HomeMy WebLinkAbout01/05/2010 Business Meeting 154
YAKIMA CITY COUNCIL
BUSINESS MEETING
JANUARY 5, 2010
COUNCIL CHAMBERS — YAKIMA CITY HALL
6:00 P.M. — BUSINESS MEETING
1. Roll Cali
Present:
Council: Maureen Adkison, Micah Cawley, Kathy Coffey, Dave Edler, Rick
Ensey, Dave Ettl and Bill Lover
Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster
2. Administration of Oaths of Office to elected Council Member Micah Cawley
and Council Member Bill Lover
The City Clerk administered Oaths of Office to Micah Cawley and Bill Lover. The
Council members were seated.
3. Nomination of Meeting Chair
Council Member Cawley nominated Council Member Edler as Meeting Chair. The
nomination passed by unanimous voice vote.
4. Invocation /Pledge of Allegiance
Council Member Dave Edler gave an invocation and led the Pledge of Allegiance.
5. Election of Mayor
Council Member Ettl nominated Council Member Cawley for Mayor. Council
Member Edler nominated Council Member Adkison. Council Member Cawley was
voted in as the new Mayor with a 5 -2 roll call vote; Adkison and Edler voting for
Adkison.
6. Election of Assistant Mayor (Mayor Pro -tem)
Council Member Ensey nominated Council Member Coffey for Assistant Mayor. The
nomination carried by unanimous roll call vote.
7. Open Discussion for the Good of the Order
A. Proclamations
➢ Martin Luther King, Jr. Week
Mayor Cawley read a proclamation declaring the week of January 17 -23 as
Martin Luther King, Jr. Week. Steve Mitchell accepted the proclamation.
➢ School Board Recognition Month
Mayor Cawley read a proclamation declaring January as School Board
Recognition Month. John Vornbrock accepted the proclamation.
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B. Presentations /recognitions /introductions
➢ Recognition of former Council Member Neil McClure
Mayor Cawley read a proclamation recognizing Neil McClure for his service
as a City Council Member and presented him with a plaque.
➢ Yakima Valley Conference of Governments Outstanding Service Award
to Brett Sheffield, Chief Engineer
Page Scott explained how they select an individual for their contribution to
membership of YVCOG and that Brett Sheffield was selected for his
outstanding service.
➢ Yakima Light Project Presentation
Noel Moxley invited Council members to the opening of the light group's first
project at the Allied Arts Gallery, Beautification of Downtown Yakima.
C. Status reports on prior meeting's citizen service requests
D. Response regarding request for handicap parking space in front of the
downtown library (request from Al Marquez)
Public Works Director Waarvick referred to a report supplied by Streets
Manager Joe Rosenlund and recommended it be referred to the Parking
Commission for further review. LOVER MOVED AND COFFEY SECONDED
TO FORWARD THIS ISSUE TO THE PARKING COMMISSION. The motion
carried by unanimous voice vote.
• Appointments to Boards, Commissions and Council Committees - None
8. Consent Agenda
Mayor Cawley referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. Items 10, 11 and 23 were added. The City Clerk read the Consent
Agenda items, including resolutions and ordinances by title; COFFEY MOVED AND
ADKISON SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The
motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an
asterisk ( *) indicate items on the Consent Agenda handled under one motion without
further discussion.)
*A. Consideration of approval of Council Minutes
• Adjourned Meeting /Study Session — November 10 and November 17, 2009
• • Special Meeting /Study Session — November 17, 2009
• Business Meeting — November 17 and December 1, 2009
The minutes of the November 10 and November 17, 2009 Adjourned meetings, the
November 17, 2009 Special meeting and the November 17 and December 1, 2009
Business meetings were approved, having been duly certified accurate by two
Council members and no one present wishing to have said minutes read publicly.
*B. Consideration of approval of Council Committee Meeting Minutes
• Council Public Safety Committee — October 22 and November 10, 2009
The Council Committee Meeting Minutes were approved.
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9. Audience Participation
Kristie Pasten requested Council revisit the placement of the art piece in the
downtown historic district.
Luz Gutierrez requested more diverse membership on boards, commissions, and
committees and offered assistance in developing a strategy to accomplish that goal.
She also offered assistance in developing strategies relating to economic
development. She advised she would be sharing a special bread, rosca de reyes
(Three Kings Bread), in celebration of El Dia de Los Tres Reyes (Three Kings Day)
tomorrow.
Karen Stillwater questioned what action would result from the collection of data from
the graffiti tracking service to deal with the offenders.
CITY MANAGER'S REPORTS
*10. Consideration of a request to add active duty military personnel to the
Honored Citizen aquatic fee discount rate at City swimming pools
The request was approved.
*11. Consideration of a Resolution authorizing support for retaining the Ahtanum
View Correctional facility
RESOLUTION NO. R- 2010 -01,A RESOLUTION requesting that the Honorable
Christine O. Gregoire, Governor of the State of Washington, recognize the social
and economic value of the Ahtanum View Corrections Center to the Yakima Valley,
and exercise her authority to rescind the closure of the facility.
*12. Consideration of a Resolution declaring Graffiti Tracker a sole source and
executing a contract between the City of Yakima and the Graffiti Tracker Inc.
RESOLUTION NO. R-2010-02„A RESOLUTION declaring Graffiti Tracker Inc. a
sole source, and authorizing the City Manager of the City of Yakima to execute a
contract with Graffiti Tracker Inc. for graffiti intelligence and analysis services.
*13. Consideration of a final contract payment for Heritage Trails Yak YVT 3 Bridge
The report from the City Engineer, dated December 22, 2009, with respect to the
completion of the work on the Heritage Trails Yak YVT 3 Bridge Restoration,
performed by Long Painting, was approved, the work accepted and payment of the
final estimates as therein set forth was authorized.
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JANUARY 5, 2010
*14. Consideration of a Resolution authorizing execution of an agreement with
Yakima Morelia Sister City Association to provide financial support for
delegation of cultural and economic exchange activities
RESOLUTION NO. R- 2010 -03, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an agreement between the City of Yakima and the
Yakima Morelia Sister City Association to provide financial support up to One
Thousand Three Hundred Thirty -three Dollars ($1,333) for delegation of cultural and
economic exchange activities between the City of Morelia, Michoacan, Mexico and
the City of Yakima.
*15. Consideration of a Resolution authorizing and ratifying the City Manager to
execute an Assignment of Project Development Agreement from the Yakima
Valley Visitors and Convention Bureau to the City of Yakima
RESOLUTION NO. R- 2010 -04, A RESOLUTION authorizing and ratifying the action
of the City Manager of the City of Yakima to execute an Assignment of Project
Development Agreement from the Yakima Valley Visitors and Convention Bureau to
the City of Yakima
*16. Consideration of a Resolution authorizing execution of an agreement with Jay
Carlson to provide educational fitness programs to City of Yakima employees
RESOLUTION NO. R- 2010 -05, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to execute a contract with Jay Carlson to provide
professional physical fitness training to City employees for the "Fit For Life Women &
Men's Body- For -Life Challenge" at City Hall.
*17. Consideration of a Resolution authorizing execution of a contract with
Municipal Research Services Center (MRSC) to utilize their Shared Small
Public Works and Consultant Roster System
RESOLUTION NO. R- 2010 -06, A RESOLUTION authorizing the City Manager to
execute a contract between the Municipal Research Services Center (MRSC) and
the City to utilize MRSC Small Public Works and Consultant Rosters to award public
works and consulting contracts.
*18. Consideration of a Resolution authorizing execution of an agreement with
Yakima Basin Water Resources Agency for use of office space at Public Works
RESOLUTION NO. R- 2010 -07, A RESOLUTION authorizing the City Manager to
execute an Office Use Agreement with Yakima Basin Water Resources Agency for
use of office space.
*19. Consideration of a Resolution authorizing execution of an agreement with the
Yakima Symphony Orchestra to provide music educational opportunities and
programs for youth
RESOLUTION NO. R- 2010 -08, A RESOLUTION authorizing the City Manager of
the City of Yakima to execute an Agreement with the Yakima Symphony Orchestra
(hereafter "YSO ") for the purpose of providing music educational opportunities and
• programs for youth in the community and enhancing Yakima's quality of life.
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*20. Consideration of a Resolution initiating right -of -way vacation proceedings in
the vicinity of South 8th Street and setting a date for a public hearing before
the City of Yakima Hearing Examiner for February 11, 2010
RESOLUTION NO. R- 2010 -09, A RESOLUTION fixing February 11, 2010 as the
date for a public hearing before the Hearing Examiner. This hearing concerns a
petition to vacate that portion of the 20 foot alley adjacent to Lots 1, 2, 3, 4, 5, 12,
13, 14, 15, 16 and the south half of Lots 6 and 11 of Block 151 of the Plat of Huson's
Addition to the City of Yakima Washington.
*21. Consideration of a Resolution setting date of public hearing for February 2,
2010 to establish the final assessment roll for the Simpson Lane Sewer Local
Improvement District (LID) # 1061
RESOLUTION NO. R- 2010 -10, A RESOLUTION fixing February 2, 2010, as the
date of public hearing for the final assessment roll for the Simpson Lane Sewer
Local Improvement District No. 1061
*22. Consideration of setting a date of public hearing for January 19, 2010 for
Foursquare Church /Hochrein annexation
January 19 2010, was set as the date of public hearing to consider the Foursquare
Church /Hochrein annexation located in the vicinity of Tieton Drive and South 80
Avenue.
ORDINANCES
*23. Consideration of an Ordinance creating a City of Yakima Arts Commission
ORDINANCE NO. 2010 -01, AN ORDINANCE relating to administration, establishing
by ordinance the Yakima Arts Commission, describing the responsibilities and duties
of the Commission, the membership of the commission and the appointed
commission member's terms of service on the commission; and adding YMC 1.36 as
a new chapter of the Yakima Municipal Code.
*24. Consideration of an Ordinance defining ownership, responsibility, terms and
conditions for domestic water system service pipes and cross - connection
devices
ORDINANCE NO. 2010 -02, AN ORDINANCE relating to domestic water system
service pipes; amending Chapter 7.68 entitled "Water Division" of the Yakima
Municipal Code to clarify responsibility for the operation and maintenance of the
service line; specify the method for measuring the owners responsibility for leakage,
damage and repair; require the installation of backflow prevention devices in
accordance with the procedure set forth; making minor editing changes; and
specifically amending sections 7.68.035, 7.68.070, 7.68.090 and 7.68.095 of the
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25. Other Business
ETTL MOVED AND CAWLEY SECONDED TO REVISIT THE EARLIER DECISION
ON THE PLACEMENT OF THE ART. Council Member Ettl recommended
channeling this project through the new Arts Commission that will have people
representing the general citizenry. Council Member Adkison noted that the Giving
Circle had followed all of the required procedures and to revisit the Council vote
would be reneging on a commitment to them, but she was not opposed to putting
the decision through the Arts Commission. Council Member Edler said he was
adamantly opposed to revisiting this because the organization had already gone
through the proper process. CED Director Cook explained the process that was
followed noting that there were no written procedures at that time. The Giving Circle
representatives met with the artist and also met with the Front Street Association a
number of times since 2008, where a vote was taken with agreement for a piece of
art to go on that site. The City was not involved in that process. Mr. Cook said our
only concern was public safety.
Brook Creswell of the Arts Giving Circle clarified that they did not request City
money for the installation as they are paying for it as part of the commission. The
$15,000 is for lighting if it desired. He further commented that lighting is not the
difficult part of the project nor is it an integral part of the piece. He recommended
that if spending those funds is a political concern, the money should not be spent.
He also described their dealings with the Front Street Association in regard to the
matter. He said they dealt with them through their representatives, as well assent a
representative to one of their meetings. He noted that at the time they were
proposing a different piece of art. He said they also hand - delivered invitations to the
members of the Front Street Association to attend the Arts Giving Circle meetings,
therefore any member had access to the decision - making process. They did not
sign a contract with the artist until after the City Council voted their support. He went
on to voice his support of this particular piece of art and the negative impact it would
have on future philanthropy if the support is removed.
Karl Pasten countered Mr. Creswell's comments expressing his feeling that the
supporting vote from the Front Street Association was invalid. He also stated that
he has no problem with the art itself, but would prefer it be placed in a different
location. He requested having the new Art Commission review the issue.
Other citizens that spoke:
Tom Allen — suggested tabling the issue to look at other alternatives.
Sally Kinkaid — supported the process that was followed.
Rob Sherwood — believes it would be a mistake to renege on the decision.
Joe Mann — doesn't agree that businesses need a vote on the selection.
Dan Kellerher — supports allowing the public to speak and that CDY strongly
supports the placement of the art.
Sally Finch — expressed excitement that art is bringing out opinions and passion.
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JANUARY 5, 2010
ETTL MOVED AND CAWLEY SECONDED TO RENEGE ON OUR DEAL, PULL
OUR FUNDING, AND FIND ANOTHER LOCATION. Council Member Lover
commented that the initial procedure was meant to have the least government
involvement as possible. He sees no reason to not move forward.
After Legal' advice, Council Member Ettl rescinded his original motion (to revisit the
subject) and Mayor Cawley withdrew his second.
LOVER MOVED AND ENSEY SECONDED TO AMEND THE MOTION TO READ
"TO PULL FUNDING AND ALLOW THE ART TO GO IN THE ORIGINAL
LOCATION." The' amendment carried by a 4 -3 roll call vote; Edler, Ettl and Cawley
voting no.
The question was called for a vote on the amended motion The motion failed
by a 3 -4 roll call vote; Edler, Ettl, Cawley and Coffey voting no. Clarification of the
impact of this failed motion was that nothing changes. The vote of the Council in
July to approve the location at the bump -out and to allow up to $15,000 for
installation is still valid.
Council Member Lover requested firming up the estimate of the cost to install
lighting.
26. Adjournment
COFFEY MOVED AND EDLER SECONDED TO ADJOURN TO JANUARY 6, 2010
AT 8:00 A.M. IN THE COUNCIL CHAMBERS FOR A SPECIAL MEETING
REGARDING APPOINTMENTS TO BOARDS /COMMISSIONS /COMMITTEES AND
ATTENDANCE AT THE NATIONAL LEAGUE OF CITIES CONFERENCE AND
CONGRESSIONAL MEETINGS IN WASHINGTON D.C. The motion carried by
unanimous voice vote. The meeting adjourned at 7:46 p.m.
READ AND CERTIFIED ACCURATE BY A P,A. ,;.■ r
C•UNCII pikER DATE
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COUNCIL MEMBER DATE
ATTEST:
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/2714.:4 CITY CLERK MICAH CAWLEY, MAY R
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office
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