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01/17/2012 04ai Draft Minutes 12-06-2011 Business MeetingITEM TITLE: SUBMITTED BY: CONTACT PERSON /TELEPHONE: SUMMARY EXPLANATION: � tl n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ya For Meeting of- January 17, 2012 Business Meeting -- December 6, 2011 Resolution Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: J mod' City Manager STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ 12 -6 minutes YAKIMA CITY COUNCIL BUSINESS MEETING DECEMBER 6, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — 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. Executive Session • Prospective Litigation • Collective Bargaining Executive Session was held and adjourned at 5:40 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, 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. City Manager Cooper presented Ms. Brown with a City watch. ii. 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 is an event they have held for the last 20 years and happens simultaneously across the United States. The event is dedicated to living, deceased, active and inactive service men and women who have served this country. December 6, 2011 C. Status reports on prior meeting's citizen service requests i. Response to Bill Duerr regarding Traffic Calming in Barge Chestnut neighborhood. City Manager Cooper recapped a memorandum responding to Mr. Duerr's questions on traffic calming for the Barge Chestnut neighborhood. Mr. Cooper recommends waiting one year to allow traffic patterns to be established. Mr. Duerr stated he was speaking on behalf of the Board of the Barge Chestnut Neighborhood Association and explained the Association agrees with the City Manager's decision. However, they would like to make certain the City earmarks the funding received from the Memorial Hospital vacations for completing Phase I and II of the traffic calming plan for the area and future traffic issues relating to expansion of Memorial Hospital. He understands the compensation was $127,050 and only 50% had to be used for streets; however, knowing the economic situation, the Association would like the entire amount earmarked. ii. Response to Greg Weedin regarding Fire Department response to medical calls. Chief Willson explained this question is asked frequently. He indicated the firefighters are medical technicians trained in several areas including: hazardous material incident responders, confined space rescue, swift water rescue and perform many duties in addition to fighting fires. Firefighters respond to medical calls with the fire trucks in the event of a fire while at a call, in which case they can respond directly from that location. Council Member Ettl asked if there is extra pay involved for those services. Chief Willson noted there is a small stipend, as the firefighters obtain off -duty training and have special functions, similar to the Police Department's SWAT team. D. Appointments to Boards, Commissions and Council Committees i. Yakima City Planning Commission COFFEY MOVED AND ENSEY SECONDED TO APPOINT RICHARD HAMLIN TO FILL THE TERM OF CRAIG RATH ON THE YAKIMA CITY PLANNING COMMISSION. 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. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED AND ADKISON SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. A. Consideration of approval of City Council Meeting Minutes i. Adjourned Meeting /Budget Workshop -- November 8, 2011 ii. Adjourned Meeting /Joint City- County with Department of Corrections -- November 8, 2011 iii. Business Meeting -- November 15, 2011 The minutes of the November 8, 2011 Adjourned Budget Workshop and Joint City /County meeting with Department of Corrections, and the November 15, 2011 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 -- None C. City of Yakima - 3rd Quarter 2011 Treasury Report 2 December 6, 2011 The report was accepted. D. Accounts Receivable Status Report - 3rd Quarter 2011 The 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. RESOLUTION NO. R- 2011 -171, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding (MOU) between the City of Yakima and Yakima Valley Community College (YVCC) allowing YVCC to utilize a City -owned underground conduit crossing & pull -boxes located on the east and west sides of 16tH Avenue for providing fiber optic service to the YVCC campus. 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. RESOLUTION NO. R- 2011 -172, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a two -year extension of the Site Use Contract between the City of Yakima and the Yakima Police Athletic League for the operation, management, and maintenance by YPAL of the Miller Park Activities Center. 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. RESOLUTION NO. R =2011 -173, A RESOLUTION authorizing an Interfund Loan from the 551 - Equipment Rental Fund to the 479 Irrigation System Improvement Fund. H. Resolution authorizing an Interlocal Agreement between the City of Yakima and the City of Union Gap for Prisoner Housing. RESOLUTION NO. R- 2011 -174, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Union Gap to allow the City of Yakima to house prisoners of the City of Union Gap at the Yakima City Jail. I. Resolution authorizing an Interlocal Jail Agreement between the City of Yakima and Yakima County. RESOLUTION NO. R- 2011 -175, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with Yakima County, Washington for the provision of jail services. J. Resolution authorizing contracts with Gary Cullier as the City of Yakima Hearing Examiner and Patrick Spurgin as the Examiner Pro -Tem. RESOLUTION NO. R- 2011 -176, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a Hearing Examiner's Professional Service Contract Renewal for Gary Cullier and a Hearing Examiner Pro -Tem Professional Service Contract Renewal for Pat Spurgin in order to continue these necessary professional services on behalf of the City. 3 December 6, 2011 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. RESOLUTION NO. R- 2011 -177, A RESOLUTION authorizing the Mayor to execute the Fuel Tax Grant Distribution Agreement accepting a $2,400,000 grant from the Transportation Improvement Board (TIB) to improve Nob Hill Boulevard from 49th Avenue to 64th Avenue. L. Resolution authorizing third amendment to the "911 Support Services Agreement." RESOLUTION NO. R- 2011 -178, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Third Amendment to the "911 Support Services Agreement" with Yakima County for the provision of 911 services that extends the term of the Agreement to December 31, 2012 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 12113/11). FIRST READING OF AN ORDINANCE amending the 2011 budget for the City of Yakima; and making appropriations of $15,000 in Fund 170 — Tourist Promotion Fund and $25,000 in Fund 173 — Tourism Promotion Area Fund for expenditure during 2011 to provide for tourism promotion activities. The Ordinance was read by title only, and laid on the table until December 13, 2011 for a second reading. 5. Audience Participation Candie Turner, 7800 W. Mead Avenue, spoke about her disappointment in the City Manager's decision not to terminate Police Officers Urlacher and Irwin. She requested the Council overturn his decision. City Manager Cooper indicated he does not typically discuss personnel issues; however, he indicated Interim Police Chief Copeland did concur with his decision, the employees were salvageable, and there was confusion over city policies; therefore, they were not terminated. Mayor Cawley stated the Council is an executive branch and cannot overturn the City Manager's decision. Doug Lemon, 206 N. 6th Avenue, stated he would like to second Ms. Turner's comments and reiterated he is against new taxes. He also complained again about city employees. 7:00 P.M. — 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. 4 December 6, 2011 The City Clerk read the ordinance by title only; EDLER MOVED AND COFFEY SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2011 -57, AN ORDINANCE of the City of Yakima, Washington, reforming a parking and business improvement area in the North Front Street area of downtown Yakima, and establishing special assessments for certain uses and projects within such parking and business improvement area as provided herein. 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 – 5th 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. Council Member Edler stated the City made a significant investment in the downtown. He appreciates the work of the Mayor and Council Member Ettl who spent extra time reviewing alternatives, and was not surprised with this recommendation. Council Member Lover would like to see a sunset clause added as he believes it is the only accountability feature. Council Member Ensey believes there are two problems —the size needs to be reduced and a sunset clause added. He also wondered if it should be brought up at the beginning of the year with the new Council member. Council Member Ettl suggested adding a sunset clause and after the first year, they could disband it instead of waiting three years. The City Clerk read the ordinance by title only; EDLER MOVED AND ADKISON SECONDED TO PASS THE ORDINANCE. LOVER MOVED AND ENSEY SECONDED TO AMEND THE ORDINANCE TO ADD A 3 -YEAR SUNSET CLAUSE WITH A 60% 5 December 6, 2011 BUSINESS -OWNER VOTE TO REESTABLISH. The motion to amend failed by a 4 -3 roll call vote; Adkison, Cawley, Coffey and Edler voting no. The original motion to pass the Ordinance carried by unanimous roll call vote. ORDINANCE NO. 2011 -58, AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area; establishing a Downtown Yakima Business Improvement District in the downtown area of the City of Yakima pursuant to Chapter 35.87A RCW and establishing special assessments for certain uses and projects within such Downtown Yakima Business Improvement District, as provided herein CITY MANAGER'S REPORTS 8. Consideration of Airport insurance reduction request City Manager Cooper outlined the Airport's request to reduce the insurance coverage on buildings at the airport in an attempt to reduce operation costs. The Airport is under a joint operating agreement, which requires the City and County to agree on certain actions. Yakima County has not agreed to the reduction in coverage, and the City's insurance broker does not agree either. He stated he concurs with the City's insurance broker; however, this needs action by the City Council. Council Member Edler reported as liaison to the Airport, the Airport does have recommendations from Wells Fargo and Conover insurance companies that this is a viable way for them to balance the budget. The Airport believes the joint operating agreement suggests the City and County should provide an infusion of $250,000 for their budget. City Manager Cooper noted the County is putting together an interlocal agreement regarding a proposed bridge loan of $25,000 to the Airport. Council Member Ettl noted that doesn't include money the Airport already owes the City. ETTL MOVED AND ADKISION SECONDED TO DENY THE REQUEST. The motion carried by a 6 -1 roll call vote; Edler voting no. 9. Council policy decisions required to complete the 2012 Budget City Manager Cooper reviewed the policy decisions with Council. Assistant Mayor Coffey noted on the budgeted policy issues that are dedicated funds, it would be helpful if the budget clearly noted in the comments they are dedicated funds rather than general sales tax. ENSEY MOVED AND COFFEY SECONDED TO ACCEPT ALL POLICY ISSUES EXCEPT THE UNBUDGETED ONE. The motion carried by a unanimous roll call vote. 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 if approved, and construction would begin in 2013. Mayor Cawley noted this would not enact car tab fees now, just begin the process. Council Member Ensey liked the sunset provision; however, he would prefer to have input from the newer Council member and feels this needs to be voted on by the public. December 6, 2011 EDLER MOVED ADKISON SECONDED TO PREPARE LEGISLATION NECESSARY TO GO FORWARD WITH THE TBD. The motion carried by a 5 -2 roll call vote, 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 stated pursuant to Council's motion, they have prepared an ordinance to implement a 6% utility tax. The increase will raise approximately $2 million per year if approved by Council. He has made recommendations on how those funds will be spent. If Council does not approve it, based upon previous actions of the Council, the budget will go forward pursuant to the Priority of Government (POG) model and supplemental budget previously approved by Council. Mayor Cawley reported the last time Council raised the utility tax was in 1994. Bill Duerr, Carol Thorn and Verlynn Best spoke in support of an increase in utility rates. Lynn Harden and Bob Haak spoke against an increase in utility rates. Mayor Cawley introduced his budget proposal. 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 Member Edler noted the Mayor's proposal concerns him, as it is a radical shift from the POG model and encourages certain unions to use arbitration for increased compensation. Mayor Cawley believes public safety is a priority for the community. He reported the largest union has already agreed to a wage freeze for 2012. He doesn't think raising taxes and dedicating revenue is going to give unions a reason to negotiate higher compensation. Assistant Mayor Coffey stated the City Manager's budget proposal, other than reserve revenues and restoring positions to the City Manager's office, would use only $225,000 for services other than public safety. The Public Records Officer answers legal questions and deals with public safety issues, and she believes the majority of funds are going toward public safety, which is what the community wants. She feels they need to approve a 6% utility tax because 41 positions have been cut since 2008. Now 21 more positions are currently approved in the budget to be eliminated. Since 2009, the police union compensation is the only place they have seen marked increases. In 2009, the police union received a 4.75% increase; a 3.25% increase in 2010; and a 3.5% increase in 2011. In 2009, the fire union received a 4.5% increase; no increase in 2010; and a 3% reduction in 2011. General management employees have not had a pay increase in 3 years; 2 years were frozen and one year with a 2% reduction via furlough. If this doesn't go through, we have 6 police positions that will not be filled in the future, and we aren't meeting the western states average as far as how many police we should have per our population. We are 32 officers short of how many should be on the streets. The comment has been made that we continually spend more money every year; however, the truth is since 2009, we have lowered our expenditures by $3.5 million. 7 December 6, 2011 Council Member Ettl noted if they pass the utility tax as proposed and adopt the City Manager's suggestions and incorporate Assistant Mayor Coffey's suggestion, he feels they are reestablishing the status quo. This does not increase the ability to do business, just hold the line. He believes the Mayor's plan to not only reinstate but raise the number to 10 officers and outfit them gives us significant resources above and beyond what we had for second half of this year. City Manager Cooper advised they will not be able to hire the officers immediately as there is a process as well as obtaining the equipment. Council Member Lover feels the cost of government has gone up and does not want to be held hostage by 6 police positions, regardless of the POG. He was asked during campaign forums about raising taxes, and his answer is not to impose a tax without a vote of the public. Mayor Cawley indicated like the .3% tax, that pool of money is dedicated to public safety positions. His proposal still includes the majority of cuts the City Manager outlined in his last proposal. Assistant Mayor Coffey feels there are more issues in public safety then just 10 police officers. City Manager Cooper reminded Council when he first presented the budget in October he did not recommend cutting the six officer positions and would not argue against additional police officers. Mayor Cawley asked the City Manager which proposal he would support. City Manager Cooper stated it was not his decision to make. Mayor Cawley asked Interim Police Chief Copeland about the ability to hire 10 police officers. Copeland noted it would possibly take 6 months or more. There is difficulty placing officers in the police academy and once hired, it takes a full year to go through the academy. He noted hiring laterals is faster and saves money but you have to be careful, as you may sometimes hire other cities' problems. Assistant Mayor Coffey feels this is the worst kind of legislation. They hired a professional City Manager, and their job is to adopt policy from professionals. Council Member Ensey stated he is going to vote yes to reserve his ability to bring this up in January when there may be four votes in favor of overturning it. ETTL MOVED AND CAWLEY SECONDED TO RAISE THE UTILITY TAX 5 %, HIRE 10 PATROL OFFICERS, RESTORE THE LEGAL POSITION, AND APPLY THE REMAINING FUNDS TO RESERVES. The motion failed by a 4 -3 roll call vote, Adkison, Edler, Coffey and Lover voting no. The City Clerk read the ordinance by title only; EDLER MOVED AND ADKISON SECONDED TO PASS THE ORDINANCE. LOVER MOVED AND ETTL SECONDED TO AMEND THE ORDINANCE TO TAKE IT TO THE PUBLIC FOR A VOTE. The motion to amend failed by a 4 -3 roll call vote, Cawley, Coffey, Edler and Adkison voting no. The original motion to pass the ordinance carried by a 5 -2 roll call vote, Lover and Ettl voting no. ORDINANCE NO. 2011 -59, AN ORDINANCE regarding "in lieu" utility tax revenue; increasing the "in lieu" utility tax rates for water, wastewater and refuse and adding an "in lieu" utility tax assessment for stormwater assessments in the amount of six percent per annum per utility; and amending Chapter 7.64 and Sections 4.16.180 and 5.50.060 of the Yakima Municipal Code. w December 6, 2011 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 composed 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 Ettl will serve on the assessment panel. All Council members will recommend individuals for the citizen's panel. 13. Adjournment EDLER MOVED AND COFFEY SECONDED TO ADJOURN TO THE NEXT COUNCIL BUSINESS MEETING ON DECEMBER 13, 2011 AT 2:00 P.M. The motion carried by unanimous voice vote. The meeting adjourned at 9:36 p.m. READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MICAH CAWLEY, MAYOR Minutes prepared by Sonya Claar Tee. A CD and DVD of this meeting are available in the City Clerk's Office Ir7