HomeMy WebLinkAbout09/06/2011 05A Draft Minutes 08-02-2011 Business Meeting--fsA
YAKIMA CITY COUNCIL
AUGUST 2, 2011
COUNCIL CHAMBERS, YAKIMA CITY HALL
2:00 P.M. — BUSINESS MEETING
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: Interim City Manager Morales, 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
C. Status reports on prior meeting's citizen service requests - None
D. Appointments to Boards, Commissions and Council Committees
• Downtown Parking Commission
O COFFEY MOVED AND EDLER SECONDED TO APPOINT JAMES WILLIAMS
TO THE DOWNTOWN PARKING COMMITTEE. The motion carried by
unanimous voice vote.
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 4B was added to the consent agenda. The City Clerk read the Consent Agenda
items, including resolutions by title. COFFEY MOVED AND ENSEY 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
• Business Meetings — June 7, June 21, July 5 and July 19, 2011
• Special Meeting — July 12, 2011
• Adjourned Meeting — July 25, 2011
The minutes of the June 7, 21 and July 5, 12, 19 and 25 Adjourned, Special and
Business meetings 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
• Public Safety Committee —July 20, 2011
�� ➢ Public Safety Committee Report on Safe Streets Task Force
The Council committee minutes were approved. 0
5. Audience Participation
Robert Owen advised he is against raising any taxes for street maintenance.
Walt Ranta, President of the Barge Chestnut Neighborhood Association, thanked
Council for their recent vote to support historic preservation.
Bill Duerr expressed his deep concerns about recent and ongoing gang violence in
Yakima and the need for more emphasis on suppression. He believes that revenue
could be generated for the police department by enforcing laws against cell phone
usage while driving. Additionally, he thinks implementing red -light cameras could also
create necessary funding.
3:00 P.M. — PUBLIC HEARINGS
6. Final public hearing and consideration of a Resolution to:
A. Amend the 2011 CDBG Annual Action Plan to include $1,800,000 of Section
108 loan funding for economic development
B. Authorize the City Manager to execute and submit an application for funding
from the Section 108 Loan Guarantee Program of the United States
Department of Housing and Urban Development to capitalize the Economic
Development Loan Fund
Neighborhood Development Services Manager Archie Matthews reviewed the final draft
of the Section 108 Loan Program application, prior to submittal to HUD, and the
amendment to the 2011 CDBG Annual Action Plan.
Mayor Cawley open and closed the public hearing as no one came forward to speak
EDLER MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The
motion carried by unanimous roll call vote.
RESOLUTION NO. R- 2011 -122, A RESOLUTION 1) Amending the 2011 CDBG Annual
Action Plan to include $1,800,000 of Section 108 loan funding for Economic
Development; and 2) Authorizing the City Manager to execute and submit an application
for funding from the Section 108 Loan Guarantee Program of the United States'
Department of Housing and Urban Development (HUD) to capitalize the Economic
Development Loan Fund.
7. First public hearing to consider amendments to the 2011 Annual Action Plan
regarding the reduction of CDBG and HOME program funding (final public hearing
is scheduled for August 16, 2011)
Neighborhood Development Services Manager Archie Matthews explained the
amendment, requested by HUD, to the City's 2011 Annual Action Plan. The final public
hearing will be held on August 16, 2011.
Mayor Cawley opened and closed the public hearing as no one came forward to speak.
2
i�CITY MANAGER REPORTS
8. Report on Gang Free Initiative Community Profile
Police Lt. Mike Merryman and Gang Free Coordinator Steve Magallan reviewed the
Community Profile repor[ that details information on social, environmental and economic
influences on youth gang behaviors. This document will be an important asset in
helping the City to obtain federal funding.
9. Report on a gang injunction and consideration of a possible draft ordinance
relating to trespass from City parks
Senior Assistant City Attorney Cynthia Martinez introduced legal intern Jake Day who
explained his research regarding a gang injunction and the possible difficulties of
implementation in Yakima. He presented an option to trespass people from city parks
for committing crimes or infractions in the parks. Mr. Day confirmed that no other legal
battles have been noted at this time. Ms. Martinez added she wants to include an appeal
process to meet the requirements of due process. Further discussion took place
reiterating the importance of this draft ordinance as a tool for police to use for our city
parks and pathways. Citizens Glenda Harris, Robbie Byrne and Robert Owen
commented on the injunction and draft trespass ordinance. Al Brown from the
Greenway Foundation would like to see the Greenway paths and parkways included in
this draft ordinance.
EDLER MOVED AND COFFEY SECONDED TO DIRECT LEGAL STAFF TO
f� PREPEARE AN ORDINANCE TO TRESPASS PEOPLE FROM CITY PARKS FOR
COMMITTING CRIMES OR INFRACTIONS IN THE PARKS AND PRESENT IT TO
THE COUNCIL IN THE FUTURE. The motion carried by unanimous roll call vote.
10. Taxicab license denial appeal hearing requested by Mary K. O'Brien
Senior Assistant City Attorney Kunkler advised this item was being deferred to explore
other options with Ms. O'Brien.
*11. Consideration of a Resolution authorizing and approving 2nd Quarter 2011 claims
activity
RESOLUTION NO. R- 2011 -123, A RESOLUTION accepting and approving the 2nd
Quarter 2011 Claims Reports for the City of Yakima.
*12.. Consideration of a Resolution authorizing execution of Professional Services
Agreement (Addendum No. 2) with Huibregtse, Louman Associates, Inc. to
provide services for the Industrial Waste Collection System
RESOLUTION NO. R -2011 -124, A RESOLUTION authorizing and directing the
City Manager and City Clerk of the City of Yakima to execute a Professional
Services Agreement with Huibregtse Louman Associates, Inc. in an amount not to
exceed $75,000 to provide Engineering Services for extension of the City of
(� Yakima's Industrial Waste line.
3
*13. Consideration of Resolutions authorizing execution of 2011 Collective Bargaining
Agreements with IAFF Local 469:
A. Firefighters
RESOLUTION NO. R- 2011 -125, A RESOLUTION authorizing the City Manager to
execute a collective bargaining agreement between the City of Yakima and the
international Association of Firefighters (IAFF) Local. 469 Firefighters. Unit (Firefighter
through Captain) for wages, hours, and working conditions for 2011; and authorizing the
City Manager to execute amendments to the collective bargaining agreement to clarify
contract language, maintain compliance with the law, and make other minor
adjustments.
B. Battalion Chiefs
RESOLUTION NO. R- 2011 -126, A RESOLUTION authorizing the City Manager tc
execute a collective bargaining agreement between the City of Yakima and the
International Association of Firefighters (IAFF) Local 469 Battalion Chiefs unit for wages,
hours, and working conditions for 2011; and authorizing the City Manager to execute
amendments to the collective bargaining agreement to clarify contract language,
maintain compliance with the law, and make other minor adjustments.
*14. Final Contract Payment for Ken Leingang Excavating for Upper Kiwanis Park
Phase 2 Project (Standard Motion V -B — accept the project and approve the final
payment)
The report from the City Engineer, dated June 1, 2011, with respect to the completion of
the work on the Upper Kiwanis Park Phase 2, performed by Ken Leingang Excavating
was approved, the work accepted and payment of the final estimates as therein set forth
was authorized.
*15. Final Contract Payment for Columbia Asphalt & Gravel, Inc —South 16th Avenue
Grind and Overlay Project (Standard Motion V -B — accept the project and approve
the final payment)
The report from the City Engineer, dated July 12, 2011, with respect to the completion of
the work on the S. 16th Avenue Grind and Overlay, performed Columbia Asphalt, and
Gravel, Inc. was approved, the work accepted and payment of the final estimates as
therein set forth was authorized.
16. Other Business
• Update on City Manager appointment and contract
Council reviewed the draft provisions for Mr. Cooper's contract.
Base Salary
EDLER MOVED AND ENSEY SECONDED TO OFFER MR. COOPER $155,000
ANNUALLY. Motion carried by 5 -2 roll call vote; Cawley and Coffey voting no.
EDLER MOVED AND ENSEY SECONDED TO LET THIS BE STEP B OF THE
NEW FORMULA THAT IS TO BE CREATED WITH APPROPRIATE STEPS
AND PRESENTED TO THE COUNCIL AT A FUTURE DATE. The motion
carried by unanimous voice vote.
0
Vehicle Allowance
EDLER MOVED AND ENSEY SECONDED TO STAY WITH THE CURRENT
CITY ORDINANCE OF $300 A MONTH FOR A VEHICLE ALLOWANCE.
The motion carried by unanimous roll call vote.
Council Member Adkison noted she does not understand the rationale 'of
providing the City Manager with a vehicle allowance. Senior Assistant City
Attorney Helen Harvey confirmed most cities provide a vehicle allowance for this
position. Further discussion took place questioning whether mileage
reimbursement is in addition to the allowance. The City's current Ordinance is
silent on this issue.
Cell Phone Allowance
ENSEY MOVED AND EDLER SECONDED TO ISSUE MR. COOPER A CITY
ISSUED CELL PHONE FOR CITYBUSINESS. The motion carried by
unanimous voice vote.
Membership in Professional Associations
EDLER MOVED AND ADKISON SECONDED TO APPROVE MEMBERSHIP IN
INTERNATIONAL CITY MANAGERS ASSOCIATION; GOVERNMENT
FINANCE OFFICERS ASSOCIATION; AND WASHINGTON CITY MANAGERS
ASSOCIATION. The motion carried by a unanimous voice vote.
I�Vacation and Sick Leave
Council members discussed yearly accruals for sick leave and vacation. The
vacation accrual time Mr. Cooper is requesting would require a modification to
the current ordinance. Adkison inquired whether the ordinance would affect all
employees. Ms. Harvey advised it could be written specifically to the city
manager position.
ENSEY MOVED AND EDLER SECONDED TO ALLOW THREE WEEKS
ACCRUAL OF VACATION TIME ANNUALLYAND SICK LEAVE ACCRUAL
PER CITY POLICY. The motion carried by a 4 -3 roll call vote; Adkison, Cawley
and Coffey voting no.
Assistant Mayor Coffey referred to an e-mail that was sent to the Council by a
citizen of Port St. Lucie, Florida concerning Mr. Cooper's involvement in a City
Center project that resulted in foreclosure. She asked if any Council members
were concerned with this issue; only Council Member Adkison voiced concern.
Several Council members agreed it was appropriate to question Mr. Cooper
about the matter.
Health Insurance
Mr. Cooper indicated he prefers to opt out of the City's health care plan and have
the monthly amount the City currently contributes included in his salary to pay for
his non - cancellable insurance coverage from his prior city manager position.
Deputy Director of Finance Cindy Epperson informed the Council that the City is
5
a self- insured plan and requires every employee to be part of the plan. Previous r
employees have been denied this option in the past. i
LOVER MOVED AND ENSEY SECONDED TO APPROVE MANDATORY
PARTICIPATION IN THE CITY'S SELF - INSURED HEALTH PLAN. The motion
carried by unanimous roll call vote.
Retirement
ENSEY MOVED AND EDLER SECONDED TO ALLOW MR. COOPER TO
REMAIN IN THE ICMA RETIREMENT PLAN AND OFFER HIM THE SAME
BENEFIT AS THE PREVIOUS MANAGER. The motion carried by a unanimous
voice vote.
Severance Package
Ensey clarified that the severance package should include with or without cause
language.
ENSEY MOVED AND EDLER SECONDED TO APPROVE A SIX -MONTH
SEVERANCE PACKAGE IF TERMINATED WITHOUT CAUSE AND IF
TERMINATED WITH CAUSE, NO SEVERANCE PACKAGE. The motion
carried by unanimous roll call vote.
Relocation Expenses
The current city code authorizes reimbursement although no amount is specified
and receipts are required.
CAWLEY MOVED AND ENSEY SECONDED TO APPROVE RELOCATION
EXPENSES (DOCUMENTED BYRECEIPTS) NOT TO EXCEED $10,000. The
motion carried by unanimous roll call vote.
A contract will be presented to Council for review and consideration on August
16, 2011.
Council Member Edler requested dedicated time to discuss universal (mandatory)
recycling for Yakima as he feels volunteer recycling is not working.
EDLER MOVED AND ADKISON SECONDED TO WORK WITH THE CITY
MANAGER'S OFFICE STAFF TO SCHEDULE A FUTURE DATE TO DISCUSS THIS
ISSUE. The motion carried by a 6 -1 roll call vote; Ettl voting no.
Acting Community and Economic Development Director Joan Davenport referred to the
amended 2011 City Council district map distributed to Council at this meeting. She
stated the error in the map that affected District 2 and District 3 has been corrected.
This error did not affect ballots issued by the Yakima County Auditor's office for the
primary election.
17. Adjournment
ENSEY MOVED AND COFFEY SECONDED TO ADJOURN TO THE AUGUST 16,
2011 BUSINESS MEETING AT 6:00 P.M. The motion carried by unanimous voice vote.
9
(0
t•
READ AND CERTIFIED ACCURATE BY
COUNCIL MEMBER DATE
COUNCIL MEMBER DAT=E
ATTEST:
CITY CLERK MICAH CAWLEY, MAYOR
Minutes prepared by Jodi Stephens. A CD and DVD of this meeting are available in the City Clerk's Office
7