HomeMy WebLinkAbout05/21/2013 Business Meeting 400
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YAKIMA CITY COUNCIL
May 21, 2013
City Hall -- Council Chambers
6 p.m. Business Meeting; 7 p.m. Public Hearings
MINUTES
EJ . Back Print
BUSINESS MEETING
1. Roll Cali
Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members
Sara Bristol, Kathy Coffey, Rick Ensey and Bill Lover
Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee
Absent: Council Member Dave Ettl (excused)
2. Pledge of Allegiance
Mayor Cawley led the Pledge of Allegiance.
3. Open Discussions for the Good of the Order
A. Presentations /recognitions /introductions
i. Recognize volunteers Pat Huwe and Will Hollingberry with Single Track Alliance of
Yakima (STAY), a non - profit group of mountain bike users and outdoor enthusiasts
who have constructed several miles of hiking and biking trails on both public and
private lands near Cowiche Mountain.
Parks and Recreation Manager Wilkinson introduced Pat Huwe and Will Hollingberry. Mayor
Cawley thanked them for their service with Single Track Alliance of Yakima and for all they have
accomplished and presented them with a City Apple Award.
ii. Recognition of Stanton Academy Student Thomas Ayala for Safely Extinguishing a
Classroom Fire.
Deputy Fire Chief Stewart introduced Officer Henyon who brought a Stanton Academy student to
the Fire Department's attention. Officer Henyon played a video for Council of Stanton Academy
student Thomas Ayala calmly putting out a fire in a class room. Mayor Cawley presented Mr.
Ayala with a City Apple Award and thanked him for his heroism.
iii. Recognition of employee James Scott for significant contributions to the City as the
City's Code Compliance Officer for the Refuse Division in his key role in the North
First Street Clean Up effort.
Public Works Director Waarvick introduced City employee Apple Award winner James Scott from
the Refuse Division. Mr. Scott talked about the huge City -wide effort on the clean up in Yakima
and thanked other divisions. Mayor Cawley presented him with a City Apple Award.
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4. Council Reports •
i. Built Environment Committee Minutes of March 21, 2013 and April 18, 2013.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor
Maureen Adkison. Approved 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley,
Coffey, Ensey, Lover. Council Members Absent: Ettl.
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. Item J was removed
. from the Council agenda. 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.)
Item removed from the Council agenda. Set date of June 4, 2013 for a public hearing
regarding the Yakima Planning Commission's recommendation to amend YMC 15.09 related to
retaining walls.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara
• Bristol. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey,
Lover. Council Members Absent: Ettl.
A. Annual Report of the Yakima Fire Department.
B. 1st Quarter 2013 Accounts Receivable Status Report.
C. 2013 - 1st Quarter Treasury Report.
D. 2013 1st Quarter Capital Improvement Projects Report.
E. Final Contract Payment for Shannon Industrial Contractors, Inc. - City's Wastewater
Treatment Plant Boiler Replacement (Standard Motion V -B- Accept the Project and Approve
the Final Payment).
F. Final Contract Payment for Stephens and Son's Construction, Inc. - Project PC2212 -
Kiwanis Park Ballfields Phase 3 (Standard Motion V -B- Accept the project and approve the
final payment).
- G. Set date of public hearing on June 18, 2013 to receive public input relating to citizen
demand for enhanced regulation of panhandlers within the City of Yakima.
H. Set date of June 18, 2013 as the date for a closed record public hearing on the vacation of
Cook Street.
I. Set date of June 18, 2013 as the date for a closed record public hearing on the vacation of
a portion of N. 27th Avenue and a portion of right -of -way south of Lot 11 of Wachsmith
Subdivision.
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J. Resolution setting June 13, 2013 as the date for an open record public hearing before the
hearing examiner to vacate an unnamed portion of public right -of -way.
RESOLUTION NO. R- 2013 -060, A RESOLUTION fixing time for a public hearing before the
Hearing Examiner on June 13, 2013, on a petition to vacate an unnamed portion of public right -
of -way.
K. Resolution to set the dates of June 4, 2013 and June 18, 2013 to consider: A) Adoption of
the Six -year Transportation Improvement Program for the years 2014 to 2019 and amend
the Metropolitan Transportation Plan; and B) Amend the Yakima Urban Area
Comprehensive Plan Capital Facilities Element.
RESOLUTION NO. R- 2013 -061, A RESOLUTION setting the times and place for hearings on
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June 4, 2013 and June 18, 2013 in the City of Yakima Council Chambers to review and adopt
the Six -year Transportation Improvement Program and amend the Capital Facilities Element of
the Yakima Urban Area Comprehensive Plan for the period of 2014 to 2019.
L. Resolution authorizing agreement with Huibregtse, Louman Associates for engineering
services at the Yakima Airport.
RESOLUTION NO. R- 2013 -062, A RESOLUTION authorizing the City Manager to execute an
Engineering Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in the amount
not to exceed $99,484 to provide Engineering Services for Terminal Apron Rehabilitation
Construction project AIP 3 -53- 0089 -35
M. Resolution authorizing agreement with Roland Resources for Professional Services with
the Yakima Air Terminal.
'RESOLUTION NO. R- 2013 -063, A RESOLUTION authorizing the City Manager to execute an
• , On -call Agreement for Professional Services with Roland Resources, Inc for Land Acquisition not
to exceed $23,500.
N. Resolution authorizing execution of Operating Agreement between the City of Yakima and
Yakima Valley Trolleys (YVT).
RESOLUTION NO. R- 2013 -064, A RESOLUTION authorizing and directing the City Manager of
the City of Yakima to execute an Operation License Agreement between the City of Yakima and
the Yakima Valley Trolleys to operate and maintain the City's electrical railway system and
museum.
O. Second 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.
ORDINANCE NO. 2013 -019, 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.
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6. Audience Participation
Maria Rodriguez, City resident, spoke on behalf of the Hispanic Chamber of Commerce and the
Cinco de Mayo cultural festival, which was recently held downtown. She stated it was a very
successful event with people attending from all areas. She thanked Parks and Recreation,
Police, Fire and all the volunteers for their assistance with the event. She asked why their event
was not mentioned in the City's Issues Brief. Mayor Cawley noted the Issues Brief is about City
sponsored events, but this could be added.
Lynn Buchanan, City resident, stated he is receiving a lot of questions from people about the 2nd
Avenue street vacation and is bringing their questions to Council.
Rebecca Pace, City resident, and manager of Meadow Brook Estates, asked for the City's help
with pruning trees at the end of Nob Hill Blvd. between S. 79th and 80th Avenues. Mayor
Cawley responded that the City Manager will look into it.
Candie Turner, City resident, asked when the public hearing on the panhandler issue would
occur. City Manager O'Rourke noted the hearing is set for June 18th at 7 p.m. in the Council
Chambers.
• Bill Duerr, City resident, stated he feels the City is lacking in parking enforcement and believes
the City should hire another officer.
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PUBLIC HEARINGS
7. Public Hearing, and consideration of a Resolution adopting findings of fact in support of
moratorium regarding Billboards and Digital Signs.
Senior Assistant City Attorney Mark Kunkler briefed Council on the moratorium.
Mayor Cawley opened the public hearing.
Robert Lagroan, from Eugene, Oregon, with CBS Outdoor, stated he is glad to see this issue
brought up and noted one of the biggest concerns municipalities have is monitoring the
brightness of digital signs. He stated he or his company would be happy to have input on the
new regulations and answer any questions.
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James Carpentier, from out -of- state, with International Sign Association, stated he doesn't
believe moratoriums are a good idea in general as it has the effect of favoring businesses that
already have billboards or other signs. He requested they remove the 72 -foot limitation and
agreed the City needs brightness limits in our codes. He stated he would also be happy to work
with staff on the new regulations and distributed a study from Texas on the Statistical Analysis of
the Relationship between On- Premise Digital Signage and Traffic Safety.
Neil Schreibeis, from Spokane, Wa, with Lamar Advertising, believes the City's current ordinance
is very good and restrictive. Although it does need to be tweaked with respect to electronic
billboards and he would be happy to help with the new codes.
Charles Noel, City resident, stated the brilliance of signs are concerning and distracting to
drivers.
Community Development Manager Steve Osguthorpe distributed a letter from Peter Grover of
Metro Outdoor regarding the moratorium.
Mayor Cawley closed the public hearing.
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 -065, A RESOLUTION adopting Findings of Fact supporting a six-
month moratorium, enacted April 2, 2013 pursuant to emergency Ordinance No. 2013 -13,
adopting an immediate moratorium on the acceptance of applications for the installation,
erection, construction, replacement, modification, or improvement of static billboards and digital
billboards using changing electronic, digital, or changeable message copy, in all zoning districts
• within the City of Yakima; and authorizing the City Manager to study and develop appropriate
comprehensive land use, licensing or registration regulations addressing such issues for
consideration by the City Council.
Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy
Coffey. Adopted 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey,
Lover. Council Members Absent: Ettl.
8. Public Hearing, and consideration of a Resolution adopting findings of fact in support of
moratorium regarding telecommunications towers and facilities.
Senior Assistant City Attorney Kunkler briefed Council on the moratorium.
Mayor Cawley opened the public hearing.
Ken Lyons from Lake Forest Park, WA and with Bush Law Firm, spoke against the moratorium
and stated he was pleased to see the recent changes to federal law were incorporated in the
ordinance. Their company has many cellular customers in the City of Yakima, which are critically
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important to their business.
Leslie Wahl, City resident, read a statement in support of the moratorium as Director of
the Barge Chestnut Neighborhood Association Board and reflecting the opinion of that board.
Their Association originally came to Council requesting postponement of cell tower permits until
a more complete, definitive ordinance could be written that would more accurately reflect the
values held by the community at large. They are also concerned that without appropriate
development standards, other residential areas will be threatened by similar incompatible
construction.
Mike Davison, City resident, spoke in support of the moratorium and urged the City to prepare
the strongest ordinance to protect the citizens.
Bill Duerr, City resident, spoke on behalf of Barge Chestnut Neighborhood Association and in
support of the moratorium.
Charles Noel, City resident, suggested the City engineers look at Yakima as if they were putting
in a sprinkler system and map out a grid.
Mayor Cawley noted Council received a letter of support for the moratorium from Nancy
Ken motsu.
Mayor Cawley closed the public hearing.
After Council discussion,
Bristol moved and Coffey seconded to pass the ordinance.
Lover moved Ensey seconded to amend the moratorium from 6 months to 3 months.
Motion failed 4 -2 with Lover and Ensey voting yes (Ettl absent).
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 -066, A RESOLUTION adopting Findings of Fact supporting a six -
month moratorium, enacted April 2, 2013 pursuant to emergency Ordinance No. 2013 -14,
prohibiting the filing and acceptance of development applications for, the installation of, and
issuance of permits and approvals for, telecommunication towers, cell towers, communication
towers, and facilities related to such uses, within the City of Yakima; and authorizing the City
Manager to study and develop appropriate comprehensive land use, licensing or registration
regulations addressing such issues for consideration by the City Council.
Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy
Coffey. Adopted 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey,
Lover. Council Members Absent: Ettl.
CITY MANAGER'S REPORTS
9. Proposed expansion of police assigned vehicle program.
City Manager O'Rourke briefed Council on the proposed expansion of the assigned police
vehicle program. He noted the citizen survey and public safety is one of the Council's foremost
strategic priorities, which this will help address. The initial benefits are an enhanced police
presence in the community, crime deterrence, improved police response times, community
relations, supplement on -duty police force, reduced vehicle unit cost, enhanced police
productivity and greater police morale.
Council Member Coffey asked if the YPPA will come back after a few years and try to recapture
the zero percent increase related to the take -home vehicles.
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Officer Tony Patlan, President of YPPA, stated the proposed plan is a win -win for everyone. The
Union is giving up two years of increases and will not demand it back as they are not trying to
soak the City.
Charles Noel, City resident, spoke against the proposal.
Bill Duerr, City resident, spoke in support of the proposal.
After Council discussion,
Cawley moved Bristol seconded to direct staff to bring back legislation to implement the
program.
Motion: Approve w/ Conditions, Moved by Mayor Micah Cawley, Seconded by Council Member
Sara Bristol. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey,
Ensey, Lover. Council Members Absent: Ettl.
10. Response to City Council's request from the May 7, 2013 meeting for a report regarding
comprehensive plan amendments.
Community Development Director Osguthorpe briefed Council on the issue and noted the next
required Comprehensive Plan Amendment is due in 2017. He contacted various individuals,
including Tom Durant, who spoke at a previous Council meeting, but could not find anyone with a
proposed amendment. He encouraged anyone with questions about the process to contact him.
City Manager O'Rourke noted if the Council would like staff to open the process, then something
else will need to be taken off the list in order to accomplish it.
Ben Shovel, who lives outside the City limits, apologized for being overzealous about this issue
and stated he should have handled it differently. He believes the City should open the process
as it is an important source of economic activity. He also stated there are individuals who have
comp plan updates but will not come forward as they are afraid of retaliation. Mayor Cawley
asked for anyone afraid of retaliation to please contact him directly.
After Council discussion,
Ensey moved and Lover seconded to open the Comprehensive Plan Amendment for 2013
Motion failed 3 -3 with Adkison, Bristol and Coffey voting no (Ettl absent).
Bristol moved and Coffey seconded to direct staff to amend the ordinance to clarify the
process we need to take in the future to begin or forgo the process.
Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Carried 4-
2. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey. Council Members voting Nay:
Ensey, Lover. Council Members Absent: Ettl.
11. 1st Quarter Financial Trend Monitoring System.
• Finance and Budget Director Epperson briefed Council on the issue. The report was accepted
by Council consensus.
Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover.
Council Members Absent: Ettl.
12. Resolution authorizing execution of a Revocable License Agreement with Single Track Alliance
of Yakima (STAY), a nonprofit corporation, for recreational trail development on City owned
property
Parks and Recreation Manager Wilkinson briefed Council on the agreement and distributed a
larger updated map.
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406 •
The City Clerk read the resolution by title.
RESOLUTION NO. R- 2013 -067, A RESOLUTION authorizing and directing the City Manager of
the City of Yakima to execute a Revocable License Agreement with Single Track Alliance of
Yakima (STAY) a nonprofit corporation, for recreational trail development on City owned
property.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor
Maureen Adkison. Adopted 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey,
Ensey, Lover. Council Members Absent: Ettl.
13. Other Business
A. Consideration of revising the policy for addressing the City Council in meetings.
City Manager O'Rourke explained issues with City employees are his jurisdiction and should not
be brought up at Council meetings, but referred to him. Council Member Ensey agreed and
added the he believes Council sometimes promotes bad behaviors when people come up to
speak who are looking for an argument. Council Member Coffey disagreed and thinks the record
should be set straight at the time.
Bill Duerr, City resident, stated he likes the policy and offered some editorial suggestions.
After Council discussion,
Ensey moved and Coffey seconded to adopt this policy.
Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6-
0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council
Members Absent: Ettl.
14. Adjournment
The meeting adjourned at 9:36 p.m. to the next Council Business meeting on June 4, 2013 at 6
p.m. in the Council Chambers.
Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen
Adkison. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey,
Lover. Council Members Absent: Ettl.
CERTIFICATION
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