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HomeMy WebLinkAbout07/07/2015 Business Meeting/Executive Session 235 o d,t }d :t $i 3 ¢X YAKIMA CITY COUNCIL July7,2015 City Hall -- Council Chambers 5:40 p.m. Executive Session; 6 p.m. Business Meeting -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding pending litigation 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 m Motion: Ensey moved and Coffey seconded to adjourn to Executive Session for 20 minutes to discuss pending litigation. The motion carried by unanimous vote. Executive Session was held and adjourned at 6 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 EttI 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 State Senator Curtis King for his efforts to secure critical local transportation infrastructure funding Mayor Cawley and members of the City Council recognized State Senator Curtis King for his efforts to secure critical local transportation infrastructure funding and presented him with a Crystal Apple Award. Senator King stated it is an honor and a privilege to represent Yakima. ii. Recognition of Don Whitehouse, Regional Administrator, Washington State Department of Transportation, contributions to the Yakima Valley Page 1 of 6 236 Mayor Cawley and members of the City Council recognized Don Whitehouse, Regional Administrator, Washington State Department of Transportation, contributions to the Yakima Valley on his retirement and presented him with a Crystal Apple Award. Mr. Whitehouse thanked Council for the partnership and recognition. Rich Peck, Water Distribution Crew Leader, retirement recognition Water and Irrigation Manager Dave Brown recognized Rich Peck for 31 1/2 years of service to the City of Yakima. Mr. Peck stated many people don't realize the countless hours Dave Brown contributes to the City and thanked him for his support. iv. Recognition of Years of Service - Gary Hill 35 Years, Tom Larez 25 Years and Mike Price 20 Years Water and Irrigation Manager Dave Brown recognized Tom Larez for 25 years of service even though he wasn't available to attend this meeting. Mike Price, Acting Wastewater Manager, recognized Gary Hill for 35 years of service to the City. Debbie Cook recognized Mike Price for his 20 years of service to the City. v. Sports Commission -- update on community sporting events John Cooper, President and CEO, Yakima Valley Tourism introduced Rich Austin, Director of Sports, Yakima Valley Sports Commission. Mr. Austin reported on Sports Commission events and contributions to the Yakima Valley. 4. Council Reports A. Minutes of the Council Partnerships Committee meeting of June 23, 2015 Motion: Coffey moved and Adkison seconded to approve the Committee 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 items were removed from the consent agenda: Item 5C now 7 and Item 5H now 8. The following items were added to the consent agenda: Item 7 now 5J; Item 9 now 5K; Item 11 now 5L; and Item 12 now 5M. 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 April 7, April 21, May 5, May 19, June 2 and June 16, 2015 City Council Business meetings; April 3, April 15, May 27 and June 8, 2015 Special meetings B. 1st Quarter 2015 Financial Trend Monitoring Report Page 2 of 6 237 C. Set July 21, 2015 as the date of a public hearing for Council consideration of the Yakima Planning Commission's revised recommendation and ordinance regarding the remand decision related to the use and definition for "Mission" in the GC, CBD, and M -1 zoning districts. D. Resolution authorizing an Interlocal Purchasing Agreement with Brazos Valley Council of Governments and to take such actions as are necessary to register the City of Yakima as a participating public agency with Purchasing Solutions Alliance RESOLUTION NO. 2015-088, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Purchasing Agreement with Brazos Valley Council of Governments (BVCOG) and to take such actions as are necessary to register the City of Yakima as a participating public agency with Purchasing Solutions Alliance (PSA). E. Resolution declaring surplus and authorizing disposition of the Tiger Oil property located at 2312 West Nob Hill Blvd RESOLUTION NO. 2015-089, A RESOLUTION declaring the property located at 2312 West Nob Hill Boulevard, Yakima Washington 98902 to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such parcel. F. Resolution authorizing an Interlocal Agreement with Yakima County Technology Services for business related technology services for the Yakima DEA Task Force RESOLUTION NO. 2015-090, A RESOLUTION authorizing an Interlocal Agreement with Yakima County Technology Services for business related technology services for the Yakima DEA Task Force. G. Resolution authorizing an agreement with Yakima Valley Partners Habitat for Humanity to expend $45,000 in HOME funds to purchase the lot at 801 E. Pine Street and construct a single - family home that will be sold to a qualified first - time home buyer RESOLUTION NO. 2015-091, A RESOLUTION approving and authorizing the City manager to execute an agreement with Yakima Habitat for Humanity for expenditure of $45,000 in HOME funds for purchase of lot and construction of single - family home for sale to qualified first -time home buyer, at 801 E. Pine Street, Yakima. H. Resolution ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair of the roof and water damaged interior at Fire Station 92, located at 7707 Tieton Drive RESOLUTION NO. 2015-092, A RESOLUTION ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair of the roof and water damaged interior at Fire Station 92, located at 7707 Tieton Drive. Resolution ratifying and approving an agreement between the City of Yakima Municipal Court and the Yakima County District Court for provision for probation services Page 3 of 6 238 RESOLUTION NO. 2015-093, A RESOLUTION ratifying and approving an agreement between the City of Yakima Municipal Court and the Yakima County District Court for probation services. J. Consideration of a street naming request submitted by the Veterans of Foreign Wars Post #379 and American Legion Post #36 to name a future street known as Cascade Mill Parkway to Bravo Company Boulevard. K. Resolution ratifying and approving an agreement with the Federal Bureau of Investigation for coordination and cooperation of personnel in the Eastern Washington Violent Gang Safe Streets Task Force and approving the cost reimbursement agreement between the agencies related to task force investigations RESOLUTION NO. 2015-094, A RESOLUTION ratifying and approving an agreement with the Federal Bureau of Investigation for coordination and cooperation of personnel in the Eastern Washington Violent Gang Safe Streets Task Force — Yakima (EWVGSSTF -Y) and approving the cost reimbursement agreement between the agencies related to task force investigations. L. Resolution authorizing an sale listing agreement with Heritage Moultray Real Estate for the former Tiger Mart property located 2312 W. Nob Hill Blvd RESOLUTION NO. 2015-095, RESOLUTION authorizing the City Manager to execute a sale listing agreement with Heritage Moultray Real Estate for the former Tiger Mart property located 2312 W. Nob Hill Blvd. M. Resolution authorizing an agreement for $307,000 in a loan and $307,000 in a grant from the Yakima County SIED Board to provide for the construction of certain infrastructure improvements to the airfield RESOLUTION NO. 2015-096, A RESOLUTION authorizing the City Manager to execute the necessary agreement for $307,000 in a loan and $307,000 in a grant from the Yakima County SIED Board to provide for the construction of certain infrastructure improvements to extend 21st Avenue as well as realign Airport Lane thereby providing direct access to the airfield. 6. Audience Participation The following people requested the Council to repeal the ban on marijuana: Isaac Curtis, non - resident; Jedidiah Haney, City resident; Josh Miller, non - resident; Gavin Keefe, City resident; Kyle Webster, City resident; Dr. Jim MacRae, non - resident and Pete Hernandez, City resident. Assistant Mayor Coffey asked if any Council member is interested in revisiting the ban on this issue. There was no response. Council Member Ensey noted there will be new Council members in January, which may be the time to pursue a repeal. CITY MANAGER REPORTS Page 4 of 6 239 7. Set July 21, 2015 as the date for a public hearing on the proposed development agreement for the planned development of Scenic Estates, and a public meeting to consider the Final Plat of Scenic Estates Councilmember Adkison sought clarification from Joan Davenport, Community Development Director, on this item. Ms. Davenport stated part of the process is to review street capacity. Motion: Cawley moved and Ensey seconded to approve the set date. The motion carried by unanimous vote. 8. Resolution authorizing an agreement with Catholic Charities Housing Services for expenditure of $71,344 in HOME funds for the rehabilitation of St. Martin de Porres house, located at 1423 Karr Avenue, Yakima Council Member Ettl asked how often the City helps non - profits such as this one. ONDS Manager Archie Mathews stated they typically help with senior and disabled citizens, as well as building homes with OIC and Habitat for Humanity; however, they have $43,000 to use by August or it will be returned to HUD and this project met the requirements for use of those funds. RESOLUTION NO. 2015-097, A RESOLUTION approving and authorizing the City manager to execute an agreement with Catholic Charities Housing Services for expenditure of $71,344 in HOME funds for the rehabilitation of St. Martin de Porres house, located at 1423 Karr Avenue, Yakima. Motion: Ettl moved and Dittmar seconded to adopt the resolution. The motion carried by unanimous vote. 9. Resolution authorizing an agreement with the Yakima Downtown Rotary Club to define the responsibilities of the City and the Rotary Club in the development of a playground at Randall Park Parks and Recreation Manager Ken Wilkinson briefed Council on the agreement and introduced Bob DiPietro with Downtown Rotary. Mr. DiPietro stated it has been a pleasure for Rotary members to work with Mr. Wilkinson and his staff and they are happy to be part of this exciting project. The City Clerk read the resolution by title only. RESOLUTION NO. 2015-098, A RESOLUTION authorizing the City Manager to execute an agreement with the Yakima Downtown Rotary Club to define the responsibilities of the City and the Rotary Club in the development of a playground at Randall Park. Motion: Ensey moved and Coffey seconded to adopt the resolution. The motion carried by unanimous vote. 10. Resolution authorizing an agreement with the Millennium Foundation for repair and maintenance of the "Bins of Light" Artwork installed upon the eastern face of the grade separation overpass on East Lincoln Avenue City Manager O'Rourke briefed Council on the agreement. Page 5 of 6 240 The City Clerk read the resolution by title only. RESOLUTION NO. 2015-099, A RESOLUTION authorizing the City Manager to execute an agreement with the Millennium Foundation for repair and maintenance of the "Bins of Light" Artwork installed upon the eastern face of the grade separation overpass on East Lincoln Avenue. Motion: EttI moved and Adkison seconded to adopt the resolution. The motion carried by unanimous vote. 11. Other Business Motion: Dittmar moved and EttI seconded to authorize Francis Floyd to file a limited appeal of Judge Rice's June 19, 2015, order regarding attorneys' fees and costs. The appeal will be limited to preserving the City's rights to challenge the ACLU's status as a "prevailing party" after the U.S. Supreme Court's decision in Evenwel v. Abbott, which decision may affect the amount or percentage of any award of attorneys' fees and costs that are appropriate for the Court to award, if any. The appeal will not involve the amount or calculation of Judge Rice's award of attorneys' fees and costs in the event that plaintiffs remain the prevailing party on all of plaintiffs' claims. The motion carried by unanimous vote. Motion: Dittmar moved and EttI seconded to instruct attorney Francis Floyd to take no further action seeking to stay the upcoming elections in 2015 for City Council positions. The motion carried by unanimous vote. 12. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to the next Council Business Meeting on July 21, 2015, at 6 p.m. in the Council Chambers at City Hall. The motion carried by unanimous vote. The meeting adjourned at 7:26 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY , / 1 mil) , COUNCIL MEMBER DATE CO CIL M M R T DATE ATTEST: A.i/oa(. y .",/ . CITY CLERK * MAY1DR yl Page 6 of 6