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Home My WebLink About05/03/2011 Business Meeting 486 YAKIMA CITY COUNCIL MAY 3, 2011 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session • Prospective Litigation • Pending Litigation Executive Session adjourned at 5:48 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover ' Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations 1. National Day of Prayer Mayor Cawley read the National Day of Prayer proclamation. Michelle Strobel accepted it and thanked the City. She related many activities surrounding the event, and advised that White Swan is having a National Day of Prayer as well, which has never happened on the YAKAMA reservation before. Assistant Mayor Coffey questioned the change of title from the "Mayor's Prayer Breakfast." Ms. Strobel responded that since it is not a political event, it was changed to be inclusive and not deter people due to politics. Assistant Mayor Coffey expressed how meaningful it was to have people pray for the City leaders when it was called the Mayor's Prayer Breakfast. • 2. Historic Preservation Month Assistant Mayor Coffey read the Historic Preservation Month proclamation. Members of the Historic Preservation Commission, Nancy Kenmotsu and Jennifer Wilde - McMurtrie, accepted the proclamation and discussed the many benefits Historic Preservation provides communities. Ms. Wilde - McMurtrie 487 May 3, 2011 mentioned the historic division walking maps are one of the biggest attractions at the Visitor Center. C. Presentations / recognitions /introductions —None D. Status reports on prior meeting's citizen service requests —None E. Appointments to Boards, Commissions and Council Committees Mayor Cawley stated this Committee will be meeting soon to make appointments and requested citizens to submit applications for the City's various Boards /Commissions. 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. Items 9, 11 and12 were added to the consent agenda. Item 13 was removed from the consent agenda and Item 10 was deferred for thirty days. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. MOVED BY COFFEY AND SECONDED BY ENSEY TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion *A. Consideration of approval of City Council Meeting Minutes • Business Meeting – March 1, 2011 The minutes of the March 1, 2011 Business Meeting 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 1. City /County Intergovernmental Committee – April 12, 2011 • Consideration of a recommendation from the Intergovernmental Committee and Economic Development Committee regarding Yakima County Streetscape Project Acting Assistant City Manager Morales reviewed the proposal from Yakima County to continue streetscape improvements on the block surrounding the County Courthouse. They are asking the City to again participate in this project to maximize funding to complete the job. The County needs a commitment from the City to put this project out to bid. The City would take responsibility, through a zero - interest loan from the County, to repay their portion over five years at approximately $53,000 each year. MOVED BY ETTL AND SECONDED BY ENSEY THAT WE ACCEPT THE TERMS OF THIS PROPOSAL TO CONCLUDE OUR PORTION OF 9 AND "A" STREETS AS PART OF THE COUNTY'S REFURBISHMENT PROJECT. The motion carried by unanimous roll call vote. City Manager Zais pointed out that there will be a resolution coming for a final legal step with the County. 2 488 May 3, 2011 *2. North First Street Committee — April. 14, 2011 The Council committee meeting minutes were approved. 5. Audience Participation Deanna Pemberton thanked the Council for continuing to pray at their meetings. She believes prayer is her constitutional right and stated she has hired an attorney to contact the City regarding this right. Tom McCormick spoke about how nice it would be to have an Amtrak passenger train come through Yakima. He also wanted to remind the community to lock their doors as he believes his radio was stolen while he was sleeping. Firefighters Tom Schneider, Russell Reser and Bill Lealos of the Yakima Fire Department spoke about an event the Fire Department is conducting on Saturday, May 14, 2011, from 11 a.m. to 2 p.m. at Station 95, 807 E. Nob Hill. They are hosting their first annual Firefighters Fair, and the purpose of the event is to show the community the many capabilities of our Fire Department. There will be activities and demonstrations throughout the day. This event will be conducted by off -duty firefighters. 7:00 P.M. — PUBLIC HEARINGS 6. Public Meeting and consideration of a Resolution approving the final plat of Mountain View Estates Assistant Planner Joseph Calhoun reviewed the final plat and stated staff • recommends approval. • Mayor Cawley opened the public meeting and with no one coming forward to speak, closed it. The City Clerk read the resolution by title; ADKISON MOVED AND ENSEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2011 -61, A RESOLUTION approving the final plat of Mountain View Estates and authorizing the Mayor to sign the final plat. 7. Closed Record Public Hearing concerning the preliminary plat of Apple Blossom Phase VII submitted by United Builders Associate Planner Jeff Peters gave opening statements regarding the closed record public hearing being held to consider the Hearing Examiner's recommendations. City Attorney Cutter reminded the Council they must reveal any ex parte contact on this closed record hearing. There were no comments. 3 489 May 3, 2011 • Mayor Cawley opened and closed the public hearing with no one coming forward to speak. EDLER MOVED AND ENSEY SECONDED TO ACCEPT THEHEARING EXAMINER'S DECISION AND DIRECT LEGAL STAFF TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous voice vote. CITY MANAGER'S REPORTS 8. Report form Yakima Fire Department regarding Tiered Response Protocols and Statistics Report Interim Chief Willson discussed the report he provided to Council regarding his decision on the tiered response issue. He stated it was a simple decision for him to make based on the welfare of the citizens and the liability to the City. Council Member Edler said the report was not what he anticipated and may not answer questions from the community. He requested the Council Public Safety Committee to look at best practices in other areas for tiered response as he thought tiered response would be the answer to some of the critical costs facing the City. Council Member Lover agreed and asked for last month's numbers since they were not included in the report. Interim Chief Willson stated, due to the software change to the Spillman system, it may take some time to get those numbers. EDLER MOVED AND COFFEY SECONDED TO ACCEPT THE REPORT AND ASK THE COUNCIL PUBLIC SAFETY COMMITTEE TO INVESTIGATE OTHER TIERED RESPONSE PROGRAMS AND HELP TO DISCERN IF TIERED RESPONSE IS VIABLE FOR US. The motion carried by unanimous voice vote. *9. Report from Community and Economic Development regarding NEPA review on street light placement. The report from Community and Economic Development regarding NEPA review on street light placement was accepted. 10. -- • - - . - .ee e •• „ -_ • - •- .- . - Hi Planes rn • 9 , • • - 0 - - • - _ _ _ - _ adding thc City of Yakima Maple Street Incinerator, a property designated by thc Yakima Historic Preservation Commission under Chapter 11.62 of thc City of .. - -_ - - - ' -- ' --e -- - controls upon construction, renovation and /or repair thereof. This item was deferred for 30 days. *11. Consideration of a Resolution authorizing execution of an agreement with For a Better Tomorrow (FABT) to raise funds and private donations for pedestrian bridge replacement at Randall Park 4 490 May 3, 2011 RESOLUTION NO. R- 2011 -62, A RESOLUTION authorizing and directing the City Manager to execute an agreement between the City of Yakima and For A Better Tomorrow (FABT), a Washington Nonprofit Corporation, for the purpose of seeking contributions from donors to fund pedestrian bridge construction at Randall Park. *12. Consideration of a Resolution authorizing execution of a contract with Pharmer Engineering for design and construction services at the Wastewater Treatment Plant RESOLUTION NO. R- 2011 -63, A RESOLUTION authorizing the City Manager to execute an agreement with Pharmer Engineering and City of Yakima for design and construction services at the Wastewater Treatment Plant. 13. Consideration of a Resolution authorizing execution of a contract with the 4th of July Committee Mayor Cawley questioned why the contract states we pay the funding after the fact. City Manager Zais said in the past we have paid them after being billed for the service. This funding is not a gift; it is a contract for services based on public services. As a municipal endorsement, the City provides personnel from police, fire and transit, which distinguishes it from different types of funding requests the City receives. Council Member Lover questioned why this is a three -year agreement. City Manager Zais stated it is a budgetary item Council can approve each year if desired. City Attorney Cutter added that the language was based on a previous contract, which required action from Council each year. CAWLEY MOVED AND COFFEY SECONDED TO APPROVE THE RESOLUTION. Mayor Cawley and Assistant Mayor Coffey also thanked Union Gap for their support for this event. The motion carried by a 4 -3 roll call vote with Ensey, Lover and Edler voting no. RESOLUTION NO. R- 2011 -64, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima Fourth of July Committee regarding July 4 fireworks displays. *14. Consideration of a Resolution adopting a set of bylaws for the Yakima City Planning Commission RESOLUTION NO. R- 2011 -65, A RESOLUTION establishing a set of bylaws for the City of Yakima's Planning Commission. *15. Consideration of a Resolution authorizing a sole source service agreement with Ovivo USA, LLC (formally Eimco Water Technologies) to remove, rebuild and re- install 4 Dorr - Oliver drive units over a two to four year time frame RESOLUTION NO. R- 2011 -66, A RESOLUTION authorizing a sole source service agreement between the City of Yakima and Ovivo USA, LLC. (formally Eimco Water Technologies, LLC.) to remove, rebuild, and re- install 4 Dorr Oliver Drive Units over a two to four year time frame without bids. 5 491 May 3, 2011 *16. Consideration of a Resolution authorizing execution of an agreement with the Washington State Department of Ecology for assessment of its Underground Injection Control (UIC) wells, development of a long -term UIC retrofit program RESOLUTION NO. R- 2011 -67, A RESOLUTION authorizing the City Manager to execute a Fiscal Year 2011 Stormwater Retrofit and LID Grant Agreement with the Washington State Department of Ecology for assessment of its Underground Injection Control (UIC) wells, development of a long term UIC retrofit program and authorization for the City Manager to sign other documents pertaining to the Ecology grant process. *17. Consideration of a Resolution setting date of public hearing for May 17, 2011 regarding the intent to modify the Yakima County Tourist Promotion Area Ordinance RESOLUTION NO, R- 2011 -68, A RESOLUTION relating to business regulation; stating the intent of the City Council to set the date of May 17, 2011 for a public hearing to consider modification of YMC 5.99 of the City of Yakima Municipal Code (hereafter "Tourist Promotion Area ") by revising the ordinance to reflect the decision of the city of Union Gap and the city of Selah to terminate their participation in the Tourism Promotion Area; and to make the necessary adjustments in membership and assessment provisions relevant to said termination. ORDINANCES 18. Consideration of Legislation regarding parking infractions: A. Resolution approving procurement via sole source of a digital parking infraction System Public Works Director Waarvick said this system would replace a patchwork system in Finance. There are costs associated with implementing the system; however, Finance reports there are sufficient revenues to purchase it. Council Member Edler asked if the Committee for Downtown Yakima or the Parking Commission recommended the proposal and the increase in ticket costs. Mr. Waarvick stated they approved the full package for Council consideration, but the highest priority of the proposal is to replace the old system. Council Member Adkison asked if we could purchase the system and then look at the revenues to determine if the cost of tickets should be increased. Mr. Waarvick stated that is viable; however, staff continues to recommend the fee increase, but more importantly is the need to purchase new equipment. Council Member Ensey stated it sounded like a more efficient system, but efficiencies should pay for itself. The City Clerk read the resolution by title; EDLER MOVED AND ADKISON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. 6 492 May 3, 2011 RESOLUTION NO. R- 2011 -69, A RESOLUTION authorizing the City Manager to purchase VcitePlus brand products from Velosum, Inc. for a digital parking ticket writing system, for a purchase price not to exceed $15,000 (plus sales tax) as a sole source purchase without calling for bids, and further directing the City Manager to execute all appropriate and necessary documents to complete the purchase and transaction B. Ordinance amendments changing the parking infractions in YMC 9.60.030 from $20 to $25 Council Member Edler believes there is a long- standing problem in the downtown core with employees using customer parking spots and this fee increase will be a deterrent. Also, as we look at revenue sources they are needed to pay for the costs associated with sustaining the system. EDLER MOVED AND ADKISON SECONDED TO APPROVE THE ORDINANCE. The motion failed by a 4 -3 roll call vote with Lover, Coffey, Cawley and Ensey voting no. 19. Other Business • Mayor Cawley spoke about the draft community profile prepared by Mr. Baenziger for the city manager search and noted the time line was moved back. Council Member Adkison stated she believes it needs editing to remove some redundancies and she took exception to the last paragraph about the council wanting to "low ball" the compensation. Assistant Mayor Coffey said she thought the starting wage is low and should be increased by $20 -- $30,000. Council Member Edler agreed there are some revisions that need to be made, specifically the inaccuracy of the reference to the street bond. Council Member Lover stated he thinks the salary range should be between $135- 175,000 and agreed that the last sentence should be removed from the compensation section. Council Member Ettl suggested each Council member edit their version for further review. Assistant Mayor Coffey suggested Randy Beehler could work on the changes; Mayor Cawley stated he will ask Mr. Baenziger and staff to work on it as well. • Council Member Edler mentioned he and Council Member Adkison had met with Bears representatives and City staff with regard to some issues recently discussed. He personally has a goal of trying to keep the Bears in the region and thinks it will require something from the City. • Council Member Edler stated he believes there are more options available to repair streets than a street bond. He asked Council to allow him to present other alternatives, which Council agreed to do. City Manager Zais mentioned this item is on the agenda for the next Council Transit/Transportation Committee meeting. Mayor Cawley stated he will be unable to attend that meeting and asked Council Member Edler to take his place. • Council Member Ettl gave a quick update on the Gang Free Initiative indicating they have made progress since the recent retreat and will soon be completing the assessments. A grant opportunity was unsuccessful, but they are pursuing another grant in cooperation with the County. Assistant Mayor Coffey mentioned 7 493 May 3, 2011 the information derived by the student assessments gives a better idea of risk - taking behaviors with which the City has had to deal with. 20. Adjournment ENSEY MOVED AND COFFEY SECONDED TO ADJOURN. The motion carried by unanimous voice vote. The meeting adjourned at 7:24 p.m. READ AND CERTIFIED ACCURATE BY epee ( G/ /��/ ✓111 ' F -/ ) , 'O NCIL MEMBER DATE / (1 5 COUNCIL MEIVI ' ATE ATTEST: A4 , / ./.4.— .4., AL. f ' l a. .1rAld . t; CITY CLERK MICAH CAWLEY, AYOR Minutes prepared by Sonya Claar Tee. A CD and DVD of this meeting are available in the City Clerk's Office 1 8