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HomeMy WebLinkAbout06/07/2011 00 Action Minutes ACTION ON YAKIMA CITY COUNCIL JUNE 7, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 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 2. Executive Session (allow 1 hour) • Pending and prospective litigation • To evaluate the qualifications of an applicant for public employment Executive Session was held and adjourned at 5:55 p.m. • 6:00 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. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations — None B. Presentations /recognitions /introductions — None B. Status reports on prior meeting's citizen service requests — None C. Appointments to Boards, Commissions and Council Committees — None 4. Consent Agenda ACTION: Item numbers 10 and 12 were added; a motion carried to adopt the consent agenda as read. VOTE: Unanimous *A. Consideration of approval of City Council Meeting Minutes • Business Meeting -- May 3, 2011 ACTION: May 3, 2011 Business Meeting minutes were approved. B. Consideration of approval of Council Committee Meeting Minutes *1. Intergovernmental Committee — May 10, 2011 2. Budget Committee — May 25, 2011 A. 2012 Budget planning B. Consideration of Committee recommendations for 2012 budget process City Manager Zais advised that staff will be looking for Council guidance regarding labor negotiations for 2012 and development of the 2012 budget. He reviewed the revenue projections for 2011 and 2012. ACTION: Council Committee meeting minutes were approved. 5. Audience Participation Tony Courcy complained about City code enforcement actions regarding his second- hand store on North 16 Avenue. City Attorney Cutter advised that Mr. Courcy's code issue is scheduled for a'future meeting with the Community Review Board. Candie Turner spoke in support of Wesley Methodist Church's recycling center. She would like to see an increase in fines for people who abuse the private recycling centers with garbage and non - recyclables. 7:00 P.M. — PUBLIC HEARINGS 6. Public meeting and consideration of a Resolution approving the final plat for Washington Heights Phase 2 Supervising Planner Bruce Benson reviewed the final plat details. Mayor Cawley opened and closed the public meeting as no one came forward to speak. ACTION: Motion carried to adopt the Resolution. VOTE: Unanimous RESOLUTION NO. R- 2011 -76 7. Public hearing to consider: A. Adopting of the Six -year Transportation Improvement Program for the years 2012- 2017 and to amend the Metropolitan Transportation Plan; and B. Amending the Yakima Urban Area Comprehensive Plan Capital Facilities Element City Engineer Doug Mayo advised this is the first of two required public hearings; the second public hearing is on June 21. He briefly reviewed the listed projects. Mayor Cawley opened and closed the public hearing as no one came forward to speak. 8. Public Hearing to consider disestablishment of the 2008 Downtown Yakima Business Improvement District City Attorney Cutter explained that the current DYBID established in 2008 will sunset on September 8, 2011, and is required to be disestablished by ordinance. Mayor Cawley opened the public hearing. Jamie Stickel, Chairman of the Committee for Downtown Yakima (CDY), said efforts are being made to establish a new business district in the downtown area. He gave examples of CDY responsibilities that would be eliminated if a new business district is not formed. Mayor Cawley closed the public hearing. ACTION: Motion carried to direct staff to prepare the appropriate legislation. VOTE: Unanimous CITY MANAGER'S REPORTS 2 9. Consideration of a Resolution requiring contractors and vendors for general services contracts over $2,500, Public Works contracts over $5,000, and the City itself to enroll and participate in the federal E- Verify employment eligibility system Those who spoke in opposition to adopting the E- verify system in Yakima were: Mateo Arteaga; Nestor Hernandez; Luz Bazan Gutierrez; Toby Guevin; Angelina Sanchez; Gonzalo Guillen; David Kearby; Maria Morfin; Rogelio Montes; Aniceto Ibanez; Martin Chacon; Ana Guzman; Higinio Coronel; Paula Zambrano; Lynne Kittelson; Nick Marquez Those who spoke in favor of adopting the E- verify system in Yakima were: Kirk Groenig and Mr. Dimon ACTION: Motion carried to adopt the Resolution. VOTE: 4 -3, Coffey, Edler and Adkison voting no RESOLUTION NO. R- 2011 -77 *10. Consideration of a Resolution authorizing execution of an agreement with Yakima School District No. 7 for the donation of $500,000 for the Upper Kiwanis Park Development Project ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -78 11. Consideration of a Motion to read the Notice provided by the PERC Compliance Officer in Case 21562 -U -08 -5494 into the record Assistant City Attorney Helen Harvey gave background information on this issue. ACTION: Motion carried to have the City Clerk read the notice into the record, which she did. VOTE: Unanimous Following the reading, City Manager Zais stated that he takes this matter very seriously, sincerely regrets the Unfair Labor Practice and will comply with the recommendations to the best of his ability. He added the City will take steps to insure this sort of practice does not occur again. Helen Harvey advised that the legal counsel who represented the City has submitted a letter that is part of the record, which sets forth the steps the City has already taken to comply with the order. *12. Consideration of a Resolution authorizing execution of Supplements for continued construction oversight on the Yakima Railroad Grade Separations Phase 2- Lincoln Avenue project: A. Supplement No. 8 of the Professional Services Agreement with Berger /Abam Engineers, Inc. ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -79 B. Supplement No. 1 of the Professional Services Agreement with Cascade Project Management ACTION: Resolution adopted. RESOLUTION NO. R- 2011 -80 13. Status Report regarding modification to the Historic Preservation Ordinance 3 • Acting Assistant City Manager Morales reviewed the report. Mayor Cawley, Assistant Mayor Coffey and Council Member Ensey will review outstanding concerns before legal staff prepares an ordinance for consideration by the full Council. *14. Consideration of Finance Department 1 quarter reports: A. Revenues and expenditures B. Central accounts receivables C. Treasury report ACTION: Reports were accepted. *15. Consideration of final contract payment for South 64 Avenue sanitary sewer extension ACTION: Council authorized Standard Motion V -B — to accept the project and approve the final payment. *16. Consideration of a Resolution authorizing execution of a two -year extension to the professional services agreement with Wells Fargo Insurance Services USA, Inc. ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -81 *17. Consideration of a Resolution authorizing execution of an interlocal agreement with Yakima County for streetscape improvements ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -82 *18. Consideration of a Resolution authorizing execution of an intergovernmental cooperative purchasing agreement with Chemeketa Community College for goods and services ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -83 *19. Consideration of a Resolution adopting Yakima Transit's Transit Development Plan for 2011 -2016 and annual report for 2010 ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -84 *20. Consideration of a Resolution authorizing execution of a contract for paratransit eligibility services ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -85 *21. Consideration of a Resolution authorizing execution of Supplement No. 2 of the professional services agreement with Conley Engineering, Inc. for upgrading the existing lighting features in several city buildings ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -86 *22. Consideration of a Resolution authorizing execution of a senior nutrition agreement with People for People for Daybreak program participants at the Harman Center ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -87 *23. Consideration of a Resolution authorizing the Harman Center Site Use Agreement with People for People to provide food service operations for participants at the Harman Center ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -88 *24. Consideration of a Resolution approving an amendment to the 2011 Annual Action Plan to clarify the policy on recaptured funds concerning the HOME ownership programs ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -89 4 *25. Consideration of a Resolution declaring an emergency to allow for the repair of a section of the water transmission main and to supply the unincorporated area of Gleed with water ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -90 *26. Consideration of a Resolution setting a public hearing for June 21, 2011 to consider declaration of surplus of one -acre parcel in West Valley Park adjacent to West Valley Middle School ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -91 *27. Set date of open record public hearing for June 21, 2011 for the City of Yakima Maple Street incinerator nomination to the Yakima Register of Historic Places ACTION: Public hearing date was set for June 21, 2011 *28. Set date of closed record public hearing for June 21, 2011 to consider the Yakima Planning Commission's recommendation on a rezone requested by Lars and Amber Hanson ACTION: Public hearing date was set for June 21, 2011 ORDINANCES *29. Consideration of an Ordinance decreasing the maximum jail penalty for gross misdemeanor crimes and amending the City of Yakima Municipal Code ACTION: Ordinance was passed. ORDINANCE NO. 2011 -23 *30. Consideration of an Ordinance amending the Classification and Compensation Plan for certain City employees and amending subsections of the City of Yakima Municipal Code ACTION: Ordinance was passed. ORDINANCE NO. 2011 -24 31. Other Business *A. Set date of public hearing for June 21, 2011 to consider a Law Enforcement Grant Application with the Department of Justice and to authorize a corresponding interlocal agreement with Yakima County ACTION: Public hearing date was set for June 21, 2011 B. Update on City Manager search process Mayor Cawley distributed supplemental questions that City Manager Dick Zais had prepared for Council consideration to use as an additional screening tool for the finalists for the City Manager position. Mr. Baenziger will be in Yakima on July 5 to discuss qualifications. It was the consensus of the Council that each member submit a name from the community to serve on a panel to provide interview observations about the candidates. ACTION: Motion carried to request Yakima County to begin providing legal counsel to the Yakima Airport Board, since the City's legal department has been serving since 2005. VOTE: Unanimous Council Member Ettl advised that funds to hire a GFI coordinator, after Steve Magellan's contract ends in September, are not available. He asked the Council, Budget Committee to consider including the GFI coordinator's position in the budget and. requested the City 5 Manager and staff to provide recommendations on how to fund a person this summer to overlap with Mr. Magailan before his termination date. 32. Adjournment — 9:08 p.m. ACTION: Motion carried to adjourn to June 14, 2011 at 9:00 a.m. in the Council Chambers for a Study Session regarding a study for wastewater and stormwater rates for 2012. VOTE: Unanimous • 6 •