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HomeMy WebLinkAbout03/18/2014 05A Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 3/18/2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: See attached. 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 Approval of the minutes from the February 4, 18 and March 11, 2014 City Council Business meetings; January 30 and February 25, 2014 Study Sessions and February 28, 2014 Special Meeting. Sonya Claar Tee, City Clerk Ordinance: Contract Term: End Date: Amount: City Manager Upload Date Type 1-3O14 3/12/2014 Cover Memo 2-4-14 3/12/2014 Cover Memo 2-18-14 3/12/2014 Cover Memo 2-25-14 3/12/2014 Cover Memo 2-28-14 3/12/2014 Cover Memo 3-11-14 3/12/2014 Cover Memo YAKIMA CITY COUNCIL STUDY SESSION January 30 2014 City Hall -- Council Chambers 10 a.m. Study Session regarding Council Assignments to Boards, Commissions and Council Committees and Council Direction regarding Legislative Issues -- Minutes 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Dave Ettl and Bill Lover Staff: City Manager O'Rourke and City Clerk Clear Tee Absent: Council Member Rick Ensey (excused) 2. Review Council assignments to Boards, Commissions and Council Committees Council discu discussion re Cawley mov motion carrie oards, mmiss' nittees. After mmit rips o the discussion. The Council Member Lover asked if these were completed as he didn't feel the process was even. The following committee assignments were made: Public Safety Committee: Tom Dittmar Bill Lover Maureen Adkison (Alt.) Dave Ettl Economic Development Committee: Kathy Coffey Tom Dittmar Micah Cawley (Alt.) Rick Ensey Built Environment Committee: Bill Lover Rick Ensey Kathy Coffey (Alt.) Micah Cawley Partnership Committee: Dave Ettl Micah Cawley Maureen Adkison (Alt.) Kathy Coffey Yakima City Council Appointees to Other Boards, Committees, Commissions, Task Forces, etc: Stormwater Group: Bill Lover Yakima County Gang Commission: Maureen Adkison Westside Merchants Committee: Maureen Adkison Front Street Committee: Micah Cawley Yakima Valley Tourism Board of Directors: Maureen Adkison Public Facilities District (ex -officio member): Kathy Coffey Sports Commission: Dave Ettl Hotel/Motel Commission/TPA: Micah Cawley Lodging Tax Advisory Committee: Kathy Coffey Capitol Theatre Board: Kathy Coffey Harman Center Board: Maureen Adkison & Micah Cawley Yakima Greenway Foundation: Dave Ettl YCDA Board of Directors: Maureen Adkison Supporting Investments in Economic Diversification Board (SIED): Kathy Coffey Morelia Sister City Committee: Maureen Adkison Police Athletic League: Kathy Coffey Yakima Valley Community Foundation—Community Advisory Committee: Maureen Adkison TRANS -Action: Dave Ettl Yakima Valley Conference of Governments (YVCOG): Micah Cawley Yakima Clean Air Agency Board: Micah Cawley Local Emergency Planning Committee: Micah Cawley Yakima Basin Fish & Wildlife Recovery Board: Dave Ettl Other Boards, Committees, Commissions, Task Forces, etc. City Council Appoints to: Parks & Recr mis : Ma n Adki Yakima Plann •Com si• Liaison 'ick Historic Pres = ation C• m • • •n: Arts Commis n Liaiso M. ree •kiso Filled by Ma yor' •esign Yakama Nation Community Contribution Committee: Micah Cawley & (Alt.) Maureen Adkison Greater Yakima Chamber of Commerce Board: Maureen Adkison Fire Relief & Pension Board: Tom Dittmar & (Alt.) Bill Lover Board of Volunteer Firefighters: Tom Dittmar & (Alt.) Bill Lover Board of Volunteer Police: Tom Dittmar and (Alt.) Bill Lover Police Relief & Pension Board: Tom Dittmar & (Alt) Bill Lover Yakima Valley Emergency Medical Services Board: Bill Lover 911 Administration Board: Bill Lover Yakima County EMS & Trauma Care Council: Bill Lover State Boards, Committees, Commissions, etc. AWC (Assoc. of WA. Cities) Legislative Committee (By Invitation): Kathy Coffey Ettl moved and Adkison seconded to approve the committee assignments. The motion carried by a 5-1 voice vote with Lover voting no (Ensey absent). Mayor Cawley opened the meeting for audience comments -- there were none. 3. Council direction re: potential and/or pending state legislation City Manager O'Rourke noted this is a short and fast legislative session and he asked for Council direction on the following legislative issues: - Legislation that would prevent and/or overturn local jurisdiction bans on the growing, processing, and sale of recreational marijuana. It was Council consensus to support this legislative issue. - Legislation that would prevent and/or overturn local jurisdiction breed -specific dog regulations. It was Council consensus to oppose this legislative issue. - Legislation that would create a special state liquor license allowing fairs to serve alcohol throughout the premises. It was Council consensus to support this legislative issue. - Legislation that would acknowledge the Central Washington State Fair as the "Official Washington State Fair." It was Council consensus to support this legislative issue. - Legislation that would restrict certain kinds of information gathered as a result of 911 calls from being subject to public disclosure. It was Council consensus to support this legislative issue. - Legislation that would generate from tourism -related businesses up to $7.5 million annually to fund a statewide tourism promotion program. It was Council consensus to support this legislative issue. Council Member Adkison noted how the City's legislative lobbyist, Jim Justin, is doing a tremendous job for the City. 4. Adjournment Coffey moved and Adkison seconded to adjourn to the next Council Business meeting on February 4, 2014 at 6 p.m. in the Council Chambers. The motion carried by a unanimous voice vote (Ensey absent). The meeting adjourned at 11:08 a.m. CERTIFICATION READ AND CER ATTEST: A MEMR DATE COUNCIL MEMBER DATE CITY CLERK MAYOR YAKIMA CITY COUNCIL February 4 2014 City Hall -- Council Chambers 5:30 p.m. Executive Session; 6 p.m. Business Meeting -- MINUTES EXECUTIVE SESSION 1. Executive Session regarding Pending Litigation and Real Estate or Land and Property Acquisition. ROLL CALL: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Absent: Council Member Maureen Adkison (excused) Executive Session was held and adjourned at 5:58 p.m. BUSINESS 1. Roll Call Council: M Dittmar, Ric r Kathy Coffey Council Members Tom Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee Absent: Council Member Maureen Adkison 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order 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. There were no changes. Mayor Cawley noted a minor correction on the January 7, 2014 minutes. 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.) Coffey moved and Ensey seconded to approve the consent agenda. The motion carried by unanimous roll call vote, Adkison absent. Page 1 of 4 A. Approval of the minutes from the January 7 and 21, 2014 City Council Business meetings; January 14, 2014 Study Session and January 16 and 17, 2014 Special Meetings. B. Final Contract Payment for KRCI, LLC - Billy's Pond 2267A (Standard Motion V -B -Accept the project and approve the final payment). C. 4th Quarter 2013 Claim Report and Resolution authorizing and approving 4th Quarter 2013 claims activity. RESOLUTION NO. R-2014-018, A RESOLUTION accepting and approving the 4th Quarter 2013 Claim Report for the City of Yakima. D. Resolution authorizing execution of a Municipal Stormwater Capacity Grant Agreement in the amount of $50,000 with the Department of Ecology for the Planning, Implementation, and Management of its Stormwater Program. RESOLUTION NO. R-2014-019, A RESOLUTION authorizing the City Manager to execute a Municipal Stormwater Capacity Grant with the Department of Ecology for $50,000.00. E. Resolution authorizing the City Manager 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 Pascual Ayala. RESOLUTION NO. R-2014-020, 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 Special Administrator and Personal Representative of the Estate of Pa - la. F. Resol on auth izi a contr t wit Co ent Resources (RCDR) in the ount o fty - dolla X00) elopment Block Grant (CDB funds •ro •e te• Tical to usinesses within the City o RESOLUTION NO. R-2014-021, A RESOLUTION authorizing the City Manager to execute an agreement with Rural Community Development Resources (RCDR) in the amount of Fifty Thousand Dollars ($50,000) in Community Development Block Grant funds to provide technical assistance to microenterprise businesses within the City of Yakima. G. Resolution authorizing Third Amendment to the Block by Block Agreement for Professional and Ambassador Services in the Downtown Yakima Business Improvement District (DYBID). RESOLUTION NO. R-2014-022, A RESOLUTION authorizing and directing the City Manager to execute the Third Amendment to the Block By Block Agreement for Professional and Ambassador Services unity Develo unity icroenterprise 6. Audience Participation Candie Turner, City Resident, shared her concern about safety issues with the intersection at Tieton Drive and 80th Avenue. Bill Duerr, City resident, stated he believes the position of the flags is still incorrect. He feels the POW flag should be next to the American Flag. Thomas McCormick, City resident, complained about his neighbor who is operating a business without a permit, as well as smoking in the building. He would appreciate assistance from the City on this matter. Council Member Ettl recognized Christopher Hall, who is with Boy Scout Troup 123 and is working toward his Merit Badge. Mr. Hall stated he appreciated the good things the City Council Page 2 of 4 is doing for the community. CITY MANAGER REPORTS 7. 2014 Draft Strategic Plan City Manager O'Rourke briefed Council on the 2014 Strategic Plan. Council Members appreciated the report. Coffey moved and Dittmar seconded to adopt the 2014 Strategic Plan. Council Member Lover questioned the word adopt. Assistant Mayor Coffey believes it is the same as accepting the report. The motion carried by a 5-1 roll call vote, Lover voting no, Adkison absent. 8. 2014 Draft Business Plan City Manager O'Rourke briefed Council on the 2014 Business Plan. Dittmar moved and Ettl seconded to accept the report. The motion carried by a unanimous roll call vote, Adkison absent. 9. Resolution authorizing acceptance and executing the necessary agreement for a $40,000 "Supporting Investments in Economic Diversification" (SIED) grant to study the feasibility of a business incubator and public market in the City of Yakima. City Manager O'Rourke briefed Council on the agreement. The City Clerk read the resolution by title only. RESOLUTI execute the Diversificati the City of rizing the City estmei usiness incub anager to accept and in Economic r and public market in Coffey moved and Dittmar seconded to adopt the resolution. The motion carried by a unanimous roll call vote, Adkison absent. 10. Resolution authorizing acceptance of funding and executing an Agreement with the Yakima County (SIED) Board for $900,000 in a loan and $900,000 in a grant to support engineering and design of new streets, utilities, environmental clean-up and right of way for the Cascade Mill District Redevelopment Project. City Manager O'Rourke briefed Council on the agreement. The City Clerk read the resolution by title only. RESOLUTION NO. R-2014-024, A RESOLUTION authorizing the City Manager to accept and execute the necessary agreement for $900,000 in a grant and a $900,000 loan from the Yakima County SIED Board to support engineering and design of new streets, utilities and environmental clean-up plans for the Cascade Mill District Redevelopment Project. Ettl moved and Coffey seconded to adopt the resolution. The motion carried by a unanimous roll call vote, Adkison absent. 11. Other Business Mayor Cawley asked Council Member Ensey if he was satisfied with the the way the Committee representation turned out. Council Member Ensey stated he was in agreement. Mayor Cawley noted Council Member Dittmar will take Assistant Mayor Coffey's place on the YPAL board. Cawley moved and Ensey seconded to appoint Dittmar to the YPAL committee instead of Page 3 of 4 Coffey. The motion carried by a unanimous voice vote, Adkison absent. Assistant Mayor Coffey requested the City Manager's Office to notify the different Boards/Committees of the new appointments. 12. Adjournment Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on February 18, 2014 at 6 p.m. in the Council Chambers. The motion carried by unanimous voice vote (Adkison absent). The meeting adjourned at 6:35 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 4 of 4 YAKIMA CITY COUNCIL February 18 2014 City Hall -- Council Chambers 5:15 p.m. Executive Session; 6 p.m. Business Meeting --Minutes EXECUTIVE SESSION 1. Executive Session regarding pending litigation. Council: Mayor Micah Cawley, presiding, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Absent: Assistant Mayor Kathy Coffey (excused) Executive Session was held and adjourned at 5:55 p.m. BUSINESS MEETING 1. Roll Call Council: M Rick Ensey, Staff: City Hager • o e, Ci ttor an�ity Clerk Cla. Tee Absent: Ass - -yor K- y Coffe cused) 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 Maria Mayhue and Susan Knotts in obtaining Certified Public Procurement Officer (CPPO) certification City/County Purchasing Manager Sue Ownby introduced Maria Mayhue and Susan Knotts who recently received their Certified Public Procurement Officer (CPPO) credentials. This certification demonstrates a level of excellence, competency and knowledge necessary to carry out the jobs they have been entrusted to do, which promotes public trust and accountability. Ms. Mayhue and Ms. Knotts stated they were grateful and appreciative of the award and the support given by the City for the education opportunity. ii. Apple Award for Brad Harrison an Irrigation Crewleader Water & Irrigation Manager Dave Brown introduced Brad Harrison, Irrigation Crew Leader for nine years. Mr. Brown stated Mr. Harrison has helped set the bar for customer service by going above and beyond the normal call of duty on a regular day. Mr. Harrison accepted the award and expressed his appreciation for the support from the staff he works for. 4. Council Reports , Tom Dittmar, Page 1 of 6 A. Discussion concerning City Council delegation for Washington, D.C. visit Mayor Cawley stated the City normally sends the Council Partnerships Committee to Washington D.C. City Manager O'Rourke expressed the importance of having elected officials, especially the Mayor, attend these meetings. Council Member Lover suggested Tom Dittmar, as a new Council Member, be included in the delegation, if available. It was Council consensus to send a maximum of three Council members and work with the City Manager on who will attend. B. Consideration of a request from the Yakima Union Gospel Mission for a letter of support regarding the Mission's grant funding request to expand its Long Term Residential Housing Complex and Medical Care Center. Mayor Cawley stated this issue was heard at the Committee level and then brought to the full Council as per the Council's policy. Adkison moved and Dittmar seconded to send a letter of support. The motion carried by a unanimous roll call vote (Coffey absent.) C. Council Built Environment Committee Minutes Ensey moved and Adkison seconded to approve the Committee minutes. The motion carried by a unanimous voice vote (Coffey absent). 5. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any ad dele ouncil mbers ere were no changes. Th City C . re .ent a ite including res tions and ordinances, by title. (Ite thout further discussion Ensey mov : kis ' secon • ' appro h■consent age a. The motion carried by a unanimous roll call vote (Coffey absent). A. 2013 4th Quarter Capital Improvement Projects Report. B. 2013 Year End Gang Free Initiative Report. C. Resolution setting the time and place for a public hearing at 6:30 p.m. on March 18, 2014 regarding amending the Six-year Transportation Improvement Program (TIP). RESOLUTION NO. R-2014-025, A RESOLUTION fixing the time and place of a hearing for March 18, 2014 at 6:30 pm in the Council Chambers at City Hall to amend the 2014 through 2019 Six -Year Transportation Improvement Program (STIP). D. Resolution setting the time and place for a public hearing on March 18, 2014 at 6:30 PM in the City of Yakima Council Chambers to hear from the public to dissolve the Transportation Benefit District. RESOLUTION NO. R -2014 -TBD -5, A RESOLUTION setting the time and place for a public hearing on March 18, 2014 at 7:00 PM in the City of Yakima Council Chambers to hear from the public to dissolve the Transportation Benefit District. E. Resolution authorizing execution of Addendum #1 for Engineering Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed $318,015 for Engineering Services for Alpha Taxiway Rehabilitation Constructions Project AIP 3- 53-0089-36. Page 2 of 6 RESOLUTION NO. R-2014-026, A RESOLUTION authorizing the City Manager to execute an Engineering Services Agreement Addendum No. 1 with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed $318,015 for Engineering Services for Alpha Taxiway Rehabilitation Construction Project, AIP 3-53-0089-36. F. Resolution authorizing execution of a Memorandum of Understanding to an existing Purchasing Agreement between the City of Yakima and the City of Union Gap regarding transit advertising. RESOLUTION NO. R-2014-027, A RESOLUTION authorizing the City Manager to execute an Agreement between the City of Union Gap and City of Yakima Transit for Transit related advertising services. 6. Audience Participation Candie Turner, City resident, again expressed her frustration about comments made at a Council meeting several months ago. Mayor Cawley stated he thought this issue had been resolved. Council Member Dittmar suggested they review the minutes of the previous meetings. Michael Hayes, City resident, discussed curb cut issues on Arlington and 16th Avenue and Folsom Avenues. He stated he will bring this up at every meeting until it is addressed and thinks this should take priority over any beautification project on N. First Street. CITY MANAGER REPORTS 7. Set date for a public hearing on March 18, 2014, at 6:30 p.m. to consider the Yakima Planning Commission's recommendation on amendments to the Yakima Urban Area Zoning Ordinance YMC Chapter 15.08 Signs, to further regulate the impacts of billboards and digital signs. Community uncil on the i e. He stated the Planning Co mission to • • • me • fro in reg s to the North First Street sign • -rlay iss a • • signs ag: • - • ke stat that if the majority of the Council not int= ste n the ital • n iss at s time, staff s uld stop any further effort in that Dittmar moved and Adkison seconded to table indefinitely the issue of digital signs. The motion carried by a 4-2 roll call vote with Lover and Ettl voting no (Coffey absent). Ensey moved and Dittmar seconded to set the public hearing for March 18, 2014 at 6:30 p.m. The motion carried by a unanimous roll call vote (Coffey absent). 8. Resolution authorizing the City Manager to direct engineering plans and specifications be prepared to implement the "Preferred Option" for a landscape and corridor design of the North First Street Corridor Revitalization Project. City Manager O'Rourke briefed Council on the North First Street Corridor project. He indicated the Council Built Environment Committee would like to change course and proposed consolidating multiple phases into one phase with an approximate completion date in two years versus approximately six years. Strategic Projects Manager Davenport presented a PowerPoint presentation. After Council discussion, The City Clerk read the resolution by title. RESOLUTION NO. R-2014-028, A RESOLUTION authorizing the City Manager to direct engineering plans and specifications be prepared to implement the "Preferred Option" for a landscape and corridor design of the North First Street Corridor Revitalization Project. Page 3 of 6 Adkison moved and Dittmar seconded to adopt the resolution. The motion carried by a unanimous roll call vote (Coffey absent). 9. Resolution authorizing withdrawal from Intergovernmental Local Agreement for Stormwater Permit Compliance Activities between Yakima County and the Cities of Union Gap and Sunnyside. City Manager O'Rourke briefed Council on the Stormwater permitting compliance process. The City Clerk read the resolution by title. RESOLUTION NO. R-2014-029, A RESOLUTION authorizing the City Manager to execute a letter providing notice of termination and withdrawal of the City of Yakima from the Intergovernmental Local Agreement for Stormwater Permit Compliance Activities between Yakima County and the Cities of Yakima, Union Gap and Sunnyside. Ettl moved and Adkison seconded to adopt the resolution. The motion carried by a unanimous roll call vote (Coffey absent). 10. (A) Resolution approving real estate purchase and sale agreement between City of Yakima and Tiger Oil Corporation; and (B) Ordinance (first reading) amending the 2014 budget and making an appropriation from unappropriated Fund Balance within the General Fund. Senior Assistant Attorney Mark Kunkler briefed Council on the Tiger Oil property issue. Valerie Bound, with the Department of Ecology (DOE), stated DOE strongly supports this project. After Council discussion, The City CI are- title. RESOLUTI NO. R 1 30 SO app nd aut izing the City Manager to execute, orpora n and City of Yakima for four parc Adkison moved and Dittmar seconded to adopt the resolution. The motion carried by a unanimous roll call vote (Coffey absent). The City Clerk read the ordinance by title, which was laid on the table until the March 4, 2013 Council meeting for a second reading. First reading of AN ORDINANCE amending the 2014 budget for the City of Yakima; and making appropriations of $1,102,000 within the 001 — General Fund, for expenditure during 2014 to provide for the purchase of four properties with the intent to partner with the Department of Ecology for pollution remediation and resell. 11. Resolution authorizing the City Manager to execute a Supplement to the Professional Services Agreement with H.W. Lochner, Incorporated not to exceed the total of $1,734,000 (original contract and supplement) to provide engineering and related services for the Cascade Mill Project site. Strategic Project Manager Joan Davenport briefed Council on the Cascade Mill Project site. After Council discussion, The City Clerk read the resolution by title. RESOLUTION NO. R-2014-031, A RESOLUTION authorizing the City Manager to execute a Supplement to the Professional Services Agreement (Resolution R-2011-135) with H.W. Lochner, Incorporated not to exceed the total of $1,734,000 (original contract and supplement) to provide engineering and related services for the Cascade Mill Project site. Page 4 of 6 Ensey moved and Dittmar seconded to adopt the resolution. The motion carried by a unanimous roll call vote (Coffey absent). 12. Resolution authorizing preparation and submission of proposed legislation to amend the Revised Code of Washington to provide for issuance of administrative search warrants for the enforcement of building, housing and life safety codes and statutes. City Manager O'Rourke briefed Council on the item. Council Member Ensey expressed his concerns with potential property rights issues and whether they should expend political capital to fight for this. He also wondered whether anyone in the City's Olympia delegation would be willing to put their name on it. City Manager O'Rourke noted they would be following the International Building Codes as they do now with the Administrative Fire Codes. The City Clerk read the resolution by title. RESOLUTION NO. R-2014-032, A RESOLUTION authorizing the City manager to prepare proposed legislation to amend the Revised Code of Washington to authorize issuance of administrative search warrants for the enforcement of building codes, housing codes, abatement codes and other codes protecting property and life safety of persons. Ettl moved and Dittmar seconded to adopt the resolution. The motion carried by a 4-2 roll call vote with Ensey and Lover voting no (Coffey absent). 13. Resolution authorizing the execution of the 2014-2017 Collective Bargaining Agreement between the City of Yakima and IAFF Local #469, Public Safety Dispatchers & Communication Supervisors. e bri cil on th ollecti RESOLUTI i NO. - 01 ' 33, S • ■ • - ut�rizing the City'anager to execute a collective b- gree ent bet - e City Y ma and the In rnational Association of Firefighters (IAFF) Local 469 Public Safety Dispatchers & Communications Supervisors Units for wages, hours, and working conditions for 2014-2017; and authorizing the City Manager to execute amendments to the collective bargaining agreement to clarify contract language, maintain compliance with the law, and make other minor adjustments. Adkison moved and Dittmar seconded to adopt the resolution. The motion carried by a unanimous roll call vote (Coffey absent). 14. Resolution authorizing the execution of the 2014-2017 Collective Bargaining Agreement between the City of Yakima and IAFF Local #469, Fire Department Employees & 911 Calltakers units. City Manager O'Rourke briefed Council on the contract. The City Clerk read the resolution by title. RESOLUTION NO. R-2014-034, A RESOLUTION authorizing the City Manager to execute a collective bargaining agreement between the City of Yakima and the International Association of Firefighters (IAFF) Local 469 Fire Department Employees & 911 Calltakers Unit for wages, hours, and working conditions for 2014-2017; and authorizing the City Manager to execute amendments to the collective bargaining agreement to clarify contract language, maintain compliance with the law, and make other minor adjustments. Adkison moved and Ettl seconded to adopt the resolution. The motion carried by a unanimous roll call vote (Coffey absent). 15. Other Business Page 5 of 6 A. Discuss rescheduling the March 4, 2014 Council meeting to March 11, 2014. City Manager O'Rourke noted three Council members will be absent on March 4, 2014. Cawley moved and Ensey seconded to reschedule the March 4, 2014 Council Business meeting to March 11, 2014. The motion carried by a unanimous voice vote (Coffey absent). Council Member Ettl presented a book to each Council member entitled "Decisive: How to make better choices in life and work" which is compliments of the owner/operator of Inkling Books, Susan Richmond. Council Member Ettl stated Ms. Richmond met the author, believes it is a good read and thought the Council members would like to read it. 16. Adjournment Ensey moved and Dittmar seconded to adjourn to a City Council Study Session on February 25, 2014 at 10 a.m. The motion carried by a unanimous voice vote (Coffey absent). The meeting adjourned at 7:39 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY COUNCIL MEMBER DATE COUNCIL MEMBER DATE Page 6 of 6 YAKIMA CITY COUNCIL STUDY SESSION February 25 2014 City Hall -- Council Chambers 10 a.m. 1) Special Meeting and 2) Study Session regarding Cascade Mill Landfill -- MINUTES 1. Roll Call Council: Mayor Micah Cawley, presiding, Council Members Tom Dittmar, Rick Ensey and Dave Ettl Staff: City Manager O'Rourke and City Clerk Clear Tee Absent: Assistant Mayor Kathy Coffey (excused) and Council Members Maureen Adkison (excused) and Bill Lover (excused) 2. Special Meeting: Ordinance (second reading) amending the 2014 budget and making an appropriation from unappropriated Fund Balance within the General Fund (Tiger Oil Properties) The City Cler ORDINANC : O. 201 0 r• DINA - nd 14 bu et for the City of Yakima; and :king - ro• :tions $1, 111 hi e 001 — Gen I Fund, for expenditure • 4 to •vide fo urchas f r properties the intent to partner with the Department of Ecology for pollution remediation and resell. Ensey moved and Dittmar seconded to pass the ordinance. The motion carried by a 4-0 roll call vote (Adkison, Coffey and Lover absent). 3. Study Session: Cascade Mill Landfill Clean-up Options and consideration of Resolution authorizing City Manager to sign a Voluntary Cleanup Program Agreement with Department of Ecology Strategic Projects Manager Joan Davenport presented a PowerPoint relating to options for clean-up at the Boise Cascade Mill Site. Ms. Davenport discussed options ranging from limited waste removal and capping and monitoring what remains, to removing all of the waste. The estimated cost of the former option is $7.24 million; the cost of removing all the waste could be $27 million. Additionally, the debris from the landfill needs to be removed for environmental and construction reasons. Under the preferred design, the ground must be stabilized in order to hold up under the weight of the proposed Cascade Mill Parkway and the East-West Corridor. Before cleaning up the municipal waste, the City will have to remove wood waste currently covering the landfill site at an estimated cost of $900,000. Ms. Davenport also reviewed a voluntary cleanup program agreement with Department of Ecology (DOE) for the removal or remediation of waste. The City hopes to partner with DOE using Model Toxic Control Act funding, if available. City Attorney Cutter stated the City bears the ultimate responsibility for cleaning up the site as this was previously a municipal landfill. Page 1 of 2 The City Clerk read the resolution by title. RESOLUTION NO. R-2014-035, A RESOLUTION authorizing the City Manager to execute a Voluntary Cleanup Program (VCP) Agreement with Department of Ecology related to remediation of the former municipal landfill. Ensey moved and Dittmar seconded to adopt the resolution. The motion carried by a 4-0 roll call vote (Adkison, Coffey and Lover absent). 4. Audience Comments (allow 15 minutes) Lynn Kittelson, City resident, stated the Cascade Mill Site is in her neighborhood and urged Council Members to consider the impact on her neighbors and the downtown plans resulting from any decisions regarding the Mill Site. 5. Following the Study Session -- Executive Session regarding Real Estate or Land and Property Acquisition At 10:36 a.m., Ensey moved and Ettl seconded to adjourn to Executive Session for up to 30 minutes. The motion carried by a 4-0 voice vote (Adkison, Coffey and Lover absent). Executive Session was held and adjourned at 11:02 a.m. when Council resumed session. 6. Adjournment Ensey moved and Ettl seconded to adjourn to the next Council Business meeting on March 11, 2014 at 6 p.m. at City Hall. The motion carried by a unanimous voice vote (Adkison, Coffey and Lover absent). The meeting adjourned at 11:02 a.m. CERTIFICATION READ AND CER ATTEST: RA UNCIL MEM R DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 2 of 2 YAKIMA CITY COUNCIL SPECIAL MEETING February 28 2014 City Hall -- Council Chambers 9:30 a.m. Special Meeting regarding Discussion on Legislative Issues 1. Roll Call Council: Mayor Micah Cawley, presiding, Council Members Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee Absent: Assistant Mayor Kathy Coffey (excused) and Council Member Maureen Adkison (excused) 2. Discussion regarding legislative issues City Manager •'' - - apolo - ouncil a - the Ma - - ff - - uthorizing the Mayor's signat on ss• a ion • ashi � ''s (A e er, wi o ouncil consent. Additionally, M in the mmunity over the ban. He clarified tha dividu- o the - of ed recreational) se marijuana in the City of Yakima • - ic). weve a ity has n all growing, es and processing of recreational marijuana. City Manager O' -our e further •iscussed the poten ial of receiving funding from the State of Washington for marijuana sales, stating that the unintended consequences of this new law will increase our public safety costs. Due to the passage of this initiative related to recreational use of marijuana, Chief Rizzi reports the Police Department expects an increase in domestic violence issues, as well as people driving under the influence. Sergeant Belton reported in 2013 the Police Department had 360 arrests for driving under the influence, whether it was for alcohol and/or drugs. Most of those arrests were people who had a breathalyzer test, blowing over the legal limit of .08 percent. Of the remaining arrests for people who did not blow over a .08 percent, 72 were given blood tests of which over half were under the influence of cannabis alone. The average time for an officer to handle an alcohol related DUI is 2.5 hours; however, when the DUI appears to be more than alcohol, a blood test is required, which increases the officer's time by another hour. Council Members Ensey and Ettl stated they initially thought it would be hypocritical to receive any tax funding from the sales of marijuana as the City of Yakima has banned sales, etc. However, they see the City will likely have an increase in public safety costs related to this initiative, and therefore, will need any funding assistance provided. Ensey moved and Dittmar seconded to support A WC's efforts and make it a policy that we support any revenue sharing efforts in this matter. The motion carried by a 5-0 roll call vote, Adkison and Coffey absent. 3. Adjournment Ensey moved and Ettl seconded to adjourn to the next meeting Council Business meeting on March 11, 2014 at 6 p.m. at City Hall. The motion carried by a unanimous vote with Coffey and Page 1 of 2 Adkison absent. The meeting adjourned at 10:06 a.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 2 of 2 YAKIMA CITY COUNCIL March 11 2014 City Hall -- Council Chambers 6 p.m. Business Meeting -- MINUTES BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Pres i. resenta n ►'� aIle m m 2yal Rept by John Cooper, John Coope ' tan CEO o a Valle olsm, reported their 2013 Annual report and provided an updated visitors guide to the City Council. ii. Recognition of retiring Yakima Transit employee Dick Hernandez for 26 years of service to the City of Yakima. Transit Manager Mehin recognized Dick Hernandez for his 26 years of service to the City of Yakima. Mr. Hernandez thanked Council for the recognition and stated it has been a pleasure to work for the City. B. Appointments to Boards, Commissions and Council Committees i. Council Partnership Committee recommendation to appoint Patricia Byers to the City of Yakima Planning Commission and Noah Kessler to the Parks and Recreation Board Youth Position. Adkison moved and Ettl seconded to appoint Patricia Byers to the City of Yakima Planning Commission and Noah Kessler to the Parks and Recreation Youth position. The motion carried by a unanimous roll call vote. 4. Council Reports A. Council Partnerships Committee meeting minutes from February 10 and 18, 2014 Adkison moved and Dittmar seconded to approve the reports. The motion carried by a unanimous roll call vote 5. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there Page 1 of 4 were any additions or deletions from Council members or citizens present. The following items were added to the consent agenda: #8 Resolution authorizing Right -of -Way Use Permit for Graham Snyder, owner of Cowiche Canyon Restaurant. #9 Resolution authorizing an Agreement with FCS Group in an amount not to exceed $91,000 to develop and provide a Wastewater, Industrial Wastewater and Stormwater Rate Study. #10 Ordinance amending the Yakima Municipal Code YMC 5.98 Temporary Use Permits to allow for seasonal uses. 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.) Ensey moved and Coffey seconded to approve the consent agenda. The motion carried by a unanimous roll call vote. A. Resolution authorizing agreement with Schedule Masters, Inc. to provide Run -Cutting Software to Yakima Transit. RESOLUTION NO. 2014-036, A RESOLUTION authorizing agreement with Schedule Masters, Inc. to provide Run -Cutting Software to Yakima Transit per RFP 11337-P B. Resolution authorizing execution of a Capital Equipment Grant Agreement with the Washington State Department of Transportation (WSDOT) to allow Yakima Transit to purch. Dial icles. RESOLUTI NO. 2 -• A - _ • LU utho • directi the City Manager of the City of ent wit he Washington State Department Trans• at to a Y- .it t purchase sev Dial A Ride vehicles. C. Resol. • - • orizi • executi• • a Grant • • -- ent with the ashington State Department of Transportation (WSDOT) to allow Yakima Transit to receive Formula Funds for Yakima Transit's Dial A Ride Program. RESOLUTION NO. 2014-038, A RESOLUTION authorizing the City Manager to enter into an agreement to accept grant funding for paratransit services. D. Resolution authorizing Right -of -Way Use Permit for Graham Snyder, owner of Cowiche Canyon Restaurant RESOLUTION NO. 2014-039, A RESOLUTION authorizing issuance of right-of-way use permit for five-foot by thirty-foot awning ten feet above sidewalk at site commonly known as 202 East Yakima Avenue. E. Resolution authorizing an Agreement with FCS Group in an amount not to exceed $91,000 to develop and provide a Wastewater, Industrial Wastewater and Stormwater Rate Study. RESOLUTION NO. 2014-040, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with FCS Group in an amount not to exceed $91,000 to develop and provide Rate Studies for the Wastewater, Industrial Wastewater and Stormwater Utilities. F. Ordinance amending the Yakima Municipal Code YMC 5.98 Temporary Use Permits to allow for seasonal uses. ORDINANCE NO. 2014-004, AN ORDINANCE relating to temporary use permits, amending text amendments to Section 5.98.010 of the Yakima Municipal Code regarding temporary use Page 2 of 4 permits. 6. Audience Participation The following people spoke in support of the Yakima -Ellensburg commuter transit service: Aileen Kane, City resident; Tom Hanson, non-resident, with the Washington State Department of Transportation (he distributed letters of support from the City of Ellensburg, Central Washington University and Hope Source Transit Authority/Yakima Ellensburg Commuter Service); Brittany Holmes, non-resident; Jeanne Coady, non-resident; and Obie O'Brien, non-resident and former Mayor and Council Member of Ellensburg, and former Hope Source Board Member (also provided a letter). CITY MANAGER REPORTS 7. Consideration of eliminating Yakima Transit Services Due to Lack of State Funding: Item A. Elimination of Sunday Service for Fixed Transit Routes. Item B. Elimination of Yakima/Ellensburg Commuter Bus Service. City Manager O'Rourke requested this item be tabled to a later date as staff is investigating additional funding sources. The item was tabled by Council consensus. ORDINANCES 8. Ordinance relating to Public Safety; amending section 6.80.010 to add the definition of Electronic Cigarette and adding a new section 6.80.035 prohibiting the use of electronic cigarettes in any place where smoking is prohibited by law. City Manag: - ' e no - was i -Ily bro Council Member Bristol, and -n refe d t• he Pub Safe mitt . He noted thi not a ban, but places the same re fictions e- aret - nd v- • at a a for of r tobacco products. Patrice Fola the issue. e and distribuinformation regarding Anthony Akins, City resident, spoke against the ordinance and requested Council conduct further research. Harold Kaempel, City resident, spoke against the ordinance and encouraged Council perform further research. Neal Coffey, non-resident, spoke against the ordinance and distributed additional information on the issue. Prosecuting Attorney Martinez emphasized this is not a ban, but an attempt to regulate e - cigarettes the same way the City regulates tobacco use. Assistant Mayor Coffey stated the FDA has not taken a position on this and doesn't believe it is necessary for the Council to take a stand on the issue. Council Member Lover believes this is an unenforceable regulation. Council Member Adkison noted they are not banning the use, just regulating it and believes there are two sides to every story. Council Member Ettl doesn't feel strongly either way, but he does feel badly for people that may be affected by the vapor. The City Clerk read the ordinance by title. AN ORDINANCE relating to Public Safety; amending section 6.80.010 to add the definition of Electronic Cigarette and adding a new section 6.80.035 prohibiting the use of electronic cigarettes in any place where smoking is prohibited by law. Ensey moved and Coffey seconded to not pass the ordinance. The motion carried by a 4-3 Page 3 of 4 roll call vote, with Dittmar, Adkison and Ettl voting no. The ordinance did not pass. 9. Other Business None. 10. Adjournment Ensey moved and Coffey seconded to adjourn to the next Council Business meeting on March 18, 2014 at 6 p.m. in the Council Chambers. The motion carried by a unanimous voice vote. The meeting adjourned at 7:50 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 4 of 4