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Home My WebLink About08/21/2012 Business Meeting/Executive Session 268 YAKIMA CITY COUNCIL August 21, 2012 Council Chambers -- City HaII 5:30 -6 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES B Back Print %>°°?r^ " sarff,t; ,,,�� „ : :s � s.. M� x „;`;A:w wF ��; .40-" rxv >. EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Dave Ettl and Bill Lover Absent: Council Members Kathy Coffey (excused) and Rick Ensey (excused) 2. Executive Session regarding Collective Bargaining Executive Session was held and adjourned at 6 p.m. BUSINESS MEETING 1. Roil Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Dave'Ettl and Bill Lover Absent: Council Members Kathy Coffey (excused) and Rick Ensey (excused) Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Presentations /recognitions /introductions i. Presentation of the "2011 Wastewater Treatment Plant Outstanding Performance" award to the City's Wastewater Division by the Department of Ecology Donna Smith with the Department of Ecology presented the City with the "2011 Wastewater Treatment Plant Outstanding Performance" award and congratulated City Wastewater Staff on their hard work and dedication in achieving this award. 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there Page 1 of 5 269 were any additions or deletions from Council members or citizens present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion —see motion directly below.) • Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Carried 5 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey, Ensey . A. Consideration of approval of City Council Meeting Minutes i. City Council minutes from the June 19, July 2 and July 17, 2012 Adjourned Council Business Meetings and June 26, 2012 Adjourned City Council Study Session and the July 10, 2012 Adjourned Joint City /County Study Session. The minutes of the June 19, July 2 and July 17, 2012 Adjourned Business meetings and June 26, 2012 Adjourned City Council Study Session and the July 10, 2012 Adjourned Joint City /County Study Session were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. B. 2nd Quarter 2012 Revenue and Expenditure Report • The report was approved. C. Accounts Receivable Status Report - 2nd Quarter 2012 The report was approved. D. 2nd Quarter 2012 Treasury Report The report was approved. E. Final Contract Payment for Hurst Construction, LLC - Fruitvale Canal and Industrial Waste Improvements (Standard Motion V -B- Accept the project and approve the final payment) The report from the City Engineer, dated June 14, 2012, with respect to the completion of the work on the Fruitvale Canal and Industrial Waste Improvements, performed by Hurst Construction, LLC, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. F. Resolution adopting Yakima Transit's Transit Development Plan for 2012 -2017 and annual report for 2011 as required under RCW 35.58.2795. RESOLUTION NO. 2012 -105, A RESOLUTION adopting Yakima Transit's Transit Development Plan for 2012 -2017 and annual report for 2011 as required under RCW 35.58.2795. G. Ordinance amending Chapters 11.04, 11.22 and 10.05 YMC, adopting 2009 editions of International Building Code, International Residential Code and International Fire Code, • respectively. ORDINANCE NO. 2012 -27, AN ORDINANCE amending Chapters 11.04, 11.22 and 10.05 of the Yakima Municipal Code, adopting 2009 Editions of the International Building Code, International Residential Code and International Fire Code, respectively. H. An Ordinance amending Chapter 8.72 YMC pertaining to standards for issuance of permits for excavations and obstructions within public rights of way and public property. ORDINANCE NO. 2012 -28, AN ORDINANCE amending Chapter 8.72 of the Yakima Municipal Code regarding standards and procedures for issuance of permits for excavations and obstructions within public rights of way and public property. • I. An Ordinance amending Chapter 8.64 YMC pertaining to standards for design and construction of driveway approaches and curb cuts. Page 2 of 5 270 ORDINANCE NO. 2012 - 29, AN ORDINANCE amending Chapter 8.64 of the Yakima Municipal Code regarding standards and permit requirements for driveway approaches and curb cuts. J. An Ordinance amending Chapter 12.06 YMC pertaining to design and construction standards for streets, curbs, street lighting and bicycle and pedestrian facilities. ORDINANCE NO. 2012 - 30, AN ORDINANCE amending Chapter 12.06 of the Yakima Municipal Code regarding design and construction standards for streets, curbs, street lighting, and bicycle and pedestrian facilities. K. An ordinance granting a telecommunications system franchise to PocketiNet Communications, Inc., dba PocketiNet. ORDINANCE NO. 2012 - 31, AN ORDINANCE granting a non - exclusive franchise to PocketiNet Communications, Inc. ( "PocketiNet ") to construct, operate and maintain a Telecommunications System, with all necessary facilities, within the City of Yakima, Washington (the "City "); setting forth provisions, terms and conditions accompanying the grant of this Franchise; providing for City regulation of construction, operation, maintenance and use of the Telecommunications System; prescribing penalties for the violations of its provisions; and setting an effective date. 5. Audience Participation Susan Whitman, 3612 Englewood Avenue, Yakima, spoke on behalf of the Apple Valley Kiwanis Club and requested the City name the Kiwanis Skate Park after former Council Member Ron Bonlender. Bill Duerr, 3206 W. Yakima Avenue, Yakima, apologized for his comments at the previous meeting and noted if he can make negative comments about Council, he can also make positive comments and thanked Council members for attending the National Night Out activities. Sandy Lloyd, 5501 W. Arlington Street, Yakima, complained about the condition of her street over the years and the actions of Street Division employees. Harris Meyer, 1909 W. Yakima Avenue, Yakima, spoke in opposition of the application for a drive through adjustment at 202 E. Yakima Avenue. Tucker Russell, 3429 Goodman Road, Union Gap, stated he seconded Mr. Meyer's comments about opposition of the application for a drive through adjustment at 202 E. Yakima Avenue. Lynne Kittelson, 305 N. 9th Street, Yakima, stated she seconded Mr. Duerr's and Mr. Meyer's comments and complained about the condition of Old North Yakima. Lawrence Breer, 2911 Shelton Avenue, Yakima, spoke in opposition of local gun shows, which do not conduct back - ground checks on individuals purchasing guns. City Attorney Cutter stated this is a state law issue, and the City cannot change state law. Lynn Harden, 913 Pleasant Avenue, Yakima, commented on the passing of Ken Messer, who was strongly involved in the community for over 40 years. PUBLIC HEARINGS 6. Public Hearing and Resolution adopting proposed Findings of Fact supporting enactment of moratorium regarding adult entertainment and adult entertainment businesses. Mayor Cawley opened the public hearing. Danielle Surkatty, 101 N. 58th Avenue, Yakima Avenue, spoke as the Advocacy Chair of the Zonta Club. She spoke in opposition of strip clubs and supports the moratorium. She provided information and suggestions for the ordinance. Page 3 of 5 271 Mayor Cawley closed the public hearing and noted there will be another public hearing on the issue on September 4, 2012 at 7 p.m. CITY MANAGER'S REPORTS 7. 2011 Year -End Medical Insurance Report Dan Fisher, CEO of EMSPRING, the City's health insurance consultant, presented a power point presentation on the City's 2011 Health Care Plan and 2012 current status of the plan. He stressed the City should focus on health, not sickness. 8. Presentation of the 5 Year Financial Plan Finance Director Cindy Epperson gave a Power Point presentation on the City's 5 -Year Financial Plan. City Manager O'Rourke noted they are projecting a series of deficits, which cannot be tolerated; therefore, the City needs to take steps now and still meet the service needs of the community. 9. Resolution authorizing an amendment to the Ellensburg- Yakima Commuter Service Contract with HopeSource to increase the fare for the service provided between the cities of Yakima and Ellensburg, WA. Public Works Director Chris Waarvick briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. 2012 -106, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an amendment to the Ellensburg- Yakima Commuter Service Contract to increase the fare for the service provided by HopeSource between the cities of Yakima and Ellensburg, WA. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Adopted 5 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . 10. Resolution authorizing the implementation of a user fee for the "Beyond the Bell" after school program. Parks and Recreation Manager Ken Wilkinson briefed Council on the issue. • The City Clerk read the resolution by title. RESOLUTION NO. 2012 -107, A RESOLUTION approving and establishing user fee for the "Beyond the Bell" program administered by the Parks and Recreation Division, and authorizing and directing the City Manager to incorporate the user fee for such program into the Parks and Recreation Fee Schedule. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Adopted 5 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . ORDINANCES 11. Ordinance amending Chapter 1.18 YMC pertaining to reorganization of administrative departments and functions of the City of Yakima. City Manager O'Rourke briefed Council on the proposed reorganization. Council Member Lover stated he is in favor of this, as he believes it makes sense with logical assignments. The City Clerk read the ordinance by title. Page 4of5 272 ORDINANCE NO. 2012 -32, AN ORDINANCE relating to administrative departments of the City of Yakima; amending Chapter 1.18 of the Yakima Municipal Code, reorganizing administrative departments. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Passed 5 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . 12. Consideration of legislation authorizing an organizational restructure representing a flatter business model that is strategically focused and customer centered, and (b) approving an ordinance amending the Classification and Compensation Plan for certain City employees specifically Subsection A of Section 2.20.100 and Subsections A and E of Section 2.20.110 of the City of Yakima Municipal Code City Manager O'Rorke briefed Council on the issue and noted they have a revised ordinance, which includes a change of pay for the Chief of Police. The City Clerk read the ordinance by title. ORDINANCE NO. 2012 -33, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective September 23, 2012; amending Subsections 2.20.100A, 2.20.100B, 2.20.1000, 2.20.100D, 2.20.110A, and 2.20.110B, all of the City of Yakima Municipal Code. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Passed 5 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . 13. Other Business None. 14. Adjournment The meeting adjourned at 7:55 p.m. to a City Council Retreat on August 28, 2012 at 9 a.m. at the Convention Center, Suites 100 -300. Motion: Adjourn, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Carried 5 -0. Council Members voting Aye: Adkison , Bristol , Cawley , Ettl , Lover . Council Members Absent: Coffey , Ensey . CERTIFICATION �, �--� READ AND CERTIFIED ACCURATE BY 1( `TJ pf -02• -1 3 OUNCIL MEMBER DATE .1 a 4°- COUNCIL COUNCIL MEMBER DATE A TEST: i r0 0 • x ��LGPI f% CITY CLER -4 ti% �� MAYe "1 `"oct oofi j Page 5 of 5