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Home My WebLink About12/04/2012 Business Meeting/Executive Session 323 YAKIMA CITY COUNCIL December 4, 2012 ° Council Chambers 5:00 p.m. Executive Session; 6 p.m. Business Meeting MINUTES + Back Print �._. ._ Y�' „ ., ..., ,. ..=.. ,�:� . ........ ____ °`�'" "�;' -;", ;;u,.. as ' ✓� " ^ %% EXECUTIVE SESSION 1. Roll Call 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 { • 324 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 2of6 325 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, 2.20.110B, 2.20.110C; 2.20.11 OG 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; 2.20.1000; 2.20.110A, 2.20.1106,2.20.1100; 2.20.11OG 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 Page3of6 326 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 6 327 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 6 328 • 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, and an 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 / f r(� READ AND CERTIFIED ACCURATE BY U / 41 I " -i CO�J' CI 4 /6/ EMBER DATE 4S i —s ti3 COUNCIL MEMBER DATE A TEST: CITY CLER 7 . , * , Z % M OR ; t 1 l 1 (/)% jo Cr - a",". Page 6 of 6