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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. 155 JANUARY 5, 2010 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. 2 156 JANUARY 5, 2010 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. 3 157 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. 4 158 JANUARY 5, 2010 *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 5 • 159 JANUARY 5, 2010 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. • o 6 160 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 �V -f E-4 1— t.0 COUNCIL MEMBER DATE ATTEST: 62 c_AtnaLk_ /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 7