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HomeMy WebLinkAbout01/08/2013 04Ai Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. y►, For Meeting of: January 8, 2013 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: SUMMARY EXPLANATION: Resolution Contract: Contract Term: Insurance Required? No Funding Source: APPROVED FOR SUBMITTAL: City Council minutes of October 2 and 16; November 6 and 20; December 4 and 11, 2012 Adjourned City Council Business meetings and of October 9 and 23 and November 27, 2012 Adjourned City Council Study Sessions and October 30 and November 15, 2012 Adjourned City Council Special Meetings/Study Sessions. Sonya Claar Tee, City Clerk Sonya Claar Tee, 575-6037 Ordinance Mail to: Amount: STAFF RECOMMENDATION: BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ 10-2-12 ❑ 10-9-12 ❑ 10-16-12 Other (specify) Expiration Date: Phone: City Manager ❑ 10-23-12 ❑ 10-30-12 ❑ 11-6-12 ❑ 11-15-12 ❑ 11-20-12 ❑ 11-27-12 ❑ 12-4-12 ❑ 12-11-12 YAKIMA CITY COUNCIL October 2, 2012 Council Chambers -- City Hall 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES N4- Back Print wx:Ratz4-tste BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison (left at 6:55 p.m.), Council Members Sara Bristol, Rick Ensey, Dave Ettl, Kathy Coffey (left at 6.45 p m.) and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear 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 Council Member Ensey participated in Tough Mudder contest in Black Diamond last weekend and informed the community of similar event, the Pirate Plunder, which is in Yakima this coming weekend and encouraged community participation 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 Assistant Mayor Maureen Adkison Carried 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover A. Resolution authorizing Radio Console Purchase Agreement. RESOLUTION NO. R-2012-120, A RESOLUTION authorizing the City Manager to execute an agreement between Motorola Solutions, Inc. and City of Yakima for acquisition of public safety communications equipment, installation and services B. First reading of Ordinance amending the 2012 Budget and making appropriations in the 477 -Domestic Water Improvement fund to repair Kissel well motor and panel (no action Page 1 of 5 required at this meeting; second reading scheduled October 16, 2012). An Ordinance amending the 2012 budget and appropriating funds, was read by title only, and laid on the table until October 16, 2012 for a second reading. AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations of $205,000 within the 477 - Water Improvement Fund, for expenditure during 2012 to repair the Kissel Well. 5. Audience Participation Charles Noel, 1101 N. 4th Street, Yakima, spoke'in favor of the Library blocking pornography but was disappointed in their resistance. He expressed his disappointment on how the City handled the property on 2nd and Yakima Avenue and spoke in opposition to the money to be spent on the Boise Cascade property. Lynne Kittelson, 305 N 9th Street, congratulated Council Member Ensey on his completion in the Tough Mudder Race. She mentioned concerns with the speed limit on Yakima Avenue and noted the banners along Yakima Avenue are intentionally placed on the inside of the sidewalk due to semi -trucks hitting them, and they are now blocked by various signs or trees. She suggested semi -trucks be kept off of Yakima Avenue. She would like to see more garbage cans and benches along the streets downtown and also discussed her desire for design standards. Jeremy Rodriquez, IAFF President, 401 N Front Street, Yakima, informed Council and the community that next week is Fire Prevention Week, and invited everyone to attend the spaghetti feed on October 10 Proceeds will benefit the American Red Cross. Candie Turner, 7800 West Mead Avenue, Yakima, spoke in favor of the Cascade Mill Site and strongly supports having a project manager She congratulated Mr. Ensey on the Tough Mudder race PUBLIC HEARINGS 6. Closed Record Public Hearing and Ordinance to consider the City of Yakima Planning Commission's recommendation on text amendments to the City of Yakima's Urban Area Zoning Ordinance Title 15. Associate Planner Jeff Peters reviewed the amendments stated in the ordinance. The Planning Commission approved this amendment in August. The Central Washington Homebuilders Association submitted a letter in favor of the amendment, which he provided to the City Clerk. Mayor Cawley opened the public hearing, and with no one coming forward to speak, closed the public hearing. The City Clerk read the ordinance by title. ORDINANCE NO. 2012-34, AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.04 Table 4-1, 15.05 Table 5-2, 15.05 030 (B), 15.05.055, and 15.06.050 (D). Motion: Approve, 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 . 7. Closed Record Public Hearing and Ordinance on the 2012 Comprehensive Plan Amendments and Rezones. Supervising Planner Bruce Benson reviewed the ordinance amendments. Page 2 of 5 Mayor Cawley opened the public hearing. Bill Hordan, 410 N. 2nd Street, Yakima, stated his office submitted all 5 of the applications He addressed the first 3 applications, WA Fruit, Living Care/West Valley Nursing home and Yakima Venture Capital. He noted all 3 are recommended for approval, with no opposition, and staff and the Planning Commission recommend approval The 4th application submitted by Living Care/West Valley Nursing Homes and Wayne Clasen/Appleland Investments, had one neighbor who spoke in opposition at the second public hearing, until he received further assurance, and then he was ok with the change. The Planning Commission agreed with the development agreement, which will be brought back for Council consideration. Mr. Hordan encouraged the Council to approve it subject to the development agreement. The 5th application was more difficult, regarding property located near 31st and Nob Hill A couple owns the property and has a business in Moxee cleaning carpets. There is a 700 SF shop with direct access to Nob Hill. The owners would like to have a business located in the shop, by appointment only, for pick up and delivery; however, there is some neighborhood opposition. Mr Hordan recommended Council overturn the Planning Commissions recommendation and approve the rezone. Thomas Brown, stated he is one of the neighbors in opposition of the rezone, and referenced a petition that all the neighbors signed. Their biggest concern is once it is rezoned to B2, it will not be changed back and anything can happen to the property. Bill Hordan further discussed the access points to the residence. Mayor Cawley closed the public hearing The City Clerk read the ordinance by title Council discussed the issues associated with the 5th application. Ensey moved and Lover seconded to approve all amendments and remand the Lochhart/Rockstool parcel back to the Planning Commission. ORDINANCE NO. 2012-35, AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of the property located in the vicinity of the 1500 block of N 6th Avenue to Industrial and zoning to M-1, Light Industrial, Assessor's tax parcel numbers 181312-31005, 31007, 34400, 34401, 34402, 34403, 34404, 34405, 34406; changing the classification of property in the Vicinity of the 300 block of N 40th Avenue to High Density Residential and zoning to R-3, Multi -family Residential Assessor's tax parcel numbers 181322- 13025, 13071, 13073; changing the classification of property located at 714 S 6th Street to Neighborhood Commercial and zoning to B-2, Local Business, Assessor's fax parcel number 191319-43507, changing the classification of property located in the vicinity of the 8400 block of Occidental Road to High Density Residential and zoning to R-3, Multi -family Residential, Assessor's tax parcel numbers 181206-21001, 21005, 21007, 21401, 21402. Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Passed 5-0. Council Members voting Aye: Bristol , Cawley , Ensey , Ettl , Lover . Council Members Absent: Adkison , Coffey . CITY MANAGER'S REPORTS 8. Resolution authorizing the City Manager to execute all applicable amendments to extend the current contract with Magallan Consultancy through the end of 2012. City Manager Tony O'Rourke brought this contract forward to be in line with the current budget cycle process. He informed Council that a very detailed action plan will be provided to Council in November. Council Member Lover stated his concerns about the partnerships with Parks, Police, Community Service and ONDS and is unclear how they intersect with GFI. He questioned Page 3 of 5 whether the City should be the lead agency in charge of this process, and suggested Council review the Becca law and consider the School District overseeing this program. He would also like to see a comprehensive plan for GFI, and a complete detailed organization operational plan for the truancy model. He would also like to know where the courts fit in, the responsibilities of the School District, and the GFI funding source. Council Member Ettl observed the level of investment already put into GFI and he noted this is a plan to coordinate efforts. Council Member Bristol mentioned they have more questions that need answers and they need to know where this is going Council Member Coffey noted the Council has been provided with numerous reports and information on the project and she would like to move forward on this. Bristol moved and Ensey seconded to amend the resolution and extend the contract term to November 6, 2012. The motion failed with Adkison, Cawley, Coffey and Ettl voting no. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-121, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amendment of Agreement Between the City of Yakima and Magallan Consultancy to extend the GFI Planning/Consulting and Coordination contract to the end of 2012. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Kathy Coffey. Adopted 6-1 Council Members voting Aye. Adkison , Bristol , Cawley , Coffey , Ettl , Lover . Council Members voting Nay: Ensey . 9. Resolution adopting the Managed Competition structured process as outlined in the Managed Competition Guide. City Manager O'Rourke thanked Purchasing Manager Sue Ownby for putting together the managed competition structured guideline Managed guidelines are set to ensure value, lower costs and provide fair and equitable competition with the public as the winner receiving better services at a lower cost. Mayor Cawley questioned the fairness of the process when the city is involved with a project and must submit a bid. City Manager O'Rourke explained that the employee's will have a segregation between the public and private to keep the integrity high and make sure it is a fair and equitable process. The City Clerk read the resolution by title RESOLUTION NO. R-2012-122, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to adopt and execute the structured process outlined in the Managed Competition Guide. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6-0 Council Members voting Aye: Adkison , Bristol , Cawley , Ensey , Ettl , Lover . Council Members Absent: Coffey 10. Other Business Council Member Lover noted Council Members Coffey and Adkison left the meeting early to attend to issues with the Gubernatorial debate 11. Adjournment The meeting adjourned at 7:31 p m. to a Council Study Session scheduled on October 9, 2012 at 10 a m. Page 4of5 Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 5-0. Council Members voting Aye: Bristol , Cawley , Ensey , EttI , Lover . Council Members Absent: Adkison , Coffey 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 October 9, 2012 Council Chambers -- City Hall 10 a.m. Joint City/County Study Session regarding Jail Issues MINUTES L1 Back g Print K+j Wuri ' l!"",-x`c.G.f, a ,-H:,,. - "aa"•• 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 Guests: County Commissioners Rand Elliott , Kevin Bouchey and Mike Leita 2. Discussion regarding Jail Issues City Manager O'Rourke review projected costs of inmate expenses and what steps need to be taken in the future. Chief Rizzi and Captain Copeland presented the findings of the jail study Chief Rizzi pointed out the final study will put us in a position to make a long-term decision for jail costs and what is best for the tax -payers of the City. Council Member Ensey wondered what it will look like for the City if we go on our own? Chief Rizzi explained the study is not complete so we do not know the full costs at this time and asked Council for direction. Commissioner Leita complimented the Chief in regard to the study and stated there may be a benefit to being regionalized. He also cautioned the City about relying on surveys, as the County did many years ago and it went awry. Mayor Cawley agreed they need more information to make the best decision Assistant Mayor Adkison questioned where we stand with the medical costs? Captain Copeland explained the medical costs are high and some are absorbed by the County The recommendation by the consultant is to move to phase two to obtain actual costs by conducting a value comparison of the County and City jails. Yakima County Department of Corrections Director Ed Campbell presented information on the County's jail costs and stated the City only pays for misdemeanant housing and associated medical costs. Chief Rizzi warned this information is misleading, as the City pays for any prisoners who also have a misdemeanor attached to the felony. He doesn't believe the City should be paying for the felony inmates. Yakima County Budget Director Craig Warner presented a handout of revenues and expenses Page 1 of 2 related to the jail issues. Chief Rizzi stressed again that he feels the information presented by the County is misleading. Commissioner Leita stated the City has the ability to close the City jail and transfer all the inmates to the County. City Manager O'Rourke wondered if the County could charge the daily rate instead of the base of 110 with a minimum/maximum allowance and suggested further discussions take place to come come up with a better rate structure. He would like to see all options. Commissioner Leita invited Council members to attend the County's Law and Justice Committee meetings for informational purposes. City Manager O'Rourke suggested the City proceed with phase two of the jail study, sit down with Yakima County and work on optimal charges. Ettl moved and Adkison seconded to authorize expenses for the next phase of this study. Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Approved 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 3. Adjournment Council Member Ettl reminded Council that the GFI report is due in November and a Study Session is scheduled for November 13, 2012. He encouraged anyone with questions to contact him or Lt. Merryman. The meeting adjourned at 11:30 a.m. to the next Council Business meeting on October 16, 2012. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol 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 YAKIMA CITY COUNCIL October 16, 2012 Council Chambers -- City Hall 5:30-6 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES lid « Back ,n, Print 3'11,3,3434,1tr, ra tt€Y Fs.7331 . _3,&34, ES�1.a'IItzirit EN EXECUTIVE SESSION 1. Roll Call 2. Executive Session regarding pending litigation and real estate or land and property considerations. Executive Session was held and adjourned at 6 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: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance 3. Open Discussions for the Good of the Order A. Appointments to Boards, Commissions and Council Committees i Recommendation from Council Nominating Committee to appoint John Gasperetti to the Arts Commission and Paul Stelzer to the Yakima Planning Commission. Council confirmed the recommendation from the Council Nominating Committee to appoint John Gasperetti to the Arts Commission and Paul Stelzer to the Yakima Planning Commission. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Rick Ensey. Carried 7-0 Council Members voting Aye. Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 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 ) Page 1 of 7 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . A. Consideration of approval of Council Committee Meeting Minutes L Council Nominating Committee Minutes from 10-9-12 B. Right -of -Way Use Permit for D.A. Arthur Inc. C. 3rd Quarter 2012 Claim Report and Resolution authorizing and approving 3rd Quarter 2012 claims activity RESOLUTION NO. R-2012-123, A RESOLUTION accepting and approving the 3rd Quarter 2012 Claims Reports for the City of Yakima. D. Resolution adopting background documents required to update the City of Yakima's Shoreline Master Program. RESOLUTION NO. R-2012-124, A RESOLUTION Adopting scientific documents required to update the City of Yakima's 1974 Shoreline Master Program E. Resolution authorizing an Agreement with RedZone Robotics Inc., in an amount not to exceed $180,000 for evaluation of the City's 30 -inch and greater diameter sanitary sewer pipes RESOLUTION NO. R-2012-125, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with RedZone Robotics Inc. in an amount not to exceed $180,000 for evaluation of the City's 30 -inch and greater diameter sanitary sewer pipes. F. Resolution accepting dedication and ownership of a section of N. 35th Avenue south of River Road that was originally constructed as a portion of the Chesterly Meadows Assisted Care Facility development. RESOLUTION NO. R-2012-126, A RESOLUTION accepting a section of N 35th Avenue into public ownership G. Second reading of Ordinance amending the 2012 Budget and making appropriations in the 477 -Domestic Water Improvement fund to repair Kissel well motor and panel. ORDINANCE NO. 2012-36, AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations of $205,000 within the 477 - Water Improvement Fund, for expenditure during 2012 to repair the Kissel Well. 5. Audience Participation IAFF President Jeremy Rodriquez, 401 N. Front Street, Yakima, thanked Council and the community for helping support their spaghetti feed fund raiser. PUBLIC HEARINGS 6. Final Public Hearing and Resolution adopting the City of Yakima 2013 Annual Action Plan regarding the CDBG & HOME program funding. Office of Neighborhood Development Manager Archie Matthews briefed Council on the issue and requested support for the 2013 Annual Action Plan regarding the CDBD & HOME program funding Mayor Cawley opened the public hearing, and with no one coming forward to speak, closed the public hearing. The City Clerk read the resolution by title. Page 2of7 RESOLUTION NO. R-2012-127, A RESOLUTION Adopting the HUD mandated 2013 Annual Action Plan for the City of Yakima. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey Adopted 7-0. Council Members voting Aye. Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover CITY MANAGER'S REPORTS 7. Resolution supporting the Yakima River Basin Integrated Water Resource Management Plan Water and Irrigation Manager Dave Brown briefed Council on the issue and introduced Mike Schwisow, Public Outreach Coordinator for the Integrated Plan and owner of Schwisow & Associates. He reported cities in Kittitas County have adopted the resolution of support and they have the support of the Governor and all the partners with the exception of the Sierra Club. They have been working together for years with broad support to find a solution to the water issues The City Clerk read the resolution by title. RESOLUTION NO. R-2012-128, A RESOLUTION Supporting the Yakima River Basin Integrated Water Resource Management Plan Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Adopted 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 8. Discussion and consideration of potential state legislative and administrative priorities and potential federal priorities. City Manager Tony O'Rourke briefed Council on the issue and requested Council to narrow the priorities to 2-3 top state level legislative and administrative priorities to continue our federal advocacies in Washington, D.0 and in Olympia. Council Member Lover questioned why suppression was left out of the gang legislation priority. Community Relations Manager Randy Beehler noted these priorities were from the Association of Washington Cities Assistant Mayor Adkison suggested reviewing the legislative priorities in a separate study session. Council Member Coffey noted the list should have been narrowed by the City Council's Legislative Committee. It was Council consensus for the Council Legislative Committee to meet this week, followed by full Council review at the next Council study session. 9. Consideration of the issuing of a Request for Proposals re: state legislative and administrative advocacy services Community Relations Manager Randy Beehler requested Council approval to move forward with the RFP process for legislative consulting assistance. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover Carried 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 10. State Auditor's Reports - City's 2011 Financial Statements and Federal Single Audit Director of Finance and Budget Cindy Epperson reported the City received an unqualified opinion, which is an excellent rating. The auditors look at internal controls, compliance, and financial statements. 11. Action Plan for Changes in the Downtown Program City Manager O'Rourke briefed Council on the requested changes to the Downtown Yakima Business Improvement District (DYBID) The proposed changes would include: shrink the current district, provide for modified assessments, propose closure of a portion of 4th Street, Page 3 of 7 create special events guidelines, increase 2 hour free parking to 4 hours with modifications to the Block by Block contract and move monthly parking patrons to private lots, which would include termination of a parking lease with the Liberty Building. This would also include a City investment of $100,000 to "prime the pump" for downtown events. Rick Culyer, 27 S. 4th Street and Manager of Chestnut Manor Apartments, stated several concerns he has for the tenants at Chestnut Manor. He noted they already have many negative issues their tenants are dealing with relating to use of the Millennium Plaza, which is a block away. The building was built in 1908 and parking has been an ongoing problem Mr. Culyer is worried this will cause more problems for his tenants. John Cooper, Visitor and Convention Bureau CEO, would like to work with the City on downtown events. They sponsor the annual Hot Shots Basketball tournament, which has grown each year. Rich Austin, with the Visitor and Convention Bureau Sports Commission, would like to help find solutions for the downtown Mr. Austin is concerned about having enough space for the Farmer's Market and basketball courts during the Hot Shots tournaments. Roger Wilson, owner of 3 downtown buildings, spoke in favor of the downtown suggestions. He noted concerns with the DYBID proposed option of reducing assessments for vacant buildings, as well as concerns on parking. He encouraged the City to receive buy -in from those affected before closing down 4th Street. He also suggested the Code Division work with the owners of the downtown buildings, which have code related items associated with the age of the buildings in order to assist with occupancy, similar to issues which the City of Ellensburg has recently addressed. He spoke in favor of having deposits for downtown events. Luz Gutierrez noted she attended one DYBID meeting and then didn't think they held any more meetings since she wasn't included. She discussed her involvement with Cinco De Mayo over the last 12 years and supports the City Manager's efforts for downtown. Joe Mann, downtown business owner, spoke in favor of the City Manager's efforts to improve the downtown. John Ball, 3515 Hyview Drive, Yakima, spoke in support of the downtown, and also understands the expense that comes with improvements He is looking forward to working with the City's new Economic Development Manager, Sean Hawkins, and stressed the need to have businesses downtown and around the pedestrian plaza. Council Member Coffey had several questions about the downtown plans. City Manager O'Rourke noted they will develop and work with Council on the guidelines. Council Member Ensey stated his overall support of this plan. Mayor Cawley noted there are some issues with the banner process, which should be addressed in the plan. ENSEY MOVED AND ETTLE SECONDED TO DIRECT STAFF TO BRING BACK LEGISLATION IN SUPPORT OF THE PLAN. City Attorney Cutter suggested Council should first direct which changes they would like implemented in the new DYBID. ENSEY WITHDREW THE MOTION. ETTL MOVED AND ADKISON SECONDED TO AMEND THE BOUNDARY TO REDUCE THE SIZE, VACANT PROPERTIES BE GIVEN A 25% REDUCTION IN THEIR ASSESSMENT, GOVERNMENT ENTITIES SHALL BE INCLUDED, AND NON PROFITS AND CHURCHES SHOULD BE EXEMPT. Council Member Lover stated his belief that non -profits and churches should not be exempt from Page 4 of 7 the assessment. BRISTOL MOVED AND LOVER SECONDED TO AMEND THE MOTION TO LEAVE THE NON -PROFITS PAYING THE PRO -RATED AMOUNT THEY ARE CURRENTLY PAYING. Motion carried 4-3 with Ettl, Cawley and Adkison voting no. Council voted on the motion as amended. Carried 7-0 and is noted below. ENSEY MOVED AND COFFEY SECONDED TO MODIFY THE DYBID FROM 7 TO 5 MEMBERS. The motion carried by a unanimous roll call vote ENSEY MOVED AND ETTLE SECONDED TO BAG THE PARKING METERS, MODIFY THE BLOCK BY BLOCK CONTRACT, ELIMINATE LONG-TERM PARKING PASSES IN CITY LOTS AND ELIMINATE LEASES FOR PARKING, REPEAL THE PARKING COMMISSION PROVISIONS AND REPEAL THE PARKING LOT RATE ORDINANCE IN THE MUNICIPAL CODE. The motion carried by a 7-0 by unanimous roll call vote. Council Member Lover questioned the terms on the lease with the Liberty Building. City Attorney Cutter noted the City would send a 90 day cancellation notification prior to the leases end date in June 2013. Council Member Bristol asked about enforcement of the 4 hour free parking. City Manager O'Rourke noted the City would chalk tires at 8:30 a m return 4 hours later and if the car has not been moved it would receive a ticket or be towed. This effort will cut down on full day use by employees in the surrounding area. ENSEY MOVED AND ADKISON SECONDED TO ENDORSE THE PEDESTRIAN MALL PROCESS AND DIRECT STAFF TO PURSUE A RESOLUTION TO INITIATE THE REQUIREMENTS. The motion carried by a unanimous roll call vote. ENSEY MOVED AND COFFEY SECONDED TO BRING BACK THE GUIDELINES. The motion carried by unanimous roll call vote. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 12. Action Plan for Graffiti Abatement Enhancements City Manager O'Rourke briefed Council on the issue and thanked Archie Matthews for the good job on graffiti abatement enhancements. ETTL MOVED AND ENSEY SECONDED TO ACCEPT THE PACKAGE AND DIRECT STAFF TO BRING BACK LEGISLATION FOR APPROVAL. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey Carried 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 13. Resolution approving a Supplemental Interlocal Agreement between the City and Yakima County intended to apportion the costs of work previously agreed upon between the City and County in Contract Number 2011-66, relating to road design and development for an East-West Corridor. City Manager O'Rourke discussed the partnership and plan. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-129, A RESOLUTION approving a Supplemental Interlocal Agreement between the City and Yakima County intended to apportion the costs of work previously agreed upon between the City and County in Contract Number 2011-66, relating to road design and development for an East-West Corridor. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Page 5of7 Bristol. Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 14. Report regarding Boards and Commissions Residency Requirements Council Member Bristol explained the Council Nominating Committee met and did not come to agreement on the residency requirements. Council Member Ensey noted he would remove the residency requirement and replace it with a requirement that people either have a business or own property to be on a City Board or Commission. City Attorney Cutter noted the statutes that describe the formation of the Airport Board refer to Board Members as consisting of at last 5 resident tax payers. Therefore, he believes this requires board members be residents. City Clerk Claar Tee noted the Police and Fire Commission Members must be residents pursant to RCW 41.08 030. Assistant Mayor Adkison requested the Council Nominating Committee meet again to discuss this issue. COFFEY MOVED AND BRISTOL SECONDED TO LEAVE THE RESIDENCY REQUIREMENTS AS THEY ARE. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Sara Bristol. Carried 6-1. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ettl , Lover . Council Members voting Nay: Ensey . ORDINANCES 15. An ordinance amending Section 7 50.040 of the Yakima Municipal Code pertaining to utility service fees and reducing fee for utility turn -on and turn-off service calls occurring during non- business hours. Dave Brown, Water and Irrigation Manager, briefed Council on the issue The City Clerk read the ordinance by title. ORDINANCE NO. 2012-37, AN ORDINANCE amending Section 7 50.040 of the Yakima Municipal Code pertaining to utility service fees and reducing fee for utility turn -on and turn-off service calls occurring during non -business hours. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey Passed 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 16. An ordinance relating to City administration; repealing Yakima Municipal Code Chapter 10 03, Private Fire Alarm System Connection and Monitoring, on December 31, 2012, in its entirety Wayne Wantland, Communication and Technology Manager, discussed the change in the ordinance The City Clerk read the ordinance by title. ORDINANCE NO. 2012-38, AN ORDINANCE relating to City administration; repealing Yakima Municipal Code Chapter 10.03, Private Fire Alarm System Connection and Monitoring, on December 31, 2012, in its entirety. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Passed 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 17. First reading of an Ordinance amending the 2012 budget for the City of Yakima, and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2011 as noted in the summary attached (no action required at this meeting; second reading scheduled November 6, 2012). Page 6 of 7 Finance and Budget Director Cindy Epperson discussed the ordinance. The City Clerk read the ordinance by title only, and the ordinance was laid on the table until November 6, 2012 fora second reading. AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2011 to provide for improvements in the Yakima Redevelopment Area; snow and ice control costs; remittance of the Tourism Promotion Area assessments; a soil quality change order for Upper Kiwanis Park project; and repair and maintenance of buses used on the new Ellensburg route. 18. Other Business None 19. Adjournment The meeting adjourned at 8:14 p.m. to the next meeting, a Council Study Session on October 23, 2012 at 10 a.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. 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 7 of 7 YAKIMA CITY COUNCIL STUDY SESSION October 23, 2012 Council Chambers -- City Hall 10 a.m. City Council Study Session re Strategic Plan, 2013 Budget Presentation and Legislative Priorities MINUTES (aJ •1 Back Print 1. Roll Call Council. Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl (arrived 10:05 a.m.) and Bill Lover Staff: City Manager Tony O'Rourke and City Clerk Claar Tee 2. 2013 Strategic Plan City Manager O'Rourke noted this is a draft Strategic Plan and reviewed a PowerPoint presentation. This is a collaboration by the City Council wherein they came up with the following strategic priorities: Economic Development, Public Safety, Public Trust, Partnership Development and Built Environment. Mr. O'Rourke discussed his plan to move the City from recession to recovery by building on our existing signature events, continuing revitalization efforts to promote a good impression and building on our history. Additionally, staff will enhance the downtown through development and a downtown master plan. Regarding public safety, the Police Department will engage in partnerships in crime prevention through Crime Stoppers, schools, and others and ensure appropriate service levels for public safety, explore the most cost-effective jail expansion opportunities, as well as, addressing gang violence Some other key items are: reestablish a fire code inspection program, develop a Citizens Police Academy, enhance downtown safety, establish a more effective graffiti abatement program, and improve neighborhood safety by installing more street lights along arterials. Assistant Mayor Adkison stated we are sometimes our own worst enemy as the City doesn't do a good job promoting the positive elements. Council Member Lover stated he is going to look into the Block Watch program and see if more landlords would be involved and whether a non-traditional block watch should be explored. Mr. O'Rourke noted from the citizen survey that 97% surveyed give up time for a neighbor, and we need to tap into that. Council Member Ensey questioned how the City will pay for fire inspectors. Mr. O'Rourke noted it should be a fee structure. City Manager O'Rourke discussed public trust and accountability. The City recently implemented a 48 hour on-line citizen involvement feature and is working on developing more citizen involvement by utilizing Code Enforcement Rangers, clean up days, block watch, Crime Stoppers, and Partners in Parks Page 1 of 3 Mr. O'Rourke will optimize City services through the following: managed competition, consolidation, joint partnerships, operational efficiencies, level of service adjustments, adopting written financial management policies, developing a balanced five-year financial plan, constructing capital improvements on time and within budget. Assistant Mayor Adkison advised the Yakima School District should be engaged to assist with the elderly etc as High School Seniors have requirements and senior projects in order to graduate. City Manager O'Rourke discussed partnership development, where we need cooperative and reciprocal partnerships with local, state, federal entities to secure funding and transportation for the Mill site area. The City will work in concert to address specific needs in neighborhoods and collaborate with the Gang Free Initiative in eradicating gang violence City Manager O'Rourke noted the City will work to improve the built environment as it is not meeting the citizen's expectations. The City is planning to jump start investment in City roads with a $5 million bond issue in fiscal year 2013 and will be proposing a special election to consider a car tab fee to generate dedicated funds for road improvements. . Council thanked the City Manager and appreciated the action plan he is putting in place Mr. O'Rourke stated the need to stay focused on the strategic priorities Departments are going to prepare business plans, quarterly updates and annually transmit information to citizens 3. 2013 Budget Presentation City Manager Tony O'Rourke and Finance Director Cindy Epperson presented the preliminary 2013 budget. Mr O'Rourke reviewed a PowerPoint presentation with Council and noted the City must live within its means by preparing for a new normal, in an era of constraints and limits. This budget does not include any tax increases, preserves core services, and invests in capital infrastructure. Mr. O'Rourke stated the city has insufficiently invested in infrastructure. They are focusing on the core needs of the community Mr O'Rourke noted health costs are increasing and he is asking for wage and benefit concessions of approximately $300,000 for 2013, which is only the first phase. The budget will be discussed at an upcoming public hearing and brought back on December 4, 2012 for approval. 4. Consideration of proposed 2013 state legislative and administrative priorities and proposed 2013 Congressional and federal administrative priorities Council Member Coffey mentioned there was an AWC Legislative meeting yesterday, wherein they established the final list of legislative priorities for the state City Manager O'Rourke suggested these will be the core issues the City will support as well. Ensey moved and Adkison seconded to adopt the state legislative and congressional priorities. Motion. Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 5. Adjournment The meeting adjourned at 11:58 a.m to the next Council Study Session on October 30, 2012. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover Page 2 of 3 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 3 of 3 YAKIMA CITY COUNCIL STUDY SESSION October 30, 2012 Council Chambers --City Hall 10 a.m. City Council Special Meeting and Study Session MINUTES Ei9 • Back 8 Print rt Fac : t sf sa 'lVf*.^ VAITNC, VAI,W'M,WZI 'S'O'' ' Z;i4..' 1. Roll Call Council. Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol (arrived at 10:05 a.m.), Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff. City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee 2. Resolution initiating establishment of a pedestrian mall on thatportion of South 4th Street lying between East Yakima Avenue and East Chestnut Avenue City Manager O'Rourke discussed the pedestrian mall on 4th Street, which is the first step to create more synergy and activity in downtown. Mr. O'Rourke met with Judge Suko and the U.S. Marshalls and they agreed to use barricades instead of permanent structures in an effort to utilize two-thirds of the street for a pedestrian mall The City Clerk read the resolution by title only. RESOLUTION NO. R-2012-130, A RESOLUTION declaring intention to create a pedestrian mall within and upon that portion of South 4th Street between East Yakima Avenue and East Chestnut Avenue, pursuant to the authority and procedures of Chapter 35.71 RCW, and authorizing the City manager to prepare a plan for such mall showing alternate routes for ingress and egress for abutting property owners, provisions for on and off-street parking, and limited vehicle access for utilities, governmental functions, and any necessary or appropriate vehicle access for the loading and unloading of goods. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover Adopted 7-0. Council Members voting Aye• Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 3. Resolution to consider Intent by City Council to modify DYBID boundary, modify service agreement and set a date of public hearing City Attorney Cutter briefed Council on the item and noted the revision to remove section B and slightly reduce section A, as well as the 25% assessment reduction rate for vacant buildings at the time of the evaluation. Mr. Cutter proposed a language change from the 50% habitable space to "vacant" space. City Manager O'Rourke suggested this be reviewed annually to take in other considerations at that time. The City Clerk read the resolution by title only. RESOLUTION NO. R-2012-131, A RESOLUTION of the City Council of the City of Yakima Page 1 of 3 expressing the intent of the Council to modify the existing Downtown Yakima Business Improvement District (hereinafter DYBID) boundaries to provide for a reduced assessment area, a modification of the services provided within the DYBID area and to change the assessment structure applicable to the modified DYBID area; and setting the date for a public hearing to consider said modifications Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 4. Resolution approving and adopting the City of Yakima Strategic Plan 2013 City Manager O'Rourke briefed Council on the item, which has minimal changes from the item provided last week. The City Clerk read the resolution by title only. RESOLUTION NO. R-2012-132, A RESOLUTION approving and adopting the City of Yakima Strategic Plan 2013 for the City of Yakima, which sets priorities, establishes strategies, and includes performance measures to monitor and measure Strategic Plan progress Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 5. Ordinance amending Chapter 11.11 YMC pertaining to graffiti abatement Senior Assistant City Attorney Kunkler briefed Council on the issue The City Clerk read the ordinance by title only ORDINANCE NO. 2012-39, AN ORDINANCE amending and restating Chapter 11.11 of the Yakima Municipal Code pertaining to graffiti abatement, and implementing graffiti abatement program. Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison Passed 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 6. Trek Yakima Power Point Presentation Public Works Director Waarvick and Parks and Recreation Manager Wilkinson presented a PowerPoint regarding Parks and Recreation Mr. Wilkinson referenced a recent Parks and Recreation community survey, which indicated walkways, pathways and trails are what citizens want in our community Staff is looking at plans to connect the pathways in the City of Yakima to the Greenway and William 0 Douglas trail. Betsy Bloomfield from the Cowiche Conservancy discussed how the William O'Douglas trail came about and the grants that have funded segments of day hike trails to Mt. Rainier. They are working with non -profits and state agencies interested in connecting this trail to the West Side of the mountains, which will positively impact the Yakima area. City Manager O'Rourke suggested "Way Findings" is one of the largest problems to our paths. Trail head security is also an issue, with a need for better lighting and security cameras. Ms. Bloomfield noted there are many people assisting with the projects. 7. Council Committee Assignments City Manager O'Rourke briefed Council on the proposed changes to Boards & Committees and suggested Council look at consolidating many of the committees according to strategic priorities. Page 2of3 Mayor Cawley suggested having only 4 committees and assigning a Council Member to each. Council Member Coffey expressed her concerns about gangs and violence and discussed meeting with legislatures to request assistance. Chief Rizzi related that he is reaching out for help by creating additional task forces and partnerships, bringing in a Liquor Control Board agent, and working with the ATF, WSP, FBI and the CIA. Chief Rizzi confirmed they are making arrests, but in the mean time, the police department needs help from citizens. 8. Adjournment The meeting adjourned at 11:25 a.m. to the next City Council Business meeting on November 6, 2012 at 6:00 p m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol 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 3 of 3 YAKIMA CITY COUNCIL November 6, 2012 Council Chambers -- City Hall 5:30 p.m. Executive Session; 6p.m. Business Meeting MINUTES ® 4- Back Print EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, and Bill Lover Absent: Dave EttI (Excused) 2. Executive Session regarding prospective and pending litigation Executive Session was held and adjourned at 6.00 p m BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, and Bill Lover Staff. City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee Absent: Dave Ettl (Excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations i. Polio Awareness Week Assistant Mayor Adkison read the proclamation and David Hargraves accepted it. ii. American Indian Heritage Month Mayor Cawley read the proclamation Cary Campbell accepted it and presented Council with a Washington State Minority and Justice Commission poster. B. Presentations/recognitions/introductions i. Introduction of Economic Development Manager Sean Hawkins and Community Page 1 of 6 Development Director Steve Osguthorpe City Manager Tony O'Rourke introduced Economic Development Manager Sean Hawkins and Community Development Director Steve Osguthorpe. ii. Recognize retiring City Employee Rick Schuknecht Mayor Cawley introduced retiring Police Officer Rick Schuknecht and thanked him for his 25+ years of service to the citizens of Yakima. Chief Rizzi also recognized and appreciated Officer Schuknecht's tenure. Officer Schuknecht acknowledged and accepted the recognition. iii. Recognition of LDS Volunteer Group ONDS Manager Archie Matthews introduced Darrel Smart and Dr. Bob McLaughlin. Mr. Smart informed Council that Jim and Judy Thompson organized this Nationwide clean-up effort locally, which involved over 900 volunteers and 3500 hours donated in the community. Mr. Thompson and Dr McLaughlin thanked Council for the opportunity to serve and make a difference in our area and hope to expand their activities next year. Mr Thompson also mentioned they have a reading program they offer to children with reading difficulties, which has helped 20 people graduate this year. iv. Yakima Fire Department Commendation Deputy Chief Stewart recognized several members of the Yakima Fire Department for their outstanding performance and life saving efforts at.a fire on October 2, 2012 C. Council Committee Meeting Minutes i Recommendation by the Council Nominating Committee to amend the residency requirements on the City of Yakima Planning Commission. Council Member Sara Bristol noted the Council Nominating Committee recommends amending the residency requirements on the City of Yakima Planning Commission to allow non-residents who own a business or property within the City limits to qualify as members on this Committee. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Approved 6-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Lover Council Members Absent: Ettl . 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 added to the consent agenda. 9. (L ) Resolution authorizing a settlement entered into by insurance company St. Paul -Fire and Marine Insurance Company ("Travelers") to resolve and settle the lawsuit brought by Elaine Gonzalez. 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 Rick Ensey. Carried 6-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Lover . Council Members Absent: Ettl A. 3rd Quarter 2012 Treasury Report. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey. Approved 6-0 Council Members voting Aye- Adkison , Bristol , Cawley , Coffey , Ensey , Lover . Council Members Absent: Ettl Page 2 of 6 B. 2012 3rd Quarter Capital Improvement Projects Report. The report was approved. C. Set Dates for Public Hearings on 2013 Budget: A. 2013 Proposed Budget B 2013 Ad Valorem (Property) Tax November 20, 2012 was set as the date of a public hearing to consider the 2013 Proposed Budget and the 2013 Ad Valorem (Property) Tax. D. Resolution authorizing an agreement withYakima School District No. 7 - YV TECH to allow the use of the Yakima Fire Departments training'facility to provide educational services for Fire Fighter Cadet training. RESOLUTION NO. R-2012-133, A RESOLUTION authorizing the City Manager's execution of an agreement between the City of Yakima and Yakima School District No. 7 — YV TECH to allow the use of the Yakima Fire Departments training facility to provide educational services for Fire Fighter Cadet training. E. Resolution authorizing a grant agreement with the Washington State Office of Public Defense to support indigent defense expenses. RESOLUTION NO. R-2012-134, A RESOLUTION ratifying and approving the City Manager's execution of a grant agreement between the City of Yakima and the Washington State Office of Public Defense accepting the terms and conditions for the receipt of a 2013 Grant. F. Resolution authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims. RESOLUTION NO. R-2012-135, A RESOLUTION authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims. G. Resolution authorizing agreements with Yakima County, through the Office of Aging and Long Term Care (ALTC) for the Adult Day Care and Respite Services Program and the Foot Care Services Program at the Harman Center RESOLUTION NO. R-2012-136, A RESOLUTION authorizing the City Manager to execute agreements with Yakima County, through the Office of Aging and Long Term Care (ALTC), for the delivery of the Adult Day Care and Respite Services Program and the Foot Care Services Program for Senior Citizens at the Harman Center, and depending upon funding, authorizing the City Manager to execute any subsequent amendments or reoccurring agreements for the following five years (2017), upon approval as to form by the City Attorney. H. Resolution authorizing temporary cold weather shelters. RESOLUTION NO. R-2012-137, A RESOLUTION of the City of Yakima, Washington, authorizing and directing the City of Yakima Community Development Department to identify and implement a policy regarding temporary emergency cold weather shelters in the City of Yakima, and providing that such policy shall be valid only from November 15, 2012 through December 2012, and January, February and March 15th 2013 (7th year). I. Second reading of an Ordinance amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 as noted in the summary attached An Ordinance amending the 2012 budget and appropriating funds for within various funds, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2012-40, AN ORDINANCE amending the 2012 budget for the City of Yakima; Page 3 of 6 and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 to provide for improvements in the Yakima Redevelopment Area; snow and ice control costs; remittance of the Tourism Promotion Area assessments; a soil quality change order for Upper Kiwanis Park project; and repair and maintenance of buses used on the new Ellensburg route. J. Ordinance amendment eliminating longevity pay for newly hired unrepresented management group employees. ORDINANCE NO. 2012-41, AN ORDINANCE amending Section 2.24.010 of the City of Yakima Municipal Code by eliminating longevity pay for newly hired management group employees. K. Ordinance amendment eliminating the tax deferred compensation plan for newly hired unrepresented management group employees contained in YMC 2.20.130. ORDINANCE NO. 2012-42, AN ORDINANCE amending Section 2.20.130 of the City of Yakima Municipal Code by eliminating the deferred compensation provision for newly hired management group employees. L. Resolution authorizing a settlement entered into by insurance company St. Paul Fire and Marine Insurance Company ("Travelers") to resolve and settle the lawsuit brought by Elaine Gonzalez. RESOLUTION NO. R-2012-138 , A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by insurance company St. Paul Fire and Marine Insurance Company ("Travelers") to resolve and settle the lawsuit brought by Elaine Gonzalez. 5. Audience Participation John Cooper, Yakima Valley and Convention Bureau CEO, presented Council with a copy of an article in National Geographic Traveler about the Yakima area, which is better advertising exposure than any paid advertising. Also, he announced they recently launched a website titled www.winedoggies.com which promotes traveling with dogs in the Yakima area Walt Ranta, 5 S. 32 nd Ave, Yakima, noted his concern about truck traffic in our community. He has witnessed trucks driving over the curbs at several intersections and wondered if there is a solution to this issue. He also mentioned the difficulty in seeing the lanes on Martin Luther King Boulevard, especially in the dark when it is raining. Additionally, he congratulated the Police Department on the great candidates being sent to the police academy. Candie Turner, 7800 W Mead, Yakima, spoke in favor of the City Manager hiring a consultant regarding the jail issue and noted she is not convinced the County Commissioners are good stewards of tax -payer money Lynne Kittelson, 309 N. 9th Street, Yakima, congratulated the Yakima Fire Department on their certificate of appreciation and expressed her appreciation for the Fire and Police Departments. She also congratulated Council Members Adkison and Bristol for attending the Day of the Dead exhibition, as well as local businesses fbr their contributions CITY MANAGER'S REPORTS 6. Fire Code Inspection Fee Program. City Manager O'Rourke briefed Council on the issue and noted upon his arrival in Yakima he noticed a glaring omission of fire inspectors. He is a proponent of safety and feels there is value added to our community with reinstatement of this service. Chief Willson discussed the Fire Code Inspection Fee program. He briefed Council on how the fee schedule was originated and gave examples of how much will be added to city -issued business permits. Page 4 of 6 Mayor Cawley and Council Members Coffey and Lover spoke in opposition to the additional fee Council Member Bristol indicated there was a problem with funding last year and it is not a requirement for the City to provide this service. However, she spoke in favor of increasing the business license fee to cover the cost of fire inspections. Codes Manager Joe Caruso confirmed the City should have two inspectors to conduct all inspections and adding a fee to the permit process is common practice. Council Member Lover discussed taking this issue through the managed competition process and Mr. O'Rourke stated the City can do that at anytime Bristol moved and Adkison seconded to implement option 1 to put a formula in place and commence fire inspections in next year's budget. Motion Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison Failed 2-4. Council Members voting Aye: Adkison , Bristol Council Members voting Nay: Cawley , Coffey , Ensey , Lover . Council Members Absent: Ettl . Coffey moved and Cawley seconded to pay for the fire inspections in this year's budget from the general fund reserves. Motion. Approve, Moved by Council Member Kathy Coffey, Seconded by Mayor Micah Cawley. Carried 4-2. Council Members voting Aye: Adkison , Cawley , Coffey , Lover . Council Members voting Nay: Bristol , Ensey . Council Members Absent: Ettl . 7. Resolution naming Apple Valley Kiwanis Skate Park in Memory of Ron Bonlender Parks and Recreation Manager Ken Wilkinson discussed renaming Apple Valley Kiwanis Park after former Council Member Ron Bonlender. The City Clerk read the resolution by title only. RESOLUTION NO. R-2012-139, A RESOLUTION changing name of Apple Valley Kiwanis Skate Park to "Apple Valley Kiwanis Skate Park in Memory of Ron Bonlender," and authorizing City Manager to accomplish such designation Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison Approved 6-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Lover . Council Members Absent: Ettl 8. Resolution authorizing lease agreement with Sunfair Professional Associates, LLC, for city on- site clinic. City Manager O'Rourke briefed Council on the new clinic and potential cost savings. The City Clerk read the resolution by title only RESOLUTION NO. R-2012-140, A RESOLUTION authorizing the City manager to negotiate, execute and administer a commercial lease agreement with owner and owner's agents for office space within the Sunfair Building. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Approved 6-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Lover Council Members Absent: Ettl 9. Other Business 10. Adjournment The meeting adjourned at 7:18 p m. to a Special City Council meeting on November 15, 2012 at Page 5 of 6 11 a m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6-0. Council Members voting Aye. Adkison , Bristol , Cawley , Coffey , Ensey , Lover . Council Members Absent: EttI CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 6 of 6 YAKIMA CITY COUNCIL STUDY SESSION November 15, 2012 Council Chambers -- City Hall 11a.m. Special City Council Meeting and Study Session regarding Downtown Development and Retail Opportunities MINUTES ®+ Back Print 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Claar Tee Absent: Council Member Kathy Coffey (excused) 2. Presentation on Downtown Development and Retail Opportunities by Ian Thomas, Consultant City Manager O'Rourke introduced Ian Thomas, of Thomas Consultants Inc. Mr. Thomas presented a PowerPoint on downtown retail development opportunities. He stressed what the City is attempting with downtown revitalization has been done many times in other cities, indicating most revitalization projects are about selecting successful portions from other cities and tailoring them to fit your city He advocates thinking globally and acting locally by finding your inherent strengths and creating that atmosphere in your downtown Mr. Thomas suggests the City reinvent itself, develop a brand and bring people together by creating a multipurpose area downtown Council Member Bristol noted most of the examples shared are shopping malls with a single planner. Discussion took place on how to involve individual tenants in the master plan and creating a vision. Council Member Lover mentioned his concerns about imported poverty and the "homes" the State considers "family homes" that can house 16-18 people. He feels this needs to be dealt with, along with the gang activity, so big businesses are not discouraged from coming to this area Mayor Cawley agreed this is a valid concern and it will take effort by the City to change things. Assistant Mayor Adkison strongly suggested the need to change our attitudes and be positive when speaking about our community. City Manager O'Rourke noted our City is the 5th largest agricultural area in the nation, that we are the "Fruit bowl of America", and we should capitalize on this. He stated staff will bring a development road map to the December 4, 2012 council meeting Mr. Thomas suggested having a competition to solicit one good "main signature event." 3. Adjournment The meeting adjourned at 12:29 p.m to the next Council Business meeting on November 20, Page 1 of 2 2012 at 6 p m. Motion: Adjourn, Carried 6-0. Council Members voting Aye• Adkison , Bristol , Cawley , Ensey , Ettl , Lover . Council Members Absent: Coffey . CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 2of2 YAKIMA CITY COUNCIL November 20, 2012 Council Chambers 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES ll r Back Print BUSINESS MEETING 1. Roll Call Council. Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol (left at 7:10 p.m.), Kathy Coffey, Rick Ensey, Dave Ettl and Bill. Lover 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 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 added to the consent agenda. 11 Ordinance setting the Stormwater Rates for 2013 and 2014 to maintain the current annual rate of forty-three dollars ($43) per equivalent residential unit (ERU) to fund the Storm Drainage and Surface Water Management Utility. 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 7-0. Council Members voting Aye. Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover A. Consideration of approval of City Council Meeting Minutes i. 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. The minutes of the August 7, 21 and September 4, 2012 Adjourned Council Business meetings and August 14, 28 and September 11, 2012 Adjourned City Council Study Sessions were approved, having been duly certified accurate by two Council members and no one present Page 1 of 6 wishing to have said minutes read publicly. B. Accounts Receivable Status Report - 3rd Quarter 2012 The report was accepted. C. Resolution authorizing two Pipeline License with Burlington Northern Santa Fe (BNSF) Railway for the City of Yakima's Industrial Waste Collection System within 6th Avenue near Madison and North 23rd Avenue near "J" Street. RESOLUTION NO. R-2012-141, A RESOLUTION authorizing the City Manager to execute agreements between BNSF Railway and the City of Yakima for two Pipeline Licenses (12-3012 and 12-3013) to allow installation of two Industrial Waste pipes under BNSF Railway right-of-way located on N 6th Avenue near Madison and N 23rd Avenue near J Street. D. Ordinance setting the Stormwater Rates for 2013 and 2014 to maintain the current annual rate of forty-three dollars ($43) per equivalent residential unit (ERU) to fund the Storm Drainage and Surface Water Management Utility The City Clerk read the ordinance by title only. ORDINANCE NO. 2012-43, AN ORDINANCE relating to the stormwater fees for the Storm Drainage and Surface Water Management Utility; setting the annual base rate of the stormwater fee for 2013 and 2014; and amending Sections 7.80.110 of the City of Yakima Municipal Code to reflect said fee 5. Audience Participation Jerry Ward, 409 N. 36th Avenue, Yakima, and President of the Parker Youth Sports Commission, discussed the activities of the Parker Youth Sports Commission and invited Council and the community to their open house on November 29, 2012 at the Larsen building. Charles Noel, 1101 N. 4th Street, Yakima, spoke in opposition of President Obama being re- elected and the increasing taxes and medical costs. PUBLIC HEARINGS 6. Public hearing to consider legislation modifying the Downtown Yakima Business Improvement District in accord with the terms of Council Resolution 2012-131, as required by statute for public participation in the consideration of said modification. City Attorney Jeff Cutter briefed Council on the ordinance. Mayor Cawley opened the public hearing Roger Wilson, 15 N. Naches Avenue, Yakima, spoke in favor of the downtown plans and approves of Council's direction He mentioned a minor concern about occupiable space Tony Sandoval, 1 W Yakima Avenue, Yakima, spoke in favor of the direction Council is moving under the current leadership. He recommended a change under exhibit B to add language "by Yakima Police Department" to put some teeth into creating a safe environment. He also presented a letter he received from Lonnie Davis of Russillos Pizza about the positive things happening downtown. Joe Mann, 6 N 3rd Street, Yakima, spoke in favor of the leadership and the direction we are going and thanked all the participants. Mayor Cawley closed the public hearing The City Clerk read the ordinance by title only. Page 2 of 6 Adkison moved and Ensey seconded to pass the ordinance. Cawley moved and Lover seconded to amend the ordinance by adding safety services in conjunction with the Yakima Police Department. Motion carries 6-0 with a unanimous roll call vote, Bristol absent. ORDINANCE NO. 2012-44, AN ORDINANCE of the City of Yakima, Washington, relating to a Downtown Business Improvement Area; modifying the existing Downtown Yakima Business Improvement District (hereinafter DYBID) boundaries to 1) provide for a reduced assessment area, 2) modify the services provided within the DYBID area and 3) change the assessment structure applicable to the modified DYBID area Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey Passed 6-0 Council Members voting Aye. Adkison , Cawley , Coffey , Ensey , Ettl , Lover Council Members Absent: Bristol . 7. Public Hearing on the proposed 2013 Revenue and Expenditure Budget for the City of Yakima City Manager O'Rourke presented a balanced budget for 2013. He explained this budget is presented with no tax increases and minimal increased charges by the City. The City is maintaining an adequate reserve and has instituted a 2% vacancy rate. He has requested wage concessions with no compliance, and will save money and reduce the size of government through attrition. The City will be doubling the size of the gang unit and adding an additional police officer position for the Violent Crime Task Force. Council Member Coffey mentioned her concerns with the 2% vacancy rate. She also questioned if the Bond Council is willing to support the $5 million dollar bond without a guaranteed funding source. Finance Director Cindy Epperson explained this is a full faith credit bond and funding would be taken out of the budget. Council Member Ettl stated we are putting resources out there in an attempt to build trust and add to our investment. He brought up the Utility Tax implemented and would like to see where the money has been spent, referencing his memo from December 2011. Mayor Cawley opened the public hearing. Lynne Kittlelson, 305 N 9th Street, Yakima, commended staff on a very readable budget and referenced pages 10, 11 and 17, which show graphs regarding taxes and where we are within the state in sales, property and utility taxes She also encouraged Council to move forward with the car tab fee Council Member Coffey noted she received a note from Daniel Stoby, who indicated his opposition to the new underpass. Mayor Cawley closed the public hearing. 8. Public Hearing on Revenue Sources and Consideration of Legislation pertaining to Ad Valorem Taxes to be levied for collection in Fiscal 2013 Year: Ordinance A) Declaring the City Council's intent to increase the City's 2013 regular property tax levy up to 100% of the amount levied in the previous year, plus new construction and annexation.Ordinance B) fixing and levying the 2013 ad valorem property taxes and excess levy taxes for the City of Yakima. Finance and Budget Director Cindy Epperson briefed Council on the ordinances and noted in 2009 they did not initiate the levy as the rate of inflation was negative. Mayor Cawley opened the public hearing, and with no one coming forward to speak closed the public hearing. Page 3 of 6 The City Clerk read the ordinance by title only ORDINANCE NO. 2012-45, AN ORDINANCE relating to the annual property tax levy; declaring the City Council's intent to increase the City's 2013 regular levy up to 101% along with new construction, annexation and growth in state -assessed property values from the amount levied the previous year Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Passed 4-2. Council Members voting Aye: Adkison , Cawley , Coffey , Ettl . Council Members voting Nay: Ensey , Lover . Council Members Absent: Bristol . The City Clerk read the ordinance by title only. ORDINANCE NO. 2012-46,.AN ORDINANCE fixing and levying the amount of ad valorem taxes necessary to balance estimated revenue with estimated expenditures for the 2013 Budget for the City of Yakima Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Sara Bristol. Passed 4-2. Council Members voting Aye: Adkison , Cawley , Coffey , Ettl Council Members voting Nay: Ensey , Lover Council Members Absent: Bristol . CITY MANAGER'S REPORTS 9. Resolution accepting 2013 Airport Budget City Manager O'Rourke spoke about a positive balance for the Airport budget. Assistant Mayor Adkison indicated the Airport Board is very strong and good things are happening Council Member Coffey confirmed that the County has already adopted the Airport 2013 budget. The City Clerk read the resolution by title only. RESOLUTION NO. R-2012-142, A JOINT RESOLUTIONOF THE CITY OF YAKIMA AND YAKIMA COUNTYfor AIRPORT RESOLUTION YAT-R-2012-033 a recommended copy of its 2013 annual budget to both the City and County of Yakima for approval. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 10. Resolution approving and ratifying a sole source procurement due to "Special Market Conditions" without calling for bids from Lenco Armored Vehicles to purchase a used and refurbished Lenco Bear Cat Armored Vehicle. City Manager O'Rourke explained this type of issue would normally be presented with the capital portion of the budget; however, the Police Department was offered a good deal and would like to act on it. Chief Rizzi clarified why this vehicle was purchased sole source and referenced an email that was sent to Council from another vendor. He explained his position and the reason for the purchase. Assistant Mayor Adkison questioned how often this type of vehicle would be used. Chief Rizzi explained when the vehicle is used both locally and when providing service to surrounding areas The City Clerk read the resolution by title only RESOLUTION NO. 2012-143, A RESOLUTION approving and ratifying sole source procurement due to "special market conditions" without calling for bids from Lenco Armored Vehicles to purchase a Used Lenco Bear Cat Armored Vehicle. Page 4of6 Motion. Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl Lover . ORDINANCES 11. Ordinance amending Title 9 YMC regarding parking in city -owned public parking lots, repealing provisions regarding Downtown Yakima Parking Commission, and repealing long term parking permits in city -owned public parking Tots. City Manager O'Rourke discussed the issue with downtown parking. Mr. O'Rourke understands this was an issue on the citizen survey and that there is a need to maximize the consumer demand for parking spaces. Ben Shoval, 123 E. Yakima Avenue, Yakima, spoke in opposition to the ordinance. He is concerned about not having parking when he is coming and going 10-12 times a day and about how many people would be drastically impacted. Steve Altmayer, 1103 N. 79th Avenue, Yakima, spoke in opposition to the ordinance and doesn't think this is a problem that needs to be fixed. Bill Duerr, 3206 W. Yakima, spoke in opposition to removing the parking permits in various Tots and spoke in agreement with the two previous gentlemen who spoke on the issue. Council Member Lover questioned whether there is an agreement for parking with the Mercy Theatres City Manager O'Rourke stated he would check into it. Council Member Ensey questioned how they could amend the ordinance to remove the 30 percent parking permit issue. City Attorney Cutter noted they could repeal that portion and leave 9 50.220 in effect. The City Clerk read the ordinance by title only. Ensey moved and Bristol seconded to pass the ordinance without section 3. Bristol moved and Coffey seconded to amend the ordinance and strike the word consecutive which occurs twice in that paragraph. Motion passes 5-2 with Council Members Ettl and Lover voting no. ORDINANCE NO. 2012-47, AN ORDINANCE relating to downtown vehicle parking; repealing Chapter 9.49 of the Yakima Municipal Code regarding downtown Yakima parking commission; amending Section 9 50.215 regarding parking in city -owned public parking lots, repealing Section 9.50.220 regarding long term parking permits. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol Passed 6-1. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Lover . Council Members voting Nay: Ettl . 12. Other Business None 13. Adjournment The meeting adjourned at 7:47 p.m. to a Council Study Session on November 27, 2012 at 10 a.m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Approved 6-0. Council Members voting Aye: Adkison , Cawley , Coffey Ensey , Ettl , Lover Council Members Absent: Bristol Page 5 of 6 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST. COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 6of6 YAKIMA CITY COUNCIL STUDY SESSION November 27, 2012 Council Chambers -- City Hall 10 a.m. City Council Study Session regarding Gang Free Initiative MINUTES Eg« Back g Print I,„ayr'.,A 21P1.,(ai£si/k0s0.014ia,Vii viFltk'i.'r'_fl"'... 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl (arrvied at 10:20 a.m.) and Bill Lover Staff: City Manager O'Rourke and City Clerk Claar Tee Guest: Consultant Steve Magallan, Magallan Consultancy 2. Discussion regarding Gang Free Initiative Steve Magallan reviewed a Power Point presentation and explained each step of the Gang Free Initiative (GFI) process He reported on the gang resistance and intervention programs framework of 3 entry points: community, police, and schools. Any one of these areas can request outreach for an individual, which brings the person to a screening process. The outreach specialist can deem what track they recommend for the individual, and at anytime a physician can intervene in the process. WARNS is the metric measuring system provided free of charge by the State, which they will utilize Suppression is vital during this process and there is zero tolerance. Mr. Magallan reviewed the re-entry strategy and players involved and discussed the Madison House Tutoring Incentive Program, which provides opportunities for after school homework assistance, tutoring, and other education -based programs Mr Magallan stated the GFI Committee wants to expand existing programs rather than create new programs. He also discussed the YMCA Aspire Mentoring Program and the GFI Committee is looking to double the existing program. He discussed the YPAL Life Skills Program and the idea of expanding and enhancing the existing program. The GFI Committee will also work with Juvenile Court to provide targeted outreach to high risk youth and families. The outcome of all programs is to lower risk of gang involvement among participants Robin Berndt, Juvenile Court Administrator, noted they are sharing grants, an outreach worker has been hired and trained and they are already working with a handful of kids She says they have seen this work in gang court with amazing results. Chief Rizzi mentioned their hope for flipping gang members into ambassadors for this program. Council discussed indicators and markers for gang activity and budget issues. Council Members Adkison, Coffey and Ettl spoke in support of the plan and thanked Mr Magallan and Lt. Merryman for their efforts. Page 1 of 2 Council Member Lover asked about the Safe City Program and if they are a partner Mr. Magallan took the best proposals for this program and is not excluding any group intentionally. Council Member Ettl stated he will reach out to that group Council Member Lover questioned whether this should be a permanent employee position rather than one that is contracted out. City Manager O'Rourke believes hiring a permanent employee would cost nearly twice as much. Lynne Kitteison, 305 N 9th Street, spoke in favor of the plan and thanked everyone involved. She also recommended Council read a book about the Four Principles of Execution and Leadership. Carol Folsom -Hill, 15 S. 6th Street, spoke strongly in support of this program and noted she is a member on the GFI Steering Committee She stated this is real change for our community and it is a community -wide issue. Mr Magallan stated he will bring back proposed contracts at one of the next council meetings Coffey moved and Adkison seconded to adopt the plan. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Approved 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 3. Adjournment The meeting adjourned at 12.06 p.m. to the next Council Business meeting on December 4, 2012 at 6 p.m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. 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 YAKIMA CITY COUNCIL December 4, 2012 Council Chambers 5:00 p.m. Executive Session; 6 p.m. Business Meeting MINUTES ®'' Back L Print 5t , EXECUTIVE SESSION 1. Roll CaII 2. Executive Session regarding pending and 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 Present: 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, 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 i Husky/Cougar Day Proclamation Mayor Cawley read the proclamation for Cougar Day. Dave Hargreaves and Dana Dwinell from Yakima Downtown Rotary thanked Council for the proclamation and presented Mayor Cawley with a WSU Cougar helmet plaque B. Presentations/recognitions/introductions Council recognized City Clerk Sonya Claar Tee for her 20 years of service to the City of Yakima 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: 4D Resolution authorizing the City of Yakima's 2013 assessment from the Yakima Valley Page 1 of 6 Conference of Governments 4F. Ordinance amending YMC 9.50.220 pertaining to long-term parking permits on City -owned parking lots The following items were added to the consent agenda: 8. Resolution authorizing an Interlocal Agreement with Selah, Washington, for the City of Yakima to provide building inspection services. 9 Resolution authorizing amendment to the existing Professional Services Agreement with Pharmer Engineering for the Upflow Anaerobic Sludge Blanket (UASB) Bioreactor and Electrical Improvements project. 10. Resolution Authorizing Certain Parking Citations to be Written Off 11 Resolution Authorizing Certain Uncollectable Central Accounts Receivables to be Written Off 12. Resolution authorizing the write off of certain uncollectable utility accounts receivable funds for the City of Yakima 13 Ordinance amending the Downtown Yakima Business Improvement District Advisory Board reflecting a reduced membership and revised election process, as required by the Ordinance that modified the Downtown Yakima Business Improvement District 14. An emergency ordinance relating to Public Safety; repealing sections 6 08.010, 6.08.020, 6.08 025, 6 08.070, 6 08.090, 6.08 100, and 6 08.200 of the City of Yakima Municipal Code and adopting selected Revised Code of Washington statutes contained in Chapter 69.50 for the purpose of enacting and enforcing the recently approved Initiative Measure No 502, An Act Relating to Marijuana. 17 Legislation regarding the financing and purchase of one Fire Apparatus A) An ordinance authorizing the acquisition of one Fire Apparatus and the execution of a related financing contract with the Office of the State Treasurer and other related documentation. B) A reimbursement resolution declaring that the City reasonably expects to reimburse expenditures for the purchase of the Fire Apparatus with the proceeds of the financing contract. 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 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . A. Confirm and ratify setting of Closed Record Public Hearing for December 11, 2012, to consider amendments to municipal code pertaining to adult entertainment. December 11, 2012 was set as the date of closed record public hearing to consider amendments to municipal code pertaining to adult entertainment. B. Resolution authorizing a contract with the State of Washington Liquor Control Board and the Yakima Police Department to provide office space for a State Liquor Control Enforcement Officer. RESOLUTION NO. R-2012-144, A RESOLUTION authorizing and directing the Chief of Police of the City of Yakima to execute an interlocal agreement with the Washington State Liquor Control Board for placement of a Liquor Control Board Enforcement Officer in the Yakima Police Department. Page,2 of 6 C. Resolution concerning City of Yakima Management Group pay and compensation, cancelling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2013, as provided in YMC 2.20.116 (C). RESOLUTION NO. R-2012-145, A RESOLUTION concerning City of Yakima Management Group pay and compensation, cancelling the annual Management Group employee's pay and compensation adjustment provided by YMC 2.20.116 for management employee compensation, effective for the calendar year 2013, as provided in YMC 2.20 116 (C) D. Resolution withdrawing Comprehensive Plan Amendment and Rezone from further Council consideration and rescinding the Council's direction to remand this matter back to the City of Yakima's Planning Commission RESOLUTION NO. R-2012-146, A RESOLUTION withdrawing Comprehensive Plan Amendment #003-12 and Rezone #003-12 from further Council consideration and rescinding the Council's direction to remand this matter back to the City of Yakima's Planning Commission. E. Ordinance Amending the Classification and Compensation Plan for Certain City Employees specifically Subsection 2.20.100A; 2.20.100B; 2.20.100C; 2.20.110A, 2.20.1108, 2.20.110C; 2.20.110G all of the City of Yakima Municipal Code ORDINANCE NO. 2012-48, AN ORDINANCE amending the Classification and Compensation Plan for Certain City Employees specifically Subsection 2.20 100A; 2.20.100B; 2.20 100C; 2.20.110A, 2.20 1106,2.20 110C; 2.20.110G all of the City of Yakima Municipal Code. F. Resolution authorizing an Interlocal Agreement with Selah, Washington, for the City of Yakima to provide building inspection services. RESOLUTION NO. R-2012-147, A RESOLUTION approving and authorizing the City manager to execute an interlocal agreement between the City of Yakima and City of Selah for building inspection services. G. Resolution authorizing amendment to the existing Professional Services Agreement with Pharmer Engineering for the Upflow Anaerobic Sludge Blanket (UASB) Bioreactor and Electrical Improvements project. RESOLUTION NO. R-2012-148, A RESOLUTION authorizing the City Manager to amend the City's current Professional Services Agreement with Pharmer Engineering (City Contract No. 2011-43) in the amount not to exceed $231,312 to include additional design development and engineering services during the construction phase of the UASB and Electrical Improvements project. H. Resolution Authorizing Certain Parking Citations to be Written Off RESOLUTION NO. R-2012-149, A RESOLUTION authorizing the write-off of certain uncollectable parking citations and penalties for the City of Yakima I. Resolution Authorizing Certain Uncollectable Central Accounts Receivables to be Written Off RESOLUTION NO. R-2012-150, A RESOLUTION authorizing the write-off of certain uncollectable central accounts receivables for the City of Yakima. J. Resolution authorizing the write off of certain uncollectable utility accounts receivable funds for the City of Yakima RESOLUTION NO. R-2012-151, A RESOLUTION authorizing the write-off of certain uncollectable accounts receivable by the utility funds of the City of Yakima. K. Ordinance amending the Downtown Yakima Business Improvement District Advisory Board reflecting a reduced membership and revised election process, as required by the Page 3 of 6 Ordinance that modified the Downtown Yakima Business Improvement District ORDINANCE NO. 2012-49, AN ORDINANCE concerning Administration, amending the Yakima Municipal Code providing for a Downtown Yakima Business Improvement District Advisory Board to change the membership specifications and the election process for Board members; and modifying Chapter 1 33 020 of the Yakima Municipal Code. L. An emergency ordinance relating to Public Safety; repealing sections 6.08.010, 6.08.020, 6.08 025, 6 08.070, 6.08.090, 6.08.100, and 6 08.200 of the City of Yakima Municipal Code and adopting selected Revised Code of Washington statutes contained in Chapter 69.50 for the purpose of enacting and enforcing the recently approved Initiative Measure No. 502, An Act Relating to Marijuana. ORDINANCE NO. 2012-50, AN ORDINANCE relating to Public Safety; an emergency ordinance repealing sections 6.08 010, 6.08 020, 6 08.025, 6.08.070, 6 08.090, 6 08.100, and 6 08.200 of the City of Yakima Municipal Code and adopting selected Revised Code of Washington Sections contained in Chapter 69 50 for the purpose of enacting and enforcing the recently approved Initiative Measure No. 502, An Act Relating to Marijuana. M. Legislation regarding the financing and purchase of one Fire Apparatus A) An ordinance authorizing the acquisition of one Fire Apparatus and the execution of a related financing contract with the Office of the State Treasurer and other related documentation B) A reimbursement resolution declaring that the City resonably expects to reimburse expenditures for the purchase of the Fire Apparatus with the proceeds of the financing contract. ORDINANCE NO. 2012-51, AN ORDINANCE of the City of Yakima. Authorization for the acquisition of personal property and execution of a financing contract and related documentation relating to the acquisition of said PERSONAL PROPERTY. 5. Audience Participation Judy Boekholder, 120 Alteejen Road, Zillah, spoke on behalf of the Northern Railway Museum, which hosts a toy train event each year in Toppenish that they advertise by hanging banners in Yakima It is a family oriented event and pulls people from all over Washington. She is concerned they will no longer be able to advertise on banners over Yakima Avenue with the upcoming revision on the ordinance CITY MANAGER'S REPORTS 6. Resolution accepting and authorizing the City of Yakima's 2013 assessment from the Yakima Valley Conference of Governments. Council Member Ettl questioned whether the increase was based on the railroad underpass City Manager O'Rourke confirmed that is the reason for the increase. The YVCOG dues are based on three things total population, a flat fee for MPO services and a percentage of STP grants Because we received half of the STP funding in 2012 ($5 million of $10 million) our dues went up significantly. The City Clerk read the resolution by title RESOLUTION NO. R 2012-153, A RESOLUTION accepting the 2013 Yakima Valley Conference of Governments Budget and authorizing the City of Yakima's 2013 assessment. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey. Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 7. Ordinance amending YMC 9.50.220 pertaining to long-term parking permits on City -owned parking lots Page 4 of 6 Bill Duerr, 3206 W. Yakima Avenue, Yakima, related his concerns with several areas of the ordinance He believes it is confusing and could be cleared up with a few changes. Council Member Coffey stated she would defer to Legal. City Attorney Cutter stated some of the language under 9a could be stricken to clarify the ordinance The City Clerk read the ordinance by title Bristol moved and Ettl seconded to amend the ordinance in 9a by striking the words first come first serve basis, 2nd line, strike 3rd line in section 9b, strike on a first come first serve basis. The motion to amend carried 7-0. ORDINANCE NO. 2012-52, AN ORDINANCE relating to long-term parking permits for City - owned parking lots; amending Section 9 50.220 of the Yakima Municipal Code. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Passed 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 8. Six Point Action Plan for Downtown City Manager O'Rourke briefed Council on the master development plan for downtown. Lonnie Davis, 1 West Yakima Avenue, spoke in support of a master plan for downtown. He lives in Puyallup and is the owner of Russillos Pizza at Track 29. He also noted Yakima has been a baseball town for generations and in 1953, he and 14 others hopped on a train and came back baseball champions of the world Candie Turner, 7800 W. Mead Avenue, Yakima, agreed with the City Manager and supports his plans for downtown. Ensey moved and Bristol seconded to accept the six point action plan and authorize staff to move forward. Council expressed their excitement with•the City Manager's plans for downtown. Motion. Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 9. Resolution authorizing City Manager to approve city owned on-site clinic contract with Mi -Care City Manager O'Rourke briefed Council on the issue. Mayor Cawley thanked Deputy Human Resources Manager Cheryl Ann Mattia for her hard work on the miCare clinic. The City Clerk read the resolution by title RESOLUTION NO. R-2012-154, A RESOLUTION authorizing the City Manager to execute an employer agreement by and between the City of Yakima, Washington ("Employer"), and miCare, LLC, a Montana limited liability corporation ("miCare") for medical services in the City on-site clinic. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover ORDINANCES 10. Ordinance Adopting a Budget for the City of Yakima, Washington for 2013 City Manager O'Rourke reported on the 2013 budget. Council Member Lover Page 5 of 6 questioned whether any policy issues were coming forward. Mr. O'Rourke noted they are already in the budget and reminded Council they can always amend the budget in the future. The City Clerk read the ordinance by title. ORDINANCE NO. 2012-53, AN ORDINANCE adopting a budget for the City of Yakima, Washington, for the year 2013; and making appropriations for estimated expenditures. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Passed 7-0. Council Members voting Aye: Adkison ,Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 11. First reading of an Ordinance amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 to provide for increases in the fuel costs, andan additional contribution to Tahoma Cemetery operations. Council Member Lover requested a fuel reduction report, which Finance Director Epperson will provide. The City Clerk read the ordinance by title (no action required at this meeting; second reading scheduled for December 11, 2012). AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 to provide for increases in the cost of fuel, and an additional contribution to Tahoma Cemetery operations 12. Other Business Council briefly discussed a revision of the Council Committee structure, which the City Manager will align with the Strategic Priorities and bring back for discussion at the January 8, 2013 Council meeting. 13. Adjournment The meeting adjourned at 7:10 p.m. to the next Council Business meeting on December 11, 2012 at 6 p.m 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 6 of 6 YAKIMA CITY COUNCIL December 11, 2012 Council Chambers 6 p.m. Business meeting; 7 p.m. Public Hearing MINUTES El*. Back Print "::i'FO:WiT ' Y.41 '4'-fMt.itVanfW-V-gr..'Cp.11prMi-aFS: BUSINESS MEETING 1. Roll Cali 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, 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 i. Homeless Persons' Memorial Day Mayor Cawley proclaimed December 21 as Homeless Persons' Memorial Day Rhonda Hauff accepted and thanked Council for the proclamation and encouraged the community to attend their 8th Annual Event on December 21 at 5:00 p m at the Millennium Plaza for a lighting ceremony. B. Appointments to Boards, Commissions and Council Committees i. Reappointment of Wanda Riel of the Holiday Inn, Penny Baker of the Oxford Suites and Connie Webb with Comfort Suites to the Hotel Motel/Tourist Promotion Area (TPA) Commission. Council Member Bristol confirmed the Nominating Committee recommends these appointments. Motion: Approve, Moved by Council Member Rick Ens. ey, Seconded by Assistant Mayor Maureen Adkison. Approved 7-0 Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 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. Item 4F, Resolution authorizing Second Amendment to the Block by Block Agreement for Professional and Ambassador Services in the Downtown Yakima Business Improvement District (DYBID) was removed from the consent agenda. The following items were added to the consent agenda. Page 1 of 9 10. Resolution authorizing Amendment to the Site Use Contract with the Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage and maintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008-117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family Development Center 11 Resolution authorizing Agreements between the City of Yakima and the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and/or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center 12. Resolution authorizing a Contract with Magallan Consultancy for Gang Free Initiative Coordination Services 13 Resolution authorizing an agreement with Jim Justin Government Relations Consulting for state legislative and administrative advocacy services. 14. Resolution authorizing a Professional Services Agreement with Ridolfi'Inc., for Engineering Services in an amount not to exceed $710,000 for evaluation and design of Phase II of the Effluent Pipeline Relocation and Discharge Channel Project at the City's Wastewater Treatment Plant (WWTP) 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 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . A. Consideration of approval of City Council Meeting Minutes i City Council minutes of September 18, 2012 Adjourned City Council Business meetings and of September 15, 2012 Adjourned City Council Study Sessions The minutes of the September 18, 2012 Business meeting and September 25, 2012 Adjourned 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. Consideration of approval of Council Committee Meeting Minutes i Boards & Commission Nominating Committee minutes of November 30, 2012 The minutes were approved. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . C. Final Contract Payment for MBI Construction Services, Inc. - Project 199 City Facilities HVAC Upgrade (Standard Motion V -B - Accept the project and approve the final payment) The report from the City Engineer, dated November 16, 2012, with respect to the completion of the work on the City Facilities HVAC Upgrade, performed by MBI Construction Services, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. D. Resolution authorizing a Development Agreement with Wayne Clasen and Apple Land Investments, LLC Page 2 of 9 RESOLUTION NO. R-2012-155, A RESOLUTION authorizing and directing the City Manager to execute a Development Agreement with Wayne Clasen and Apple Land Investments, LLC (hereinafter "Property Owner"), to implement a Property Use and Development Agreement (hereinafter "Agreement"). E. Resolution authorizing Fourth Amendment to 911 Support Services Agreement RESOLUTION NO. R-2012-156, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Fourth Amendment to the "911 Support Services Agreement" with Yakima County for the provision of 911 services that extends the term of the Agreement to December 31, 2013 F. Resolution authorizing an interlocal agreement with the City of Selah for Jail Services RESOLUTION NO. R-2012-157, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Selah to allow the City of Yakima to house prisoners of the City of Selah at the Yakima City Jail G. Resolution authorizing an agreement with the Yakima National Little League Association for baseball field maintenance and concession stand operation at Elks Park Athletic Complex RESOLUTION NO. R-2012-158, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Yakima National Little League Association regarding the Elks Park Athletic Complex. H. Second reading of an Ordinance amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 to provide for increases in the fuel costs, and an additional contribution to Tahoma Cemetery operations. ORDINANCE NO. 2012-54, AN ORDINANCE amending the 2012 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2012 to provide for increases in the cost of fuel, and an additional contribution to Tahoma Cemetery operations. I. Ordinance amending Section 1 46.026 of the YMC relating to City Council Committee and Commissions to amend residency requirements for members of the City of Yakima Planning Commission. ORDINANCE NO. 2012-55, AN ORDINANCE relating to City Council Committees and Commissions, amending the residency requirements for the City of Yakima Planning Commission members to allow non-residents of the City that own and/or operate businesses and properties that are located within the City to be members of the Commission, and specifically amending Section 1.46 026 of the Yakima Municipal Code J. Ordinance granting a telecommunications system franchise to Zayo Group, LLC. ORDINANCE NO. 2012-56, AN ORDINANCE granting a non-exclusive franchise to Zayo Group, LLC ("Zayo") 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. K. Resolution authorizing Amendment to the Site Use Contract with the Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage andmaintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008-117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family Development Center Page 3 of 9 RESOLUTION NO. R-2012-159, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Amendment to the Site Use Contract between the City of Yakima and Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage and maintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008-117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family' Development Center. L. Resolution authorizing Agreements between the City of Yakima and the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and/or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. RESOLUTION NO. R-2012-160, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Agreements with the Yakima YMCA, the Yakima Police Athletic League, People for People, and the Union Gospel Mission to provide evidence based programming and/or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. M. Resolution authorizing a Contract with Magallan Consultancy for Gang Free Initiative Coordination Services RESOLUTION NO. R-2012-161, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Agreement Between the City of Yakima and Magallan Consultancy to extend the GFI Planning/Consulting and Coordination for 2013. N. Resolution authorizing an agreement with Jim Justin Government Relations Consulting for state legislative and administrative advocacy services. RESOLUTION NO. R-2012-162, A RESOLUTION authorizing the City Manager to execute the attached and Agreement for Professional Services with Jim Justin Government Consulting Services for state legislative and administrative advocacy services O. Resolution authorizing a Professional Services Agreement with Ridolfi Inc , for Engineering Services in an amount not to exceed $710,000 for evaluation and design of Phase II of the Effluent Pipeline Relocation and Discharge Channel Project at the City's Wastewater Treatment Plant (WWTP). RESOLUTION NO. R-2012-163, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Ridolfi, Inc in the amount not to exceed $710,000 for Engineering Services for evaluation and design of Phase II of the Effluent Pipeline Relocation and Discharge Channel Project at the City of Yakima Wastewater Treatment Plant. Motion: Approve, Approved 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 5. Audience Participation Bill Duerr, 3206 W. Yakima Ave , Yakima, read a prepared statement regarding his concerns on the revised parking ordinance. PUBLIC HEARINGS 6. Two Ordinances. (A) Ordinance amending YMC 15.09.200; and (B) Ordinance amending Chapter 5 30 YMC; amending zoning regulations and licensing requirements for adult entertainment businesses and uses, respectively. (Closed Record Hearing ) Mark Kunkler, Senior Assistant City Attorney, briefed Council on the ordinances The City of Yakima Planning Commission recommends approval. The City also worked closely with the Zonta Club on this issue Mayor Cawley opened the public hearing, and with no one coming forward to speak, closed the Page 4 of 9 public hearing The City Clerk read the ordinances by title. Ensey moved and Lover seconded to approve the ordinance. The ordinance passed by unanimous roll call vote. ORDINANCE NO. 2012-57, AN ORDINANCE relating to land use regulation; amending Section 15 09.200 of the Yakima Municipal Code regarding adult entertainment businesses and uses The City Clerk read the ordinance by title ORDINANCE NO. 2012-58, AN ORDINANCE relating to business licensing and regulation; amending Chapter 5.30 of the Yakima Municipal Code regarding business licensing and regulation of adult entertainment businesses and uses Motion. Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover Passed 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . CITY MANAGER'S REPORTS 7. Resolution authorizing Second Amendment to the Block by Block Agreement for Professional and Ambassador Services in the Downtown Yakima Business Improvement District (DYBID) City Attorney Cutter noted a minor change on the contract, which did not change any of the funding elements. The City Clerk read the resolution by title RESOLUTION NO. R-2012-164, A RESOLUTION authorizing and directing the City Manager to execute the Second Amendment to the Block By Block Agreement for Professional and Ambassador Services Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Approved 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 8. Transit Five -Year Financial Forecast and Financial Plan to provide for fund stability. City Manager O'Rourke briefed Council on the need for a Transit five-year financial forecast. He noted Transit has had only 2 fare increases in 30 years. He recommends reducing holiday service, eliminating the van pool to Redmond, and a slight increase in fares, which will be discussed at an upcoming public hearing. Council Member Ensey questioned if the City will look at privatizing Transit. City Manager O'Rourke noted this will be looked at under managed competition Council Member Lover noted 30% of our revenue is from State Grants and questioned how long this can continue? City Manager O'Rourke stated we need to become less reliant on State money and outside sources. Lynne Kittelson, 305 N 9th Street, Yakima, complained about a bus route change on August 27. Council Member Coffey questioned if the City would still be providing shuttle service during the fair. City Manager O'Rourke confirmed the City will continue fair service as well as 4th of July service. Council Member Bristol thanked the staff for coming up with approximately $800,000 cost savings. Bristol moved and Adkison seconded to begin the public hearing process on this issue. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Page 5 of 9 Maureen Adkison Approved 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 9. Airport Proposal City Manager O'Rourke briefed Council on the proposal. In 1982 the City and County entered into a joint operation agreement of the Airport, which he believes is an awkward business model. The County would like the City to -take back ownership of the Airport. ,There is currently a request for proposals for managed competition of the Airport with a response due January 7, 2013. Lynn Buchanan, 3311 W Chestnut, Yakima, complained about several issues with the Airport over the last 30 years. He supports the County relinquishing ownership to the City Candie Turner, 7800 W. Mead, Yakima, spoke in support of Lynn Buchanan's position and of the City becoming sole owners of the Airport. Council Member Ensey stated he would like to see a plan in place as there are for other projects, and would like to see the focus on running a traditional municipal airport. Council Member Coffey noted she is concerned about the rapid pace of change for the Airport. Mr. O'Rourke stated the current structure is set up for failure and he strongly favors City ownership, and reminded Council he will be accountable. Assistant Mayor Adkison noted she is the City's ex -officio on the Airport Board and the Airport needs stability. Council Member Bristol suggested a study session in January on the Airport before making a decision Council Member Lover spoke in favor of the proposal. He believes the Airport is an economic generator, which we are not collecting on. Les Flue, Chairman of the Airport Board, reminded Council that the Airport Board recommended reviewing the Joint Operating Agreement about 5 years ago, and believes the Airport Board has very limited authority. Mr. Flue noted many mistakes have been made and they are working to resolve them He feels they are making significant progress and spoke in favor of the proposal Lover moved and Ensey seconded the City is interested in the County's offer. It was Council consensus to schedule a study session on this issue in January Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey Approved 6-1 Council Members voting Aye: Adkison , Bristol , Cawley , Ensey , Ettl , Lover . Council Members voting Nay• Coffey 10. Resolution authorizing an agreement with the Downtown Yakima Rotary Club for a New Playground at Franklin Park Dave Hargreaves and Kelly Connaughton from Yakima Rotary discussed plans for the new playground equipment. The project should be completed with a community installation in April or May, weather permitting. Council thanked the Rotary Club for all their efforts in the community The City Clerk read the resolution by title. RESOLUTION NO. R-2012-165, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and the Downtown Yakima Rotary Club for development of a playground facility in Franklin Park Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . Page 6 of 9 11. Resolution establishing fees and procedures applicable to facilities and functions of the Yakima Parks and Recreation Division of the City of Yakima Parks and Recreation Manager Ken Wilkinson briefed Council on the fee schedule, which has been approved by the Parks Commission. City Manager O'Rourke noted these fees have been budgeted for 2013. The City Clerk read the resolution by title. RESOLUTION NO. R-2012-166, A RESOLUTION establishing fees and procedures applicable to facilities and functions of the Yakima Parks and Recreation Division of the City of Yakima, effective January 1, 2013 Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey., Ensey , Ettl , Lover . 12. Resolution of the Transportation Benefit District Board submitting a ballot proposition implementing a ten year $40.00 annual vehicle license registration fee to the vote of the people on the April 23, 2013 special election. Council adjourned from the regular business meeting and convened as the Transportation Benefit Board. City Manager O'Rourke discussed the poor conditions of our roads and the proposed Transportation Benefit Board (TBD) fee, which he recommends be voted on by the public. This is a $40 car tab fee, which would bring in $2 million annually to help repair roads and would sunset after 10 years Lynn Harden, 913 Pleasant Avenue, Yakima, thanked the City Manager and Police Chief for the work they are doing He stated he is in favor of short term bonds and the city needs to concentrate on road maintenance. Bill Duerr, 3206 W. Yakima Avenue, Yakima, agrees the City needs funding assistance for roads; however, he is concerned with the $40 amount. Lynne Kittelson, 305 N. 9th Street, Yakima, stated the citizens elected Council to make hard decisions, and thinks the TBD should be implemented councilmanically. She is not in favor of spending $70,000 on an election Candie Turner, 7800 Mead, Yakima, stated she is not in favor of having an election and would like Council to make the decision Council Member Coffey agrees with the citizens, that Council needs to address this and make a decision and doesn't feel this will pass at $40. Assistant Mayor Adkison agreed. Council Member Ensey reiterated that he is not in favor of bringing taxes forward; however, he is in favor of letting the public decide. Council Member Lover also spoke in favor of taking this matter to the public. Council Member Bristol said she is in favor of having this voted on by the citizens Council Member Ettl spoke in favor of this but is concerned it may not pass Mayor Cawley noted in the past, the City funded street maintenance through street bonds. Council Member Ettl reminded everyone the last two street bonds failed at the polls. The City Clerk read the resolution by title. Ettl moved and Cawley seconded to change the amount from $40 to $30. The amendment carried 5-2 with Coffey and Adkison voting no. Page 7 of 9 RESOLUTION NO. TBD -R-1, A RESOLUTION of the City of Yakima Transportation Benefit District concerning a voter -approved vehicle license registration fee to pay for road infrastructure needs; submitting a ballot measure regarding road infrastructure funding to the qualified electors of the City of Yakima Transportation Benefit District at an.election to be held on April 23, 2013; requesting that the Yakima County Prosecutor prepare a ballot title; and requesting that the Yakima City Attorney prepare an explanatory statement for Yakima County's local voter's pamphlet Council adjourned from the Transportation Benefit Board meeting and adjourned back to the regular business meeting. Motion. Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover Adopted 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . ORDINANCES 13. Revision of two ordinances related to fees paid for Engineering Design review and inspection of Privately built Public Infrastructure City Engineer Doug Mayo discussed the history of the fees, which have not been increased since 1995. Increasing the fees ensures sustainability and the Central Washington Homebuilders are in favor of the increase. City Manager O'Rourke noted these fees are budgeted for 2013. ORDINANCE NO. 2012- 59, AN ORDINANCE establishing the rates to be charged by the City's Engineering Division to 1) review the design documents for, and inspect the construction of, public works improvements in conjunction with subdivision, development and redevelopment of real property by private parties and 2) to provide required site inspection and document review for Street Break Permit applications; and amending sections 12.20.010, 12,20.020 and 8.72.010 of the City of Yakima Municipal Code Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Rick Ensey. Passed 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover 14. Ordinance Amending Municipal Code Relating to Street and Building Decorations (Banners) City Manager O'Rourke explained the revisions regarding banners Piper Hale, 1201 Meadowlark, Zillah, spoke on behalf of the Northern Rail Museum, that sponsors a toy train event each year in Toppenish that they advertise by hanging banners in Yakima. It is a family oriented event and pulls people from all over Washington He is concerned about community events in Yakima County not being able to utilize banners in the City of Yakima. Council discussed the ordinance. Ensey moved and Bristol seconded to pass the ordinance and strike A under B and re -label B & C. Cawley moved and Ensey seconded to amend the ordinance from 3 months to 6 months. Motion fails 4-3 with Ettl, Adkison, Bristol and Coffey voting no. The City Clerk read the ordinance by title ORDINANCE NO. 2012-60, AN ORDINANCE relating to street banners; adopting new Chapter 8 30 of the Yakima Municipal Code regarding regulation and issuance of permits for street banners and decoration; repealing Chapter 10.32 of the Yakima Municipal Code Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Mayor Micah Cawley Passed 7-0. Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Page 8 of 9 Lover. 15. Ordinance Amending Municipal Code Relating to Special Events / Parades City Manager Tony O'Rourke briefed Council on the item. City Clerk Clear Tee noted a language change on Exhibit A, which was distributed to Council. Council Member Coffey questioned whether the Visitor and Convention Bureau agreed with the ordinance CEO John Cooper confirmed their support. ORDINANCE NO. 2012-61, AN ORDINANCE relating to special events and parades, repealing existing Chapter 9.70 of the Yakima Municipal Code regarding special events and parades, and adopting amended and restated Chapter 9.70 of the Yakima Municipal Code pertaining to permitting and regulation of special events and parades. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Passed 7-0._ Council Members voting Aye: Adkison , Bristol , Cawley , Coffey , Ensey , Ettl , Lover . 16. Other Business *Council Member Lover discussed his recommendation for Council committee assignments, which Council will discuss in full on January 8, 2013 *Assistant Mayor Adkison thanked the City Manager for changing the lights on the trees down Yakima Avenue. *Council Member Bristol reminded Council of an invitation from the Yakima Trolley Association. *Mayor Cawley thanked City staff for their hard work and wished a Merry Christmas to all. *Lover moved and Ensey seconded to have staff bring back legislation for a Charter change for an election so that all City tax increases would require a super majority vote of the Council Motion• Approve, Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey Carried 5-2 Council Members voting Aye: Adkison , Cawley , Ensey , Ettl , Lover . Council Members voting Nay: Bristol , Coffey . 17. Adjournment The meeting adjourned•at 9:17 p m to the next Council Business meeting on January 8, 2013 at 6 p.m. 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 9 of 9