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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
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❑ 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
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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.
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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.
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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%
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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.
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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.
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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
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