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HomeMy WebLinkAbout12/06/2011 00 Action Minutes _ � 1 ss.H3T ACTION ON YAKIMA CITY COUNCIL MEETING December 6, 2011 Yakima City Hall -- Council Chambers 5 PM 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. Prospective Litigation and Collective Bargaining (allow one hour). Executive Session was held and adjourned at 5:40 p.m. 6 PM 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 Cooper, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations- -none B. Presentations /recognitions /introductions I. Recognition of retiring City employee Sharon Brown Public Safety Communications Manager Wayne Wantland introduced and recognized Sharon Brown for her 28 years of service to the City of Yakima in the Information Systems Division. City Manager Cooper presented Ms. Brown with a watch. li. Mayor Cawley invited Captain Brian Paul with the USAF Civil Air Patrol to make a presentation. Captain Paul invited the Council and community to an event on Saturday, December 10 at 9 a.m. at Tahoma Cemetery for "Wreaths across America." This event has occurred over the past 20 years and happens simultaneously across the United States at the same time on the same day. C. Status reports on prior meeting's citizen service requests I. Response to Bill Durer re Traffic Calming in Barge Chestnut neighborhood. City Manager Cooper recapped a memorandum responding to Mr. Durer's questions on traffic calming for the Barge Chestnut neighborhood. Mr. Durer, speaking on behalf of the Board of the Barge Chestnut Neighborhood Association, agrees with the response, but would like to make certain the City earmarks all the funding received from Memorial Hospital vacations for future traffic issues relating to the hospital's expansion. ii. Response to Greg Weeding re Fire Department response to medical calls Chief Willson explained firefighters are medical technicians trained in several areas and have many other duties besides fighting fires. They respond to medical calls with the fire trucks in the event a fire should occur while at a call. Therefore, they can go directly to the fire without having to exchange vehicles. D. Appointments to Boards, Commissions and Council Committees I. Yakima City Planning Commission ACTION: Motion carried to appoint Richard Hamlin. VOTE: Unanimous 4. Consent Agenda ACTION: Motion carried to approve the Consent Agenda as read. VOTE: Unanimous A. Consideration of approval of City Council Meeting Minutes I. Adjourned Meeting /Budget Workshop -- November 8, 2011 ii. Ajrurad Meeting /Joint City- County with Department of Corrections -- November 8, 2011 iii. B.a)2ssMeeting -- November 15, 2011 ACTION: Minutes were approved. B. Consideration of approval of Council Committee Meeting Minutes -- None C. City of Yakima - 3rd Quarter 2011 Treasury Report ACTION: Report was accepted. D. Accounts Receivable Status Report - 3rd Quarter 2011 ACTION: Report was accepted. E. Resolution authorizing a Memorandum of Understanding with Yakima Valley Community College to utilize an underground conduit street crossing and pull - boxes on 16th Avenue for fiber optic service to YVCC. ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -171 2 F. Resolution authorizing a Second Extension of the Site Use Contract with the Yakima Police Athletic League ( "YPAL ") for a two -year extension through December 31, 2013 for the operation, management and maintenance by YPAL of the Miller Park Activity Center. ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -172 G. Resolution authorizing an Interfund Loan from Fund 551 - Equipment Rental Fund to Fund 479 - Irrigation System Improvement Fund, to provide cash flow for the irrigation system upgrade project. ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -173 H. Resolution authorizing an Interlocal Agreement between the City of Yakima and the City of Union Gap for Prisoner Housing. ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -174 I. Resolution authorizing an Interlocal Jail Agreement between the City of Yakima and Yakima County. ACTION: Resolution was adopted. RESOLUTION NO. R -2011 -175 J. Resolution authorizing contracts with Gary Cullier as the City of Yakima Hearing Examiner and Patrick Spurgin as the Examiner Pro -Tem. ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -176 K. Resolution authorizing Fuel Tax Grant Distribution Agreement accepting a $2,400,000 grant from the Transportation Improvement Board (TIB) to improve Nob Hill Boulevard from 49th to 64th Avenues. ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -177 L. Resolution authorizing third amendment to the "911 Support Services Agreement." ACTION: Resolution was adopted. RESOLUTION NO. R- 2011 -178 M. First reading of an Ordinance Amending the 2011 Budget in the 170 - Tourist Promotion and 173- Tourism Promotion Area funds to provide for Tourism Promotion activities (no action required at this meeting; second reading on 12/13/11). 5. Audience Participation Candie Turner spoke of her disappointment in the City Manager's decision not to terminate officers Ryan Urlacher and Chad Irwin. She requested the Council to overturn his decision. Mayor Cawley stated the Council makes policy and cannot overturn the City Manager's decision. Doug Lemon agreed with Ms. Turner's comments. He also spoke about City employees being overpaid; City employees not working; and the proposal to raise the utility tax. 3 7 PM PUBLIC HEARINGS 6. Public hearing and consideration of an Ordinance reforming a Parking and Business Improvement Area ( "PBIA ") in the North Front Street area of downtown Yakima and establishing special assessments within such PBIA as provided herein. Assistant City Manager Morales briefed the Council on the North Front Street PBIA. Nancy Rayner, owner of the Opera House, thanked Council and staff for their involvement and encouraged passage of the ordinance. Mayor Cawley opened and closed the public hearing with no one coming forward to speak. ACTION: Motion carried to pass the Ordinance. VOTE: Unanimous. ORDINANCE NO. 2011 -57 7. Public hearing and consideration of an Ordinance establishing the Downtown Yakima Business Improvement District in accord with terms of Council Resolution 2011 -163 for public participation. City Attorney Cutter explained the intent and provisions of the Ordinance to establish a Downtown Yakima Business Improvement District (DYBID). Mayor Cawley opened the public hearing. The following individuals who own property or have an interest in the downtown area spoke regarding the proposed Ordinance: Mark Peterson — H &H Furniture: Oppose Joseph Morrier — JEM Development: Oppose Richard Parker — 5 Avenue Deli: Oppose Julie Schilling representing Teresa Sidlowski — Adamson Properties: Support Roger Wilson — La Chateau (Sun Meadows LLC): Support Tony Sandoval — Al Jumpers: Support Kathi Bonlender — Sub Shop: Support Jose Torrez — K &K Custom Furniture: Support Donald Williams, MD — medical practice: Support John Baule — Taco Bell: Support Verlynn Best — Chamber of Commerce: Support Joe Mann — 8 properties: Support Larry Hull — Larson Building: Support James Stickel — Yakima Herald- Republic: Support Mayor Cawley closed the public hearing. ACTION: Motion failed to amend the Ordinance to add a three -year sunset clause with a 60% business -owner vote to reestablish. VOTE: 4 -3, Edler, Adkison, Cawley and Coffey voting no. ACTION: Motion carried to pass the Ordinance. VOTE: Unanimous. ORDINANCE NO. 2011-58 4 CITY MANAGER REPORTS 8. Consideration of Airport insurance reduction request City Manager Cooper advised Council that the joint operating agreement for the Airport requires the City Council and County Commissioners to agree on requests of this nature. Yakima County, the City's insurance broker and the City Manager do not agree on a reduction in coverage, due to an increase in liability. ACTION: Motion carried to deny the request. VOTE: 6 -1, Edler voting no 9. Council policy decisions required to complete the 2012 Budget City Manager Cooper reviewed the policy issues with Council. Assistant Mayor Coffey asked that a separation between general fund vs. special (dedicated) funds be reflected for each budgeted policy issue. ACTION: Motion carried to accept all the policy issues except the unbudgeted stormwater reserve funds. VOTE: Unanimous 10. Motion directing staff to proceed with necessary actions required to establish a Transportation Benefit District (TBD) for pavement preservation. City Manager Cooper reviewed the information that was provided to the Council in the packet. He advised the TBD would go through the required process next year and if approved, construction would begin in 2013. ACTION: Motion carried to forward the necessary legislation to get the TBD underway. VOTE: 5 -2, Ensey and Lover voting no. ORDINANCES 11. Ordinance to increase "in lieu" utility tax rates for water, wastewater and refuse utilities by six percent per year, and to establish an annual six percent "in lieu" utility tax on stormwater assessments City Manager Cooper reviewed the proposed budget cuts and shortfall in revenues. He explained that if the Council passed the ordinance, they would need to decide how the funds would be spent in the General Government budget. If the Ordinance is not passed, based on previous council action, the budget will go forward with the City Manager's cuts, supplemental and Priority of Government model. The following individuals spoke regarding the proposed increase in utility tax rates: Bill Duerr — Support Lynn Harden — Oppose Bob Haak -- Oppose Carol Thorn — Support • Verlynn Best — Support Mayor Cawley introduced his budget proposal that, if the ordinance increasing the utility tax by 6% passed, the funds would be used to: hire 10 police officers (patrol only); restore the legal assistant and reserve a portion of the funds for the 2012/2013 budget. Council discussed both proposals at length. 5 ACTION: Motion failed to raise the utility tax 5% to hire 10 patrol officers, restore the legal assistant and apply the rest of the funds to reserves. VOTE: 4 -3, Lover, Adkison, Edler and Coffey voting no. ACTION: Motion failed to amend the ordinance to take it to the public for a vote. VOTE: 4- 3, Adkison, Cawley, Coffey and Edler voting no. ACTION: Motion carried to approve the Ordinance. VOTE: 5 -2, Ettl and Lover voting no. ORDINANCE NO. 2011 -59 12. Other Business Mayor Cawley asked the City Manager to provide an update on the community assessment process to hire a Police Chief. City Manager Cooper stated the community assessment center will be compose of three council members, community members, representatives from the Police Department including rank and file and command staff, and it will be facilitated by a professional assessor. The panel will examine 10 semi finalists that will be recommended by the Mercer Group who will then recommend 3 -5 finalists. At that time the full council will be engaged as part of the interview process. The finalists will interact with the Police Department during the day and evening shifts. By Council consensus, Mayor Cawley and Council Members Lover and EttI will serve on the assessment panel. All Council members will recommend individuals for the citizen's panel. 13. Adjournment — 9:36 p.m. ACTION: Motion carried to adjourn to the next Council business meeting on December 13, 2011 at 2:00 p.m. VOTE: Unanimous 6