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Home My WebLink About02/01/2011 Business Meeting • 428 YAKIMA CITY COUNCIL BUSINESS MEETING FEBRUARY 1, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. – EXECUTIVE SESSION 1. Roll CaII Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Rick Ensey, Dave Ettl and Bill Lover Absent: Council Member Edler (excused) 2. Executive Session • To evaluate the qualifications of an applicant for public employment • Prospective litigation Executive session was held and adjourned at 5:44 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, Rick Ensey, Dave Ettl and Bill Lover Staff: Acting City Manager Morales, City Attorney Cutter and City Clerk Kloster Absent: Council Member Dave Edler (excused) 2. Invocation /Pledge of Allegiance Mayor Cawley gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations B. Presentations /recognitions /introductions Washington A cociation of Public Records Officer: — deferred to February 15, 2011 meeting 2. Presentation from Yakima Valley Landlords Association regarding 2011 Crime Free Training Conference Bill McLaughlin, representing the Yakima Valley Landlords Association, spoke about their offer to send YPD Officer Rich Fowler to the 2011 Crime Free Training Conference in San Diego and presented the City with a $1,500 check to cover his expenses. C. Status reports on prior meeting's citizen service requests • Response to Deanna Pemberton regarding miscellaneous questions D. Appointments to Boards, Commissions and Council Committees - None .429 FEBRUARY 1, 2011` 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. Items 8A and 8B were added and Item number 18 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED AND ENSEY SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Edler absent. (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 — None B. Consideration of approval of Council Committee Meeting Minutes *1. Gang Free Initiative Steering Committee — January 6, 2011 *2. City /County Intergovernmental Committee — January 11, 2011 *3. North First Street Committee — January 13, 2011 *4. Council Public Safety Committee — January 19, 2011 *5. Council Legislative Committee — January 19, 2011 6. Council Rules and Procedures Committee — January 12, 2011 • Recommendation from Committee regarding Council meeting invocation Candie Turner, 7800 West Mead, spoke about the invocation issue. Although . she is for the separation of church and state, she feels the Council has the right to pray at public meetings. The Rules and Procedures committee recommends continuing the invocation but to have a defensible policy in place. Council Member Etti noted that the Alliance Defense Fund has agreed to provide the City with materials that have been used successfully in other communities. ENSEY MOVED AND ETTL SECONDED TO DIRECT STAFF TO TAKE THE ALLIANCE DEFENSE FUND POLICY REGARDING OPEN INVOCATION FOR ELECTED OFFICIALS, FILL IN YAKIMA'S NAME, AND PUT IT IN THE NEXT MEETING'S PACKET FOR REVIEW. The motion carried by unanimous roll call vote; Edler absent. The Council Committee Meeting Minutes were approved. 5. Audience Participation Gary Forrest, •a member of the Barge Chestnut Neighborhood Association (BCNA) Executive Board and Historic Preservation Committee, updated Council on their quest for design review guidelines. With a better understanding of the City's historic preservation ordinance and the Historic Commissions bylaws, they are now prepared to move forward under the standards and guidelines that were adopted in August 2005. Mike Hunnel shared a packet of information he received from the City of Shoreline regarding ADA regulations. He spoke about unsafe curb cuts for the disabled in Yakima and claimed acts of discrimination by City employees. 2 430 FEBRUARY 1, 2011 7:00 P.M. — PUBLIC HEARINGS 6. Public Hearing to consider the City of Yakima Planning Commission's recommendations for amendments to the Environmental Policy Ordinance Assistant Planner Joseph Calhoun reviewed the Planning Commission's recommendations and answered questions from Council. An open record public hearing was held on November 10, 2010. • Mayor Cawley opened the public hearing and with no one coming forward to speak, closed it. 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; Edler absent. ORDINANCE NO. 2011 -07, AN ORDINANCE relating to the regulation of Environmental Policy, Chapter 6.88, Title 6 of the City of Yakima Municipal Code. 7. Public Hearing to consider the City of Yakima Planning Commission's recommendations for amendments to the subdivision ordinance Assistant Planner Joseph Calhoun reviewed the Planning Commission's recommendations and answered questions from Council. An open record public hearing was held on November 10, 2010. • Mayor Cawley opened the public hearing and with no one coming forward to speak, closed it. The City Clerk read the resolution by title; ENSEY MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Edler absent. ORDINANCE NO. 2011 -08, AN ORDINANCE relating to the regulation of land subdivision in the City of Yakima, Title 14 of the City of Yakima Municipal Code. CITY MANAGER'S REPORTS *8. Consideration of Resolutions authorizing 2011 -2012 Collective Bargaining Agreements with: A. Teamsters Yakima Supervisors RESOLUTION NO. R- 2011 -22, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2011 - 2012 with the Teamsters Local #760 representing the Yakima Public Works Supervisors Unit. 3 431 FEBRUARY 1, 2011 B. Teamsters Public Works Division Managers RESOLUTION NO. R- 2011 -23, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2011 - 2012 with the Teamsters Local #760 representing the Yakima Public Works Division Managers Unit. *9. Consideration of a Resolution acknowledging receipt of a citizen petition to amend the City Charter regarding electoral districts and referring a ballot proposition to the County Auditor for placement on the ballot for the primary election on August 16, 2011 RESOLUTION NO. R- 2011 -24, A RESOLUTION of the City Council of the City of Yakima, Washington acknowledging submission of citizen petition to amend the Charter of the City of Yakima by a Proposition on whether Article I I of the Charter of the City of Yakima should be amended to abandon and abolish the current districting for election of council members, consisting of four districts and three at large positions, and to adopt districting for election of council members consisting of seven districts; providing for temporary districting commission; providing that each council member shall be elected by the electorate of his or her respective district; providing that each council member elected from such district may serve a maximum of ten consecutive years, and that for the 2011 election only, council members elected from even - numbered districts shall be elected for a two year term, with subsequent terms being four year terms; making ancillary and corrective amendments within Article II of the Charter; authorizing ballot . title; and requesting the Yakima County Auditor to submit the Proposition to the voters on the regular municipal election to be held August 16, 2011. *10. Consideration of a Resolution authorizing execution of a two -year Tolling Agreement relating to the 1976 Four -Party Agreement for wastewater treatment and disposal service RESOLUTION NO. R- 2011 -25, A RESOLUTION relating to the 1976 "Agreement for Wastewater Treatment and Disposal Service ", otherwise referred to as the "4 -Party Agreement "; approving a two -year Tolling Agreement that will preserve the status quo of said "4 -Party Agreement" for the purpose of allowing the parties thereto to meet and discuss any amendments or revisions they may deem to be in the best interests of the parties served; and establishing the terms by which said discussions and negotiations may proceed while maintaining the past and present operation of the "4 -Party Agreement" throughout the tolling period. *11. Report and recommendation from the City Council Legislative Committee to adopt 2011 Federal Priorities The report was accepted. 4 432 FEBRUARY 1, 2011 *12. Consideration of a Resolution authorizing execution of'a license agreement with Yakima Valley Sports Commission for the "Hot -Shots 3 -on -3 basketball tournament RESOLUTION NO. R- 2011 -26, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a nonexclusive License Agreement between the City of Yakima and the Yakima Valley Sports Commission, a non - profit corporation, for the "Hot -Shots 3 -on -3 Basketball Tournament." *13. Consideration of a Resolution approving the Barge- Chestnut Neighborhood Traffic Calming Plan Phase 1 RESOLUTION NO. R- 2011 -27, A RESOLUTION approving the Barge- Chestnut Neighborhood Traffic Calming Plan Phase 1 and authorizing the City of Yakima Public Works Department to implement the identified traffic calming measures in conjunction with Phase 1 of the YVMH development agreement. *14. Consideration of a Resolution authorizing a Sole Source purchase of required factory field service for the maintenance of Turblex Blowers at the Yakima Wastewater Treatment Plant RESOLUTION NO. R- 2011 -28, A RESOLUTION authorizing the City Manager to purchase the factory field services from Siemens to perform required routine maintenance for the Turblex blowers at the Yakima Wastewater Treatment Plant, and further directing the City Manager to execute all appropriate and necessary documents to complete the purchase and transaction. *15. Consideration of a Resolution authorizing execution of an agreement with the Yakima Valley Umpires Association (YVUA) for officiating services for the Parks and Recreation softball program RESOLUTION NO. R- 2011 -29, A RESOLUTION authorizing and directing the City Manager to execute an agreement with the Yakima Valley Umpires Association to obtain softball officiating services for the City of Yakima's organized softball program. *16. Consideration of a Resolution authorizing an agreement with the Yakima Valley Basketball Officials Association (YVBOA) for officiating services RESOLUTION NO. R- 2011 -30, A RESOLUTION authorizing and directing the City Manager to execute a professional services agreement with the Yakima Valley Basketball Officials Association for the purpose of obtaining officiating services for the organized basketball program of the City of Yakima. *17. Consideration of a Resolution authorizing execution of agreements with instructors, officials and referees needed for various Parks and Recreation Division programs RESOLUTION NO. R- 2011 -31, A RESOLUTION authorizing and directing the Parks and Recreations Division Manager of the City of Yakima to execute Personal Services Agreements during 2011 that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services for the Parks Division. 5 433 FEBRUARY 1, 2011 18. Consideration of a Resolution authorizing execution of a renewal agreement with the Committee for Downtown Yakima for maintenance, management and safety ambassador services in the Downtown Yakima Public Improvement District Chris Waarvick, Director of Public Works, clarified that this is a renewal of our current operating agreement with the Committee for Downtown Yakima (CDY) for ambassador and maintenance services. The partner agreement for the public parking lots is not a part of it. Council Member Lover had questions regarding long -term parking revenues and funding from the General Fund. Cindy Epperson, Deputy Director of Accounting and Budgeting, clarified that none of the funds will come from the General Fund but rather long -term parking revenues in the downtown central business district capital fund will be used. LOVER-MOVED AND ENSEY SECONDED TO REPLACE THE WORDS GENERAL FUND WITH LONG TERM PARKING REVENUES. The motion carried by unanimous roll call vote; Edler absent. • The City Clerk read the resolution by title; COFFEY MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote.; Edler absent. RESOLUTION NO. R- 2011 -32, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a renewal of the "CDY Agreement for Professional and Ambassador Services for the City of Yakima" to provide maintenance, management and safety ambassador services in the Downtown Yakima Public Improvement District (DYBID). 19. Other Business Council Member Ensey complimented Rich Fowler on the work he is doing with the crime free rental program and suggested that any overrun of his expenses at the training conference above the estimated $1,500 be covered by the City. Mayor Cawley said he has received some suggestions on the need for education and better signage at the City parking lots regarding the two -hour free parking allowance. It was suggested that the City's sign division prepare explanatory signs that clarify the process. Council Member Ettl said he recently spent time with Mr. Hunnel visiting sites that he claimed were non - compliant with code regulations. He agreed there were some areas that potentially need to be reviewed for compliance. He went on record saying that Mr. Hunnel undercuts his own credibility with presentations that are hard to understand and are derogatory to staff but that there are some points that need to be reviewed for compliance. LOVER MOVED AND ENSEY SECONDED TO WITHDRAW THE OFFER OF INTERIM CITY MANAGER TO DAVID MERCIER AND PAY PROTHMAN'S EXPENSES TO DATE. The motion carried by unanimous roll call vote; Edler absent. Following a recess, Council Member Lover again raised the subject of the Interim City Manager with the intent to be perfectly clear as to what his motion meant. He went on to say his intent is to withdraw the contract offer to Mr. Mercier for interim city manager services and pay the expenses to Prothman for his services to date but not terminate 6 434 FEBRUARY 1, 2011 his contract. It was the consensus of Council that the motion was that the contract with Prothman will remain in tact and Mr. Mercier's tentative offer will be withdrawn. Mayor Cawley noted that he, Council Member Ettl, Acting City Manager Morales, County Commissioner Elliott and Brad Hill (Dunollie Enterprises) would be traveling to Washington, DC next week to meet with congressional staff and other federal agencies on federal legislative priorities. Acting City Manager Morales said that while he is in Washington, DC, City Attorney Cutter would be acting City Manager. 20. Adjournment COFFEY MOVED AND ENSEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote; Edler absent. Assistant Mayor Coffey advised she would not be able to attend the February 15, 2011 Council meeting. The meeting adjourned at 7:13 p.m. READ AND CERTIFIED ACCURATE BY UNCIL MEMBE DATE 7/ 6 E (;/' £ILME MBER ATTEST: CA,144/ CITY CLERK MICAH CAWLEY, MAY Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 7