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06/05/2012 04Ai Draft Minutes 04-17-2012 Business MeetingYAKIMA CITY COUNCIL April 17, 2012 Council Chambers - -City Hall 4:30 - -6 PM Executive Session; 6 PM Business Meeting; 7 PM Public Hearings j f Back �ffi4 Print EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Council Members Sara Bristol, Kathy Coffey, Rick Ensey and Dave Ettl Absent: Assistant Mayor Maureen Adkison (excused); Council Member Lover (in route) 2. Executive Session regarding prospective and pending litigation, real estate or land and property considerations, collective bargaining, to evaluate the qualifications of an applicant for public employment and review the performance of a public employee. Executive Session was held and adjourned at 5:57 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 Staff: Interim City Manager Morales, City Attorney Cutter and City Clerk Claar Tee Absent: Assistant Mayor Maureen Adkison (excused) 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 None C. Status reports on prior meeting's citizen service requests Page 1 of 6 None D. Appointments to Boards, Commissions and Council Committees None 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from Council members or citizens present. There were no changes. 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 Council Member Rick Ensey, Seconded by Council Member Kathy Coffey.Carried.6 -0. Council Members voting Aye: Bristol , Cawley, Coffey, Ensey, , Ettl , Lover. Council Members Absent: Adkison . A. Consideration of approval of City Council Meeting Minutes None B. Consideration of approval of Council Committee Meeting Minutes None C. Set Date of Public Hearing on May 1, 2012 regarding a 2012 JAG Grant. May 1, 2012 was set as the date of open record public hearing to consider the JAG Grant D. Resolution authorizing an agreement for actuarial services for certain pension plans and other post - employment benefits provided by the City of Yakima. RESOLUTION NO. R- 2012 -48, A RESOLUTION authorizing the execution of a Consulting Services Agreement with Milliman, Inc. Actuaries and Consultants for an actuarial study for the purposes of determining the City's estimated liabilities relating to pensions and other post - employment benefits for LEOFF and PERS members in order to meet the City's financial reporting requirements and bond issuance disclosure obligations. E. Resolution authorizing the City of Yakima Office of Neighborhood Development Services to partner with the Yakima County DUI Court Program allowing DUI Court Program participant volunteers to perform community service hours. RESOLUTION NO. R- 2012 -49, A RESOLUTION authorizing the Office of Neighborhood Development Services to partner with the Yakima County DUI Court Program allowing DUI Court Program participant volunteers to perform community service hours as organized by the City of Yakima Office of Neighborhood Development Services. F. Ordinance amending Section 11.32.202 of the YMC pertaining to the installation of gas piping. ORDINANCE NO. 2012 -15, AN ORDINANCE relating to mechanical code of the City of Yakima; amending Section 11.32.202 of the Yakima Municipal Code regarding definition of heating and/or comfort cooling appliance. G. Ordinance authorizing the issuance and sale of water and wastewater revenue refunding bonds in the principal amount of not to exceed $10,000,000 in one or more series to refund (refinance) certain outstanding water and wastewater bonds of the City; and delegating authority to the City Manager or Director of Finance and Budget of the City to approve the final terms of the bonds (second reading). ORDINANCE NO. 2012 -16, AN ORDINANCE of the City of Yakima, Washington, authorizing the issuance and sale of water and sewer revenue refunding bonds of the City in the principal Page 2 of 6 amount of not to exceed $10,000,000 in one or more series to refund certain outstanding water and sewer bonds of the City; and delegating authority to the City Manager or Director of Finance and Budget of the City to approve the final terms of the bonds. 5. Audience Participation Charles Noel, 1101 N. 4th Street, spoke in opposition of the grant to help fund new soccer fields at the mill site. He noted he will run against any Council member who votes in favor of this. Doug Lemon, 1300 S. 72nd Avenue, complained about the runaway costs of City government. Anthony Akins, 105'/2 S. 6th Street, criticized the Police Department, the Courthouse and City streets. He noted government should be afraid of the people, not the other way around. Lynne Kittleson, 305 N. 9th Street, announced the graffiti has been removed from the house on the corner of 9th and Lincoln and complimented the Code Division for their assistance. PUBLIC HEARINGS 6. Public Hearing and Resolution for Council consideration and adoption of the 2012 -2017 Parks and Recreation Comprehensive Plan. Parks and Recreation Manager Ken Wilkinson briefed Council on the Parks and Recreation Comprehensive Plan. He thanked City employee Joseph Calhoun for his help with the plan. Mayor Cawley opened the public hearing. Parks Commissioner Jo Miles thanked Council for appointing him to the Parks Commission. He stated they have a great comprehensive plan. He believes pride develops community health and it is essential to provide a safe place for all income levels of families to play and come together. He thanked Council for their support and hopes they accept this plan. Lynne Kittelson, 305 N. 9th Street, commended the Parks and Recreation Division, Parks Commission and City employees. She indicated it is a very comprehensive plan and suggested a similar plan be put together for Streets and Transit. Claire Powell, 3003 Bonnie Doon, noted the Harman Center is operated mostly by volunteers and people from all around the area participate at the Harman Center. Mayor Cawley closed the public hearing. The City Clerk read the Resolution by title. RESOLUTION NO. R- 2012 -50, A RESOLUTION adopting the 2012 -2017 Parks and Recreation Comprehensive Plan. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey.Ad opted. 6 -0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, , Ettl , Lover. Council Members Absent: Adkison . 7. Public Hearing to consider a resolution amending the Six -year Transportation Improvement Program (TIP). City Engineer Doug Mayo briefed Council on the TIP. Mayor Cawley opened the public hearing, with no one coming forward, closed the hearing. The City Clerk read the Resolution by title. RESOLUTION NO. R- 2012 -51, A RESOLUTION to amend the Six -year Transportation Improvement Program (TIP) for the period of 2012 through 2017 to include projects affecting the City's Transportation Plan. Page 3 of 6 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey.Adopted.6 -0. Council Members voting Aye: Bristol , Cawley , Coffey , Ensey , Ettl , Lover. Council Members Absent: Adkison . CITY MANAGER'S REPORTS 8. Resolution authorizing agreement with Yakima Valley Museum for removal, transport and preservation of statue (Colonel J.J. Weisenburger) Interim City Manager Morales indicated this resolution and contract is for permission to move the statute to the museum for preservation at no cost to the City. Mayor Cawley thanked Mike and Jan Issaac's for their efforts in this matter to protect the statue. The City Clerk read the Resolution by title. RESOLUTION NO. R- 2012 -52, A RESOLUTION authorizing the City manager to execute an agreement between Yakima Valley Museum and Historical Association and City of Yakima for removal, transportation and preservation of statue (Colonel J.J. Weisenburger). Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey.Ad opted. 6 -0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Ettl , Lover. Council Members Absent: Adkison . 9. Resolution authorizing the expenditure of up to One Thousand Five Hundred Dollars from the non - federal funds provided to the Office of Neighborhood Development Services to assist in the replacement of playground equipment stolen from the nonprofit organization La Casa Hogar. Interim City Manager Morales briefed the Council on the issue and indicated the money utilized is from non - Federal funds. Council Member Ettl stated it is a good use of funds. Council Member Coffey noted the neighborhood children will also have access to the toys. Council Member Lover spoke against using tax payer money for a non - profit organization. Carol Folsom -Hill expressed her gratitude and feels inspired to have the City Council initiate this action. She believes it is important the citizens hear and see the support of the Council for our community. The City Clerk read the Resolution by title RESOLUTION NO. R- 2012 -53, A RESOLUTION authorizing the expenditure of up to One Thousand Five Hundred Dollars from the non - federal funds provided to the Office of Neighborhood Development Services to assist in the replacement of playground equipment stolen from the nonprofit organization La Casa Hogar. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Kathy Coffey.Adopted.4 -2. Council Members voting Aye: Bristol , Cawley, Coffey, Ettl . Council Members voting Nay: Ensey, Lover. Council Members Absent: Adkison . 10. Resolution authorizing an application to the Recreation and Conservation Office (RCO) for land acquisition for development of a regional soccer complex. Interim City Manager Morales explained the RCO application process. Council discussed the need for a regional complex and how it will positively impact the community. Council Member Ettl further explained the issue of building on the land at this area and clarified that you can only disturb the surface, as this land can only be used for "limited use." The City Clerk read the Resolution by title. RESOLUTION NO. R- 2012 -54, A RESOLUTION authorizing application for funding assistance Page 4 of 6 for a Washington Wildlife and Recreation Program (WWRP) project to the Recreation and Conservation Office (RCO) as provided in Chapter 79A.15, RCW, Acquisition of habitat conservation and outdoor recreation lands, WAC 286 and subsequent Legislative action. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Sara Bristol.Adopted.6 -0. Council Members voting Aye: Bristol , Cawley, Coffey, Ensey, Ettl , Lover. Council Members Absent: Adkison . 11. Resolution declaring surplus property by City of Yakima at 1816 S 24th Avenue. City Attorney Cutter briefed Council on the issue and stated the City and County both own the property. Council Member Coffey inquired who would receive the proceeds from the sale? Mr. Cutter explained the proceeds would go to the Airport. Council Member Coffey questioned if the Airport still owes the City money, whether the City would still be able to receive those funds from the proceeds of the sale prior to the funding going to the Airport. Interim City Manager Morales clarified that once the City and County declare it surplus, a sale and purchase would be done and the money would go to the airport. However, the City could apply a stipulation to the contract as a condition of the sale. Ensey moved and Lover seconded to adopt the Resolution. However, Council Member Coffey moved to table the item. Motion: Tabled , Moved by Council Member Kathy Coffey,Carried.4 -2. Council Members voting Aye: Bristol , Cawley, Coffey, Ensey. Council Members voting Nay: Ettl , Lover. Council Members Absent: Adkison . Ensey moved and Ettl seconded to reconsider the item Motion: Reconsider, Moved by Council Member Rick Ensey, Seconded by Council Member Dave Ettl.Carried.4 -2. Council Members voting Aye: Bristol , Ensey, Ettl , Lover. Council Members voting Nay: Cawley, Coffey. Council Members Absent: Adkison . Ensey moved and Lover seconded to adopt the Resolution. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Failed. 3 -3. Council Members voting Aye: Ensey, Ettl , Lover. Council Members voting Nay: Bristol , Cawley, Coffey. Council Members Absent: Adkison . 12. A Resolution of the City of Yakima Transportation Benefit District concerning a voter - approved license tab fee to pay for transportation needs; submitting a ballot measure regarding transportation funding to the qualified electors of the City of Yakima Transportation Benefit District at an election to be held on November 6, 2012; authorizing the Yakima County Prosecutor review ballot title; and requesting that the Yakima City Attorney prepare an explanatory statement for Yakima County's local voter's pamphlet. Public Works Director Chris Waarvick introduced Assistant City Attorney Bronson Faul who briefed Council on the issue. City Attorney Cutter explained any action needs to be taken by Council acting as the Transportation Benefit District Board. Mayor Cawley recommended tabling the item until Assistant Mayor Adkison is able to attend. It was Council consensus to table the Resolution. 13. Other Business Council Member Coffey requested a report of the PBIA and asked if Council members have signed an Ethics commitment. Interim City Manager Morales will report back at the next meeting. 14. Adjournment Meeting adjourned at 7:57 p.m. to a Joint City /County Study Session on April 24, 2012 at 10 Page 5 of 6 a.m. regarding Environmental and Land Issues (Comprehensive Flood Hazard Management Plan, Utility Capital Improvements, Wastewater Treatment Plant Issues). Motion: Adjourn , Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey.Carried.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 6 of 6