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05/15/2012 04Ai Draft Minutes 02-21-2012 Business MeetingYAKIMA CITY COUNCIL February 21, 2012 Council Chambers - -City Hall 4:30'PM Executive Session; 6 PM Business Meeting t� + Back JM4 Print I1*014011 fivi 46-1*19101 PI 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Absent: Assistant Mayor Maureen Adkison 2. Executive Session regarding prospective litigation, property acquisition, collective bargaining and to evaluate the qualifications of an applicant for public employment Executive Session was held and adjourned at 5:30 p.m. BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Absent: Assistant Mayor Maureen Adkison 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 Discussions for the Good of the Order A. Proclamations None B. Presentations /recognitions /introductions i.. Recognition of retiring City Clerk Debbie Kloster Mayor Cawley read a proclamation of appreciation for retiring City Clerk Debbie Kloster. Interim City Manager Michael Morales presented Ms. Kloster with a retirement watch. ii. Update on Yakima Gang Free Initiative by Lt. Merryman Page 1 of 7 Lt. Mike Merryman briefed Council on an update of the Gang Free Initiative (GFI) and Community Action Plan, which is complete and serves as a blueprint for the GFI and Yakima to use short and long -term goals are developed for anti -gang strategies. This is based on the OJJDP Comprehensive Gang Model, which is a national gang model and built on best practices for the community and has been formally adopted by the GFI Advisory group. The cornerstone of the plan is the Youth and Family Development Center. The next step is to hire a Gang Free Coordinator. Gang Free Initiative Consultant Steve Magallan discussed the Strategic Action Plan. They are looking at broad system level type changes and the Youth and Family Development Center provides that opportunity for the City to help push its agenda with regards to positive youth development. This isn't a new concept but has been proven effective around the country. Council Member Lover indicated he has read many of these strategies and many of them do not work. He would like evidence -based results and not strategies. C. Status reports on prior meeting's citizen service requests Report from Interim Chief Copeland regarding the status of hiring Police Officers Interim Chief Copeland reviewed the report presented to Council. Response to Candie Turner's Inquiry regarding Delineators at Curb Medians Street and Traffic Manager Joe Rosenlund reported the City has replaced the delineators, which were referenced by Candie Turner. D. Appointments to Boards, Commissions and Council Committees Mayor Cawley noted the Council Nominating Committee met and appointed representatives to the DYBID Elections Committee. Mayor Cawley questioned if people who want to be on the Advisory Committee need to be in good standing for payment on the PBIA. City Attorney Cutter stated they are required to be within the district and assessed; however, the Ordinance did not require the board members to be in good standing. Mayor Cawley believes the people who are being elected should be in good standing. Council Member Ettl noted the Elections Committee may be able to put that parameter in place. Council Member Lover asked about outstanding assessments. Interim City Manager Morales noted the past due accounts would have been sent through a collection process and he could bring that report back to Council. 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 requests from audience members to remove the following items from consent, which will be discussed under City Manager reports. *Ordinance amending YMC 13.16.070 to allow consumption of alcohol during special events at Fisher Park Golf Course *(A). Resolution authorizing execution of a Nonexclusive License Agreement with the Hispanic Chamber of Commerce to host an annual Cinco de Mayo Fiesta.(B). Resolution authorizing temporary street closures for the Hispanic Chamber of Commerce of Yakima County's to host an annual Cinco de Mayo Fiesta. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. The motion carried by unanimous roll call vote. (Items on the Consent Agenda are handled under one motion without further discussion —see motion directly below.) Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Approved. 6 -0. Council Members voting Aye: Bristol , Cawley, Coffey, Ensey , Ettl , Lover. Council Members Absent: Adkison . Page 2 of 7 A. Consideration of approval of City Council Meeting Minutes None B. Consideration of approval of Council Committee Meeting Minutes i. City Council Citizen Boards /Commissions /Committees Nominating Committee Minutes from February 14, 2012 Report was approved. C. Set April 12, 2012 as the date for a public hearing before the hearing examiner regarding Right -Of -Way Vacation of S 15th Avenue between Nob Hill Boulevard and W Prasch Avenue RESOLUTION NO. R- 2012 -26, A RESOLUTION fixing time for public hearing before the Hearing Examiner on April 12, 2012, on a petition to vacate a portion of S 15th Avenue between Nob Hill Boulevard and W Prasch Avenue. D. Final Contract Payment for 16th Avenue & Washington Avenue Intersection Improvements (Standard Motion V -B - Accept the project and approve the final payment) The report from the City Engineer, with respect to the completion of the work on the 16th Avenue and Washington Avenue Intersection Improvements , performed by Granite Construction, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. E. Final Contract Payment for Gardner Well (Standard Motion V -B - Accept the project and approve the final payment) The report from the City Engineer, dated 1/31/12, with respect to the completion of the work on Gardner Well, performed by William Charles West, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. F. Final Contract Payment for M. Sevigny Construction, Inc. - 2nd Avenue Rail Removal & Improvements (Standard Motion V -B - Accept the project and approve the final payment) The report from the City Engineer, dated 2/9/12, with respect to the completion of the work on 2nd Avenue Rail Removal and Improvements, performed by M. Sevigny Construction, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. G. Final Contract Payment for Retention Basin Placement 28th Avenue and Tieton Drive (Standard Motion V -B - Accept the project and approve the final payment) The report from the City Engineer, dated 2/9/12, with respect to the completion of the work on the Retention Basin Placement 28th Avenue and Tieton Drive, performed by Ken Leingang Excavating, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. H. Resolution amending the City's contract with Pharmer Engineering regarding the City's Wastewater Treatment Plant RESOLUTION NO. R- 2012 -27, A RESOLUTION authorizing the City Manager to amend the City's current contract with Pharmer Engineering in the amount not to exceed $84,125 to add Engineering design services for the installation of new mixers in the existing aeration basins at the City's Wastewater Treatment Plant to the existing contract scope. I. Resolution authorizing a 12 -month School Resource Officer Agreement with the Yakima School District for 4 School Resource Officers, to be retroactively applied beginning July 1, 2011 RESOLUTION NO. R- 2012 -28, A RESOLUTION authorizing the City Manager of the City of Page 3 of 7 Yakima to execute an Interlocal School Resource Officer Agreement with Yakima School District No. 7 for the continuation of the school resource officer program during the 2011 -2012 school year, to be retroactively effective starting on July 1, 2011. J. Resolution authorizing an Agreement with Sargent Engineers, Inc., in an amount not to exceed $6,021, for engineering services required to develop a bridge replacement/rehabilitation report for the 18th Street Underpass RESOLUTION NO. R- 2012 -29, A RESOLUTION authorizing a Professional Services Agreement with Sargent Engineers, Inc., in an amount not to exceed $6,021, for engineering services required to develop a bridge rehabilitation /replacement report for the 18th Street Underpass. K. Resolution authorizing City Manager to execute consent to assignment of contract for paratransit (Dial -A -Ride) services, from Medstar Cabulance, Inc. to Medstar, LLC. RESOLUTION NO. R- 2012 -30, A RESOLUTION authorizing the City manager to execute consent to assignment of paratransit service contract from, Medstar Cabulance, Inc. to Medstar, LLC. L. (A.) Resolution authorizing a Nonexclusive License Agreement with Yakima Valley Sports Commission's annual Hot -Shots 3 -on -3 Basketball Tournament. (B.) Resolution authorizing temporary street closures for the Yakima Valley Sports Commission annual Hot -Shots 3 -on -3 Basketball Tournament. RESOLUTION NO. R- 2012 -31, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a nonexclusive license agreement with Yakima Valley Sports Commission, a non - profit corporation, to facilitate continued hosting of an annual 3 -on -3 Basketball Tournament at certain times within the City of Yakima. RESOLUTION NO. R- 2012 -32, A RESOLUTION authorizing temporary closure of portions of East Yakima Avenue between 3rd Street (to the west) and South Naches Avenue (to the east) for the Hot Shots 3 -on -3. Basketball Tournament. 5. Audience Participation *Mark Burton, 1113 N. 6th Avenue, owner and operator of ABC Fire Control in Yakima, is concerned about Council's elimination of the Fire Inspector position. As a businessman in the industry, he questions where the decision came from and doesn't believe Council understands the repercussions of the decision. There is no answer on who will be doing those inspections or how they can be enforced. The City is the "muscle" for what he does, as there is no state authority that inspects businesses or even school districts. He believes this action will greatly affect his insurance rates. He encouraged the City to revisit this issue. For example, the City Code requires a restaurant to be. inspected annually. His company will test the sprinkler system to make sure it is working properly. If it is not working properly, he cannot enforce the owner to repair it, which is a safety hazard. Council Member Coffey noted she didn't feel this issue was vetted very well. Interim City Manager Morales reported the City will still review sprinkler and fire suppression systems. Council Member Ettl questioned if this is a city or state requirement. Mr. Burton noted the City adopted the international fire code and it is not uncommon for cities to charge for fire inspections. Mayor Cawley requested a report from staff on this issue at the next Council meeting. *Walt Ranta, 5 S. 32nd Avenue, requested a report from the Fire Department about department staffing and the rumor on "brown outs." He understands a 3 -man fire crew must wait for a 4th crew member to arrive before they can enter a burning building. Interim City Manager Morales noted they will bring a report back to Council and also include the affects of overtime on the budget. *Doug Lemon, 206 N. 6th Avenue, complained about city employees. Mayor Cawley reiterated Page 4 of 7 when citizens complain they need to provide a car /truck number or a license number in order for the city to investigate. *Luz Gutierrez, 1424 S. 31st Avenue, spoke positively about CDBG and the meetings they are having with loan committees. Additionally, she believes Council should develop a diversity and training plan for potential candidates for the City's boards /committees and she would like to work with the Council on this. CITY MANAGER'S REPORTS 6. Ordinance amending YMC 13.16.070 to allow consumption of alcohol during special events at Fisher Park Golf Course Walt Ranta, 5 S. 32nd Avenue, spoke against the issue and voiced his concerns about people drinking while playing golf and then driving, especially with multiple after- schootactivities at Eisenhower High School. Mayor Cawley noted this is only for special events and not regular play. Parks and Recreation Manager Ken Wilkinson confirmed Mayor Cawley's comments and added various people /fund raising committees have made this request. Council Member Coffey noted she has helped to put on golf tournaments in the past and it is a good way to raise funds for Fisher Park. Mr. Wilkinson noted requirements can be added to obtain the permit. The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -09, AN ORDINANCE relating to Rules and Regulations of Parks and Playgrounds; amending Yakima Municipal Code section 13.16.070, entitled, "Intoxicating liquor regulated," for the purpose of amending the code to include Fisher Park Golf Course. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Passed. 4 -2. Council Members voting Aye: Bristol , Cawley, Coffey, Ettl . Council Members voting Nay: Ensey, , Lover. Council Members Absent: Adkison . 7. (A). Resolution authorizing execution of a Nonexclusive License Agreement with the Hispanic Chamber of Commerce to host an annual Cinco de Mayo Fiesta. (B). Resolution authorizing temporary street closures for the Hispanic Chamber of Commerce of Yakima County's to host an annual Cinco de Mayo Fiesta. Maria Rodriguez, 1005 S. 33rd Avenue, invited their planning committee members in the audience to stand and be recognized and then briefed the Council on the Cinco de Mayo Fiesta event. The City Clerk read the ordinance by title. RESOLUTION NO. R- 2012 -33, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a nonexclusive license agreement with Hispanic Chamber of Commerce of Yakima County, a non - profit corporation, to facilitate continued hosting of an annual Cinco de Mayo Fiesta at certain times within the City of Yakima. RESOLUTION NO. R- 2012 -34, A RESOLUTION authorizing temporary closure of Yakima Avenue between 1 st Street and 3rd Street, 3rd Street between Chestnut and Yakima Avenue, 2nd Street between Chestnut and Yakima Avenue, Chestnut Avenue between 2nd and 4th Streets to facilitate the hosting of the annual Cinco de Mayo Fiesta; for the annual Cinco de Mayo Fiesta Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Kathy Coffey. Adopted. 6 -0. Council Members voting Aye: Bristol , Cawley, Coffey, Ensey, , Ettl , Lover. Council Members Absent: Adkison . 8. Set Date of March 20, 2012 for a Public Hearing regarding the Amended TBD Project List Page 5 of 7 Public Works Director Chris Waarvick briefed the Council on the amended list, which meets a different threshold than the Transportation Benefit District (TBD) approved at the last meeting. Council Member Bristol asked how items find their way to the agenda and how things are moved forward as she didn't ask for a revision. Mr. Waarvick responded as the Department Director he brought it back after listening to Council's concerns at the last meeting. Council Member Ettl said it was his understanding they asked for additional information to be brought back, which launches the process. Council Member Bristol feels this is staff driven. Mayor Cawley noted Council has authority to approve or deny items. Council Member Bristol added she has concerns about the study sessions being scheduled and didn't feel Council was necessarily asking for these to be on the agenda. Interim City Manager Morales stated they are study session items that will need to be reviewed by Council unless Council does not want to consider them and they can be removed from the agenda. He observed in the past, this would go before a Council Committee; however, at the Council retreat, it was determined to go to a study session format. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -35, A RESOLUTION setting the time and place for hearing on March 20, 2012 at 7:00 PM in the City of Yakima Council Chambers to hear from the public on the modification of the project list'for the Transportation Benefit District. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Adopted. 6 -0. Council Members voting Aye: Bristol , Cawley, Coffey , Ensey, Ettl , Lover. Council Members Absent: Adkison . 9. City Manager's report related to an Amendment to the 2012 Annual Action Plan concerning the budget reduction of CDBG and HOME program funding. Interim City Manager Morales briefed the Council on the budget reductions to the Community Development Block Grant budget. Council Member Lover expressed concern about the amount of money provided to Oppurtunities Industrialization Center (OIC). Mr. Morales noted the contract amount was already reduced last year, and they are operating a City facility to provide services to the community on the City's behalf. They are not making money on this and they are at a point where their ancillary funds are dwindling and this cannot be subsidized from OIC. Council Member Coffey questioned how much money OIC collects in rent from the SE Community Center. 10. Other Business *Council Member Lover requested a study session or a special meeting regarding revenue increases from the new utility tax increase to include the impact of hiring 12 police officers on other business units in the City and how it passes muster under the Priorities of Government budget model. Council Member Ensey supported the request. Council Member Lover stated he would also like to know the impact of reducing Fire Department overtime by hiring 3 additional firefighters. *Council Member Lover requested a study session or special meeting on the future of GFI. Council Member Ensey supported the request. Mayor Cawley recapped his requests for a special meeting on the revenue feasibility and a GFI meeting. *Council Mernber Lover proposed Council implement Mr. Cooper's budget reduction suggestion relating to reducing streets and traffic vehicle replacement contributions. Interim City Manager Morales reported this was already implemented in the budget as a reduction. Council Member Lover also suggested implementing another one of Mr. Cooper's budget reduction suggestions to reduce Parks and Recreation by 1 % with a savings of $50,000. Mr. Morales noted this was also already incorporated in the budget. *Council Member Coffey reminded Council that at the retreat Council Member Lover brought up the fact that he felt it was inappropriate to bring up a series of issues under other. business. She feels these items should be listed on the agenda in order for Council to study and research the Page 6 of 7 issues. *Interim City Manager Morales discussed the upcoming council study session topics. It was Council consensus to move the study session to March with Department Directors to review service levels and strategic priorities. A. Motion to adopt a fuel reduction plan Council Member Lover moved to adopt a fuel reduction plan. Council Member Ettl questioned whether that was the under the City Manager's purview. Council Member Lover believes it would be a policy issue. Council Member Bristol questioned what this means and noted she would need more information on the issue in order to vote on it. Interim City Manager Morales stated it is a way to manage the budget when you see a major fuel increase and he would be happy to bring back a memo on the status of the fuel budget. Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Failed. 2 -4. Council Members voting Aye: Ensey, Lover. Council Members voting Nay: Bristol , Cawley, Coffey, Ettl . Council Members Absent: Adkison . B. Motion to utilize 1 % from the general fund to be used for rainy day fund. *Council Member Lover moved to utilize 1 % from the general fund to be used for a "rainy day" fund. Council Member Coffey noted the City already has a 7% reserve or "rainy day" fund. Interim City Manager Morales advised the reserve fund is currently at 11 %. Mayor Cawley reiterated the City has an 11 % reserve, if there are problems they can use the reserve fund. Taking another 1 % will hurt the current budget more than it already has in the allocation process, and this should be brought up under policy issues. Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Failed. 2 -4. Council Members voting Aye: Ensey, Lover. Council Members voting Nay: Bristol , Cawley, Coffey, Ettl . Council Members Absent: Adkison . 11. Adjournment Adjourned at 8:47 p.m. to the next Council Business meeting on March 6; 2012 at 6 p.m. in the Yakima City Hall Council Chambers. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey: Approved. 6 -0. Council Members voting Aye: Bristol , Cawley, Coffey, Ensey , Ettl , Lover. Council Members Absent: Adkison . CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MAYOR Page 7 of 7