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HomeMy WebLinkAbout11/05/2013 05A Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 11/5/2013 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: See attached minutes Resolution: Other (Specify): Contract: Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description ❑ 7-9-13 minutes Approval of the minutes from the July 16, August 6 and 20, and September 3 and 17, 2013 City Council Business meetings and July 9 and September 9, 2013 Study Sessions. Sonya Claar Tee, City Clerk Ordinance: Contract Term: End Date: Amount: Public Trust and Accountability City Manager Upload Date 10/25/2013 Type Cover Memo 7-16-13 minutes 10/25/203 Cover Memo 8-6-13 minutes 10/25/2013 Cover Memo 8-20-13 minutes 10/25/2013 Cover Memo 9-3-13 minutes 10/25/2013 Cover Memo 9-9-13 minutes 10/28/2013 Cover Memo YAKIMA CITY COUNCIL STUDY SESSION July 9, 2013 Council Chambers -- City Hall 10 a.m. Council Study Session regarding Airport Development Plan and Airport Master Plan MINUTES Back Print 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City O'Rou . - , i : City Clerk laar Te 2. Four Point Y ima Ai er e Deve men L -- Presentation by Aislanners City Manage Myers revie Yakima (YKM) Market Analysis: Objectives *Understand existing YKM market dynamics *Evaluate opportunities for YKM improvement YKM Market Analysis: Data Sources *YKM air passenger survey *Yakima employer survey *Air travel statistical databases YKM Market Analysis: Outline *YKM passenger profile *Market leakage and competitive airports *Satisfaction with existing YKM flight service *Preferences for improvement el fromirplanners, LLC. Mr. ed the followi Mr. Myers reviewed the Airport's current schedule and some action steps, with the first step being to improve the relationship with Alaska Air to increase load factors and frequency. He reported up until 2006 - 2007 we had five flights a day flying in and out to Seattle. Service was expanded with Delta Airlines, which unfortunately did not stay when Delta merged with Northwest Airlines. The community lost focus and now there is a 72 percent leakage rate, which needs to be captured. Council discussed some steps they can take in the near future. 3. Airport Master Plan Update John Yarnish with URS stated they have been working on the Airport Master Plan since 2011. He feels the Master Plan is a key element, which will allow airport staff and City officials to make Page 1 of 2 informative and timely decisions to meet the growing demands. He reviewed the Master Plan with Council. City Manager O'Rourke noted the first priority is the Airfield and then they will look at the terminal. Rob Peterson, Airport Manager, believes they can begin looking at Terminal construction in 2018-2020. 4. Adjournment The meeting adjourned at 11:48 a.m. to the next Council Business meeting on July 16, 2013 at 6 p.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 COUNCIL MEMBER DATE COUNCIL MEMBER ATTEST: DATE Page 2 of 2 YAKIMA CITY COUNCIL July 16, 2013 City Hall -- Council Chambers 5:45 p.m. Executive Session; 6 p.m. Business Meeting MINUTES Back Print 1111111111111111111111111111111111111111111111111111111111111111 EXECUTIVE SESSION 1. Roll Call 2. Executive Session regarding Pending Litigation Executive Session was held and adjourned at 5:59 p.m. BUSINESS a TING 1. Roll Call Council: Ma Micah :wing, Ma .. een Adson, Council Members Sara Bristol, athy C. -y, 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. Recognition of retiring employee Chris Waarvick for over 32 years of service to the City of Yakima. Former Assistant City Manager Fred Stouder commended retiring Public Works Director Chris Waarvick for his years of service. City Manager O'Rourke and Council members thanked Public Works Director Chris Waarvick for his 32 years of service. ii. Recognition of retiring Police Officer Mark Quillen for 18 years of service to the City of Yakima. Mayor Cawley noted a correction on the agenda, Officer Quillen is retiring after 28 years of service, not 18. Chief Rizzi thanked Officer Quillen for his 28 years of service, professionalism and dedication to the Police Department and the City of Yakima. iii. Recognition of City employee Jodi Stephens for exemplary individual achievement and performance in her job. City Clerk Claar Tee recognized and thanked Deputy City Clerk Stephens for her exemplary Page 1 of 4 work for the City, which includes going above and beyond by working on her own time to improve Pension and Records Management duties just to name a few. Deputy City Clerk Stephens thanked the City for the recognition. iv. Recognition of Firefighter Adrian De Mestre for volunteering his time to organize a team of Firefighters to participate in the Relay For Life cancer awareness walk. Chief Dave Willson recognized Firefighter Adrian De Mestre for his volunteer and fund raising efforts. 4. Council Reports 5. 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. 2nd Quarter 2013 Claim Report and Resolution authorizing and approving 2nd Quarter 2013 claims activity. RESOLUTION NO. 2013-090, A RESOLUTION accepting and approving the 2nd Quarter 2013 Claim Repo ity o B. Resolu CBA Equipment RESOLUTI ing the City ager's execution of an agreement b ween Cis of Ya - - % Sea st Fire Fighting quipment for the purchase of - - aine• ;reathin• ' - •aratus (' - B C. Resolution authorizing sole source and purchase of KDH Defense Systems "Transformer" Body Armor with Municipal Emergency Services (MES) RESOLUTION R-2013-092, A RESOLUTION authorizing the sole source and purchase of KDH Defense Systems "Transformer" Body Armor with Municipal Emergency Services (MES). 6. Audience Participation Dave Hanson, City resident, spoke on behalf of the faith community regarding the City's actions with the Senator and Cascade apartment issues and provided a copy of his comments to the City. He criticized the City for, what was in his opinion, a short relocation notice provided to the tenants, lack of provisions made for relocation costs and minimal effort to mobilize community services. He suggested the City make the following future considerations: a minimum 30 day notice to residents; provide relocation assistance by the City to be reimbursed by the owner; and, notification and collaboration with community resources. He also suggested courtesy copies of code enforcement notices be given to residents in order to make them aware of the potential of building closures. CITY MANAGER'S REPORTS 7. Yakima Police Department Succession Planning Proposal City Manager O'Rourke briefed Council on the succession plan. Chief Rizzi noted the importance of the plan in light of the fact that so many of the Captains and Lieutenants could retire in the same time frame and that there is a current list of exceptional Sergeant's, which could be promoted to Lieutenants over this time. Page 2 of 4 Council Member Lover asked if this was negotiated with the Union. City Manager O'Rourke responded there is no need for negotiations as this is an individual agreement with those interested officers. 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. 8. Resolution authorizing Memorandum of Understanding between Yakima Police Patrolman's Association and the City of Yakima related to the Assigned Vehicle Program. City Manager O'Rourke noted this is necessary follow-up action to previous Council discussion on this issue. The City Clerk read the resolution by title only. RESOLUTION R-2013-093, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding between the City of Yakima and the Yakima Police Patrolman's Association ("YPPA"), extending the terms of the 2012-2013 Collective Bargaining Agreement and implementing a new Assigned Vehicle Policy (APV) program. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. ORDINANCES 9. Ordinance a represented City Manage uniformity wi rogram for non- uncil Membeoffey noted she likes the The City Clerk read the ordinance by title only. ORDINANCE 2013-032, AN ORDINANCE establishing and implementing a vacation buy-back program for non -represented employees whereby employees may sell up to one third of accrued annual leave once per calendar year back to the City, by adding new section 2.40.120 to Chapter 2.40 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. 10. Other Business A. Discussion regarding Council preference concerning letters of support Mayor Cawley noted this issue is related to a previous Council business meeting agenda item regarding a letter of support, which was tabled. Council Member Bristol stated she feels this is a distraction from City business and they should not be spending time discussing these issues. Council Member Ettl advised he enjoys these discussions and feels as the City leaders they should be providing support to community efforts. Council Member Lover feels it should be a level playing field and they should not be endorsing these types of things. Council Member Coffey noted the structure is for the presentations to first go through the Partnership Committee for approval and then to the full Council. After further Council debate, Ettl moved and Coffey seconded that we have a process for approving letters of support, which Council will vote on. Page 3 of 4 Jeneen Corpron, resident of Selah, hopes when Council gives a letter of support that it is the ultimate letter of support and they should have all the information before writing any such letter. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Kathy Coffey. Carried 5-2. Council Members voting Aye: Adkison, Cawley, Coffey, Ensey, Ettl. Council Members voting Nay: Bristol, Lover. 11. Adjournment The meeting adjourned at 7:19 to the next Council Business meeting on August 6, 2013 at 2 p.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Approved 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 • Page 4 of 4 YAKIMA CITY COUNCIL August 6, 2013 Council Chambers -- City Hall 1 PM Executive Session; 2 PM Business Meeting; 2:30 PM Public Hearing MINUTES Back Print 1111111111111111111111111111111111111111111111111111111111111111 EXECUTIVE SESSION 1. Roll Call 2. Executive Session to review the performance of a public employee. Executive Session was held and adjourned at 2 p.m. BUSINESS a TING 1. Roll Call Council: Ma Micah :wing, Ma .. een Adson, Council Members Sara Bristol, athy C. -y, 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. Proclamations i. KIMA-TV 60th Anniversary Mayor Cawley read the proclamation for KIMA's 60th anniversary. Jim Niedelman and Bob Berry accepted and thanked Council for the proclamation. B. Presentations/recognitions/introductions i. Recognition of retiring City employee Bruce Benson for 22 years of service to the City of Yakima. Community Development Director Osguthorpe recognized retiring City employee Bruce Benson for his 22 years of service. He noted Bruce's history of work in the Valley and his contributions to the City of Yakima, noting his co-workers refer to him as a walking "thesaurus." Mr. Benson stated he appreciated his 22 years at the City of Yakima and really enjoyed it. ii. Introduction of two contract Animal Control Officers from the Humane Society. Codes Manager Caruso introduced Angel Reyes and Evangeline "Benjie" Hernandez as recently hired Animal Control Officers who are contract employees from the Humane Society. Page 1 of 8 C. Appointments to Boards, Commissions and Council Committees i. Reappoint Joe Mann to the Historic Preservation Commission. Ensey moved and Adkison seconded to reappoint Joe Mann to the Historic Preservation Commission. 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. 4. Council Reports None 5. 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 added to the consent agenda. *Resolution authorizing professional service contracts for specialized professional appraisal services associated with the City's negotiations to acquire certain real property adjacent to the Yakima Air Terminal. *Resolution authorizing $10 million grant application with FAA and the use of the City's Interfund Loan Program to provide 10% grant match when required for improvements to the Yakima Air Terminal. *Resolution setting August 20, 2013 at 7 p.m. for a public hearing to hear from the public regarding s - •eci mokin parks i grounds. *Resolution . thorizi m of - - a P e Command aff succession plan. *Resolution . thorizin he ger t • - a on yment One Thousand Dollars ($1,000.00), done . • iti a p onal all on -represent City employees for calendar ye *Second Qu - - egic iorities The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion— see motion directly below.) Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Approved 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. A. Final Contract Payment for POW Contracting - City Project 2264 Beech Street Area Sewer (Standard Motion V -B -Accept the project and approve the final payment) B. Set August 20, 2013 as the date for a public hearing to consider the right-of-way petition submitted by Sun Valley Plaza, LLC for an unnamed section of public right-of-way C. Set date for public hearing on August 20, 2013 to consider Ordinance adding new Chapter 15.19 YMC pertaining to telecommunication towers and facilities. D. Resolution authorizing agreement with Conley Engineering, Inc. for engineering and consulting services associated with City of Yakima, Water Treatment Plant – WTP and Remote Site PLC Upgrade project. RESOLUTION NO. R-2013-094, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Conley Engineering, Inc. for engineering and consulting services associated with City of Yakima, Water Treatment Plant – WTP and Remote Site PLC Upgrade project Page 2 of 8 E. Resolution authorizing agreement with Gene O'Dell dba O'Dell Enterprises with the Yakima Air Terminal. RESOLUTION NO. R-2013-095, A RESOLUTION authorizing the City Manager to execute a Lease Agreement with Eugene O'Dell dba O'Dell Enterprises F. Resolution authorizing Professional Services Contract for property and casualty insurance broker and risk management services with Wells Fargo Insurance Services USA, Inc. RESOLUTION NO. R-2013-096, A RESOLUTION authorizing the City Manager of the City of Yakima to execute a professional services contract for property and casualty insurance broker and risk management services with Wells Fargo Insurance Services USA, Inc. G. Resolution Authorizing an Interlocal Purchasing Agreement with Stark Area Regional Transit Authority (SARTA) Canton, Ohio RESOLUTION NO. R-2013-097, A RESOLUTION authorizing the execution of an Interlocal Agreement with Stark Area Regional Transit Authority (SARTA) Canton, Ohio. H. Resolution authorizing professional service contracts for specialized professional appraisal services associated with the City's negotiations to acquire certain real property adjacent to the Yakima Air Terminal. RESOLUTION NO. 2013-098, A RESOLUTION authorizing the City Manager to execute professional service contracts for specialized professional appraisal services associated with the City's negotiations to acquire certain real property adjacent to the Yakima Air Terminal. I. Resolution authorizing $10 million grant application with FAA and the use of the City's Interfu - 'rogrde 10/. ant mmprovements to the Ya RESOLUTI NO. 2 -� OL � tho City ager of the City of Yakima to a• ly fora rie •f gr- fro - -ral viation Admin ration for capital improvemen - = ki Air Te otaling • r imately $10 ion; and authorizing the use of the Ci erfund Lean Prog - o provide e 0% local gran atch when required. J. Resolution setting August 20, 2013 at 7 p.m. for a public hearing to hear from the public regarding smoking at special events, smoking in parks and smoking near playgrounds. RESOLUTION NO. 2013-100, A RESOLUTION setting the time and place for a public hearing on August 20, 2013 at 7:00 PM in the City of Yakima Council Chambers to hear from the public regarding smoking at special events, smoking in parks and smoking near playgrounds. K. Resolution authorizing implementation of a Yakima Police Command Staff succession plan. RESOLUTION NO. 2013-101, A RESOLUTION authorizing and directing the City Manager to implement a Police Department succession plan to ensure leadership continuity and a smooth transition through senior command staff early retirements. L. Resolution authorizing the City Manager to grant a one-time payment of One Thousand Dollars ($1,000.00), and one additional personal holiday for all non -represented City employees for calendar year 2013. RESOLUTION NO. 2013-102, A RESOLUTION concerning employee compensation: authorizing the City Manager to grant a one-time payment of One Thousand Dollars ($1,000.00), and one additional personal holiday for all non -represented City employees for calendar year 2013. M. Second Quarter Strategic Priorities Update 6. Audience Participation Robert Owen, City resident, spoke in opposition of the proposal of requiring permits for Page 3 of 8 panhandling and feels this will legitimize the behavior. Mayor Cawley clarified it was merely part of a Council discussion and didn't receive a lot of interest. PUBLIC HEARINGS 7. Public meeting to consider the Yakima Planning Commission's recommendation to amend YMC 15.09 related to retaining wall standards. Community Development Director Osguthorpe briefed Council on the issue. Mayor Cawley opened the public hearing. Joe Walsh, with Central Washington Home Builders, stated he provided his comments in writing. He pointed out an example of Jersey barriers. Leaving Ellensburg via the Canyon, there is a trucking company surrounded by Jersey barriers stacked three to four high, a configuration which is not designed for a lateral loads. There are better options on the market today and better engineering. The proposal from the Planning Commission is simple and defines what would take care of the problem. Council Member Bristol asked why there is a need to identify specific products. Mr. Walsh responded; those are the products that exist today, and there could be products created in the future that may work better. The International Building Codes further defines what is appropriate. Steve Campbell, City resident, feels less government is better government, but believes there are things needed to be in place to protect citizens from what can happen. He would hate to have anyone else endure the nightmare they have had to endure for the last eight years. He is comfortable • • ion thr Alice Camp was display has devalue all as it exist g the i day, not the photo that dent with their back yard With no one - - .ming f• ard, Mav • awley c he public hea! hg Ensey moved and Lover seconded to accept option three, which is the Planning Commissions recommendation. Council Member Ensey noted the retaining wall being discussed should have never been built the way it was or should have been stopped from being built. Council Member Ettl stated he has been frustrated with this issue and noted he visited the Campbell's several years ago and saw the mess they have lived with for eight years. He discussed it with staff and didn't feel the City was able to address any of the issues. He would like clarity on this issue in order to get quicker results if something were to ever happen again. He is happy to see some standards being put in place but wonders what Council can do so they are not incapacitated in helping people when they seek redress. Mr. Campbell added they had 20 of these concrete blocks tumble into their yard, which could have killed someone. Additionally, his insurance company determined it was a failure of the earth and denied any payment. Four other property owners have also been affected. City Manager O'Rourke stated Mr. Campbell's concerns are valid and nobody should have to deal with this type of thing. He is hoping to find a reasonable resolution and thinks the steps Council is taking today will help prevent further issues from happening. 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. 8. Appeal Hearing - to consider appeal of Ron Pendleton from a Decision of the Hearing Examiner affirming Notice of Noncompliance/Order to Comply with code enforcement order to restore Page 4 of 8 paved walkway improvement along frontage of 207 North 33rd Avenue, Yakima. This item was struck from the agenda. CITY MANAGER'S REPORTS 9. Quarterly Gang Free Initiative Report Steve Magellan, of Magellan Consultancy, reported the GFI second quarter is in the books. The 211 phone line is up and running with many options. Council Member Lover asked what was wrong with the name "Gang Free Initiative." Mr. Magellan explained the "Gang Free Project" indicates it is a project and now offers programs rather than just the initiative as when it started. Council Member Coffey mentioned the brochure that is now available, and Mr. Magellan confirmed they are on track for the 2013 benchmarks. 10. Resolution authorizing an Agreement with Central Washington Comprehensive Mental Health to provide evidence based programming and/or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. Steve Magellan, Magellan Consultancy, briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. R-2013-103, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental Health to provide evidence based programming and/or activities in conjunction with the Yakima Gang Free Initiative Youth and Family Development Center. Moved by C 7-0. Counci Adkison. Adopted ey, Ettl, Lover. 11. Resolution a ng greemen ith the American Federation o .tate, ' nt :nd M ip, mplo -s FSCME) Loc 1122 representing the Uniformed T ploy: effec nuary 1, 1 through Dec ber 31, 2015. City Manager O'Rourke briefed Council on the item. The City Clerk read the resolution by title. RESOLUTION NO. 2013-104, A RESOLUTION authorizing and directing the City Manager to execute a collective bargaining agreement for 2013-2015 with the American Federation of State, County and Municipal Employees (AFSCME) Local 1122 representing the Uniformed Transit Employees bargaining unit. Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 12. Reading of a Public Employment Relations Commission Notice to Employees that the City committed an Unfair Labor Practice (ULP). Senior Assistant City Attorney Mitchell gave background information on the issue and read the Notice into the record, which will be added to the final minutes as part of the record. Page 5 of 8 STATE OF WASHINGTON 111 STATE LAW GIVES YOU THE RIGHT TO: • Form, join, or assist an employee organization (union) • Bargain collectively with your employer through a union chosen by a majority of employees • Refrain from any or all of these activities except you may be required to make payments to a union or charity under a lawful union security provision THE WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION CONDUCTED A LEGAL PROCEEDING AND RULED THAT CITY OF YAKIMA COMMITTED AN UNFAIR LABOR PRACTICE AND ORDERED US TO POST THIS NOTICE TO EMPLOYEES: WE UNLAWFULLY with Intematio TO REMEDY OUR, without bargaining WE WILL restore the status quo ante by reinstating the wages, hours and working conditions which existed for the employees in the affected bargaining units prior to the unilateral change in Administrative Policy 2.02.07 (Continuous Duty). WE WILL NOT, in any other manner, interfere with, restrain, or coerce our employees in the exercise of their collective bargaining rights under the laws of the State of Washington. BY: CITY OF YAKIMA 00 Cc AVIe DATE: Title of Authorized Representative This notice must remain posted for 60 consecutive days, and must not be altered or covered by any other material. The full decision in this case is published at www.perc.wa.gov THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE. PERC is an independent State agency that enforces public sector collective bargaining laws in the State of Washington. Our mission is to prevent or minimize disruptions to public services by the uniform, impartial, efficient and expert resolution of labor-management disputes. PERC conducts secret ballot elections to determine whether employees want union representation, provides mediation services and conducts unfair labor practice and arbitration hearings. Questions about this notice or compliance with the Commission's order may be directed to PERC, 112 Henry Street NE, Suite 300, PO Box 40919, Olympia, Washington 98504-0919. To find out more about your rights, you may call our office: (360) 570-7300 or go to our website vvww.perc.wa.gov. ORDINANCES 13. Ordinance amending Sections 1.43.080 and 14.20.250 of the Yakima Municipal Code pertaining to procedures for hearing petitions for vacation of rights-of-way. City Manager O'Rourke noted this ordinance addresses the issue of having a closed record hearing on this type of vacation; instead it would be an open meeting item. Senior Assistant City Attorney Kunkler pointed out this ordinance will remove the "closed public hearing" distinction from a street vacation petitions, as these are legislative in nature. Council will still have the opportunity to hear from interested parties. All other land use decisions will come to Council as before. The City Clerk read the ordinance by title. ORDINANCE NO. 2013-033, AN ORDINANCE relating to vacation of streets and public rights- of-way; amending Sections 1.43.080 and 14.20.250 of the Yakima Municipal Code regarding procedures applicable to vacation of streets and public rights-of-way. 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. 14. Ordinance concerning Parks and Playgrounds, park curfew, removing a condition precedent to conviction and revising the penalty for violation of conditions; and amending Sections 13.20.030 and 13.20.040 of the City of Yakima Municipal Code. City Attorne - br - • • . it on t em. r expressed her appreciation The City Cle ORDINANC •. '13-0 , AN OR■ ' NCE co er'P51ng Parks and Playgrounds, removing a condition precedent to conviction and revising the penalty for violation of conditions; and amending Sections 13.20.030 and 13.20.040 of the City of Yakima Municipal Code. 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. 15. First reading of an Ordinance amending the 2013 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2013 as noted in the summary attached. (no action required at this meeting; second reading scheduled August 20,2013). Finance and Budget Director Epperson briefed Council on the budget amendment. An ordinance amending the 2013 budget was read by title only, and laid on the table until August 20, 2013 for a second reading. AN ORDINANCE amending the 2013 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2013 for the purposes described in the attached Schedule. 16. Other Business A. Council Partnerships Committee Assignments Ensey moved and Cawley seconded to replace Dave Ettl with Kathy Coffey on the Council Partnerships Committee. Page 7 of 8 Moved by Council Member Rick Ensey, Seconded by Mayor Micah Cawley. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 17. Adjournment The meeting adjourned at 3:20 p.m. to the next Council Business meeting on August 20, 2013 at 6 p.m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Dave Ettl. 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 DRAFT Page 8 of 8 YAKIMA CITY COUNCIL August 20, 2013 City Hall -- Council Chambers 5 p.m. Executive Session; 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES EXECUTIVE SESSION 1. Roll Call Council: Ma Sara Bristol, 2. Executive S Back Print by pendin tion. Executive Session was held and adjourned at 5:45 p.m. BUSINESS MEETING 1. Roll Call Council Members 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, City Attorney Cutter and City Clerk Clear Tee Absent: Council Member Kathy Coffey (excused) 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. Recognition of Yakima Fire Department and firefighters from Engine 92 and Engine 293 who recently received a 2012 Heroism and Community Service Award from Firehouse Magazine for their bravery and quick response. Chief Willson detailed the rescue by Engine 92 in late 2012, which resulted in saving a life and the crew's award for community service heroism by Fire House Magazine. Lieutenant Dexter accepted the award on behalf of the fire crew members involved. ii. Recognize Utility Service Representative Ann Northrup Cindy Epperson, Director of Finance and Budget, recognized and accepted a City Apple award for Utility Division employee Ann Northrup for her outstanding work on behalf of the City. Page 1 of 8 iii. Recognition Equipment Rental Division City Employee Terry Marrs Acting Public Works Director Schafer and Fleet Manager Wonner recognized Fleet Division employee Terry Marrs for his outstanding work on behalf of the City. Mayor Cawley presented Mr. Marrs with a City Apple award, and Mr. Marrs stated it was an honor. B. Appointments to Boards, Commissions and Council Committees i. Council Nominating Committee recommendations for appointment. Mayor Cawley reviewed the list of appointments and added appointing Ryan Low to the Historic Preservation Commission to the list of recommended appointments, which were approved by Council. Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 4. Council Reports i. Public Safety Committee minutes from 7-26-13 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Me ent: ii. Motion: App e, Mov b oun• em ns , Seconded b ouncil Member Bill Lover. Carri .-S •un Memon, Bristol, C ley, Ensey, Ettl, Lover. Council Me •- - •sent: offey. 5. 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 added to the consent agenda: Set date for Public Hearing on September 3, 2013 to consider ordinance extending moratorium pertaining to wireless communication facilities and cell towers for one month and adopting findings of fact in support thereof. Resolution amending the City Manager's employment agreement to provide for semi annual performance reviews and to provide the accrual of two annual leave days per month. (Mayor Cawley noted a replacement contract with a revision was before them in place of the contract in the agenda packet.) Ordinance amendment authorizing the City Manager to adjust vacation accruals for non - represented executive, executive support, and public safety management series prospective and incumbent employees. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion— see motion directly below.) Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. A. 2013 2nd Quarter Capital Improvement Projects Report B. 2nd Quarter Financial Trend Monitoring report Page 2 of 8 C. 2013 - 2nd Quarter Treasury Report. D. 2nd Quarter 2013 Accounts Receivable Status Report. E. Resolution concerning Administration; authorizing the City Manager to execute a Lease Agreement between The Tower, LLC and the City of Yakima to provide office space to house the Capitol Theatre staff. RESOLUTION NO. R-2013-105, A RESOLUTION concerning Administration; authorizing the City Manager to execute a Lease Agreement between The Tower, LLC and the City of Yakima to provide office space to house the Capitol Theatre staff. F. Resolution authorizing an agreement between Day Wireless Systems and City of Yakima for the Up -Fit of sixty three (63) new police vehicles. RESOLUTION NO. R-2013-106, A RESOLUTION authorizing the City manager to execute an agreement between Day Wireless Systems and City of Yakima for the Up -Fit of sixty three (63) new Police vehicles. G. Resolution authorizing Addendum No. 4 to existing Professional Services Agreement 2012- 42 with Huibregtse, Louman Associates, Inc. (HLA) for Phase 6 additional services rendered during Construction under the original contract. RESOLUTI • ► ► • R-201 - s _ RESOLU ON aut er to execute Addendum • . tin - . - al Se -s Agr - + uibregtse, Louman Associates, (HLA • r ' ase 6 - ition ices ndered during onstruction under the original cont H. Resolu n Ag = with t W. Kington Depa ent of Fish and Wildlife for a g •501 •r impr• nts relat t iparian zone tfall alternatives at the City Wastewater Treatment Plant. RESOLUTION NO. R-2013-108, A RESOLUTION authorizing the City Manager to execute an Agreement with the Washington Department of Fish and Wildlife for a grant of $56,500 for improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Plant. I. Resolution authorizing an Agreement with the Environmental Protection Agency (EPA) to conduct research related to the City of Yakima Wastewater Treatment Plant's Floodplain Restoration and Alternative Outfall project and the Gap to Gap Flood Hazard Reduction project. RESOLUTION NO. R-2013-109, A RESOLUTION authorizing the City Manager to execute an Agreement with the Environmental Protection Agency (EPA) to conduct research related to the City of Yakima Wastewater Treatment Plant's Floodplain Restoration and Alternative Outfall project and the Gap to Gap Flood Hazard Reduction project. J. Resolution authorizing an Agreement with the North Yakima Conservation District for the supply and delivery of native riparian and upland plants related to the City of Yakima Wastewater Treatment Plant Outfall Relocation and Floodplain Habitat Restoration Project. RESOLUTION NO. R-2013-110, A RESOLUTION authorizing the City Manager to execute an Agreement with the North Yakima Conservation District for the supply and delivery of native riparian and upland plants related to the City of Yakima Wastewater Treatment Plant Outfall Relocation and Floodplain Habitat Restoration Project. K. Resolution authorizing sole source and purchase of six (6) Haenni WL101 scales from Loadometer Corporation. RESOLUTION NO. R-2013-111, A RESOLUTION authorizing the sole source and purchase of 6 portable Haenni WL101 scales from Loadometer. Page 3 of 8 L. Resolution authorizing lease agreement with T.J. and Linda Davis dba Shortys Sweets, Treats, Cakes and the Yakima Air Terminal. RESOLUTION NO. R-2013-112, A RESOLUTION authorizing the City Manager to execute a Lease Agreement with T.J and Linda Davis dba Shortys Sweets and Treats and Cakes M. Resolution authorizing consent to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by the Personal Representative of the Estate of Marina Barajas. RESOLUTION NO. R-2013-113, A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the lawsuit brought by the Personal Representative of the Estate of Marina Barajas. N. Resolution authorizing consent to a settlement entered into by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the lawsuit brought by Tracy Garcia. RESOLUTION NO. R-2013-114, A RESOLUTION authorizing the City Manager of the City of Yakima to consent to a settlement entered into by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the lawsuit brought by Tracy Garcia. O. Second reading of an Ordinance amending the 2013 budget for the City of Yakima; and makin• - - - -- •ation- - ----ppropri- d Fund mus Funds for expen• re •u : 2r • in t ORDINANC O. 201 0 IN en 013 b et for the City of Yakima; and aking - •ro iatio om iat Fund Balanc within various Funds for expenditure e attached S dule. P. Set date for Public Hearing on September 3, 2013 to consider ordinance extending moratorium pertaining to wireless communication facilities and cell towers for one month and adopting findings of fact in support thereof. September 3, 2013, was set as the date of a public hearing to consider extending the moratorium pertaining to wireless communication facilities and cell towers for one month. Q. Resolution amending the City Manager's employment agreement to provide for semi annual performance reviews and to provide the accrual of two annual leave days per month. RESOLUTION NO. R-2013-115, A RESOLUTION concerning the City Manager's contract; amending the City Manager's contract to provide for semi-annual performance reviews and to provide the accrual of two annual leave days per month. R. Ordinance amendment authorizing the City Manager to adjust vacation accruals for non - represented executive, executive support, and public safety management series prospective and incumbent employees. ORDINANCE NO. 2013-036, AN ORDINANCE amending Section 2.40.020 of the City of Yakima Municipal Code by adding new paragraph "C." adding City Manager discretion to adjust vacation accruals, and re -lettering subsequent sections as "D.," "E.," and "F.," respectively. 6. Audience Participation Charles Noel, City resident, commented on an issue at the July 16, 2013 Council meeting regarding support letters. He doesn't feel the City should be writing letters of support for any group. Bill Duerr, City resident, expressed his appreciation for the City's involvement in his block watch event during National Night Out. He hopes more citizens will join he block watch program as this is an effective tool against crime. Page 4 of 8 Henry Herron, City resident, reported he has filed a complaint with the Police Department over harassment and threats he has received from employees at Russillo's for parking on Front Street, which he believes is a free parking area. He stated he was surprised to find out the City Manager recently signed a contract to gift the parking to Russillo's. He believes parking in downtown is a problem and he doesn't believe it is fair for the City to gift parking to one particular business. He stated other businesses in the area are trying to find out how they can obtain free parking. Mayor Cawley stated he will have staff look into this issue. Candie Turner, City resident, detailed her father-in-law's illness and death in 2007. Her family was assisted greatly by Rev. Ken Roberts who is now a Chaplain for the Yakima Police Department, which she feels is lucky to have him. Ralph Call, City resident, spoke on behalf of the Barge Chestnut Neighborhood Association (BCNA). He reported he will not be here for the September 3 hearing and can't stay for the public hearing this evening and would like to comment now. He stated he attended the last Planning Commission meeting, and feels it is important to get it right; therefore, the BCNA supports the Planning Commission's request for an extension on the cell phone moratorium until the end of the year. He understands AT&T will request that the extension only be for 30 days; however, he feels AT&T's request should be denied as they have no plans for installing a new cell phone tower in the immediate future and the Planning Commission should be given more time to review the issue. 7. Public heari a ing o comrlinication tower facilities. Senior Assis Kunkiled thq st from the Planing Commission, residents and some members of the telecommunication industry to extend the moratorium on this matter through the end of the year in order to carefully analyze the issues. This evening Council has already approved a motion to set a date for a public hearing on September 3 to hear a request on an extension of the moratorium. Mayor Cawley opened the public hearing. Mike Davison and Bill Duerr, City residents, spoke in favor of the requested extension on the moratorium in order to provide more time for the residents, Planning Commission, City staff and industry members to analyze the information. Carol Tagayun, not a City resident, spoke on behalf of AT&T and requested the extension only be for an additional month. Mayor Cawley closed the public hearing and noted a public hearing has already been set on September 3, 2013 in order to discuss the moratorium extension. 8. Closed record public hearing to consider the Hearing Examiner's recommendation concerning the right of way vacation petition submitted by Sun Valley Plaza, LLC for a portion of unnamed public street right-of-way lying southerly of Ranch Rite Road and easterly of the BNSF railroad tracks. Community Development Director Osguthorpe briefed Council on the ROW vacation petition. Mayor Cawley opened the public hearing, and with on one coming forward, closed the hearing. The City Clerk read the ordinance by title. ORDINANCE NO. 2013-037, AN ORDINANCE vacating, without conditions, an unnamed street right-of-way located southwest of Ranchrite Road and east of the BNSF railroad right-of-way and located within the City of Yakima, Sun Valley Plaza, LLC by Larry Hull as the petitioner herein. Page 5 of 8 Motion: Approve, Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Sara Bristol. Passed 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 9. Public Hearing and Ordinance to consider the renaming of "A" Street to Sgt. Pendleton Blvd. Community Development Director Osguthorpe briefed Council on the street renaming application. Mayor Cawley opened the public hearing. Rick Beck, City resident, spoke in favor of the application on behalf of the VFW. He stated this is not only a lasting tribute to a war hero but a reminder of what is termed the greatest generation. Additionally, he noted this is a fitting tribute as Sgt. Pendleton left to join the war from the train station on "A" Street, and returned home via the same route for burial. Duane Ramacher, not a City resident, spoke in favor of the street renaming petition on behalf of the American Legion Post 36. Alonzo Marquez, City resident, spoke against renaming the street for Sgt. Pendleton and stated he and others filed an application in 2006 to rename "A" Street after Caesar Chavez and he doesn't understand how this application can supersede theirs. Council Member Lover stated he reviewed th= rom s in 2regari 'plication for Caesar Cha and i as ted by - City j; cil n Bob Bradfor of the street man • er Freamerer spoke in favor Mayor Cawley closed the hearing. Council Members Ettl and Bristol stated this request should be on hold until they clear the record. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Failed 3-3. Council Members voting Aye: Cawley, Ensey, Lover. Council Members voting Nay: Adkison, Bristol, Ettl. Council Members Absent: Coffey. 10. Public hearing for the Yakima City Council to hear from the public regarding smoking at special events, smoking in parks and smoking near playgrounds. Assistant City Attorney Faul briefed Council on the issue. Mayor Cawley opened the public hearing. Larry Hull and Alonzo Marquez, City residents, spoke in favor of prohibiting or limiting smoking at special events, playgrounds and similar areas. Mayor Cawley closed the public hearing. City Attorney Cutter advised there is no constitutional right to smoke; therefore, this can be regulated to some level. City Manager O'Rourke noted they can prohibit smoking at special events entirely. Council Member Ettl stated it was interesting to see other cities have established controls for this issue 5-6 years ago. Council Member Bristol thanked staff for their work on this issue. Cawley moved and Adkison seconded to direct staff to bring back legislation that addresses smoking at special events, in city parks, on city property and near playgrounds. Bristol moved and Ettl seconded to amend the motion to include an infraction penalty. Page 6 of 8 Motion carried by a 4-2 vote with Ensey and Lover voting no. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Assistant Mayor Maureen Adkison. Carried 4-2. Council Members voting Aye: Adkison, Bristol, Cawley, Ettl. Council Members voting Nay: Ensey, Lover. Council Members Absent: Coffey. ORDINANCES 11. Ordinance to Update Classification and Compensation Plan for City Employees City Manager O'Rourke briefed Council on the change. The City Clerk read the ordinance by title. ORDINANCE NO. 2013-038, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective September 22, 2013; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Passed 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 12. Other Busi A. Discus City Manage ou potenti times and th aht th ou be an •o ne tim o r evaluate. alternating meeting Council Member Ensey noted they have study sessions in the mornings, and he is a strong believer in having meetings at night. In the past when they had afternoon meetings, very few people could show up. Council Member Bristol stated when it changed to evening meetings in 2006, the justification was to make the public available for the meetings. She feels it is important to be open to working people in addition to retirees, and feels it is rare that meetings run very late. Assistant Mayor Adkison feels there are people who will come during the day as it is more convenient and may be a different flavor. She would like to see some daytime meetings. Council Member Ettl asked whether there were any comments from citizens about changing times. City Manager O'Rourke stated there have been some business people who say it would be more convenient, but nothing more significant than that. Ensey moved and Lover seconded to keep the meetings at 6 p.m. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. 13. Adjournment The meeting adjourned at 8:12 p.m. to the next Council Business meeting on September 3, 2013. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. Page 7 of 8 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 8 of 8 YAKIMA CITY COUNCIL September 3, 2013 Council Chambers -- City Hall 6 p.m. City Council Meeting; 7 p.m. Public Hearing MINUTES Back Print BUSINESS MEETING 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, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of A Mayor Cawl 3. Open Discu A. Proclamations i. National Truck Driver Appreciation Week Mayor Cawley read a proclamation for National Truck Driver Week. Spencer Jacobsen accepted the proclamation and invited CDL drivers to their barbecue event on September 19 from 11 a.m. to 2 p.m. at the Gear Jammer. B. Presentations/recognitions/introductions Mayor Cawley recognized Jamie Davis and Susan Pelligan from Heritage University who are attending the meeting for a Social Policy Class. i. Water Treatment Plant Awarded Department of Health Top Ops Bronze Certificate Dave Brown, Water and Irrigation Manager, described the award won by the Water Treatment Plant and Jeff Bonds, Water Treatment Plant Manager, accepted the award on behalf of the crew. ii. Recognition of Yakima Police Officers Mike Kryger (35 years of service), Gary Belles (30 years of service) and Doug Robinson (25 years of service). Chief Rizzi recognized Lt. Belles and Detective Robinson, who were unable to attend, on their years of service. Additionally, he recognized Officer Kryger on his 35 years of service to the City of Yakima. Mayor Cawley presented Officer Kryger with a City Employee Apple Award for his years of service. Officer Kryger stated it has been a pleasure to work for the City and accepted the award. iii. Recognition of retiring employee Marlene Adams for 20 years of service to the City of Page 1 of 7 Yakima. Human Resources Manager Cheryl Ann Mattia and Civil Service Examiner Debbie Korevaar recognized Marlene Adams on her retirement after 20 years of service to the City of Yakima. 4. Council Reports None. 5. 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 removed from the agenda and postponed to a later date. Resolution concerning Transit Services; submitting the City of Yakima Transit Development Plan for 2013-2018 and the Yakima Transit 2012 Annual Report for the City Council's consideration and adoption. 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 Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. A. Consid app Coun i. royal o e m th M� a 4, J e 18 and July 2, 2013 tudy sion. The minutes 7 ( rrecte• • ay 5), - y1, June 4, Ju 18 and July 2, 2013 City Council Busi - eetings - nd June , 013 Stu • v ssion were ap oved, having been duly certified accurate by two Council members, with no one present wishing to have said minutes read publicly. B. Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with Snohomish County. RESOLUTION NO. R-2013-116, A RESOLUTION authorizing the City Manager to execute an Intergovernmental Cooperative Purchasing Agreement with Snohomish County. C. Resolution authorizing agreement with Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with services during construction for the Naches River Water Treatment Plant Filter Backwash Lagoon Improvements project No. 2259 in an amount not to exceed $400,352. RESOLUTION NO. R-2013-117, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregtse Louman Associates, Inc. for engineering and consulting services associated with services during construction for the Naches River Water Treatment Plant Filter Backwash Lagoon Improvements project No. 2259. D. Resolution declaring meter lids surplus and authorizing disposal of these items in a manner most beneficial to the City of Yakima, by recycling them with Pacific Steel and Recycling saving the City the cost of disposal. RESOLUTION NO. R-2013-118, A RESOLUTION declaring cast iron water meter lids surplus to the needs of the City of Yakima, and authorizing the City Manager to dispose of these items in a manner most beneficial to the City of Yakima, by recycling them with Pacific Steel and Recycling Page 2 of 7 saving the City the cost of disposal. E. An Ordinance relating to Public Safety; amending the City of Yakima Municipal Code, repealing sections in Chapter 6.12 for the purpose of adopting the equivalent and/or similar Revised Code of Washington statutes; adopting Revised Code of Washington statute relating to drinking in a public conveyance and treating, gifting, purchasing of liquor for or from a minor, or holding out a minor as at least twenty-one, in a public place where liquor is sold; and changing the title of Chapter 6.12. ORDINANCE NO. 2013-039, AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal Code, repealing sections in Chapter 6.12 for the purpose of adopting the equivalent and/or similar Revised Code of Washington statutes; adopting Revised Code of Washington statute relating to drinking in a public conveyance and treating, gifting, purchasing of liquor for or from a minor, or holding out a minor as at least twenty-one, in a public place where liquor is sold; and changing the title of Chapter 6.12. 6. Audience Participation John Cooper, CEO of the Yakima Visitor and Convention Center, distributed a report from the Yakima Valley Sports Commission on the 2013 Hotshots 3 -on -3 basketball tourney, which noted an increase of 8.5% attendance from 2012. Thomas McCormick, City resident, gave the Mayor a letter regarding saving Transit Route 8. PUBLIC HEARINGS 7. Public Hearing to consider ordinance extending moratorium concerning wireless communication facilities and - • • • i • findi • • t in supp• • thereo City Attorne ted moratoriu Bill Duerr an - nta, - ty resid= , poke o - -I If of the Barghestnut Neighborhood Association in favor of the extension and asking the extension be granted to December 31, 2013. Mayor Cawley closed the public hearing. The City Clerk read the ordinance by title. Ensey moved and Adkison seconded to amend the ordinance and extend the moratorium to December 31, 2013. The motion to amend carried unanimously. ORDINANCE NO. 2013-040, AN ORDINANCE of the City of Yakima renewing and extending moratorium regarding telecommunication and wireless communication facilities adopted April 2, 2013 pursuant to Ordinance No. 2013-14, from October 1, 2013 through midnight of December 31, 2013, adopting findings of fact in support of such renewal and extension and affirming moratorium through December 31, 2013. 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. CITY MANAGER'S REPORTS 8. Public Education Campaign to Stop Panhandling. City Manager O'Rourke briefed Council on the public education campaign and giving meters. Council Member Coffey requested budget information on the Public Service Announcement's, which Community Relations Manager Beehler will provide at the next meeting. Page 3 of 7 Candie Turner, City resident, asked why River Road and 40th Avenue wasn't listed as an intersection to prohibit panhandling. Council Member Ettl responded the City is utilizing information from Streets and Traffic on the highest incidents of accidents at intersections and are targeting the top 15. Council Member Coffey feels the cost of the giving meters outweighs the need. After Council discussion, Ensey moved and Adkison seconded to abandoned the giving meters until a more cost effective solution is reached. The motion carried by unanimous roll call vote. Coffey moved and Adkison seconded to continue with the PSA campaign. Council Member Ettl asked to recuse himself as he makes budget decisions at his radio station regarding PSA campaigns. This request was approved by Council consensus. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor Maureen Adkison. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members voting Abstain: Ettl. 9. Reconsideration of Standards Regulating Retaining Walls. City Manager O'Rourke briefed Council on the retaining wall issue and the actions taken at a previous meeting. He noted after discussion, with some parties enduring adverse experiences, that there is a distinction between ecology block walls and aesthetics. Steve Camp several type Council Me Council liais were in agre er- od the g Co with City taff to b- cology bis k After further Council discussion, sion meeting n and the Ho issue. He stated poses. hich he attends as the Builders Association Ensey moved and Bristol seconded to disallow the use of ecology blocks for retaining walls. 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. 10. Resolution ratifying license agreement with Russillo's, Inc for Exclusive Right -of -Way Usage on North Front Street. Economic Development Manager Sean Hawkins briefed Council on the agreement. Henry Herron, City resident, spoke against the agreement. The City Clerk read the resolution by title. After further Council discussion, RESOLUTION NO. R-2013-119, A RESOLUTION authorizing and ratifying City Manager's execution of a license agreement between Russillo's Inc. and City of Yakima to allow Russillo's to use a portion of the City's right of way to accommodate use of six (6) parking spaces exclusively for parking of vehicles of Russillo's restaurant customers. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Sara Bristol. Adopted 6-1. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Page 4 of 7 Lover. Council Members voting Nay: Ettl. ORDINANCES 11. An ordinance concerning Parks and Playgrounds, amending Chapter 13.16 adding Section 13.16.075 prohibiting smoking and setting penalties; amending Section 13.16.150 penalties for violation; concerning Special Events, amending Chapter 9.70 adding Section 9.70.295 prohibiting smoking and setting penalties; and amending Section 9.70.310 penalties for violation. City Manager O'Rourke stated after a public hearing on August 20, 2013 and direction from Council, an ordinance has been brought back for consideration regarding restrictions on smoking in some areas and at events on City property consisting of more than 50 people. Council Member Bristol stated she thought the intent of the ban was during special events and perhaps near playgrounds. The City Clerk read the ordinance by title. Bristol moved and Adkison seconded to amend the ordinance to state within 25 feet of playgrounds and strike the reference to Parks. ORDINANCE NO. 2013-041, AN ORDINANCE concerning Parks and Playgrounds, amending Chapter 13.16 adding Section 13.16.075 prohibiting smoking and setting penalties; amending Section 13.16.150 penalties for violation; concerning Special Events, amending Chapter 9.70 adding Section 9.70.295 prohibiting smoking and setting penalties; and amending Section 9.70.310 penalties for violation. Motion: App -d b i ember ra Bris Maureen Ad on. P- ed -2. Co cil M rs vot Ettl. Counci tant Mayor Bristol, Cawley, Coffey, 12. An ordinanc Blatin• P is Sa ; a n•ing ki Municipal C Chapter6.75; enacting a new sectio pr• biting t -ipt of it. 's m the occup of a motor vehicle on a public roadway at high accident intersections, amending section 6.75.070, changing the classification of aggressive begging from an infraction to a misdemeanor and enacting a new section 6.75.080 adding a savings clause to Chapter 6.75. Prosecuting Attorney Cynthia Martinez briefed Council on the ordinance, which addresses issues heard at the Public Hearing. The ordinance criminalizes aggressive panhandling and bans the receipt of items from occupants at some intersections. The intersections listed are the top 15 intersections with the most accidents. Streets and Traffic Operations Manager Rosenlund discussed how the list was compiled. They track accidents from the Police Department and identify the worst locations for accidents at intersections, which are typically the busiest intersections in the City. The list represents about 10 percent of arterial intersections and 1 percent of all intersections. Mayor Cawley asked whether criminalizing aggressive begging makes it enforceable without an officer witnessing it. Ms. Martinez responded the officer could cite them, but not arrest them without witnessing it. Dan Bird, City resident, stated he is confused about why the City can't do more to stop the panhandling. Lynne Kittelson, City resident, thinks the City should require permits for panhandling. Mayor Cawley noted he understands the frustration; however, it is everyone's constitutional right to beg if they choose. Council Member Coffey asked about registering or requiring permits with a vest. Ms. Martinez doesn't believe those types of requirements would be upheld by a court of Page 5 of 7 law. City Manager O'Rourke clarified the violator is the person receiving the items or money not giving the items. The City Clerk read the ordinance by title. After further Council discussion, ORDINANCE NO. 2013-042, AN ORDINANCE relating to Public Safety; amending Yakima Municipal Code Chapter 6.75; enacting a new section 6.75.025 prohibiting the receipt of items from the occupant of a motor vehicle on a public roadway at high accident intersections, amending section 6.75.070, changing the classification of aggressive begging from an infraction to a misdemeanor and enacting a new section 6.75.080 adding a savings clause to Chapter 6.75. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Sara Bristol. Passed 4-3. Council Members voting Aye: Adkison, Bristol, Cawley, Ettl. Council Members voting Nay: Coffey, Ensey, Lover. 13. An ordinance amending section 9.70.190 of the Yakima Municipal Code regarding Special Events and Parades. Sean Hawkins, Economic Development Director, briefed Council on the issue. Heidi Anderson, with Children's Wishes and Dreams, spoke against the ordinance. She feels their organization will not be able to give as many Wishes and Dreams to children if they have to pay fees. Joe Mann, City resident, stated he has helped with the Sunfair Parade for several years which is run by volun -- - id ther- • • imoney to p- fees.HP fP= - nity and civic pride issue and sh Mulin Short, Dreams and costs associ ish by is type of gift ildren's Wishes and there are too many The City Clerk read the ordinance by title. After further Council discussion, Bristol moved and Coffey seconded to adopt a $50 application fee for special events, community events in the second section are exempt (Memorial Day Parade; Cinco De Mayo Parade; 4th of July Celebration; Sunfair Parade; Veteran's Day Parade; and Christmas Light Parade) and a 50/50 split of the city related costs involved in traffic management for parades and car events for all other events. ORDINANCE NO. 2013-043, AN ORDINANCE relating to special events; amending Section 9.70.160 regarding insurance requirements for special events, and Section 9.70.190 of the Yakima Municipal Code regarding special event fees. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Passed 5-2. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ettl. Council Members voting Nay: Ensey, Lover. 14. Other Business Council Member Lover requested a study session regarding homelessness in the City of Yakima and the role of government in reducing the numbers. Council Member Ensey suggested hearing from the Homeless providers at the study session. City Manager O'Rourke stated they will schedule a study session for early October. A. Information requested regarding past Council action from 2006 regarding renaming of A Street. Page 6 of 7 Council Member Bristol moved to bring back the ordinance regarding renaming "A" Street for reconsideration. The motion passed unanimously by Council consensus. Royal Schneider, Code Inspection Office Supervisor, stated the applicants have some minor changes they would like to make. Rick Beck, spoke on behalf of the VFW, requested to shorten the railroad station to the East end of "A" street, which would eliminate some business issues and still preserve the honor of the street. He would also like to change the name to Staff Sgt. Pendleton Way and include a plaque at the station or a place to be determined later. Mel Tanasse, spoke in favor of the application and requested changes. Alonzo Marquez, City resident, feels this action is illegal since it refuses his petition from several years ago. He plans to turn this action in at the Federal Government level. Mayor Cawley stated it is clear from the minutes of the meetings in 2006 regarding the street renaming application that the issue was not moved forward at that time, which is on the record. Therefore, this action is completely legal and valid. Fred Camerer, Commander of the VFW, thanked Council for their actions. The City Clerk read the ordinance by title. Cawley moved and Bristol seconded to pass the ordinance with the requested changes. ORDINANC •. -0 INAN -ppro East "A" Street to "Staff Sgt. P dleton :y :utho the Manager to complish such change of name, with h chane o e to- tive om Ja ary 1, 2014. Motion: App e, Mo • b ayor a awley, ec ded by Coun Member Sara Bristol. Passed 7-0. - - - Me -ers voti - e: Adkis , stol, Cawley, ffey, Ensey, Ettl, Lover. 15. Adjournment The meeting adjourned at 9:21 p.m. to a Council Study Session on September 9, 2013 at 9 a.m. at the Convention Center. 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 7 of 7 YAKIMA CITY COUNCIL STUDY SESSION September 9 2013 Yakima Convention Center -- Room F 9:30 a.m. Study Session regarding: • Review Citizen Survey • 2014 Business Plan • Legislative Priorities • Downtown Master Plan --- MINUTES 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 Clear Tee 2. Review Citizen Survey Results Mike Levinson Facilitator, reviewed a PowerPoint presentation regardin• the citizen survey results and csults. cil a year ago, the City has en a b• st: in bec• ing sto focused and ore results oriented. 3. 2014 Busine Mike Levinso - - or, r iewed 2 14 Busir%s lan through a werPoint presentation. City Manager O'Rourke noted he will be bringing more in depth information to the Council budget review meetings. He highlighted the proposed initiatives related to the City Council's Strategic Priorities. 4. Legislative Priorities Jim Justin reviewed the City's 2014 legislative priorities via conference call. Mayor Cawley noted the Council will review and fine-tune the legislative priorities as they prepare for the next legislative session. 5. Downtown Master Plan o Plaza o Circulation o Parking George Crandall and Don Arambula of Crandall Arambula reviewed a PowerPoint presentation with Council regarding the Downtown Master Plan. City Manager O'Rourke stated this will be a lot of work, but it is a core priority of Council and the community to make do with what we have. They will start with a public hearing tonight, bring the response back to Council in another Study Session on the plan and proposed changes from the public, then bring back Ian Thomas's firm, to talk in more detail about the funding mechanism. 6. Adjournment Ensey moved to adjourn. The motion carried by unanimous voice vote. The meeting adjourned at 12:49 p.m. to the next Council Business meeting on September 17, 2013 at 6 p.m. Page 1 of 2 CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 2 of 2 YAKIMA CITY COUNCIL September 17 2013 City Hall -- Council Chambers 6 p.m. Business Meeting -- MINUTES BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Kathy Coffey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee Absent: Council Members Sara Bristol (excused) and Rick Ensey (excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Disc A. Procl T Mayor Cawley proclaimed the week of September 17-23, 2013 as Constitution Week and Kathleen Dyblie, Regent, Narcissa Whitman Chapter of the WSSDAR accepted it. B. Presentations/recognitions/introductions i. Recognition of City Employees Police Officer Elaine Gonzalez and Wastewater Employee Scott Qualley. Chief Rizzi recognized Officer Elaine Gonzalez for her work as Police Department Chaplain. Mayor Cawley presented her with a City Apple Award. Officer Gonzalez recognized Mark Grange and Kent Roberts, who will assist Officer Gonzalez as volunteer Chaplains at the Police Department. Arlene Carter, Wastewater Pre-treatment Supervisor, recognized Wastewater employee Scott Qualley for his positive attitude, enthusiasm, humor, and professionalism when working with both employees and citizens. On August 13, 2013, Mr. Qualley rescued a toddler from the middle of a busy road, located his parents, and safely returned the toddler to his home. Mayor Cawley presented him with a City Apple Award. 4. Council Reports A. Council Partnerships Committee Minutes Moved by Adkison seconded by Ettl to approve. The motion carried by unanimous roll call vote, Bristol and Ensey absent. B. Council Built Environment Committee Minutes Page 1 of 4 Moved by Adkison seconded by Ettl to approve. The motion carried by unanimous roll call vote, Bristol and Ensey absent. 5. 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.) Moved by Adkison seconded by Lover to approve. The motion carried by unanimous roll call vote, Bristol and Ensey absent. A. Set date for Public Hearing on October 1, 2013 to consider ordinance extending moratorium pertaining to billboards and digital signs 72 square feet or larger and adopting findings of fact in support thereof. October 1, 2013 was set as the date of a public hearing to consider an ordinance extending the moratorium pertaining to billboards and digital signs 72 square feet or larger. B. Resolution authorizing an agreement with 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. RESOLUTION NO. R-2013-120, 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 t a Fire • - • - ■ is ents train a +. facility +^ n Pr1i i I services for Fire Fighter Cad 6. Audience P Elaine Hend pit bulls. "Breed SpeciLaws" (BSL) regarding Candie Turner, City resident, spoke against the BSL regarding pit bulls. Robyn Smart, City resident, spoke against the BSL regarding pit bulls. Linda Leavitt, not a City resident, spoke against the BSL regarding pit bulls. Becky Pascua, City resident, spoke against the BSL regarding pit bulls. She stated people shouldn't hate the breed, but hate the deed. She believes if the ban is lifted, other protocals should be in place for irresponsible owners and certifying dog breeders. It was Council consensus to have a study session on this issue in November. CITY MANAGER REPORTS 7. Resolution authorizing an agreement with Barry Strock Consulting Associates, Inc. for Consulting Services. City Manager O'Rourke briefed Council on the contract. The City Clerk read the resolution by title only. RESOLUTION NO. 2013-121, A RESOLUTION authorizing the City Manager to execute an agreement between Barry Strock Consulting Associates, Inc. and the City of Yakima for consulting services. Moved by Coffey seconded by Adkison to adopt the resolution. The motion carried by Page 2 of 4 unanimous roll call vote, Bristol and Ensey absent. 8. Resolution authorizing agreement with HBB Inc.for professional services related to street scape design of the North First Street Revitalization Project in the amount not to exceed $37,683. City Manager O'Rourke briefed Council on the contract. The City Clerk read the resolution by title only. RESOLUTION NO. 2013-122, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Hough Beck & Baird, Inc., not to exceed $37,683 to prepare a landscape and design work for the North First Street Corridor Revitalization Project. Moved by Coffey seconded by Adkison to adopt the resolution. The motion carried by unanimous roll call vote, Bristol and Ensey absent. 9. Resolution authorizing acceptance and participation in Department of Ecology Integrated Planning Grant for $200,000 for environmental analysis at the former Boise Cascade mill site. City Manager O'Rourke briefed Council on the contract. The City Clerk read the resolution by title only. RESOLUTION NO. 2013-123, A RESOLUTION authorizing the City Manager to execute an agreement between the Department of Ecology and the City of Yakima in order to accept a Remedial Action Grant of $200,000 for environmental analysis on property that was part of the former Boise Cascade mill site. Moved by roll call vote 10. Other Busi A. Letter . • •ort P' y and • g reque After Council discussion on the policy, Adkison moved and Coffey seconded to adopt this policy. The motion carried by a unanimous roll call vote, Ensey and Bristol absent. After Council discussion on the requested letters of support, carried by unanimous Adkison moved and Coffey seconded to write letters of support for both agencies. The motion carried by a 4-1 roll call vote, with Lover voting no; Bristol and Ensey absent. 11. Adjournment Coffey moved to adjourn. Motion carried by unanimous voice vote, Bristol and Ensey absent. The meeting adjourned at 7:08 p.m. to the next Council Business meeting on October 1, 2013 at 6 p.m. in the Council Chambers. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE Page 3 of 4 ATTEST: CITY CLERK MAYOR DRAFT Page 4 of 4