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HomeMy WebLinkAbout08/02/2011 Business Meeting 55 YAKIMA CITY COUNCIL AUGUST 2, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 2:00 P.M. — BUSINESS MEETING 1. Roll CaII 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 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. 56 AUGUST 2, 2011 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. The City Clerk read the resolution by title. 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 ; : 57 AUGUST 2011 • CITY MANAGER REPORTS 8. Report on Gang Free Initiative Community Profile Police Lt. Mike Merryman and Gang Free Coordinator Steve Magellan reviewed the Community Profile report 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 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 2 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 • 5,8. AUGUST 2, 2011 *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 to 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 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 16 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. 16 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. 4 AUGUST 2, 2011 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. 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 CITY BUSINESS. 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. 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 ANNUALLY AND 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. 5 60 • AUGUST 2, 2011 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 a self- insured plan and requires every employee to be part of the plan. Previous employees have been denied this option in the past. 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 APPROVEA 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 BY RECEIPTS) 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. 6 , t, 61.. AUGUST 2, 2011 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. READ AND CERTIFIED ACCURATE BY VC1-37' f0 - —AI L COUNCIL MEMB R DATE OUNCIL MEMBER DATE ATTEST: 4 ' \ '`1 � ___Agrt-62-ko Iik , 1 ....I ,F • 1 1 i CITY CLER x = 1- MICAH CA MAYOR yy' a4` e Minutes prepared by Jodi •`fie N'• _I l i and DVD of this meeting are available in the - City Clerk's Office. 1 ``" • 1 7 .