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11/20/2012 04Ai Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4//93' 3 For Meeting of: November 20, 2012 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: City Council minutes of August 7, 21 and September 4, 2012 Adjourned City Council Business meetings and of August 14, 28 and September 11, 2012 Adjourned City Council Study Sessions. Sonya Claar Tee, City Clerk Resolution Ordinance Contract: Mail to: Contract Term: Amount: Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: Other (specify) Expiration Date: Phone: City Manager STAFF RECOMMENDATION: BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ 8-7-12 minutes ❑ Minutes 8-21-12 ❑ Minutes 9-4-12 ❑ Minutes 8-14-12 ❑ Minutes 8-28-12 0 Minutes 9-11-12- YAKIMA CITY COUNCIL August 7, 2012 Council Chambers -- City Hall 1:30-2 p.m. Executive Session; 2:00 p.m. Council Business Meeting MINUTES BI r Back MI Print EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol (arrived late), Rick Ensey, and Bill Lover Absent: Council Members Kathy Coffey and Dave Ettl (excused) 2. Executive Session regarding pending litigation Executive Session was held and adjourned at 1:53 p.m. BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Rick Ensey, and Bill Lover Absent: Council Members Kathy Coffey and Dave Ettl (excused) Staff: City Manager O'Rourke, Assistant City Attorney Kunkler 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 None. B. Presentations/recognitions/introductions None. C. Status reports on prior meeting's citizen service requests None. D. Appointments to Boards, Commissions and Council Committees None. Page 1 of 4 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 Bill Lover. Carried 5-0. Council Members voting Aye: Adkison , Bristol , Cawley , Ensey , Lover . Council Members Absent: Coffey , Ettl A. Consideration of approval of City Council Meeting Minutes None. B. Consideration of approval of Council Committee Meeting Minutes None. C. 2nd Quarter 2012 Claim Report and Resolution authorizing and approving 2nd Quarter 2012 claims activity RESOLUTION NO. R-2012-101, A RESOLUTION accepting and approving the 2nd Quarter 2012 Claims Reports for the City of Yakima. D. Resolution authorizing a Professional Services Agreement with Kennedy -Jenks, Consulting Engineers, in an amount not to exceed $48,060 to provide engineering services for a feasibility study and two conceptual designs of a new grease receiving station at the City's Wastewater Treatment Plant. RESOLUTION NO. R-2012-102, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Kennedy -Jenks in the amount not to exceed $48,060 for Engineering Services for a feasibility study and two conceptual designs of a new grease receiving station at the City's Wastewater Treatment Plant. E. Resolution authorizing a sole source procurement between the City of Yakima and Enaqua for the purchase of ultraviolet (UV) replacement lamps designed for the Wastewater Division's UV disinfection system. RESOLUTION NO. R-2012-103, A RESOLUTION authorizing a sole source procurement between the City of Yakima and Enaqua for the purchase of ultraviolet (UV) replacement lamps designed for the Wastewater Division's Enaqua UV disinfection system. 5. Audience Participation Rick Lopez, a.k.a. Enrique Lopez, 1013 S 2nd Avenue, Yakima, spoke on behalf of the Azteca's car club. Mr. Lopez presented the City Council, YPAL, and Yakima Parks and Recreation with certificates of appreciation for supporting their event. David Lawrence, President of Holtzinger Fruit, 1312 N. 6th Avenue, Yakima, discussed his frustration with the Municipal Code pertaining to Wastewater Permit fee's and his feeling of being double charged He requested Council review the wastewater permit fee's associated with the Municipal Code. Lynne Kittelson, 305 N 9th Street, Yakima, made a suggestion -for additional benches to be placed around the streets of downtown. She also wanted to thank Office of Neighborhood Services (ONDS) for the graffiti grants that will be directed toward graffiti removal in our neighborhoods. Bill Duerr, 3206 W. Yakima Avenue, Yakima, reminded everyone of the National Night Out Page 2 of 4 activities and mentioned he attended the S.E. Community event held the previous evening and there were no Council members in attendance. He noted that Office Gonzalez from YPAL, and YFD Station #95 firefighters were present. Mr. Duerr wanted to remind everyone about the events at Miller Park, Regional, OIC and several other block watch events being held around our community and encouraged participation from Council. John Cooper, Visitors and Convention Bureau, spoke favorably about the upcoming Hot Shots tournament scheduled for August 25-26, 2012. This is the 10th Anniversary and they are expecting record setting participants. CITY MANAGER'S REPORTS 6. Downtown Yakima Business Improvement District (DYBID) Advisory Board's Initial Quarterly Report to City Council Director of Public Works Chris Waarvick introduced Brad Christianson, Chairman of the Downtown Yakima Businesss Improvement District (DYBID). Mr. Christianson briefed Council on the DYBID quarterly report. Mr. Christianson informed Council they have prepared new By -Laws as required by the ordinance He noted they have a website (DYBID.org) for correspondence, comments, questions and to address concerns. Further discussion took place regarding varying structural components and authority of the advisory group for the DYBID. 7. Resolution authorizing First Amendment to the Block by Block Agreement for Professional and Ambassador Services in the Downtown Yakima Business Improvement District (DYBID) Public Works Director Chris Waarvick briefed Council on the amendment. City Manager O'Rourke feels this is one step we can take to help with abatement of graffiti. Council Member Lover mentioned his disappointment with paying Block -by -Block additional money for graffiti abatement along with the lack of the bidding process. Mayor Cawley would like to see a breakdown for the graffiti abatement amendment. Council members Bristol and Ensey both agreed that the process is frustrating and needs to be changed. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-104, A RESOLUTION authorizing and directing the City Manager to execute the First Amendment to the Block By Block Agreement for Professional and Ambassador Services. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Mayor Micah Cawley. Carried 4-1. Council Members voting Aye: Adkison , Bristol , Cawley , Ensey . Council Members voting Nay: Lover . Council Members Absent: Coffey , Ettl . 8. Other Business Mayor Cawley reminded citizens of all the National Night Out events taking place around our community and welcomed attendance. 9. Adjournment The meeting adjourned at 2:45 p.m. to a Council Study Session on August 14, 2012 at 10 a.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried 5-0. Council Members voting Aye: Adkison , Bristol , Cawley , Ensey , Lover . Council Members Absent: Coffey , EttI . Page 3 of 4 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 4 of 4 YAKIMA CITY COUNCIL STUDY SESSION August 14, 2012 Council Chambers -- City Hall 10:00 a.m. Council Study Session regarding Gang Free Initiative MINUTES 4- Back 8 Print 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl, and Bill Lover Staff: City Manager O'Rourke, and Deputy City Clerk Stephens 2. Presentation and Discussion on Gang Free Initiative Mayor Micah Cawley introduced Steve Magallan, Gang Free Initiative (GFI) Coordinator. Mr. Magallan reviewed a Power Point presentation with Council. Mr. Magallan recapped the majority of the activity that has taken place over the last 1.5 years. He reviewed each one of the 5 identified phases- Readiness, Capacity, Assessment, Planning, and Implementation. Council Member Lover questioned whether Parks and Recreation would have funding to participate with GFI and discussed his concern of safety when working with troubled youth in the outreach portion of the plan. Several Council members expressed concern on the lack of action from the GFI. Council members Coffey, Ettl, and Adkison agreed this plan is moving forward and a lot of hard work and time has gone into this. Mayor Cawley suggested that goals and deliverables be provided to Council along the way and inquired when a truancy center will be up and running. Mr. Magallan agreed to provide the information and is hopeful to have an identifiable location and partnerships in place by October. City Manager O'Rourke agreed this has been a good discussion and full cost accounting measures need to done. Mr. O'Rourke would also like to see more collaboration with Yakima County. Mayor Cawley indicated a follow-up report is planned for November, and the City Manager will continue to work on the GFI budget. Chief Rizzi appreciates the engagement by everyone, as it shows a great level of interest. Chief Rizzi reminded everyone this is not a short-term matter and we need to follow through with this plan. 3. Adjournment The meeting adjourned at 11:39 to the next Council Study Session on August 21, 2012 at 6:00 p.m. in the Council Chambers. Motion: Adjourn, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Approved 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Page 1 of 2 Ensey , Ettl , Lover CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 2 of 2 YAKIMA CITY COUNCIL August 21, 2012 Council Chambers -- City Hall 5:30-6 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES t Back 8 Print EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Dave Ettl and Bill Lover Absent: Council Members Kathy Coffey (excused) and Rick Ensey (excused) 2. Executive Session regarding Collective Bargaining Executive Session was held and adjourned at 6 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Dave Ettl and Bill Lover Absent: Council Members Kathy Coffey (excused) and Rick Ensey (excused) Staff: City Manager O'Rourke, 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. Presentations/recognitions/introductions i. Presentation of the "2011 Wastewater Treatment Plant Outstanding Performance" award to the City's Wastewater Division by the Department of Ecology Donna Smith with the Departri ent of Ecology presented the City with the "2011 Wastewater Treatment Plant Outstanding Performance" award and congratulated City Wastewater Staff on their hard work and dedication in achieving this award. 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there Page 1 of 5 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 Sara Bristol. Carried 5-0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . A. Consideration of approval of City Council Meeting Minutes i. City Councilminutes from the June 19, July 2 and July 17, 2012 Adjourned Council Business Meetings and June 26, 2012 Adjourned City Council Study Session and the July 10, 2012 Adjourned Joint City/County Study Session. The minutes of the June 19, July 2 and July 17, 2012 Adjourned Business meetings and June 26, 2012 Adjourned City Council Study Session and the July 10, 2012 Adjourned Joint City/County Study Session were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. B. 2nd Quarter 2012 Revenue and Expenditure Report The report was approved. C. Accounts Receivable Status Report - 2nd Quarter 2012 The report was approved. D. 2nd Quarter 2012 Treasury Report The report was approved. E. Final Contract Payment for Hurst Construction, LLC - Fruitvale Canal and Industrial Waste Improvements (Standard Motion V -B- Accept the project and approve the final payment) The report from the City Engineer, dated June 14, 2012, with respect to the completion of the work on the Fruitvale Canal and Industrial Waste Improvements, performed by Hurst Construction, LLC, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. F. Resolution adopting Yakima Transit's Transit Development Plan for 2012-2017 and annual report for 2011 as required under RCW 35.58.2795 RESOLUTION NO. 2012-105, A RESOLUTION adopting Yakima Transit's Transit Development Plan for 2012-2017 and annual report for 2011 as required under RCW 35.58.2795. G. Ordinance amending Chapters 11.04, 11.22 and 10.05 YMC, adopting 2009 editions of International Building Code, International Residential Code and International Fire Code, respectively. ORDINANCE NO. 2012-27, AN ORDINANCE amending Chapters 11.04, 11.22 and 10.05 of the Yakima Municipal Code, adopting 2009 Editions of the International Building Code, International Residential Code and International Fire Code, respectively. H. An Ordinance amending Chapter 8.72 YMC pertaining to standards for issuance of permits for excavations and obstructions within public rights of way and public property. ORDINANCE NO. 2012-28, AN ORDINANCE amending Chapter 8.72 of the Yakima Municipal Code regarding standards and procedures for issuance of permits for excavations and obstructions within public rights of way and public property. I. An Ordinance amending Chapter 8.64 YMC pertaining to standards for design and construction of driveway approaches and curb cuts. Page 2 of 5 ORDINANCE NO. 2012-29, AN ORDINANCE amending Chapter 8 64 of the Yakima Municipal Code regarding standards and permit requirements for driveway approaches and curb cuts. J. An Ordinance amending Chapter 12.06 YMC pertaining to design and construction standards for streets, curbs, street lighting and bicycle and pedestrian facilities. ORDINANCE NO. 2012-30, AN ORDINANCE amending Chapter 12.06 of the Yakima Municipal Code regarding design and construction standards for streets, curbs, street lighting, and bicycle and pedestrian facilities. K. An ordinance granting a telecommunications system franchise to PocketiNet Communications, Inc., dba PocketiNet. ORDINANCE NO. 2012-31, AN ORDINANCE granting a non-exclusive franchise to PocketiNet Communications, Inc. ("PocketiNet") to construct, operate and maintain a Telecommunications System, with all necessary facilities, within the City of Yakima, Washington (the "City"); setting forth provisions, terms and conditions accompanying the grant of this Franchise; providing for City regulation of construction, operation, maintenance and use of the Telecommunications System; prescribing penalties for the violations of its provisions; and setting an effective date. 5. Audience Participation Susan Whitman, 3612 Englewood Avenue, Yakima, spoke on behalf of the Apple Valley Kiwanis Club and requested the City name the Kiwanis Skate Park after former Council Member Ron Bonlender. Bill Duerr, 3206 W. Yakima Avenue, Yakima, apologized for his comments at the previous meeting and noted if he can make negative comments about Council, he can also make positive comments and thanked Council members for attending the National Night Out activities. Sandy Lloyd, 5501 W. Arlington Street, Yakima, complained about the condition of her street over the years and the actions of Street Division employees. Harris Meyer, 1909 W. Yakima Avenue, Yakima, spoke in opposition of the application for a drive through adjustment at 202 E. Yakima Avenue. Tucker Russell, 3429 Goodman Road, Union Gap, stated he seconded Mr Meyer's comments about opposition of the application for a drive through adjustment at 202 E. Yakima Avenue. Lynne Kittelson, 305 N. 9th Street, Yakima, stated she seconded Mr. Duerr's and Mr. Meyer's comments and complained about the condition of Old North Yakima. Lawrence Breer, 2911 Shelton Avenue, Yakima, spoke in opposition of local gun shows, which do not conduct back -ground checks on individuals purchasing guns. City Attorney Cutter stated this is a state law issue, and the City cannot change state law. Lynn Harden, 913 Pleasant Avenue, Yakima, commented on the passing of Ken Messer, who was strongly involved in the community for over 40 years PUBLIC HEARINGS 6. Public Hearing and Resolution adopting proposed Findings of Fact supporting enactment of moratorium regarding adult entertainment and adult entertainment businesses. Mayor Cawley opened the public hearing. Danielle Surkatty, 101 N. 58th Avenue, Yakima Avenue, spoke as the Advocacy Chair of the Zonta Club. She spoke in opposition of strip clubs and supports the moratorium She provided information and suggestions for the ordinance. Page 3 of 5 Mayor Cawley closed the public hearing and noted there will be another public hearing on the issue on September 4, 2012 at 7 p.m. CITY MANAGER'S REPORTS 7. 2011 Year -End Medical Insurance Report Dan Fisher, CEO of EMSPRING, the City's health insurance consultant, presented a power point presentation on the City's 2011 Health Care Plan and 2012 current status of the plan. He stressed the City should focus on health, not sickness 8. Presentation of the 5 Year Financial Plan Finance Director Cindy Epperson gave a Power Point presentation on the City's 5 -Year Financial Plan. City Manager O'Rourke noted they are projecting a series of deficits, which cannot be tolerated; therefore, the City needs to take steps now and still meet the service needs of the community. 9. Resolution authorizing an amendment to the Ellensburg -Yakima Commuter Service Contract with HopeSource to increase the fare for the service provided between the cities of Yakima and Ellensburg, WA. Public Works Director Chris Waarvick briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. 2012-106, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amendment to the Ellensburg -Yakima Commuter Service Contract to increase the fare for the service provided by HopeSource between the cities of Yakima and Ellensburg, WA. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Adopted 5-0 Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . 10. Resolution authorizing the implementation of a user fee for the "Beyond the Bell" after school program. Parks and Recreation Manager Ken Wilkinson briefed Council on the issue The City Clerk read the resolution by title RESOLUTION NO. 2012-107, A RESOLUTION approving and establishing user fee for the "Beyond the Bell" program administered by the Parks and Recreation Division, and authorizing and directing the City Manager to incorporate the user fee for such program into the Parks and Recreation Fee Schedule. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Adopted 5-0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover Council Members Absent: Coffey , Ensey . ORDINANCES 11. Ordinance amending Chapter 1 18 YMC pertaining to reorganization of administrative departments and functions of the City of Yakima. City Manager O'Rourke briefed Council on the proposed reorganization. Council Member Lover stated he is in favor of this, as he believes it makes sense with logical assignments. The City Clerk read the ordinance by title. Page 4 of 5 ORDINANCE NO. 2012-32, AN ORDINANCE relating to administrative departments of the City of Yakima; amending Chapter 1.18 of the Yakima Municipal Code, reorganizing administrative departments. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Passed 5-0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . 12. Consideration of legislation authorizing an organizational restructure representing a flatter business model that is strategically focused and customer centered, and (b) approving an ordinance amending the Classification and Compensation Plan for certain City employees specifically Subsection A of Section 2.20.100 and Subsections A and E of Section 2.20.110 of the City of Yakima Municipal Code City Manager O'Rorke briefed Council on the issue and noted they have a revised ordinance, which includes a change of pay for the Chief of Police. The City Clerk read the ordinance by title. ORDINANCE NO. 2012-33, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective September 23, 2012; amending Subsections 2.20.100A, 2.20.100B, 2.20.100C, 2.20.100D, 2.20.110A, and 2.20.110B, all of the City of Yakima Municipal Code. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Passed 5-0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover Council Members Absent: Coffey , Ensey . 13. Other Business None. 14. Adjournment The meeting adjourned at 7:55 p m. to a City Council Retreat on August 28, 2012 at 9 a m. at the Convention Center, Suites 100-300. Motion: Adjourn, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Carried 5-0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 5 of 5 YAKIMA CITY COUNCIL STUDY SESSION August 28, 2012 Yakima Convention Center Suites 100-300 9 a.m. to 3 p.m. City Council Retreat regarding Strategic Planning 4- Back 8 Print 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Claar Tee Facilitator: Mike Levinson 2. Strategic Planning City Manager O'Rourke introduced Mike Levinson as the facilitator. Mr Levinson reviewed a Power Point presentation with Council. City Manager O'Rourke reviewed the preliminary results on the citizen survey, which the Council discussed. The Council by consensus created the following Strategic Priorities: • Built Environment o Infrastructure o Cleanliness o Aesthetics Economic Development o Mill Site o Airport o Downtown • Public Safety o Crimes against property/auto thefts o Gangs o Downtown Public Trust & Accountability o Financial sustainability (communications and marketing) o Responsive customer service Partnerships o Leverage (money/assets, HR, regulations, real estate/land) 3. Adjournment The meeting adjourned at 1:50 p.m. to the next Council Business meeting on September 4, 2012 at 6 p m. in the Council Chambers Page 1 of 2 Motion: Adjourn, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey. Carried 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 2of2 YAKIMA CITY COUNCIL September 4, 2012 Council Chambers -- City Hall 5:30 - 6 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES lel • Back 8 Print f EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Kathy Coffey, Rick Ensey, Dave Ettl and BiII Lover Absent: Council Member Sara Bristol (excused) 2. Executive Session regarding prospective litigation and real estate or land and property considerations. Executive Session was held and adjourned at 6 p.m. BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee Absent: Council Member Sara Bristol (excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations i. United Way Proclamation Mayor Cawley read the proclamation. Mike Broadhead with United Way accepted the proclamation, discussed Day of Caring and thanked the City for their participation. B. Status reports on prior meeting's citizen service requests i. Wastewater Division response to David Lawrence of Holtzinger Fruit Mayor Cawley accepted the response and noted Mr. Lawrence was not in attendance at the Page 1 of 5 meeting. He requested City Manager O'Rourke touch base with Mr. Lawrence. C. Appointments to Boards, Commissions and Council Committees i. Recommendation from Council Nominating Committee to appoint the following: Dennis Klingele -- Airport Board and Morgan Pualani -- Parks and Recreation Commission Youth Position Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 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 items were removed from the consent agenda. *Resolution authorizing an Agreement with Sportsites, Inc. for Web Hosted Program Registration Services for Yakima Parks and Recreation. *Resolution authorizing Sole Source procurement between the City of Yakima and BioBagUSA for the purchase of Biodegradable Leaf Bags for the Fall Leaf Program. 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 Assistant Mayor Maureen Adkison Carried 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . A. Consideration of approval of City Council Meeting Minutes i. City Council minutes from the July 24 and 31, 2012 Adjourned City Council Study Sessions. The minutes of the July 24 and 31, 2012 Adjourned City 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. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol B. Final Contract Payment for Columbia Asphalt & Gravel, Inc. - Fire Station 95 - Pavement Repair (Standard Motion V -B -Accept the project and approve the final payment) The report from the City Engineer, dated August 14, 2012, with respect to the completion of the work on the Fire Station 95 Pavement Repair, performed by Columbia Asphalt and Gravel, Inc., was approved, the work accepted and payment of the final estimates as therein set forth was authorized. C. Set October 2, 2012 as the date for the 2012 Comprehensive Plan Amendment Hearings October 2, 2012 was set as the date for the 2012 Comprehensive Plan Amendment Hearings D. Set October 2, 2012, for a Closed Record Public Hearing for Text Amendments to YMC Title 15 October 2, 2012 was set as the date of a closed record public hearing for Text Amendments to YMC Title 15. Page 2of5 E. Resolution authorizing a Revocable License Agreement with Nob Hill Water Association (Licensee) providing for installation, attachment and maintenance of automated water meter reader equipment to City light poles, and/or utilizing City right-of-way for equipment installation and maintenance. RESOLUTION NO. R-2012-108, A RESOLUTION authorizing the City Manager to execute a Revocable License Agreement between Nob Hill Water Association (Licensee) and the City of Yakima, governing Licensee's installation, attachment and maintenance of water meter reader transmitters and/or repeaters to City Tight poles, and/or Licensee's placement of poles within the City right-of-way, all as support infrastructure for Licensee's automatic water meter reader system. F. Resolution authorizing a Ten Month School Resource Officer Agreement with the Yakima School District for four (4) School Resource Officers. RESOLUTION NO. R-2012-109, A RESOLUTION authorizing the City Manager of the City of 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 2012-2013 school year. G. Resolution approving Amendment of Soccer Complex Lease Agreement between the City of Yakima and the Harriet I. Perry Trust (J.M. Perry) RESOLUTION NO. R-2012-110, A RESOLUTION approving amendment to J.M Perry Soccer Complex Lease Agreement and authorizing the City manager to execute on behalf of the City of Yakima. 5. Audience Participation Bruce Grow, Ellensburg, with the Church of Jesus Christ of Latter Day Saints shared the Day of Caring activities their Church has planned in the City of Yakima and thanked the City and community for participating. Candie Turner, 7800 W. Mead Avenue, Yakima, noted she believes the City is headed in the right direction with our new City Manager and Police Chief. She complained about Code violations at 1106 S. 80th Avenue and requested the City have a DOC crew clean it up Doug Lemon, 206 N. 6th Avenue, Yakima, complained about City employees and the water at his daughters house. He indicated she hasn't had a water bill in years, and her 10 year old hot water tank recently had to be replaced and suggested the City pay for it. He also complained about sewer charges, and noted he hooked up nine duplexes to City sewer when he had a permit to hook up one duplex. Bill Duerr, 3206 W. Yakima Avenue, Yakima, requested an updated report from the Fire Department on brown -outs and expressed his concern for City liability with people climbing into the new artwork in front of the Larson Building PUBLIC HEARINGS 6. Public Meeting to consider citizen comments on the proposed 2013 Annual Action Plan for Community Development Block Grant (CDBG) and HOME Fund Programs Archie Matthews, ONDS Manager, briefed Council on the hearing. Mayor Cawley opened the public hearing and with no one coming forward to speak, closed the hearing. Mr. Matthews stated they will proceed with the 30 day written comment period, and this will be on the October 2, 2012 agenda for another public hearing and action by Council. 7. Public Hearing and Resolution adopting proposed Findings of Fact supporting enactment of moratorium regarding adult entertainment and adult entertainment businesses. Assistant City Attorney Mark Kunkler briefed Council on the hearing. Mayor Cawley opened the Page 3 of 5 public hearing and with no one coming forward to speak, closed the hearing. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-113, A RESOLUTION adopting Findings of Fact supporting a six- month moratorium, enacted July 17, 2012 pursuant to emergency Ordinance No. 2012-26, prohibiting the filing, receipt, processing and approval of land use applications for establishment and operation of adult entertainment and adult entertainment businesses; exempting businesses for which a complete application was pending on the effective date of the moratorium or which were legally in existence at such time; directing development of comprehensive zoning and business regulations for such uses; providing that the moratorium shall be in existence through January 15, 2013; and declaring an emergency providing for immediate effective date. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6-0. Council Members voting Aye: Adkison , Cawley„ Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . CITY MANAGER'S REPORTS 8. Resolution authorizing an Agreement with Sportsites, Inc. for Web Hosted Program Registration Services for Yakima Parks and Recreation Council Member Lover stated his concerns with the contract not going through a bidding process and awarded to an out-of-state company. Parks and Recreation Manager Ken Wilkinson briefed Council on the contract and stated the $5,000 cost will be funded from a user fee; therefore, there is no cost to the City. The City Clerk read the resolution by title RESOLUTION NO. R-2012-111, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and Sportsites Inc , to provide Web Hosted Program Registration Services for City of Yakima Parks and Recreation programs and activities. Motion: Approve, Moved by Council Member Dave EttI, Seconded by Council Member Kathy Coffey Adopted 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 9. Resolution authorizing Sole Source procurement between the City of Yakima and BioBagUSA for the purchase of Biodegradable Leaf Bags for the Fall Leaf Program Refuse Manager Nancy Fortier briefed Council on the item and distributed brochures, which will be included in utility bills on the Fall Leaf program Council Member Ettl questioned if there were local companies who could provide the same product. Ms. Fortier noted this company is the only one who uses fully bio degradable bags and are the only bags accepted by Yakima County Solid Waste. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-112, A RESOLUTION authorizing the purchase of biodegradable leaf bags from BioBagUSA to be used for the Fall Leaf Program, as a Sole Source purchase without calling for bids. Motion: Approve, Moved by Council Member Dave EttI, Seconded by Assistant Mayor Maureen Adkison. Adopted 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , EttI , Lover . Council Members Absent: Bristol . 10. Resolution authorizing the execution of a Promissory Note Modification Agreement to extend the final payment by United Builders of Washington, Inc. for repayment of a CDBG loan, said loan being secured by The Seasons Music Hall property together with the personal guarantees of J Page 4 of 5 Patrick Strosahl and Stephen R. Strosahl. City Attorney Jeff Cutter briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-114, A RESOLUTION authorizing the execution of a Promissory Note Modification Agreement to extend the final payment date of indebtedness owed to the City by United Builders of Washington, Inc. resulting from a loan of certain CDBG funds the City previously provided to United Builders of Washington, Inc., said loan being secured by certain real property owned by United Builders of Washington, Inc. commonly known as The Seasons Music Hall and by the personal guarantees of J. Patrick Strosahl and by Stephen R. Strosahl. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison Adopted 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 11. Resolution authorizing the execution of a Work Out Agreement to resolve and retire indebtedness to the City resulting from certain HUD Section 108 Loans provided to TrailWagons, Inc , said loans secured by certain real property owned by Chinook Business Park, LLC and by the personal guarantee of Gary and Mary Lukehart. City Attomey Jeff Cutter briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-115, A RESOLUTION authorizing the execution of a Work Out Agreement to resolve and retire indebtedness to the City resulting from certain HUD Section 108 Loans the City previously provided to TrailWagons, Inc., said loans being secured by certain real property owned by Chinook Business Park, LLC and by the personal guarantee of Gary and Mary Lukehart. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . 12. Other Business Mayor Cawley questioned if there was any follow-up to the Council Retreat. City Manager O'Rourke noted he will have information for Council in approximately 2 weeks relating to the Strategic Priorities. 13. Adjournment The meeting adjourned at 7:15 p m to a Council Study Session on September 11, 2012 at 10 a.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6-0. Council Members voting Aye: Adkison , Cawley , Coffey , Ensey , Ettl , Lover . Council Members Absent: Bristol . CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 5 of 5 YAKIMA CITY COUNCIL STUDY SESSION September 11, 2012 Council Chambers -- City Hall 10 a.m. Council Study Session regarding Downtown Issues MINUTES 4- Back 8 Print 1. Roll Call Council. Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Claar Tee 2. Discussion regarding Downtown Parking *Parking Commission*Parking lots*On street parking City Manager Tony O'Rourke discussed downtown parking issues with Council and based upon the citizen survey suggested eliminating or changing the parking lot ticket machine in order to provide 4 hour free parking. Citizens with parking permits would be moved to private parking lots and proper enforcement would ensure no "camping" in the lots by employees of the downtown core The City Manager also recommend disbanding the City's Parking Commission and instead Council would have oversight of parking issues. Mayor Cawley requested citizen input on the issue. Joe Mann, 6 N. 3rd Street, Yakima, noted he thinks free parking for his customers would be great. However, he has concerns about people taking advantage of the situation. 3. Discussion regarding Special Events City Manager O'Rourke noted citizens need more reasons to visit downtown He would like to see more functions downtown after hours and provide more of a sense of security with Yakima Police Department bicycle patrols. Council discussed the idea in more depth. 4. Discussion regarding 4th Street City Manager O'Rourke suggested closing portions of 4th Street by the Capitol Theatre's Black Box to create a public pedestrian plaza, where most events could be held. This would be a tempoary closure with removable bollards in order to maintain emergency access. In addition, the City should require a deposit for events, which would be refundable provided the event holders cleaned up after their events and followed guidelines that would be in place. The Council commented favorably on the vision 5. Discussion regarding Design Standards City Manager O'Rourke questioned if Council has interest in looking at in depth design standards for the downtown area. Council discussed the issue in depth and suggested a possible moratorium on downtown while development standards are proposed City Manager O'Rourke noted it is important to create a standard, have clear written guidelines as the current standards Page 1 of 2 are very broad. Council Member Ensey stated he is not opposed to a discussion on standards; however, he is concerned about property rights. Council Member Coffey stressed the importance of having a definition in their minds about design standards. 6. Discussion regarding Downtown Public Safety Update City Manager O'Rourke referred to items in the Council packet on public safety. The Police Chief will be utilizing full time bike patrols in the spring time to have a physical presence in the downtown area, especially in the evenings during special events 7. Discussion regarding Assessments*Current status*Tiered method*Exempt properties*Zones*Business license linkage City Manager O'Rourke suggested some changes to the Downtown Yakima Business Improvement District (DYBID) assessment, such as decreasing or eliminating zone 2. He proposed a two-tier assessment by way of businesses with vacancies who have been adversely affected by the recession should be given a lesser assessment rate than those with occupied space. Council Member Bristol mentioned she would like to hear the DYBID Advisory Board's opinion on the issue. Brad Christianson, Chair of the DYBID Advisory Board noted they had a late start in the year and were not able to assist in the planting basket bidding process. They are in a discussions about what to recommend and will report back to Council Council discussed the issue further and noted they appreciated City Manager O'Rourke's leadership. 8. Adjournment The meeting adjourned at 11:04 a.m to the next Council Business meeting on September 18, 2012 at 6 p m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 2 of 2