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07/02/2012 04Ai Draft Minutes 05-01-2012 Business MeetingYAKIMA CITY COUNCIL May 1, 2012 Council Chambers -- City Hall 4:30 PM Executive Session; 6 PM Business Meeting; 7 PM Public Hearings * Back Jffii� Print EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session regarding prospective litigation, collective bargaining, review the performance of a public employee and to evaluate the qualifications of an applicant for public employment Executive Session was held and adjourned at 6:02 p.m. BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, 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 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance 3. Open Discussions for the Good of the Order A. Proclamations Cinco de Mayo Proclamation Council Member Bristol read the proclamation. Maria Rodriguez, Co -chair of the Cinco de Mayo Planning Committee, accepted the proclamation along with Ms. Cinco de Mayo pageant contestants Delfina Lopez, Adriana Martinez and Ana Solorzano. National Day of Prayer Proclamation Mayor Cawley read the proclamation and John VanBell accepted it. iii. Yakima - Morelia Sister City Week Mayor Cawley read the proclamation and Noe Gutierrez, Dr. Rogelio Diaz Ortiz and Dr. Ariadna Page 1 of 5 Patricia Galvan Solis accepted it. B. Pre;;entations /recognitions /introductions i. Introduction of Deputy Fire Chief Mark Soptich Chief Willson introduced Mark Soptich as the City of Yakima's new Deputy Fire Chief. C. Status reports on prior meeting's citizen service requests i. Response to complaints made by Doug Lemon at the April 17, 2012 Council meeting Interim City Manager Morales briefed Council on the complaints made by Doug Lemon at the previous Council meeting. Council Member Bristol noted these complaints should not be investigated unless Council directs staff to investigate. 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. The following item was removed from the consent agenda: Resolution approving the Interim City Manager's agreement to a special employment contract term providing for severance compensation as part of the employment agreement between Cindy Epperson and the City thereby formalizing the appointment of Cindy Epperson. 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 Sara Bristol. Carried 5 -0. Council Members voting Aye: Bristol , Cawley, Ensey, , Ettl , Lover . Council Members Absent: Adkison , Coffey A. Consideration of approval of City Council Meeting Minutes None B. Consideration of approval of Council Committee Meeting Minutes None C. 2012 1st Quarter Capital Improvement Projects Report The report was accepted. D. Set Date of May 15, 2012 for Closed Record Public Hearing on Appeal of Hearing Examiner's Decision on Chestnut Townhomes May 15, 2012 was set as the date of a closed record public hearing to consider an appeal of the Hearing Examiner's decision on Chestnut Townhomes in the vicinity of the 7200 block of Chestnut Avenue. E. Resolution authorizing the City Manager to execute an agreement allowing Charter Cable to contact Yakima Valley Trolley system hardware RESOLUTION NO. R- 2012 -55, A RESOLUTION authorizing the City Manager to execute an agreement between the City of Yakima and Charter Cable (Charter) allowing Charter to contact Yakima Valley Trolley (YVT) system hardware within the city limits of Yakima. Page 2 of 5 F. Resolution declaring surplus property by City of Yakima at 1816 S 24th Avenue RESOLUTION NO. R- 2012 -56, A RESOLUTION declaring an approximately one -half acre parcel of property at 1816 S 24th Avenue surplus to the uses and needs of the City of Yakima, in anticipation of proposed sale and conveyance; authorizing the City Manager to undertake all appropriate reviews of such proposed action, and to dispose of such property in accordance with applicable law. 5. Audience Participation Charles Noel, 1101 N. 4th Street, related his disappointment in Council for voting to approve the soccer complex grant application. He also complained about a shooting near his home and that he had to call 911 three times before getting an answer. Candie Turner, 7800 W. Mead Avenue, presented Deputy Fire Chief Soptich with homemade cookies. She also spoke in favor of moving the Colonel J.J. Weisenburger statue to the museum. John Cooper, Visitor and Convention Center CEO, advised Council of preparations underway for the annual Hot Shots 3 -on -3 tournament which will be held in late August. PUBLIC HEARINGS 6. Public Hearing regarding 2012 JAG Grant. Interim City Manager Morales briefed Council on the item. Mayor Cawley opened the public hearing and with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -57, A RESOLUTION ratifying an application for a grant in the total amount of $55,017 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all documents and contracts necessary to complete said grant transaction. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Adopted 5 -0. Council Members voting Aye: Bristol , Cawley , Ensey , Ettl , Lover . Council Members Absent: Adkison , Coffey. CITY MANAGER'S REPORTS 7. Resolution approving the Interim City Manager's agreement to a special employment contract term between Cindy Epperson and the City providing for severance compensation as part of the employment agreement, thereby formalizing the appointment of Cindy Epperson as the new City Finance Director Council Member Lover stated he would like the new city manager to have input and handle this issue. Council Member Ettl disagreed, stating they have made many other decisions and contracts with the Interim City Manager and this is a reasonable request for someone taking a new job. Motion: Tabled, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey Carried 3 -2. Council Members voting Aye- Bristol , Ensey, Lover. Council Members voting Nay: Cawley, Ettl . Council Members Absent: Adkison , Coffey. 2011 Year -End Budget Revenue and Expenditure Report Finance Director Cindy Epperson briefed Council on the 2011 Year -End report. The report was approved. Page 3 of 5 Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Rick Ensey. Carried 5 -0. Council Members voting Aye: Bristol , Cawley , Ensey, Ettl , Lover . Council Members Absent: Adkison , Coffey. 9. Resolution accepting donation of public artwork consisting of a quilt depicting the Fred G. Redmon Bridge and authorizing display at the Yakima Convention Center Acting Community & Economic Development Director Davenport briefed Council on the project. Visitor and Convention Center CEO John Cooper introduced the artists who created the quilt. Council thanked the artists for their work. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -58, A RESOLUTION accepting donation of public artwork consisting of a quilt depicting the Fred G. Redmon Bridge and authorizing display at the Yakima Convention Center. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Adopted 5 -0. Council Members voting Aye: Bristol , Cawley , Ensey, Ettl , Lover. Council Members Absent: Adkison , Coffey. 10. Resolution authorizing the City Manager to execute an instrument accepting installation and donation of bus stop shelters, donated by Yakima Southwest Rotary Club Yakima Transit Manager Ken Mehin briefed Council on the item and introduced Tony Klein from Southwest Rotary Club, which donated the bus stop shelters. Council thanked Mr. Klein and Southwest Rotary Club for the donation. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -59, A RESOLUTION authorizing the City Manager to execute an instrument accepting installation and donation of bus stop shelters, donated by Yakima Southwest Rotary Club. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol Adopted 5 -0. Council Members voting Aye: Bristol , Cawley, Ensey, Ettl , Lover . Council Members Absent: Adkison, Coffey. 11. Resolution authorizing an Agreement with Huibregtse, Louman Associates for the extension of the City's Industrial Wastewater Collection System in the vicinity of 23rd Avenue and River Road Wastewater Manager Scott Schafer briefed Council on the issue. The City Clerk read the resolution by title. RESOLUTION NO. R- 2012 -60, A RESOLUTION authorizing the City Manager to execute an Agreement between Huibregtse, Louman Associates, Inc. (HLA) and the City of Yakima for Engineering Services for the Extension of the Industrial Wastewater Collection System in the vicinity of 23rd Avenue and River Road. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover Adopted 5 -0. Council Members voting Aye: Bristol , Cawley , Ensey , Ettl , Lover . Council Members Absent: Adkison , Coffey. ORDINANCES 12. Ordinance pertaining to utility service fees; amending Section 7 50.040 of the Yakima Municipal Code regarding utility services fees, and defining business hours for purposes of administering such fees. Interim City Manager Morales introduced new Utility Services Manager Tammy Regimbal, who briefed Council on the issue. Page 4 of 5 The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -17, AN ORDINANCE pertaining to utility services fees; amending Section 7.50.040 of the Yakima Municipal Code regarding utility services fees, and defining business hours for purposes of administering such fees. Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Passed 5 -0. Council Members voting Aye: Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Adkison , Coffey. 13. Other Business Interim City Manager Morales asked Finance Director Cindy Epperson to report on the results of the recent bond refund. Ms. Epperson reported the bonds were sold yesterday, which went well and exceeded previous estimates resulting in a savings of over $1.2 million over the life of the bonds. Ms. Epperson introduced Tara Lewis, the new Financial Services Manager. Interim City Manager Morales reminded Council that Commissioner Leita had requested a joint City /County meeting to discuss jail issues Mr Morales stated he would like a consultant to review the City and County's financial situations with an objective view point and will bring a professional services contract to Council for their consideration. Council Member Bristol requested the Council study session scheduled for the following week be rescheduled due to Council Member Ensey's absence that day. Council Member Ettl noted he would not be able to attend either. It was Council consensus to reschedule the study session 14. Adjournment The meeting adjourned at 7:22 p.m. to the next Council meeting on May 15, 2012 at 6 p.m. in the Yakima City Hall Council Chambers Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 5 -0. Council Members voting Aye: Bristol , Cawley, Ensey, Ettl , Lover . Council Members Absent: Adkison , Coffey. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MAYOR Page 5 of 5