul, Assistant City Attorney, briefed Council on the ordinance. Diane Mabry, with Bestway Pawn, stated their biggest concern is equal enforcement. If they do not see that happening, they will be back to complain. She appreciated Council's participation and willingness to listen. Holly (no last name provided), from Seattle with Cash America, stated they have cameras throughout their stores that catch the customer entering, signing the tickets and accepting cash and doesn't feel it is necessary to make copies of photo ID's. Scott Willson, City resident, spoke on behalf of Finders Furniture. He is not certain how the ordinance pertains to their business. Their furniture doesn't have ID numbers. He believes a general record of the transaction is sufficient. Assistant City Attorney Faul noted they are only changing the reporting and recording requirements. Council Member Lover asked if they need to do something regarding the furniture issue. City Manager O'Rourke noted they will take a look at it and if needed, they will bring it back for discussion. The City Clerk read the ordinance by title only. ORDINANCE NO. 2015-012, AN ORDINANCE amending and adding to the City of Yakima municipal code regarding reporting and recording requirements of pawnbrokers (Chapter 5.54), secondhand dealers (Chapter 5.64) and precious metal dealers (Chapter 5.70); setting penalties for violating the municipal code regarding these businesses. Motion: Ettl moved and Dittmar seconded to pass the ordinance. The motion carried by unanimous vote, Ensey absent. 12. Other Business None. 13. Adjournment Motion: Coffey moved and Dittmar seconded to adjourn to the next Council Business meeting on April 7, 2015 at 6 p.m. in the Council Chambers. The motion carried by unanimous vote, Ensey absent. The meeting adjourned at 8:09 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE YAKIMA CITY COUNCIL SPECIAL MEETING March 23, 2015 City Hall -- Council Chambers 9:30 a.m. Special Meeting regarding Montes and Arteaga v. City of Yakima -- MINUTES 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee Absent: Dave Ettl (excused) 2. Council Rules and Procedures Issue City Attorney Cutte desire to participat Rules and Procedu from Municipal Res law if a member pa ber E ho ces r stated he r dition, ich stated th via o -way unicat e suggested rstands it is his iewed the Council's e reviewed an opinion is no violation of state at Council make a motion to allow Council Member Ettl to attend via telephonic communication and vote on any issues. Assistant Mayor Coffey believes this is a good point and their rules should be amended. Mayor Cawley reported he talked to Council Member Ettl this morning, and he is not available to participate by phone. Motion: Coffey moved and Ensey seconded to accept the recommendation that participating via telephone be allowed. Council Member Adkison asked if this change is for this meeting only or all meetings. Assistant Mayor Coffey confirmed it would be for all meetings. The motion failed by a 3-3 vote with Adkison, Dittmar and Lover voting no, Ettl absent. 3. Consideration of Montes and Arteaga v. City of Yakima and action that may be taken in the case Mayor Cawley stated he would prefer to have a discussion with Council on the issue in an executive session as they haven't discussed it since the previous meeting. Motion: Cawley moved and Adkison seconded to adjourn to an Executive Session on pending litigation for30 minutes. The motion failed by a 3-3 vote with Coffey, Ensey and Lover voting no, Ettl absent. Council Member Adkison stated she spoke with Council Member Ettl who couldn't be here today or be in touch by phone and he asked her if this could be postponed for a few days until all members could attend. Council Member Lover noted they have had other significant votes without the full Council. Council Member Ensey added that once a full Council is present the vote could be reversed. Motion: Dittmar moved and Ensey seconded to postpone consideration on this issue until the full Council is present. The motion carried by a 5-1 vote, with Lover voting no, Ettl absent. Mayor Cawley asked Legal Counsel Frances Floyd (via speakerphone) if he had anything to add. Mr. Floyd asked that the issue not be discussed until the full Council has the opportunity to meet. Motion: Dittmar moved and Adkison seconded to have an Executive Session on the issue on Friday or at the next available time all Council members are present. The motion carried by unanimous vote, Ettl absent. Council Member Lover advised he will not be available on Friday, March 27, 2015. 4. Adjournment Motion: Ensey moved and Dittmar seconded to adjourn to April 7, 2015 for the next Council Business meeting at 6 p.m. at City Hall. The motion carried by unanimous vote, Ettl absent. The meeting adjourned at 9:43 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE D RA UNCIL ME ER DATE CITY CLERK MAYOR