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07/02/2012 04Ai Draft Minutes 05-15-2012 Business MeetingYAKIMA CITY COUNCIL May 15, 2012 Council Chambers -- City Hall 4:30 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings Back �n Print EXECUTIVE SESSION 1. Roll Call Present: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol (arrived at 5:16 p.m.) , Kathy Coffey, Dave Ettl and Bill Lover Absent: Council Member Rick Ensey (Excused) 2. Executive Session regarding prospective litigation, pending litigation and to review the performance of a public employee Executive Session was held and adjourned at 5.35 p m. BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Dave Ettl and Bill Lover .Staff: Interim City Manager Morales, City Attorney Cutter and City Clerk Claar Tee Absent: Council Member Rick Ensey (Excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations i. Your Canyon for a Day Proclamation No one was in attendance to accept the proclamation; therefore, it was not read aloud. ii. National Safe Boating Week Mayor Cawley read the proclamation and Don Haley with the Coast Guard Auxiliary accepted it. Page 1 of 6 iii. Peace Officers Memorial Day Proclamation Mayor Cawley read the proclamation and Chief Rizzi and Captain Copeland accepted it. B. Presentations /recognitions /introductions Mayor Cawley recognized Davis High School students from Skills Center USA who were in attendance and will be participating in the National Parliamentary State Finals. C. Status reports on prior meeting's citizen service requests None D. Appointments to Boards, Commissions and Council Committees i. Introduction of DYBID Board Members Steve Buck, Brad Christianson, Joe Mann, Kathi Bonlender, Larry Hull, Rhonda Ostriem and Verlynn Best Council Member Bristol notified Council of the DYBID Advisory Board election results and introduced Board Members Larry Hull and Joe Mann. Interim City Manager Morales noted he will have the Administrative Assistant to the Public Works Director assisting with staff support for this Board. 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 Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Carried 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey , Ettl , Lover. Council Members Absent: Ensey. . A. Consideration of approval of City Council Meeting Minutes i. City Council minutes from the February 21, March 6, March 20 and April 3, 2012 Adjourned Council Business Meetings and March 27 and April 10, 2012 Adjourned Council Study Sessions. The minutes of the the February 21, March 6, March 20 and April 3, 2012 Adjourned Council Business Meetings and March 27 and April 10, 2012 Adjourned Council Study Sessions were approved, 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 None C. 1 st Quarter 2012 Claim Report and Resolution authorizing and approving 1 st Quarter 2012 claims activity RESOLUTION NO. R- 2012 -61, A RESOLUTION accepting and approving the 1st Quarter 2012 Claims Reports for the City of Yakima. D. Resolution to set the dates of June 5, 2012 and June 19, 2012 to consider: A) Adoption of the Six -year Transportation Improvement Program for the years 2013 to 2018, and to amend the Metropolitan Transportation Plan; and B) Amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element. RESOLUTION NO. R- 2012 -62, A RESOLUTION setting the times and place for hearings on June 5, 2012 and June 19, 2012 in the City of Yakima Council Chambers to review and adopt Page 2 of 6 the Six -year Transportation Improvement Program for the period of 2013 to 2018 and amend the Yakima Urban Area Comprehensive Plan Capital Facilities element. E. Resolution authorizing engineering and consulting services agreement with Gray and Osborne, Inc for engineering and consulting services -associated with the Water Utility Advanced Metering Infrastructure Request for Proposals not to exceed $30,000 RESOLUTION NO. R- 2012 -63, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Gray and Osborne, Inc for engineering and consulting services associated with the Water Utility Advanced Metering Infrastructure Request for Proposals. F. Resolution authorizing contract with Brown and Caldwell, Consulting Engineers, in an amount not to exceed $360,897 to provide engineering services for design and installation of required fine screens and associated equipment upstream of the primary clarifiers at the City's Wastewater Treatment Plant. RESOLUTION NO. R- 2012 -641 A RESOLUTION authorizing the City Manager to enter into contract with Brown and Caldwell, Consulting Engineers in the amount of $360,897 to provide engineering services for design and installation of required fine screens and associated equipment upstream of the primary clarifiers. G. Resolution amending the Capitol Theatre Operating Agreement between City of Yakima and Capitol Theatre Committee, Inc RESOLUTION NO. R- 2012 -65, A RESOLUTION authorizing the City Manager to execute an amended and restated Capitol Theatre Operating Agreement between Capitol Theatre Committee, Inc. and City of Yakima for operation of performing arts facility (Capitol Theatre). H. Resolution authorizing an agreement with Financial Consulting Solutions Group, Inc., in an amount not to exceed $27,000, to develop a Water Division Cost of Service and Rate Study Update RESOLUTION NO. R- 2012 -66, A RESOLUTION authorizing the City Manager to execute a Professional Services Contract Agreement between the City of Yakima and Financial Consulting Solutions Group, Inc., in an amount not to exceed $27,000, to develop a Cost of Service and Rate Study Update. 5. Audience Participation Lynne Kittelson, 305 N. 9th Street, announced the graffiti is back on the house at 901 N. 9th Street and she has reported it to Codes. She thanked Council for earning credits in the Association of Washington's education in municipal government. John Puccinelli, 4102 Donald Drive, thanked Interim Manager Morales for completing the railroad underpass project and then expressed his frustration with the process. Additionally, he noted the espresso stand on 1st and D streets was blocked by city street crews working on D street when it wasn't necessary. He would like to meet with a Council Committee to discuss these issues, as well as his claim that the City took a portion of his property without compensation. Jeremy Rodriguez, Yakima Firefighters Association, 401 N. Front Street, invited Council and the public to attend the second annual Firefighters Fair to be held on June 16. Katherine Goodson, General Manager of Kana Winery, 10 S. 2nd Street, expressed her frustration with community events held downtown, which allow street closures. She feels these events have a negative impact on her business as well as other businesses in the downtown area. Council Members Coffey and Adkison agreed to meet with her and other business owners regarding the issue. PUBLIC HEARINGS Page 3 of 6 Closed Record Public Hearing on Appeal of Hearing Examiner's Decision for Chestnut Townhomes Assistant Planner Joseph Calhoun briefed Council on the closed record public hearing. Mayor Cawley opened the hearing. The following individuals spoke against the Hearing Examiners recommendation: Connie Stone, 380 Kale Road, Tieton. Mike Stone, 380 Kale Road, Tieton. William O'Hare, owner of a duplex at 73rd and Chestnut, Yakima. Sharon French, 7308 W. Chestnut, Yakima. James Carmody, representing the applicant, Dale Turner, spoke in favor of the Hearing Examiners recommendation. Mayor Cawley closed the public hearing. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Carried 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey, Ettl , Lover Council Members Absent: Ensey. . CITY MANAGER'S REPORTS 7. Acceptance of the Yakima Police Department 2011 Annual Report Captain Copeland briefed Council on the Police Department 2011 Annual Report. He pointed out an error on page 7, which should state aggravated assault for 2010 should be 287 Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Carried 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ettl , Lover. Council Members Absent: Ensey. . 8. Report on Service Reductions in the 2012 Budget Interim City Manager Morales briefed Council on the service reductions. Council discussed the services for the Parks Division and determined to take no action or service reductions at this time. If the Division faces a budget shortfall, they may make an appropriation at that time. Interim Manager Morales requested direction regarding the Fire Code and Building Code Inspection services. Cawley moved and Coffey seconded to reinstate the construction and fire inspection services at no cost by the reallocation of staff. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Kathy Coffey. Carried 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey, Ettl , Lover. Council Members Absent: Ensey . 9. Resolution accepting donation of public artwork from the Artist Giving Circle consisting of a metal sculpture entitled Transcendence and authorizing display in the park area of the intersection of South 2nd Street and Yakima Avenue, adjacent to the Larson Building Acting Community and Economic Development Director Davenport briefed Council on the item and introduced former Mayor Mary Place. Mary Place, 5710 Mari Lane, spoke on behalf of the Arts Giving Circle and thanked the Arts Commission and property owner Larry Hull for assisting with the project, a donation of a sculpture by Twisp artist Bernard Hosey for the public right -of -way in front of the Larson Building. Bill Duerr, 3206 W. Yakima Avenue, spoke in favor of the project; however, he noted the Page 4 of 6 resolution title should state "plaza" instead of "park." Larry Hull, 4606 Scenic Drive, reported the "dirt" area in front of the Larson Building was left purposefully unpaved and prepared with access to electricity and water in anticipation of a future art project, which he is happy to see come to fruition. The first.official vote of the DYBID Advisory Committee was in support of this project. Cawley moved and. Ettl seconded to amend the resolution title by replacing the word "park" with "plaza." The amendment carried by unanimous roll call vote. The City Clerk read the resolution by title RESOLUTION NO. 2012 -67, A RESOLUTION accepting donation from the private, non - profit group "Arts Giving Circle" of public artwork consisting of a metal sculpture created entitled "Transcendence" and authorizing display in the plaza area of the intersection of South 2nd Street and Yakima Avenue, adjacent to the Larson Building Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Bill Lover. Adopted 6 -0. Council Members voting Aye: Adkison , Bristol, Cawley, Coffey, Ettl , Lover. Council Members Absent: Ensey . 10. Resolution authorizing an addendum to the professional services agreement with Magallan Consultancy to perform coordination services related to implementation of the Yakima Gang Free Initiative Lt. Mike Merryman briefed Council on the contract addendum. Council Member Lover requested a study session on the Gang Free Initiative. The City Clerk read the resolution by title RESOLUTION NO. 2012 -68, A RESOLUTION ratifying contract amendment (Addendum One) to initial agreement with Magallan Consultancy to perform program development and coordination services related to implementation of the Yakima Gang Free Initiative Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey, Ettl , Lover. Council Members Absent: Ensey . 11. 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 Waarvick and Assistant City Attorney Faul briefed Council on the Resolution.. Mayor Cawley questioned Council whether this item should be postponed and placed as a question on the upcoming citizen survey. Citizen Bill Duerr commented on changing the wording to indicate a sunset clause. Cawley moved and Bristol seconded to table the Resolution. The motion failed 3 -3; Lover, Coffey and Ettl voting no. Council discussed the issue further. The City Clerk read the resolution by title. Bristol moved and Adkison seconded to table the issue pending the results of the incoming City Manager's survey. Page 5 of 6 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. Motion: Tabled, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Carried 5 -1. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , =Ettl . Council Members voting Nay: Lover. Council Members Absent: Ensey . 12. Consideration of amendments to Interim City Manager Agreement Interim City Manager Morales briefed the Council on his memorandum wherein he requests a salary adjustment to that of his immediate predecessor. Mayor Cawley appreciated Mr. Morales bringing this forward as he has stepped up every time Council has requested Council Member Lover questioned the cost of this increase. Mr. Morales indicated approximately $14,800. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Kathy Coffey. Carried 5 -1. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ettl . Council Members voting Nay: Lover. Council Members Absent: Ensey. . 13. Other Business A. National Citizen Survey for Yakima Interim City Manager Morales briefed Council on incoming City Manager O'Rourke's request for a citizen survey. The cost would be approximately $25,000 and would be sent to approximately 3,000 residents and include a Spanish interpretation. Council members will discuss suggested modifications at the study session on May 22. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Carried 6 -0. Council Members voting Aye: Adkison , Bristol, Cawley, Coffey, Ettl , Lover. Council Members Absent: Ensey. . 14. Adjournment The meeting adjourned at 10:10 p.m. to a Joint City /County Study Session on May 22, 2012 at 10 a m. in the Council Chambers. The next regular Council Meeting will be June 5, 2012 at 6 p.m. in the Council Chambers. Motion: Adjourn, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Carried 6 -0. Council Members voting Aye: Adkison , Bristol , Cawley, Coffey , Ettl , Lover. Council Members Absent: Ensey. . CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MAYOR Page 6 of 6