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01/10/2012 00 Action Minutes ACTION ON YAKIMA CITY COUNCIL January 10, 2012 Council Chambers - City Hall 6:00 PM BUSINESS MEETING 1. Roll Call Present: Council: Maureen Adkison, Sara Bristol, Micah Cawley, Kathy Coffey, Rick Ensey, Dave EttI and Bill Lover Staff: Interim City Manager Morales, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Council Member Cawley led the Pledge of Allegiance. 3. Newly Elected Process A. Administration of Oath of Office to Elected Council Members Kathy Coffey, Maureen Adkison, Rick Ensey and Sara Bristol B. Nomination of Meeting Chair ACTION: Motion carried to nominate Council Member Cawley as the meeting chair. VOTE: Unanimous C. Election of Mayor ACTION: Motion carried to elect Council Member Cawley as the Mayor. VOTE: Unanimous D. Election of Assistant Mayor ACTION: Motion carried to elect Council Member Adkison as Assistant Mayor. VOTE: Unanimous 4. Open Discussions for the Good of the Order A. Proclamations i. Martin Luther King, Jr. Week Assistant Mayor Adkison read the proclamation; Reverend Trimble accepted it. ACTION: Motion carried to have the City fund the Martin Luther King Jr. ribbons. VOTE: Unanimous ii. National School Board Recognition Month Mayor Cawley read the proclamation; Yakima School Board Members John Vornbrock and Walt Ranta accepted it. They advised there is a proposition for a Yakima School District replacement maintenance and operation levy on the February 14 ballot. B. Presentations / recognitions /introductions - -none C. Status reports on prior meeting's citizen service requests - -none D. Appointments to Boards, Commissions and Council Committees i. Council assignments to Boards, Commissions and Council Committees. There was Council consensus to postpone assignments to boards, commissions and committees until the upcoming council retreat. 5. Consent Agenda Council members removed Items B -i, F and G from the consent agenda. ACTION: Motion carried to adopt the Consent Agenda as read. VOTE: Unanimous A. Consideration of approval of City Council Meeting Minutes i. Adjourned meeting /public hearing- November 29, 2011 C. Resolution authorizing an agreement with Yakima School District No. 7- YV TECH to allow the use of the Yakima Fire Departments training facility to provide educational services for Fire Fighter Cadet training. ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -01 D. Resolution authorizing an amendment to an Interlocal Agreement between the City of Yakima and the City of Toppenish for Prisoner Housing. ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -02 E. Resolution ratifying and approving the City Manager's execution of a grant agreement between the City of Yakima and the Washington State Office of Public Defense accepting the terms and conditions for the receipt of a 2012 grant. ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -03 H. A Resolution Authorizing a Professional Services Agreement with Rosemary Bonsen, R. N., to Provide Geriatric Foot Care Services at the Harman Center during 2012 ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -04 I. Resolution authorizing Geriatric Foot Care Agreement with Melanie Marvel. R.N., to provide foot care services at the Harman Center for 2012 ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -05 J. Resolution authorizing agreement with the Yakima Valley Umpires Association (YVUA) for officiating services for the Parks and Recreation Softball Program ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -06 K. Resolution authorizing agreements with Instructors, Officials and Referees needed for various Parks and Recreation Division Programs during 2012 ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -07 L. Resolution authorizing an agreement with the Yakima Valley Basketball Officials Association (YVBOA) for Officiating Services during the 2012 Basketball Season ACTION: Resolution was adopted. RESOLUTION NO. R- 2012 -08 6. Audience Participation Nancy Kenmotsu invited Council and citizens to a celebration of Yakima's Maple Street incinerator next Tuesday at 10 a.m. at Kiwanis Park at Fair Avenue and Maple Street to honor its listing on the register for Historic Places. Mark Peterson requested the Council to investigate and respond to his complaint about a recent burglary that occurred at his business. The Interim City Manager will review the incident with police department and dispatch personnel and report back to the Council at a future meeting. Bill Duerr had concerns about confidential information that he believed was leaked from a Council executive session regarding former City Manager Cooper's resignation from the City. (ITEMS REMOVED FROM THE CONSENT AGENDA) B. Consideration of approval of Council Committee Meeting Minutes i. November 17, 2011 Transportation and Utilities Committee report Council Member Lover voiced concerns about the Airporter, a private shuttle business, being treated unfairly by Yakima Transit's new route to Ellensburg. Public Works Director Waarvick addressed his concerns and explained the process involved with the selection of the provider, Hopesource. The UTC is holding a hearing on this subject and Council Member Lover will wait until the conclusion of that hearing to discuss this issue further. ACTION: Motion carried to approve the Committee minutes. VOTE: Unanimous F. Resolution authorizing the City Manager to consent to a settlement entered into by insurance company St. Paul Fire and Marine Insurance Company ( "Travelers ") to resolve and settle the lawsuit brought by Reynaldo Garza. Council Member Bristol advised she did not have enough information regarding this issue to approve the Resolution and would vote against it. Bob Tenney, counsel for the City regarding this lawsuit, explained the extensive process used regarding the settlement by the insurance company. ACTION: Motion carried to adopt the Resolution. VOTE: 6 -1, Bristol voting no RESOLUTION NO. R- 2012 -09 G. Resolution ratifying the City Manager's execution of Amendment 2 to City of Yakima's Agreement for Professional and Ambassador Services Council Member EttI had questions regarding the funding for the Committee for Downtown Yakima (CDY) to continue to provide maintenance and administrative services in the downtown. ACTION: Motion carried to adopt the Resolution. VOTE: Unanimous RESOLUTION NO. R- 2012 -10 CITY MANAGER REPORTS 7. Resolution setting a public hearing on February 7, 2012 regarding creation of a Transportation Benefit District, comprising the corporate limits of the City, to fund and complete the projects listed in the City's 5 -Year Failed Arterials Repair Program, Public Works Director Waarvick advised Council the purpose of the hearing is to establish the Transportation Benefit District (TBD); the funding will be discussed at a later date. ACTION: Motion carried to set the date for a public hearing on February 7, 2012. VOTE: 4 -3, Bristol, Ensey and Lover voting no. RESOLUTION NO. R- 2012 -11 ORDINANCES 8. Ordinance establishing the Downtown Yakima Business Improvement District Advisory Board as a new Board, as required by the Ordinance that recently re- established the Downtown Yakima Business Improvement District City Attorney Cutter briefed the Council on the proposed Ordinance, which they discussed at length. ACTION: Motion carried to amend the Ordinance to serve notice in the assessed district for those interested to apply to the City's Citizen Boards / Commissions /Committees Nominating Committee to be part of the election group consisting of five people that would be selected by that committee, brought to the Council and then that group would conduct the election so it is in the hands of the assessed individuals every step of the way. VOTE: 5 -2, Ensey and Lover voting no. ACTION: Motion carried to amend the amended motion that it be within a 4 -week period to accept applications and get it on the agenda for the second meeting in February. VOTE: 5 -2, Lover and Ensey voting no. ACTION: Motion carried to pass the original ordinance as amended. VOTE: 5 -2, Ensey and EttI voting no. ORDINANCE NO. 2012-01 9. Other Business Council Member Lover indicated he still wants to discuss Ordinance 2011 -58 regarding the Downtown Yakima Business Improvement District. Interim City Manager Morales asked if Council was interested in attending the AWC Legislative Conference on January 25 and 26. Council members will check their schedules for availability. Council Member Ensey asked if a retreat date has been scheduled and if we are working on an agenda. Mayor Cawley responded we are working with staff on a date and an agenda. 10. Adjournment to Executive Session — 7:45 p.m. ACTION: Motion carried to adjourn to Executive Session for up to one hour regarding Collective Bargaining and to Review the Qualifications and Performance of a Public Employee. VOTE: Unanimous Reconvened to Regular Session -- 8:35 p.m. ACTION: Motion failed to contact the last search firm (Baenziger & Associates) we used and have him start the search process for a new city manager: VOTE: 4 -3, Bristol, Coffey, Cawley and Adkison voting no. Adjournment — 8:38 p.m. ACTION: Motion carried to adjourn. VOTE: Unanimous