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Home My WebLink About12/14/2010 Business Meeting 401 - A YAKIMA CITY COUNCIL 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. 402 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 8 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, A RESOLUTION 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. 2 403 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. • *15. 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 2.20.116(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). 3 404 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. 4 405 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 theft 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 2.20.11OG 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 2.20.110A and 2.20.11OG 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 5 406 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 COU CIL MEMB R DATE COU CIL MEMBER DA E ATTEST: ,• i• 0. 1 'A _4 1 , 4,4 CITY CLERK MICAH CAWL Y, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 6