Loading...
HomeMy WebLinkAbout05/07/2013 Business Meeting/Executive Session 387 YAKIMA CITY COUNCIL May 7, 2013 Council Chambers -- City Hall 5:30 PM Executive Session; 6 PM Business Meeting; 7 PM Public Hearing MINUTES + Back Print � �"", • .` : ` '�i�'� °; .;"'"�, is�ll�bfk�1Gbirv- _ �' •µ r. r2:d4.. �.; _ M'-". � , EXECUTIVE SESSION 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 2. Executive Session regarding pending litigation • Executive Session was held and adjourned at 5:56 p.m. 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 Claar Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations • i. Proclamation of appreciation for Donna Moultray Mayor Cawley read a proclamation of appreciation for Donna Moultray. Ms. Moultray accepted the proclamation and thanked Council for her long partnership with the City of Yakima. ii. National Peace Officers Memorial Day Mayor Cawley proclaimed May 15, 2013 as National Peace Officers Memorial Day. Chief Rizzi thanked Council and introduced Officer Adams who accepted the proclamation on behalf of the dedicated men and women at the Yakima Police Department. Mayor Cawley invited the public to a Peace Officers event on Wednesday, May 15 at 11:30 at the Yakima Police Department. B. Presentations /recognitions /introductions i. Recognize City /County Purchasing Manager Sue Ownby and Payroll Officer Diane Schmitt for 25 years of service to the City of Yakima Page 1 of 13 388 Finance and Budget Director Epperson introduced City /County Purchasing Manager Sue Ownby and Payroll Officer Diane Schmitt and thanked them for their 25 years of service to the City of Yakima. ii. Recognition of the Employee's Welfare Benefit Board, Cheryl Ann Mattia & Gretchen Peterson -Lee for etablishment of the Mi -care Clinic Mayor Cawley recognized Deputy Human Resource Manager Cheryl Ann Mattia and the City of Yakima Insurance Board members for their work on the Mi -Care Clinic, which has earned the National Public Employer Labor Relations Association 2013 Pacesetter Award. C. Status reports on prior meeting's citizen service requests i. Code Administration Manager Joe Caruso's response to complaint from Doug Lemon (verbal) Code Administration Manager Caruso spoke in response to a citizen complaint from Doug Lemon at a previous Council meeting. He feels he is speaking for all City employees when he says Council meetings are not the right venue for a citizen to complain about City employees. Mayor Cawley sympathized, but believes every citizen has the right to speak on any topic. Council Members Coffey and Bristol feel it is inappropriate to complain about City employees at Council meetings. Council Member Ettl noted they have barred other citizens from speaking at Council meetings based on their conduct until they have apologized. Additionally, the repetitious and unfounded complaints undercut legitimate complaints and the proper venue for those type of complaints is with the City Manager. If a citizen is unhappy with the City Manager's response, the complainant can then be directed to the Council. Mayor Cawley noted the large crowd attending and deferred this item to other business. 4. Council Reports i. Economic Development Committee Minutes from March 28, 2013 Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 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 removed from the consent agenda. B) Resolution approving Amended Agreement with The Watershed Company for professional services relating to Shoreline Master program update and support services 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. Consideration of approval of City Council Meeting Minutes i. Approval of the minutes from the February 5 and 19, March 5 and 19, April 2 and 16, 2013 City Council Business meetings and February 26 and March 26, 2013 Study Sessions Page 2 of 13 389 • The minutes of the February 5 and 19, March 5 and 19, April 2 and 16, 2013 City Council Business meetings and February 26 and March 26, 2013 Study Sessions were approved, having been duly certified accurate by two Council members, with no one present wishing to have said minutes read publicly. B. Resolution authorizing a Lease Agreement with Pacific Meter Services, Inc. for the rental of the Race Street Fire House RESOLUTION NO. R- 2013 -050, A RESOLUTION authorizing the City manager to execute a lease of the "Race Street Fire House" property to Pacific Meter Services, Inc., to facilitate advanced water metering infrastructure installation work C. Resolution authorizing an agreement with Camille Becker to Provide Target Zero Manager Duties to the Washington Traffic Safety Commission through the Yakima Police Department RESOLUTION NO. R- 2013 -051, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Agreement with the Camille Becker to provide Target Zero manager duties to the Washington Traffic Safety Commission through the Yakima Police Department D. Resolution authorizing an interlocal agreement with the Yakima School District for continuation of School Resource Officer services for the 2013 -2014 school year RESOLUTION NO. R- 2013 -052, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal School Resource Officer Agreement with Yakima School District No. 7 for the continuation of the school resource officer program during the 2013 -2014 school year E. Resolution authorizing a Sole Source Procurement with Metrohm USA for the purchase of an Ion Chromatograph System specific in meeting the Regulatory Testing Requirements of the Wastewater Division RESOLUTION NO. R- 2013 -053, A RESOLUTION authorizing a Sole Source Procurement between the City of Yakima and Metrohm USA for the purchase of an Ion Chromatograph (10) System specific in meeting the Regulatory Testing Requirements of the Wastewater Division F. Resolution authorizing a Sole Source Procurement with APSCO for the purchase of Wemco Primary•Sludge Recirculation Pumps for the Wastewater Division RESOLUTION NO. R- 2013 -054, A RESOLUTION authorizing a Sole Source Procurement between the City of Yakima and Apsco for the purchase of Wemco Primary Sludge Recirculation Pumps for the Wastewater Division 6. Audience Participation Lonnie Davis, resident of Puyallup, WA, noted the rumors in the paper about Track 29 are not all true. He stated he has found criminal activity on the part of Umpqua Bank and believes they are unethical. He stated they are having a jamboree at Track 29 on Saturday and invited the community to attend. Lynn Kittelson, City resident, apologized to Joe Caruso and stated she thinks the actions of the citizen are uncalled for. She invited Council and the community to attend an art show on the North side of 3rd Street & Yakima Avenue on May 12 from 9 a.m. to 3 p.m. Her last issue to discuss is regarding Track 29. She thinks there is something wrong with what is happening there and believes it is a destination landmark in Yakima. Jessica Navidad, non resident, and Zach Morehead, City resident, stated they are studying how citizens can participate in their government at Davis High School. They believe there is an overconsumption of plastic shopping bags and invited Council and the community to attend their presentation on May 13 from 10:20 to 11:20 at Davis High School. They would like input on what Page 3 of 13 390 they believe is a local environmental problem. Tony Sandoval, City resident, stated he is President of the Historic North Yakima group and feels the women business owners have been terrorized at Track 29. He loves Track 29 and referred to a poll conducted by the Yakima Herald about Track 29. He stated they will fight with everything they have in order to keep Track 29 open. Bill Duerr, City resident, believes Council should consider what Joe Caruso requested. He thanked Joe Caruso, Code Enforcement, ONDS and Refuse for the clean -up project this past weekend. Ben Shoval, non resident, stated he is passionate and aggressive and hopes the Council can put that aside as he is one of seven people who volunteered to be on the City's Planning Commission. He believes one of the most important aspects of the Planning Commission is to process and make recommendations to update or improve the Comprehensive Plan. He thinks this drives the economy with jobs and sales tax revenue and that there are many valuable • projects which cannot go forward. He requested that Council reconsider opening the Comprehensive Plan process for 2013. Tom Durant, non resident, owner of a business inside the City limits, reported he is a land use consultant and echoed Mr. Shoval's request. Sandy Belzer Brendale, unknown residency, asked if the City has an ordinance that opens the Comprehensive Plan process each year. She invited Council and the community to attend a Yakima County Republic Liberty Caucus hearing with KrisAnne Hall on May 16, 2013 at Howard Johnson Plaza. • Craig Carroll, Naches resident, owner of the Yakima Sportscenter, reported a challenging issue with their business due to the Cinco de Mayo celebration Saturday night. The entrance to his business was blocked, which shut down his business, as well as the business next to his. He likes the venue; however, he believes it should be arranged differently in the future, or moved down the road, in order to ensure the downtown businesses don't suffer. PUBLIC HEARINGS 7. Closed record public hearing to consider the Hearing Examiner's recommendation for the denial of a requested right -of -way Vacation of N 2nd Avenue requested by Hops Extract Corp. of America City Attorney Cutter advised Council they are entering into a quasi - judicial panel process of a closed record public hearing and it is Council's job to make the ultimate decision. He asked if any Council members have had ex parte communication with either party, and if so, to identify_ the nature of the contact. Council Member Lover stated he went to the site, found Mr. Hordan was there and they had a conversation about where the boundaries were. Mr. Cutter asked Mr. Lover if this would affect how he decides the issue. Mr. Lover responded it would not. Council Member Coffey stated she received an email from Mr. Buchanan and a phone call from • the Yakima Herald- Republic reporter. Mr. Cutter asked if she made any decisions based on the email and whether it affected her decision. Ms. Coffey stated it did not. Mr. Cutter asked if the discussion with the reporter changed her decision in any way. Ms. Coffey stated it did not and added that she watched the hearing, which was part of the record. Council Member Bristol noted she also spoke with the Yakima Herald- Republic reporter, and it did not affect her decision. Mr. Cutter asked Council if they had made a pre- determination on this issue with respect to the article in the Yakima Herald- Republic. Council unanimously responded no. Page 4 of 13 • • 391 Community Development Director Osguthorpe noted this is a requested vacation of property and the Hearing Examiner recommended denial of the application. Mark Fickes, Partner in Halverson Law, spoke on behalf of the applicant, Hops Extract and made the following comments (paraphrased): This is a relatively standard petition, which was reviewed by the City's design team, and the staff report recommended approval. The only thing unusual in this case is the person who opposed the vacation -- former Mayor Lynn Buchanan and his friends and family. I am disappointed in the Hearing Examiner's recommendation. The Council has three options: reject the Hearing Examiner's denial and approve the vacation, remand this issue back to the Hearing•Examiner for further review, or accept the Hearing Examiner's recommendation. I hope the Council members have an open mind and are doing their job in reviewing the record, which is a quasi - judicial procedural issue. I am disappointed to read the article in the Yakima Herald- Republic stating this request would likely be denied by Council, since it is similar to the one from Roche Fruit a year- and -a -half ago. I believe the only difference between the two • requests is that only a few people opposed the Roche Fruit request, whereas former Mayor Lynn Buchanan is now opposing Hops Extract's request. Several Council members and the City Manager have openly questioned why the City is giving away the property at half its value. The answer is simple; it is because Council chose to accept one -half of the appraised value in a 2007 . resolution. Therefore, they couldn't pay more for the property if they wanted to. Council chose to do this for economic development purposes. (Mr. Fickes read the agenda statement from the 2007 council agenda then continued his comments). If the current request isn't approved, my client will need to look at other locations to meet long term needs as Yakima is competing with Union Gap, Sunnyside, and Moxee, which are closer to the agriculture base than Yakima. My clients would prefer to stay, but their decision will require a balancing of interest. The Hearing Examiner was fixated on public benefit, and there is benefit in a street vacation petition when the vacated property is put back on the tax rolls, increasing employment by providing safety and efficiency to their operation. This street was closed for six months in 2011 after an explosion at the facility: traffic functioned fine. The Buchanan Warehouse will lose one access point; however, there is plenty of public benefit. (Mr. Fickes again noted the comparisons to the Roche Fruit request, which was approved two years ago, then continued his comments.) This boils down to opposition. Michelson Packaging says they use the road and it's convenient but there are alternative roads available. Mr. Buchanan has the same argument. He believes the Hearing Examiner was wrong. If someone opposes the request, it doesn't mean the Hearing Examiner • has to say no. Mr. Buchanan is worried about visibility and trucks using North Second Avenue to back into his warehouse. They are willing to set a non - obscuring fence back 140 feet; however, most of the trucks backing into Buchanan Warehouse use "D" Street. Mr. Buchanan believes the City staff report is sufficient and asks that the Hearing Examiner's decision be rejected. He noted Council Member Bristol referred to a request regarding security measures and stated Hops Extract has never received a formal request from the City about security measures. The answer is this vacation request. Gating the street is the most efficient and cost effective way to secure the Hops Extract facility; customers audit their facilities and need to see a secure area. Dave Dunham, General Manager of Hops Extract, spoke on behalf of their request and made the following comments (paraphrased): I was born and raised in Yakima and have been employed for 16 years by Hops Extract, a wholly owned subsidiary of S.S. Steiner, which has been in business for 170 years. The primary business of Hops Extract is producing concentrated hop resins, which are harvested for brewers worldwide. We have a 24- hour -a -day 7- day -a -week schedule and a good track record of economic growth and development. The vacation of North Second Avenue is very important to us as we have cold storage warehousing on both sides of the street and recently purchased the Washington Fruit building on the west side. We, have been dealing with increased security and safety concerns and the guidelines for security are specific. The simple solution, which is the most effective and least expensive; is to install fencing and minimize the number of entrances to non - public areas. I believe we are at a competitive disadvantage with a street running through our property. Without the street vacation, we will consider moving to a centralized area. I feel the use of North Second Avenue for trucks backing into Buchanan's Warehouse are exaggerated as I have not witnessed that in the 16 years I have worked there. Page 5of13 392 Bill Hordan, City resident, stated he prepared and submitted the application on behalf of Hops Extract and made the following comments (paraphrased): As industrial uses continue to grow in this area, known as Fruit Row, there has been a need for Hops Extract to expand; unfortunately, there is little room to grow. Many of the businesses in the area have had to acquire adjoihing properties until they owned an entire block, which can make the facilities become disjointed and no longer contiguous to themselves. This makes it difficult to operate because safety, security and efficiency become an issue. This right -of -way vacation can close this gap by creating one • large industrial operation that can be adequately secured and efficiently run. This request is being made for the same reasons that Roche Fruit and Washington Fruit requested right -of -ways and is consistent with their two right -of -way vacation applications, which were ultimately approved. It is important to keep the industrial base downtown and do what is necessary to accommodate their needs and protect their investment. This vacation is a pro- economic development tool to encourage growth and retain existing business. Some of this is generated by the Food Modernization Act being pushed by the Federal Government to ensure food is not intentionally contaminated. Food purchasers express the importance of safety and security concerns when they inspect the business operations; this is a trend that will continue. Right -of- way vacations provide the opportunity for the businesses to expand and keep this area viable for industrial users; they also keep the employees safe from persons and vehicles traveling through the middle of their work place. The City has approved vacations for these reasons in this area in the past, and should continue. The City staff was correct when they recommended approval of this project and encouraged Council to do the same. Tyler Hinckley, partner at Montoya Hinckley, spoke on behalf of Lynn Buchanan of Buchanan Warehouse, Ltd. and 115 Trust in opposition of the vacation and made the following comments (paraphrased): This case is extremely important to Buchanan Warehouse and Michelson Packaging, one of the biggest companies in this City. The first and foremost criteria to be met with this application is public benefit. This proposed vacation provides zero public benefit. It is purely to benefit a private company. It has long been required by law in the State of Washington that "the order of vacation must have within it some element of public use." This requested vacation is solely for a private purpose, but being the least expensive and most effective option for Hops Extract does not make it the best option for the citizens of Yakima. The purported public benefits that Hops Extract has claimed in its application - -to connect disjointed properties to create a large contiguous property and to expand and protect industrial development in the area- - provides no public benefit. This idea of compliance with the Food Safety Modernization Act is misleading. There is no regulation that requires Hops Extract to fence off North Second Avenue, no regulation or proposed rule or otherwise that would require them to fence off their entire operation. The guidelines on the FDA's website, state they are proposed guidelines and are non- binding recommendations. As an alternative to fencing the property, the FDA states an organization can add a security guard, screen the entrances, hire additional surveillance, conduct security checks, and install security cameras. Another benefit purported by Hops Extract is the protection of food grade products, or food safety. There is nothing in the record and nothing in the application that says that the product currently being processed at Hops Extract is • not safe. There is nothing in the record that says there's been any evidence of tampering with their product. Today is the first time we've heard that the inability to expand might quell their hiring of additional employees, but that is not part of the record. It wasn't presented to the Hearing Examiner and should be ignored. The other purported benefit, added after the hearing, was the additional tax revenue. Under that rationale, anytime there is a public right -of -way vacated and placed into private hands, there is an increase in property tax revenue. That, in and of itself, is not sufficient to justify vacation of a public right -of -way and is not consistent with the five criteria set forth by the City, and it is not consistent with state law. Hops Extract has indicated the benefits that allowed the Roche application to carry through were improved public safety and increased production, but the main reason that it passed was probably that there was no substantial opposition. You see the same language in both applications; just because it wasn't strenuously objected to in Roche doesn't mean that is a sufficient reason for finding public benefit. The record shows that if North Second Avenue is vacated, the owners of Buchanan Warehouse expect to lose scale traffic and may be forced to shut down scale operations. If that Page 6 of 13 393 is the case, there will be no more commercial scales in the City. Trucks will be required to drive to Union Gap on City streets and weigh to make sure they are within the legal limits, causing potential public detriment to City streets. There are only two out of the five criteria that are at issue here. Petitions should be consistent with the Six -year Transportation Improvement Plan (TIP) and the Urban Area Comprehensive Plan. Just because the Six -year TIP doesn't have planned improvement for North Second Avenue doesn't mean vacating it is consistent with the plan as the plan assumes North Second Avenue will be there. Additionally, in the record is a letter from Mr. Corbin, of Continuous Gutter and Roofing, who says the only way to get a semi - truck close to the warehouse is to back onto the property via North Second Avenue. There is no other record evidence that says it is not proper or that trucks don't back from North Second Avenue onto Buchanan Warehouse property. Therefore, the comments made by Counsel and Mr. Dunham today were not part of the record and should be ignored. Mr. Wilkes, owner of Carpet Pro's, is in the record as saying he cannot reasonably access Buchanan Warehouse without backing from North Second Avenue onto the Buchanan Warehouse property. Furthermore, if the street is vacated, along the South edge of "D" Street, regardless of how far Hops Extract sets back a fence on North Second Avenue, anybody who travels onto Hops Extract property without permission is trespassing. Mr. Buchanan's clients would be trespassing even with a 100 foot setback, as there is no easement granted to Buchanan Warehouse to use North Second Avenue. Council should follow the recommendation of the Hearing Examiner and deny the petition to vacate North Second Avenue. Lynn Buchanan, City resident, spoke in opposition of the street vacation. He made the following comments (paraphrased): There was an 11 -month closure of North Second Avenue because of the explosion at Hops Extract; however, it wasn't really closed as there were trucks going back and forth. The City spent the taxpayers' money to get a 26 -page report from the Hearing Examiner, and is now conducting its own hearing instead of listening to the person hired. Streets are a circulatory system of a city and are the arteries and the veins that keep a city alive. If you cut off enough streets in a city it will die as people will only go where they can travel freely. Taxpayers have been paying for North Second Avenue for 128 years. It started out as a dirt road, going through the sage brush from Yakima Avenue to the north edge of "D" Street. Then it went to a gravel road, then a narrow concrete street in the '40s and '50s and finally to the wide street we have today. The businesses fronting on North Second Avenue used it as access for Fire, Police and other emergency vehicles. I have two sets of pictures of Hops Extract when they have had a major fire; both show North Second Avenue was wide open and the emergency vehicles filled it up, spilling onto "D" Street. If the street is removed from public domain, there will not be room for those vehicles, especially if a fence is there. It will not protect the life and safety aspects of Hops Extract, nor will it protect the life and safety of the businesses that surround that area. Closing this block of North Second Avenue will close one -third of the access points to his business and will also set a precedent for closing North First Avenue and "D" Street, as there are several businesses that own property on both sides of those streets. The City is spending over $40 million on two underpasses because the trains will close "D" Street and other City streets eight hours a day. That is another access to his business. If his scale business drops anymore it will be shut down, which will leave one commercial scale in Union Gap. Review item nine in your packet and see what happens when overloaded trucks use city streets. Go back to some of the pictures submitted in the hearing and see who was pumping out overloaded trucks. Hops Extract trucks frequently weigh in over the 105,000 -pound limit. / • Mayor Cawley stated they have heard from the petitioner and the opposition and opened the closed record public hearing to the public. With no one coming forward, Mayor Cawley closed the hearing. Council Member Bristol asked if the Food Safety Modernization Act is a requirement or a recommendation. Mr. Dunham stated it is a recommendation. City Attorney Cutter stated Council can ask questions as long as they were reflected in the record. • Council Member Bristol asked Mr. Fickes about his memorandum on the argument with public benefit, where he stated the burden is on the challenging party to demonstrate there is a Page 7of13 • 394 complete lack of public benefit. Mr. Fickes stated (paraphrased): There is very little case law and what little there is indicates there has to be a public benefit; Mr. Fickes disagrees with Mr. Hinckley's interpretation, and thinks if this Council decided to approve the street vacation petition, there is ample public benefit. Council Member Bristol asked if Mr. Fickes is asking them to interpret the public benefit as being the improved food quality, security at the private facility and the increased property tax that the City would receive. Mr. Fickes said yes, but clarified that he is not saying it is Council's job to determine if it is sufficient. He indicated putting the property back on the tax rolls and not having to maintain it was a sufficient public benefit in another case, which is in the record. Mayor Cawley noted City staff is recommending approval and the Hearing Examiner is recommending denial, so this will be a tough decision to make. Council Member Ettl stated the legislative body still has to follow the rules and the guidelines regardless of whether a vacation is opposed vigorously or not. Assistant Senior Attorney Kunkler noted the Hearing Examiner's recommendation referred to a number of prior decisions he had rendered in the area of street vacations which were referred to by case number, some of which were upheld and some of which were denied, so the reference is probably to one of those case numbers where the vacation was granted. City Attorney Cutter added his interpretation: while the Hearing Examiner referenced a number of cases in his decision, if he didn't speak to elements of those cases, then the attorney's view of what those elements might have been would be speculative and not part of the record. Mayor Cawley noted they need to render a decision to either accept the Hearing Examiner's recommendation, to deny it, or to remand it and ask him to bring it back to us. City Attorney Cutter stated that for a remand Council would need to identify specifically what element of the issue they wanted further information on. Council Member Coffey stated she was feeling a little conflicted as Mr. Buchanan was her brother -in -law at one time and she thought maybe she should not be involved in this. Mayor Cawley asked if she thought it was affecting her ability to make a fair decision. Council Member Coffey stated no. City Attorney Cutter stated that answers the question. Assistant Mayor Adkison indicated concern that Council is not being consistent as they were with Roche Fruit and Washington Fruit. Ettl moved and Adkison seconded to reject the Hearing Examiners decision and accept the petition to vacate. Council Member Bristol stated she will be voting no and believes they should move forward with the Hearing Examiner's decision and doesn't think the threshold for public benefit has been met. Council Member Lover stated this isn't black and white; however, the safety and efficiency hit him and he understands that. He thinks it is a benefit, and most important to him is the economic growth. • Council Member Coffey stated she will be voting against the Hearing Examiner's decision as she thinks there is enough public benefit which will warrant the vacation, especially in looking at Roche Fruit and Washington Fruit. City Attorney Cutter stated there are several requirements that must be met on a vacation and the property right transfer will happen once the compensation and steps have been met. Motion: Other, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Carried 4 -3. Council Members voting Aye: Adkison, Coffey, Ettl, Lover. Council Members voting Nay: Bristol, Cawley, Ensey. CITY MANAGER'S REPORTS Page 8 of 13 .395 8. Resolution approving Amended Agreement with The Watershed Company for professional services relating to Shoreline Master program update and support services Council Member Lover asked why the City needs this agreement. Community Development Director Osguthorpe responded this is a state mandate, which is funded partially by the state. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -055, A RESOLUTION pertaining to Shoreline Master Program; authorizing the City manager to execute an amended agreement between The Watershed Company and City of Yakima for professional services for update of Shoreline Master Program Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Adopted 6 -1. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl. Council Members voting Nay: Lover. 9. Action Plan for North 1st Street Community Development Director Osguthorpe briefed Council on the plan. After Council discussion, Bristol moved and Ensey seconded to remand this issue to the Council Built Environment Committee. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 10. Consideration of Commercial Vehicle Education Program Proposal Chief Rizzi introduced Sgt. Seeley who briefed Council on the program. After Council discussion, Cawley moved Coffey seconded to approve the program. Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Kathy Coffey. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 11. Resolution amending contract with the Humane Society of Central Washington Codes Manager /Fire Marshal Caruso briefed Council on the issue. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -056, A RESOLUTION authorizing the City manager to execute Amendment No. 1 to Animal Control Agreement with Humane Society of Central Washington Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 12. Resolution authorizing agreement with Huibregtse, Louman Associates for engineering services at the Yakima Airport Interim Airport Manager Peterson briefed Council on the contract. Mike Battle of Huibregtse Louman and Associates reminded Council this contract will allow them to start the project; however, the FAA is still working on the final design standards. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -057, A RESOLUTION authorizing the City Manager to execute an Engineering Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed $181,200.00 for Engineering Services for Alpha Taxiway Rehabilitation Page 9 of 13 396 Construction Project AIP 3 -53- 0089 -33 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 13. Resolution authorizing an agreement with the Washington State Recreation and Conservation Office for a grant of $209,620 for improvements related to Phase 2 of the Riparian Zone Outfall Alternatives at the City's Wastewater Treatment Plant Utility Director Debbie Cook introduced Utility Engineer Ryan Anderson who briefed Council on the issue. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -058, A RESOLUTION authorizing the City Manager to execute an Agreement with the Washington State Recreation and Conservation Office and City of Yakima for a grant of $209,620 for improvements related to Phase 2 of Riparian Zone Outfall Alternatives at the City's Wastewater Treatment Plant Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. • 14. Resolution authorizing acquisition of conservation easement along a portion of Cowiche Creek for watershed protection, authorizing expenditure of up to $70,000 in water enterprise funds for such acquisition, and authorizing the City Manager to negotiate and execute all documents necessary and appropriate to accomplish such acquisition Assistant City Attorney Kunkler briefed Council on the issue. The City Clerk read the resolution by title. RESOLUTION NO. R- 2013 -059, A RESOLUTION authorizing acquisition of conservation easement along portion of Cowiche Creek for watershed protection, authorizing expenditure of up to $70,000 in water enterprise funds for such.acquisition, and authorizing the City Manager to negotiate and execute all documents necessary and appropriate to accomplish such acquisition Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Adopted 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. ORDINANCES 15. Ordinance authorizing the issuance and sale of a Limited Tax General Obligation Bond of the City in the principal amount of not to exceed $5,000,000 for the purpose of financing costs of street improvements in the City; providing the form of the bond; and authorizing the sale of the bond to U.S. Bank National Association Finance and Budget Director Epperson briefed Council on the item and introduced Deana Gregory from Pacifica Law Group who discussed the issue in more depth. Council Member Coffey stated she is not comfortable using general funds to support a bond. The City Clerk read the ordinance by title. ORDINANCE NO. 2013 -017, AN ORDINANCE of the City Council of the City of Yakima, Washington, authorizing the issuance and sale of a Limited Tax General Obligation Bond of the City in the principal amount of Not to Exceed $5,000,000 for the purpose of financing costs of street improvements in the City; providing the form of the bond; and authorizing the sale of the bond to U.S. Bank National Association Page 10 of 13 39.7 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Passed 6 -1. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members voting Nay: Coffey. 16. 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 May 21, 2013). An Ordinance amending the 2013 budget and appropriating funds, was read by title only, and laid on the table until May 21, 2013 for a second reading. The City Clerk read the ordinance by title. 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 to provide for 2 additional animal control officers; an additional Police Sergeant for the School Resource Officer program; additional costs to reconfigure the Franklin Park parking lot; and participation with Cowiche Canyon Conservancy to purchase undeveloped property for water quality purposes 17. Ordinance amending section 9.70.190 of the Yakima Municipal Code regarding Special Events & Parades City Manager O'Rourke explained the changes to the ordinance, which would help recover some of the costs of police security, traffic control and clean -up. Council Member Ettl stated he has checked with other cities, some of which have a 100% cost recovery. Brian Canfield, City resident, stated he is speaking on behalf of the Sunfair parade, which is already expensive and any other fees would be detrimental to the event. John Cooper, CEO of the Visitor Center, speaking on behalf of the Sports Commission, stated they are a downtown partner and sponsor one of the biggest events in Yakima, the Hot Shot Tournament, which is in their 11th year and brings over 10,000 people to the community. When groups are classified in different areas, they should all be held to the same standards. Heidi Anderson, with Children's Wishes and Dreams, stated they are 100% volunteer operated, have never had an incident of any kind, and provide a certificate of insurance. Since 2005 they have granted 137 wishes and if they had to provide funding there would be less wishes granted. Joe Mann, City resident, has worked on parades for 15 years and is currently the president of the lighted Christmas parade. He agrees with ranking of categories; however, most parades are a • community celebration. • TJ Davis, City resident, owner of Shorty's, stated if they are put into category B, they would be looking at roughly $3,500, which their budget wouldn't allow for. They are attempting to obtain some sponsors and wondered if there were any alternatives such as using police cadets or reserve officers. They are hoping to combine their event with others and have an annual kick -off celebration. He noted some of the draft ordinances are based on the West side where they have a larger community base to draw from. Linda Davis, City resident, owner of Shorty's, stated their event will help promote and bring people downtown on a weekend, when it isn't busy. Council Member Coffey stated she didn't think they were ready to approve this ordinance and is uncomfortable with the ambiguity. Mayor Cawley feels this would provide more clarity. City Manager O'Rourke explained the draft provided lists definitions for each category that were self Page 11of13 398 explanatory. The City Clerk read the ordinance by title. Bristol moved and Coffey seconded to send this issue to the Council Economic Development Committee to be considered in conjunction with the Downtown Plan. 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: Other, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 18. Ordinance amending Section 9.25.020 of the Yakima Municipal Code regarding designation of permissible open cruising events on Yakima Avenue Economic Development Manager Hawkins explained the changes to the ordinance. Mayor Cawley noted Javier Gonzalez put in a note requesting a cruise application for July 20. Council Member Bristol stated the City banned cruising several years ago after a shooting. She recently spoke with Captain Copeland who confirmed the shooting did not involve participants and people can't live in fear of what might happen. Mayor Cawley noted this should reflect the increase in police overtime budget for this event. • The City Clerk read the ordinance by title. Bristol moved and Adkison seconded to amend the ordinance to include the Locos Car club cruise on July 20. Motion to amend carried 7 -0 by unanimous roll call vote. ORDINANCE NO. 2013 -018, AN ORDINANCE relating to traffic control and open cruising; amending Section 9.25.020 of the Yakima Municipal Code regarding designation of permissible open cruising events on Yakima Avenue Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Passed 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 19. Other Business A. Citizen survey questions and options City Manager O'Rourke noted the two questions on the agenda item for the citizen survey. Council Member Lover asked if they need to pay for the extras. Council Member Bristol said she doesn't like to spend the money either, but thinks they should have one for comparison to the previous year's survey. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6 -1. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ehsey, Ettl. Council Members voting Nay: Lover. *Council Member Ensey stated the City decided earlier not to accept Comprehensive Plan amendments. He feels they made a mistake and didn't do this in a transparent manner. In the past, the City consistently accepted amendments and there was no public notification that the City wouldn't be accepting them. Council Member Coffey asked if there were people who would be filing amendments. Council Member Ensey replied no one filed amendments because they were waiting for the City to open up the process. City Manager O'Rourke stated they are not opposed to opening the process, but they should Page 12 of 13 399 determine what volume of work they are looking at given the current workload. If there are a • dozen, it may require a re- prioritization to staff. Staff will research and bring back more information at the next Council meeting. Council Member Ettl asked if the City violated an ordinance by not opening up the process. City Attorney Cutter stated the City did not violate any ordinance. Ensey moved and Lover seconded to open up amendements to the Comprehensive Plan. Motion failed 4 to 3 with Ettl, Bristol, Cawley and Coffey voting no. Coffey moved and Ettl seconded to direct staff to report back at the next meeting any interest by the developers to open the Comprehensive Plan process. Motion: Other, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. *Council Member Coffey stated she received a call from a citizen regarding Miller Park and a curfew ordinance and she would like more information. City Manager O'Rourke noted the City Attorney's office will see what is legally allowable and report back to Council. Council Member Lover stated this should go before the Council Public Safety Committee. *Mayor Cawley stated any time a citizen complains and states names and addresses, it is wrong and he will do his best to enforce that this doesn't happen and be respectful of staff and citizens. 20. Adjournment The meeting adjourned at 10:17 p.m. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. CERTIFICATION READ AND CERTIFIED ACCURATE BY c '` (4- ( 3 OUNCIL MEMBER DATE' 94:-.3/C • X 111 \ COUNCIL MEMBER . DATE ATTEST: 02611 . :op ,h7 * ` • CI�'�(., LERK. .ac's 'AYOR d■\� Page 13 of 13