HomeMy WebLinkAbout09/03/2013 Business Meeting 451
"
YAKIMA CITY COUNCIL
September 3, 2013
Council Chambers -- City Hall
6 p.m. City Council Meeting; 7 p.m. Public Hearing
MINUTES
J « Back Print
$ " 7 7 7 rrv't , ,;: .... �,..,,a ��c�w _ ���:.. `�� .., tip, �r ���a- ., .�>
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. National Truck Driver Appreciation Week
Mayor Cawley read a, „proclamation for National Truck Driver Week. Spencer Jacobsen accepted
the proclamation and invited CDL drivers to their barbecue event on September 19 from 11 a.m.
to 2 p.m. at the Gear Jammer.
B. Presentations /recognitions /introductions
Mayor Cawley recognized Jamie Davis and Susan Pelligan from Heritage University who are
attending the meeting'' for a Social Policy Class.
i. Water Treatment Plant Awarded Department of Health Top Ops Bronze Certificate
Dave Brown, Water and Irrigation Manager, described the award won by the Water Treatment
Plant and Jeff Bonds,, Water Treatment Plant Manager, accepted the award on behalf of the
crew.
ii. Recognition of Yakima Police Officers Mike Kryger (35 years of service), Gary Belles
(30 years of service) and Doug Robinson (25 years of service).
Chief Rizzi recognized Lt. Belles and Detective Robinson, who were unable to attend, on their
years of service. Additionally, he recognized Officer Kryger on his 35 years of service to the City
• of Yakima. Mayor Cawley presented Officer Kryger with a City Employee Apple Award for his
years of service. Officer Kryger stated it has been a pleasure to work for the City and accepted
the award.
iii. Recognition of retiring employee Marlene Adams for 20 years of service to the City of
Page 1 of 7
452
Yakima.
Human Resources Manager Cheryl Ann Mattia and Civil Service Examiner Debbie
Korevaar recognized Marlene Adams on her retirement after 20 years of service to the City of
Yakima.
4. Council Reports
None.
5. Consent Agenda
Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there
were any additions or deletions from Council members or citizens present. The following item
was removed from the agenda and postponed to a later date.
Resolution concerning Transit Services; submitting the City of Yakima Transit Development Plan
for 2013 -2018 and the Yakima Transit 2012 Annual Report for the City Council's consideration
and adoption.
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 Kathy Coffey, 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 May 5, May 21, June 4, June 18 and July 2, 2013
City Council Business meetings and June 11, 2013 Study Session.
The minutes of the May 7 (corrected from May 5), May 21, June 4, June 18 and July 2, 2013 City
Council Business meetings and June 11, 2013 Study Session 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 an Intergovernmental Cooperative Purchasing Agreement with
Snohomish County.
RESOLUTION NO. R- 2013 -116, A RESOLUTION authorizing the City Manager to execute an
Intergovernmental Cooperative Purchasing Agreement with Snohomish County.
C. Resolution authorizing agreement with Huibregtse, Louman Associates, Inc. for
engineering and consulting services associated with services during construction for the
Naches River Water Treatment Plant Filter Backwash Lagoon Improvements project No.
2259 in an amount not to exceed $400,352.
RESOLUTION NO. R- 2013 -117, A RESOLUTION authorizing the City Manager to execute the
attached and incorporated engineering and consulting services agreement with Huibregtse
Louman Associates, Inc. for engineering and consulting services associated with services during
construction for the Naches River Water Treatment Plant Filter Backwash Lagoon Improvements
project No. 2259.
D. Resolution declaring meter lids surplus and authorizing disposal of these items in a manner
most beneficial to the City of Yakima, by recycling them with Pacific Steel and Recycling
saving the City the cost of disposal.
RESOLUTION NO. R- 2013 -118, A RESOLUTION declaring cast iron water meter lids surplus to
the needs of the City of Yakima, and authorizing the City Manager to dispose of these items in a
manner most beneficial to the City of Yakima, by recycling them with Pacific Steel and Recycling
Page 2of7
453
saving the City the cost of disposal.
E. An Ordinance relating to Public Safety; amending the City of Yakima Municipal Code,
repealing sections in Chapter 6.12 for the purpose of adopting the equivalent and /or similar
Revised Code of Washington statutes; adopting Revised Code of Washington statute
relating to drinking in a public conveyance and treating, gifting, purchasing of liquor for or
from a minor, or holding out a minor as at least twenty -one, in a public place where liquor is
sold; and changing the title of Chapter 6.12.
ORDINANCE NO. 2013 -039, AN ORDINANCE relating to Public Safety; amending the City of
Yakima Municipal Code, repealing sections in Chapter 6.12 for the purpose of adopting the
equivalent and /or similar Revised Code of Washington statutes;- adopting Revised Code of
Washington statute relating to drinking in a public conveyance and treating, gifting, purchasing of
liquor for or from a minor, or holding out a minor as at least twenty -one, in a public place where
liquor is sold; and changing the title of Chapter 6.12.
6. Audience Participation
John Cooper, CEO of the Yakima Visitor and Convention Center, distributed a report from the
Yakima Valley Sports Commission on the 2013 Hotshots 3 -on -3 basketball tourney, which noted
an increase of 8.5% attendance from 2012.
Thomas McCormick, City resident, gave the Mayor a letter regarding saving Transit Route 8.
PUBLIC HEARINGS
7. Public Hearing to consider ordinance extending moratorium concerning wireless communication
facilities and adopting; findings of fact in support thereof.
City Attorney Mark Kunkler briefed Council on the requested moratorium.
Mayor Cawley opened the public hearing.
Bill Duerr and Walt Ranta, City residents, spoke on behalf of the Barge Chestnut Neighborhood
Association in favor of the extension and asking the extension be granted to December 31, 2013.
Mayor Cawley closed the public hearing.
The City Clerk read the ordinance by title.
Ensey moved and Adkison seconded to amend the ordinance and extend the moratorium
to December 31, 2013. The motion to amend carried unanimously.
ORDINANCE NO. 2013 -040, AN ORDINANCE of the City of Yakima renewing and extending
moratorium regarding; telecommunication and wireless communication facilities adopted April 2,
2013 pursuant to Ordinance No. 2013 -14, from October 1, 2013 through midnight of December
31, 2013, adopting findings of fact in support of such renewal and extension and affirming
moratorium through December 31, 2013.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor
Maureen Adkison. Passed 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey,
Ensey, Ettl, Lover.
CITY MANAGER'S REPORTS
8. Public Education Campaign to Stop Panhandling.
City Manager O'Rourke briefed Council on the public education campaign and giving meters.
Council Member Coffey requested budget information on the Public Service Announcement's,
which Community Relations Manager Beehler will provide at the next meeting.
Page 3 of 7
454
Candie Turner, City resident, asked why River Road and 40th Avenue wasn't listed as an
intersection to prohibit panhandling.
Council Member Ettl responded the City is utilizing information from Streets and Traffic on the
highest incidents of accidents at intersections and are targeting the top 15. Council Member
Coffey feels the cost of the giving meters outweighs the need.
After Council discussion,
Ensey moved and Adkison seconded to abandoned the giving meters until a more cost
effective solution is reached. The motion carried by unanimous roll call vote.
Coffey moved and Adkison seconded to continue with the PSA campaign. Council Member
Ettl asked to recuse himself as he makes budget decisions at his radio station regarding PSA
campaigns. This request was approved by Council consensus.
Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Assistant Mayor
Maureen Adkison. Carried 6 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey,
Ensey, Lover. Council Members voting Abstain: Ettl.
9. Reconsideration of Standards Regulating Retaining Walls.
City Manager O'Rourke briefed Council on the retaining wall issue and the actions taken at a
previous meeting. He noted after discussion, with some parties enduring adverse experiences,
that there is a distinction between ecology block walls and aesthetics.
Steve Campbell, City resident, thanked the City for working with them on this issue. He stated
several types of ecology blocks are not constructed for retaining wall purposes.
Council Member Ensey referenced the Planning Commission meetings, which he attends as the
Council liaison, and understood the Planning Commission and the Home Builders Association
were in agreement with City staff to ban ecology blocks.
After further Council discussion,
Ensey moved and Bristol seconded to disallow the use of ecology blocks for retaining
walls.
Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara
Bristol. Carried 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl,
Lover.
10. Resolution ratifying license agreement with Russillo's, Inc for Exclusive Right -of -Way Usage on
North Front Street.
Economic Development Manager Sean Hawkins briefed Council on the agreement.
Henry Herron, City resident, spoke against the agreement.
The City Clerk read the resolution by title. After further Council discussion,
RESOLUTION NO. R- 2013 -119, A RESOLUTION authorizing and ratifying City Manager's
execution of a license agreement between Russillo's Inc. and City of Yakima to allow Russillo's
to use a portion of the City's right of way to accommodate use of six (6) parking spaces
exclusively for parking of vehicles of Russillo's restaurant customers.
Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Sara
Bristol. Adopted 6 -1. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey,
Page 4 of 7
455
•
Lover. Council Members voting Nay: Ettl.
ORDINANCES
11. An ordinance concerning Parks and Playgrounds, amending Chapter 13.16 adding Section
13.16.075 prohibiting smoking and setting penalties; amending Section 13.16.150 penalties for
violation; concerning Special Events, amending Chapter 9.70 adding Section 9.70.295
prohibiting smoking and setting penalties; and amending Section 9.70.310 penalties for violation.
City Manager O'Rourke stated after a public hearing on August 20, 2013 and direction from
Council, an ordinance has been brought back for consideration regarding restrictions on smoking
in some areas and at events on City property consisting of more than 50 people.
Council Member Bristol stated she thought the intent of the ban was during special events and
perhaps near playgrounds.
The City Clerk read the ordinance by title.
Bristol moved and Adkison seconded to amend the ordinance to state within 25 feet of
playgrounds and strike the reference to Parks.
ORDINANCE NO. 2013 -041, AN ORDINANCE concerning Parks and Playgrounds, amending
Chapter 13.16 adding, Section 13.16.075 prohibiting smoking and setting penalties; amending
Section 13.16.150 penalties for violation; concerning Special Events, amending Chapter 9.70
adding Section 9.70.295 prohibiting smoking and setting penalties; and amending Section
9.70.310 penalties for violation.
Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor
Maureen Adkison. Passed 5 -2. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey,
Ettl. Council Members voting Nay: Ensey, Lover.
12. An ordinance relatingto Public Safety; amending Yakima Municipal Code Chapter 6.75; enacting
a new section 6.75.025 prohibiting the receipt of items from the occupant of a motor vehicle on a
public roadway at high accident intersections, amending section 6.75.070, changing the
classification of aggressive begging from an infraction to a misdemeanor and enacting a new
section 6.75.080 adding a savings clause to Chapter 6.75.
Prosecuting Attorney Cynthia Martinez briefed Council on the ordinance, which addresses issues
heard at the Public Hearing. The ordinance criminalizes aggressive panhandling and bans the
receipt of items from occupants at some intersections. The intersections listed are the top 15
intersections with the most accidents.
Streets and Traffic Operations Manager Rosenlund discussed how the list was compiled. They
track accidents from the Police Department and identify the worst locations for accidents at
intersections, which are typically the busiest intersections in the City. The list represents about
10 percent of arterial intersections and 1 percent of all intersections.
Mayor Cawley asked whether criminalizing aggressive begging makes it enforceable without an
officer witnessing it. Ms. Martinez responded the officer could cite them, but not arrest them
without witnessing it.
Dan Bird, City resident, stated he is confused about why the City can't do more to stop the
panhandling.
Lynne Kittelson, City resident, thinks the City should require permits for panhandling.
Mayor Cawley noted he understands the frustration; however, it is everyone's constitutional right
to beg if they choose. Council Member Coffey asked about registering or requiring permits with a
• vest. Ms. Martinez doesn't believe those types of requirements would be upheld by a court of
Page 5 of 7
456
law. City Manager O'Rourke clarified the violator is the person receiving the items or money not
giving the items.
The City Clerk read the ordinance by title. After further Council discussion,
ORDINANCE NO. 2013 -042, AN ORDINANCE relating to Public Safety; amending Yakima
Municipal Code Chapter 6.75; enacting a new section 6.75.025 prohibiting the receipt of items
from the occupant of a motor vehicle on a public roadway at high accident intersections,
amending section 6.75.070, changing the classification of aggressive begging from an infraction
to a misdemeanor and enacting a new section 6.75.080 adding a savings clause to Chapter
6.75.
Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Sara
Bristol. Passed 4 -3. Council Members voting Aye: Adkison, Bristol, Cawley, Ettl. Council
Members voting Nay: Coffey, Ensey, Lover.
13. An ordinance amending section 9.70.190 of the Yakima Municipal Code regarding Special
Events and Parades.
Sean Hawkins, Economic Development Director, briefed Council on the issue.
Heidi Anderson, with Children's Wishes and Dreams, spoke against the ordinance. She feels
their organization will not be able to give as many Wishes and Dreams to children if they have to
pay fees.
Joe Mann, City resident, stated he has helped with the Sunfair Parade for several years which is
run by volunteers and there is no money to pay fees. He feels this is a community and civic pride
issue and should be exempt.
•
Mulin Short, City resident, stated her daughter was granted a wish by Children's Wishes and
Dreams and she fears other children would not receive this type of gift if there are too many
costs associated with having their event.
The City Clerk read the ordinance by title. After further Council discussion,
Bristol moved and Coffey seconded to adopt a $50 application fee for special events,
community events in the second section are exempt (Memorial Day Parade; Cinco De
Mayo Parade; 4th of July Celebration; Sunfair Parade; Veteran's Day Parade; and
Christmas Light Parade) and a 50/50 split of the city related costs involved in traffic
management for parades and car events for all other events.
ORDINANCE NO. 2013 -043, 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: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy
Coffey. Passed 5 -2. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ettl.
Council Members voting Nay: Ensey, Lover.
14. Other Business
Council Member Lover requested a study session regarding homelessness in the City of Yakima
and the role of government in reducing the numbers. Council Member Ensey suggested hearing
from the Homeless providers at the study session. City Manager O'Rourke stated they will
schedule a study session for early October.
A. Information requested regarding past Council action from 2006 regarding renaming of A
Street.
•
Page 6 of 7
457
Council Member Bristol moved to bring back the ordinance regarding renaming "A" Street
for reconsideration. The motion passed unanimously by Council consensus.
Royal Schneider, Code Inspection Office Supervisor, stated the applicants have some minor
changes they would like to make.
Rick Beck, spoke on behalf of the VFW, requested to shorten the railroad station to the East end
of "A" street, which would eliminate some business issues and still preserve the honor of the
street. He would also like to change the name to Staff Sgt. Pendleton Way and include a plaque
at the station or a place to be determined later.
Mel Tanasse, spoke in favor of the application and requested changes.
Alonzo Marquez, City resident, feels this action is illegal since it refuses his petition from several
years ago. He plans to turn this action in at the Federal Government level.
Mayor Cawley stated it is clear from the minutes of the meetings in 2006 regarding the street
renaming application that the issue was not moved forward at that time, which is on the record.
Therefore, this action'' is completely legal and valid.
Fred Camerer, Commander of the VFW, thanked Council for their actions.
The City Clerk read the ordinance by title.
Cawley moved and Bristol seconded to pass the ordinance with the requested changes.
ORDINANCE NO. 2013 -044, AN ORDINANCE approving change of name of East "A" Street to
"Staff Sgt. Pendleton Way MOH" and authorizing the City Manager to accomplish such change of
name, with such change of street name to be effective on and from January 1, 2014.
Motion: Approve, Moved by Mayor Micah Cawley, Seconded by Council Member Sara Bristol.
Passed 7 -0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover.
15. Adjournment
The meeting adjourned at 9:21 p.m. to a Council Study Session on September 9, 2013 at 9 a.m.
at the Convention Center.
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 � E. •
eU CIL , .MBE" DATE
ATTEST: •
COUNCIL MEMI R DAT
c /�+yl'
CITY CLERK �P a ; 4 MAY,e
. \i, i \\
yZ Pa
9e 7 of 7
N\