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03/06/2012 04A Draft Minutes 01-10-2012 Business MeetingYAKIMA CITY COUNCIL January 10, 2012 Council Chambers -- City Hall 6 PM Business Meeting -- Executive Session following Business Meeting regarding Collective Bargaining and to Review the Qualifications and Performance of a Public Employee ®� Beck S Print BUSINESS MEETING 1. Roll Call Present: Council: Micah Cawley, presiding, Council Members Kathy Coffey, Maureen Adkison, Sara Bristol, Rick Ensey, Dave Ettl 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. City Clerk Kloster administered the Oath of Office to Elected Council Members Kathy Coffey, Maureen Adkison, Rick Ensey and Sara Bristol. B. Nomination of Meeting Chair Micah Cawley was nominated as meeting chair. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Approved. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover. C. Election of Mayor Micah Cawley was nominated as Mayor. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Kathy Coffey. Approved. 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl , Lover. D. Election of Assistant Mayor Maureen Adkison was nominated as Assistant Mayor. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Approved. 7 -0. Council Members voting Aye:Adkison , Bristol, Cawley, Coffey, Ensey, . Ettl , Lover. 4. Open Discussions for the Good of the Order Page 1 of 6 A. Proclamations Martin Luther King, Jr. Week Assistant Mayor Adkison read the proclamation. Reverend Trimble accepted the proclamation and thanked Council for the long -term relationship they have developed. Council Member Lover moved to fund the Martin Luther King Jr. march ribbons. Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Kathy Coffey. Approved. 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl , Lover. 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. It was Council consensus to postpone the boards /committees discussion /appointments to the upcoming Council retreat. 5. 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. The following Items were removed from consent and are now listed under City Manager's Reports: *Consideration of approval of Council Committee Meeting Minutes November 17, 2011 Transportation and Utilities Committee report *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. *Resolution ratifying the City Manager's execution of Amendment 2 to City of Yakima's Agreement for Professional and Ambassador Services. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion- - see motion directly below.) Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey. Approved. 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey , Ettl , Lover . A. Consideration of approval of City Council Meeting Minutes Adjourned meeting /public hearing -- November 29, 2011 The minutes of the November 29, 2011 Adjourned meeting /public hearing were approved, Page 2 of 6 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 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. RESOLUTION NO. R- 2012 -01, A RESOLUTION authorizing the City Manager's execution of an agreement between the City of Yakima and 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. D. Resolution authorizing an amendment to an Interlocal Agreement between the City of Yakima and the City of Toppenish for Prisoner Housing. RESOLUTION NO. R- 2012.02, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Amendment to an Interlocal Jail Agreement with the City of Toppenish, Washington for the provision of jail services. 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. RESOLUTION NO. R- 2012.03, A 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. F. A Resolution Authorizing a Professional Services Agreement with Rosemary Bonsen, R. N., to Provide Geriatric Foot Care Services at the Harman Center during 2012 RESOLUTION NO. R- 2012 -04, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Geriatric Foot Care Services Agreement" with Rosemary Bonsen, R.N., to provide foot care services at the Harman Center. G. Resolution authorizing Geriatric Foot Care Agreement with Melanie Marvel, R.N , to provide foot care services at the Harman Center for 2012 RESOLUTION NO. R- 2012 -05, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Geriatric Foot Care Services Agreement" with Melanie Marvel, R.N., to provide foot care services at the Harman Center for 2012. H. Resolution authorizing agreement with the Yakima Valley Umpires Association (YVUA) for officiating services for the Parks and Recreation Softball Program RESOLUTION NO. R- 2012 -06, A RESOLUTION authorizing and directing the City Manager to execute 2012 Agreement between the City of Yakima and the Yakima Valley Umpires Association for the purpose of obtaining officiating services for the City of Yakima's organized softball program. 1. Resolution authorizing agreements with Instructors, Officials and Referees needed for various Parks and Recreation Division Programs during 2012 RESOLUTION NO. R- 2012 -07, A RESOLUTION authorizing and directing the Parks and Recreations Division Manager of the City of Yakima to execute Personal Services Agreements during 2012 that are substantially in accord with the attached "Personal Services Agreement" in order to obtain specialized services for the Parks Division. J. Resolution authorizing an agreement with the Yakima Valley Basketball Officials Association (YVBOA) for Officiating Services during the 2012 Basketball Season RESOLUTION NO. R- 2012 -08, A RESOLUTION authorizing and directing the City Manager to Page 3 of 6 execute the 2012 Agreement between the City of Yakima and the Yakima Valley Basketball Officials Association for the purpose of obtaining officiating services for the organized basketball program of the City of Yakima. 6. Audience Participation Nancy Kenmotsu, 101 N. 48th Avenue #66, 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,1191 Mapleway Road, 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, 3206 W. Yakima Avenue, 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. CITY MANAGER'S REPORTS 7. November 17, 2011 Transportation and Utilities Committee report Item was removed from consent. 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 Washington Utilities and Transportation Commission is holding a hearing on this subject and Council Member Lover will wait until the conclusion of that hearing to discuss this issue further. Motion: Approve , Moved by Council Member Bill Lover, Seconded by Council Member Kathy Coffey. Approved. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey, , Ettl , Lover. 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. Item was removed from consent. 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. The City Clerk read the resolution by title. RESOLUTION R- 2012 -09, A RESOLUTION authorizing the City Manager of the City of Yakima 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. Motion: Approve , Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Bill Lover. Adopted. 6 -1. Council Members voting Aye: Adkison, Cawley, Coffey', Ensey, , Ettl , Lover. Council Members voting Nay: Bristol . 9. Resolution ratifying the City Manager's execution of Amendment 2 to CDY's Agreement for Professional and Ambassador Services Item was removed from consent. Page 4 of 6 Council Member Ettl had questions regarding the funding for the Committee for Downtown Yakima (CDY) to continue to provide maintenance and administrative services in the downtown. The City Clerk read the resolution by title RESOLUTION R- 2012 -10, A RESOLUTION ratifying the City Manager's execution of Amendment No. 2 to CDY Agreement for Professional and Ambassador Services for the City of Yakima, Washington (Agreement), City Contract Number 2011 -23 to maintain CDY's downtown services for the time period necessary to recruit and place under contract a longer term provider of these same services. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Adopted. 7 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ensey, , Ettl , Lover. 10. 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. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -11, A RESOLUTION setting the time and place for hearing on February 7, 2012 at 7:00 PM in the City of Yakima Council Chambers to hear from the public on the 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. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Adopted. 4 -3. Council Members voting Aye: Adkison, Cawley, Coffey, Ettl. Council Members voting Nay: Bristol, Ensey, , Lover. ORDINANCES 11. 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. Motion was made to amend the Ordinance to serve notice in the assessed district for those interested in applying 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. The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -01, AN ORDINANCE concerning Administration, establishing a new Chapter in the Yakima Municipal Code providing for the formation of a Downtown Yakima Business Improvement District Advisory Board and defining the membership, authority, obligations and responsibilities of said Board; and adding Chapter 1.33 to the Yakima Municipal Code. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Sara Bristol. Passed. 5 -2. Council Members voting Aye: Adkison, Bristol , Cawley, Coffey, Ettl . Council Members voting Nay: Ensey, , Lover. An amendment was made to the amended motion that it be within a 4 -week period to accept applications and place it on the agenda for the second meeting in February. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Passed. 5 -2. Council Members voting Aye: Adkison, Bristol , Cawley, Coffey, Ettl . Page 5 of 6 Council Members voting Nay: Ensey, Lover. 12. 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. EXECUTIVE SESSION: Adjourned to Executive Session at 7:45 p.m. for up to one hour to discuss Collective Bargaining and to Review the Qualifications and Performance of a Public Employee. Executive Session adjourned at 8:32 p.m. Reconvened at 8:35 to Regular Session *Motion was made to contact the last search firm (Baenziger & Associates) we used and have him start the search process for a new city manager. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Failed. 3 -4. Council Members voting Aye: Ensey, Ettl , Lover. Council Members voting Nay: Adkison , Bristol , Cawley, Coffey. 13. Adjournment Moved to adjourn -- meeting adjourned at 8:40 PM. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Approved. 7 -0. Council Members voting Aye: Adkison , Bristol, Cawley, Coffey, Ensey, Ettl , Lover. The next Council Business meeting will be January 17, 2012 at 6 p.m in the Yakima City Hall Council Chambers. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 6 of 6