HomeMy WebLinkAbout01/18/2011 04A Draft Minutes 12-14-2010 Business MeetingYAKIMA CITY COUNCIL / A
BUSINESS MEETING
® DECEMBER 14, 2010
COUNCIL CHAMBERS, YAKIMA CITY HALL
2:00 P.M. — BUSINESS MEETING
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council
Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover
Staff:. City Manager Zais, City Attorney Cutter and City Clerk Kloster
2. . Invocation /Pledge of Allegiance
Council Member Edler gave an invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations
Mayor Cawley read a proclamation declaring December 21, 2010 as Homeless Persons
Memorial Day. Rhonda Hoff, Chief Operating Officer of Yakima Neighborhood Health
Services, accepted the proclamation.
B. Presentations /recognitions /introductions - None
C. Status reports on prior meeting's citizen service requests - None
D. Appointments to Boards, Commissions and Council Committees - None
4. Consent Agenda
Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether
there were any additions or deletions from either Council members or citizens present.
Item number 21 was removed from the Consent Agenda. The City Clerk read the
Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED
EDLER AND SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion
carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *)
indicate items on the Consent Agenda handled under one motion without further
discussion.)
*A. Consideration of approval of City Council Meeting Minutes
1. Business Meeting —November 16, 2010
The minutes of the November 16, 2010 Business meeting were approved, having been
duly certified accurate by two Council members and no one present wishing to have said
minutes read publicly.
*B. Consideration of approval of Council Committee Meeting Minutes
1. Public Safety Committee — November 17, 2010
2. Transit - Transportation Committee — November 18, 2010
3. Economic. Development Committee — December 1, 2010
4. Neighborhood Development Committee — December 1, 2010
5. Gang -Free Initiative Steering Committee — December 2, 2010
The Council Committee meeting minutes were approved.
DECEMBER 14, 2010
5. Audience Participation
Robert Owen, 614 N. 3rd Street, had various complaints about the Police Department,
the length of time citizens are allowed to speak during Audience Participation, and lack
of communication with staff and the Council.
Mary Baechler, Central Washington Progress, 1151 Cook Road, submitted a formal
request to have the petition requesting that City Council positions be elected by districts
added to the ballot for the special election on February 8, 2011. City Attorney Cutter
and Council Member Ettl attempted to explain the process to be followed. Ms. Baechler
expressed frustration with the process.
E. J. Juarez of Yakima spoke in support of the petition as did Ricardo Garcia and Sister
Mary Ellen Robinson, both of Wapato. Also speaking in favor of the petition to add the
issue to the February 8th special election were Ron Bonlender and Dr. Robert Plumb.
CITY MANAGER'S REPORTS
6. Consideration of a Resolution authorizing 2010 Community Revitalization
Deduction
Community and Economic Development Director Michael Morales advised that the
renewal community designation expired at the end of 2009 and we continue to seek an
amendment to extend the designation. The intent of the resolution is to allow the City
Manager or his designee the opportunity to make an allocation if something happened in
the legislature by the end of this year. The City Clerk read the resolution by title,
ENSEY MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The
motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2010 -149, A RESOLUTION authorizing the City Manager, or his
designee, to award the 2010 allocation of the federal Renewal Community Commercial
Revitalization Deduction to eligible projects, and directing the City Manager, or his
designee, to submit the list of eligible projects to the Washington State Department of
Community, Trade and Economic Development (CTED) for certification.
*7. Consideration of 2010 third quarter finance reports:
A. Accounts Receivable report
B. Treasury report
The 2010 third quarter reports were accepted.
*8. Consideration of a Resolution authorizing execution of an agreement with Yakima
County District Court for probation services
RESOLUTION NO. R- 2010 -150, ARESOLUTION authorizing the Presiding Judge of
the Yakima Municipal Court to execute an agreement with the Yakima County District
Court for probation services.
*9. Consideration of a Resolution declaring an emergency and ratifying approval of
all applicable documents to allow for the repair of a section of the existing
plumbing located at the City of Yakima Public Works Complex
RESOLUTION NO. R- 2010 -151, A RESOLUTION declaring -an emergency. and ratifying
the City Manager's approval of all applicable documents to allow for the repair of a
section of the existing plumbing located at the City of Yakima Public Works Complex.
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DECEMBER 14, 2010
*10. Consideration of a Resolution authorizing an amendment to an agreement with
OIC of Washington for new home construction in the Marvin Gardens subdivision
RESOLUTION NO. R- 2010 -152, A RESOLUTION authorizing the City Manager to
amend an agreement with OIC of Washington for new home construction in the Marvin
Gardens subdivision.
*11. Consideration of a Resolution authorizing execution of a Memorandum of
Understanding between the United States Marshals Service and the City of
Yakima Police Department regarding the Violent Offender Task Force
RESOLUTION NO. R- 2010 -153, A RESOLUTION authorizing and directing the Chief of
Police of the City of Yakima to execute a Memorandum of Understanding between the
United States Marshals Service ( "USMS ") and the City of Yakima Police Department
regarding the Violent Offender Task Force ( "VOTF ").
*12. Consideration of a Resolution approving the preliminary plat of Washington
Heights Phases 2 through 11
RESOLUTION NO. R- 2010 -154, A RESOLUTION concerning the application submitted
by Sullivan. Rowell Properties, LLC for Washington Heights Phases 2 through 11, a 240 -
lot subdivision located on the south side of Zier Road and west of South 76 Avenue,
City No. PLP #002 -10: approving the preliminary plat, subject to certain conditions.
*13. Consideration of a Resolution adopting a revision to the City of Yakima's Drug
® and Alcohol Policy —Part II
RESOLUTION NO. R- 2010 -155, A RESOLUTION adopting a revision to Part II of the
City of Yakima Substance Abuse Policy in accordance with the U.S. Department of
Transportation's regulations under the Department of Transportation (49 CFR Part 40),
Federal Motor Carrier Safety Administration (49 CFR Part 382), and the Federal Transit
Administration (49 CFR Part 655).
*14. Consideration of a Resolution amending Yakima Transit's Disadvantaged
Business Enterprise (DBE) program
RESOLUTION NO. R- 2010 -156, A RESOLUTION authorizing the filing of a resolution
amending Resolution No. 2010 -114 for Yakima Transit's Disadvantaged Business
Enterprise Program and its associated triennial goal with the Federal Transit
Administration, an operating administration of the United States Department of
Transportation, as authorized by 49 C.F.R. Parts 23 and 26, & United States Code Titles
23, 42, and 49 and directing staff to implement the program.
S. Consideration of a Resolution canceling the annual Management Group employee
pay and compensation adjustment provided by YMC 2.20.116 for management
employee compensation effective for the calendar year 2011, as provided in YMC
2.20A 1.6(C)
RESOLUTION NO. R- 2010 -157, A RESOLUTION concerning City of Yakima
Management Group pay and compensation, cancelling the annual Management Group
• employee's pay and compensation adjustment provided by YMC 2.20.116 for
management employee compensation, effective for the calendar year 2011, as provided
in YMC 2.20.116 (C).
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DECEMBER 14, 2010
*16. Consideration of a final contract payment for Tri- Valley Construction for
Richardson Airways site cleanup project (approve Standard Motion V -B— accept
the project and approve the final payment)
The report from the City Engineer, dated December 14, 2010, with respect to the
completion of the work on the Richardson Airways Site Cleanup, performed by Tri - Valley
Construction was approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
*17. Set date of public hearing for January 18, . 2011 regarding the Barge- Chestnut
traffic calming plan
January 18, 2011 was set as the date of public hearing regarding the Barge- Chestnut
traffic calming plan.
ORDINANCES
18. Consideration of an Ordinance adopting a budget for the City of Yakima for 2011
City Manager Zais introduced the budget ordinance for 2011. He pointed out that the
$193 million budget is 6% less than the current amended 2010 budget. He thanked
staff for their hard work in the budget preparation. The City Clerk read the ordinance by
title only; EDLER MOVED AND ADKISON SECONDED TO PASS THE ORDINANCE.
Following Council comments of appreciation of staff and Council efforts, the motion
carried by unanimous roll call Vote.
ORDINANCE NO. 2010 -50, AN ORDINANCE adopting a budget for the City of Yakima,
Washington, for the year 2011; and making appropriations, for estimated expenditures.
19. Consideration of an Ordinance adjusting Tahoma Cemetery rates and fees
Chris Waarvick, Public Works Director, was available for questions. The City Clerk read
the ordinance by title only; EDLER MOVED AND COFFEY SECONDED TO PASS THE
ORDINANCE. The motion carried by a 5 -1 roll call vote; Lover and. Ensey voting no.
ORDINANCE NO. 2010 -51, AN ORDINANCE relating to rules and regulations for
Tahoma Cemetery; increasing and amending fees; incorporating appropriate wording
changes to correctly reflect current cemetery operations; and amending
sections 7.04.050, 7.04.070, 7.04.080, and 7.04.090 of the City of Yakima Municipal
Code.
20. Consideration of an Ordinance approving a 2011 to 2014 Irrigation operations and
maintenance rate adjustment
Dave Brown, Water and Irrigation Manager, was available for questions. The City Clerk
read the ordinance by title only; COFFEY MOVED AND EDLER SECONDED TO PASS
THE ORDINANCE. The motion carried by a 6 -1 roll call vote, Ensey.voting no.
ORDINANCE NO. 2010 -52, AN ORDINANCE relating to irrigation utility service
charges; amending the annual irrigation operation and maintenance charges, amending
the rate effective date; and amending sections 7.24.100 and 7.24.110 of the City of
Yakima Municipal Code.
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DECEMBER 14, 2010
• 21. Consideration of legislation relating to Transit Services:
A. Ordinance amending Chapter 7.90 of the City of Yakima Municipal Code to
add new sections 7.90.030 entitled Transit Code of Conduct, 7.90.050 entitle
Enforcement and Appeal procedures and 7.90.060 entitled Severability
Council Member Lover stated there were complaints from owners in the area that some
transit riders loiter on the sidewalks in front of their businesses located across from the
Transit Center. He suggested "No Loitering" signs be installed in front of the
businesses. He will meet with the business owners. The City Clerk read the ordinance
by title only; COFFEY MOVED AND ADKISON SECONDED TO PASS THE
ORDINANCE. The motion carried by 6 -1 roll call vote; Lover voting no.
ORDINANCE NO. 2010 -53, AN ORDINANCE relating to Transit Services; amending
Chapter 7.90 of the. Yakima Municipal Code to add sections 7.90.030 Transit Code of
Conduct, 7.90.050 Enforcement and Appeal Procedures and 7.90.060 Severability.
B. Resolution authorizing execution of a professional services contract for
Transit Hearing Examiner services
Mr. Waarvick explained that the ordinance provides for a Hearing Examiner to review
appeals from citizens who no longer can use transit services due to code violations. The
City Clerk read the resolution by title only; EDLER MOVED AND COFFEY SECONDED
TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2010 -158, A RESOLUTION authorizing and directing the City
• Manager of the City of Yakima to execute a Professional Services Contract for Transit
Hearing Examiner services.
*22. Consideration of an Ordinance amending Chapter 7.65 Sewer Use and
Pretreatment regulations to incorporate mandated local limit revisions
ORDINANCE NO. 2010 -54, AN ORDINANCE amending Sections 7.65.060 and
7.65.070 of the Yakima Municipal Code to revise the Local Limits of the City of Yakima's
Pretreatment Program to prevent pass- through-or interference with the Publicly Owned
Treatment Works (POTW) and to protect the receiving waters of the State.
*23. Consideration of an Ordinance amending the Classification and Compensation
Plan for certain City. employees and amending Subsection 2.20.110G all of the City
of Yakima Municipal Code
ORDINANCE NO. 2010 -55, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective January 15,
2011; amending Subsections 2.2.0.110A and 2.20.110G all of the City of Yakima
Municipal Code
24. Other Business
Council Member Ensey said he had received complaints from a couple members of the
Planning Commission regarding staff interaction with the Commission. They would like
to discuss the issue with City management..
Discussion continued on the Council districting petition issue. City Attorney Cutter
explained the process once valid signatures are verified. State statute requires a
resolution be presented to the County Auditor, including a statement of the proposition
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DECEMBER 14, 2010
and a date for it to be considered for a vote. He explained how state statute supersedes
the City Charter. Where the Charter refers to a special election being called, the state
statute says it shall be submitted to the voters at the next regular municipal election
occurring 30 days or more from when the petition is filed. He went on to discuss
complexities of interpretations, but noted that where there is conflict between state law
and the City municipal charter, it is typically deemed that state law will prevail.
Mary Baechler noted that if it could be put on the February special election, it will save
the taxpayers money. Council Member Ettl attempted to clarify the difference in urgency
with regard to the Strong Mayor /City Manager ballot versus the redistricting issue. Mary
Baechler and Ron, Bonlender each gave their reasons again why they would like it to be
on the February special election ballot. Bill Duerr spoke about the serious need to
update the full city charter. He also urged Council to make decisions using judgment
and not emotions and, in doing so, add the redistricting issue to the special election.
ENSEY MOVED. AND ADKISON SECONDED TO DIRECT STAFF TO CRAFT A
RESOLUTION AND TO HAVE COUNCIL ADDRESS THE RESOLUTION IN THE
JANUARY 4, 2011 COUNCIL MEETING. The motion carried by a unanimous roll call
vote.
25. Adjournment
ENSEY MOVED AND ADKISON SECONDED TO ADJOURN. The motion carried by
unanimous voice vote. The meeting adjourned at 4:04 p.m.
READ AND CERTIFIED ACCURATE BY
ATTEST:
CITY CLERK
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COUNCIL MEMBER DATE
COUNCIL MEMBER DATE
MICAH CAWLEY, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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