HomeMy WebLinkAbout11/05/2013 Business Meeting 480
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YAKIMA CITY COUNCIL
November 5 2013
City Hall -- Council Chambers
6 p.m. Business Meeting; 7 p.m. Public Hearings
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
Mayor Cawley read a proclamation for American Indian Heritage Month. Cary Campbell
accepted it and presented Council with homemade apple pies.
A. Appointments to Boards, Commissions and Council Committees
i. Council Nominating Committee's recommendation for appointment of Ron
Gamache to the Public Facilities District Board and ratification of Nora Requena as
the Capitol Theatre's appointment to the Arts Commission.
Coffey moved and Bristol seconded to approve the recommendations. The motion carried
by a unanimous roll call vote.
4. Council Reports
A. Council Nominating Committee minutes from'10- 21 -13.
Ensey moved and Lover seconded to approve the minutes. The motion carried by a
unanimous roll call vote.
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 added to the consent agenda:
12. 2012 Health Care Plan Report
13. Resolution authorizing an Agreement with Central Washington Comprehensive Mental
Health ( CWCMH) allowing the City of Yakima to utilize the CWCMH Behavioral Health Diversion
Program at no cost to the City.
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.)
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Ensey moved and Adkison seconded to approve the consent agenda. The motion carried
by unanimous roll call vote.
A. Approval of the minutes from the July 16, August 6 and 20, and September 3 and
17, 2013 City Council Business meetings and July 9 and September 9, 2013 Study
Sessions.
B. 3rd Quarter 2013 Treasury Report.
C. Accounts Receivable Status Report — 3rd Quarter 2013.
D. Set Dates of November 19, 2013 for Public Hearings on 2014 Budget:
A. 2014 Proposed Budget
B. 2014 Ad Valorem (Property) Tax
E. Final Contract Payment for MSI Construction, Inc. (Standard Motion V -B- Accept the
project and approve the final payment).
F. Final Contract Payment for Leslie & Campbell, Inc. - Station 91 and 95 Roofing
Rehabilitations (Standard Motion V -B- Accept the project and approve the final payment).
G. Final Contract Payment for TTC Construction, LLC - City Project WW2327, Industrial
Wasteline Extension (Standard Motion V -B- Accept the project and approve the final
payment).
H. Resolution authorizing a Professional Services Contract to secure a Hearing Examiner to
preside over transit and park exclusion appeals.
RESOLUTION NO. 2013 -136, A RESOLUTION authorizing and directing the City Manager of
the City of Yakima to execute a Professional Services Contract to secure a Hearing Examiner to
preside over transit and park exclusion appeals.
I. Resolution authorizing annual renewal of the City Manager's authority to resolve and
settle any claims against or by the City of Yakima in an amount of $100,000 or Tess, and
to execute all documents necessary to the resolution or settlement of such claims.
RESOLUTION NO. 2013 -137, A RESOLUTION authorizing annual renewal of the City
Manager's authority to resolve and settle any claims against or by the City of Yakima in an
amount of $100,000 or less, and to execute all documents necessary to the resolution or
settlement of such claims.
J. Resolution declaring and reserving a City owned parcel of land, known as parcel 191318-
43003, addressed as 1005 East Lincoln Avenue, as future street right of way for the
Cascade Mill Parkway.
RESOLUTION NO. 2013 -138, A RESOLUTION declaring and reserving a City owned parcel of
land, known, as Yakima County Assessor parcel 191318 - 43003, addressed as 1005 East
Lincoln Avenue, as future street right of way for the Cascade Mill Parkway.
K. Resolution authorizing an agreement with Yakima County Development Association for
Economic Development Partnership Services.
RESOLUTION NO. 2013 -139, A RESOLUTION authorizing an Agreement with Yakima County
Development Association for Economic Development Partnership Services.
L. 2012 Health Care Plan Report
M. Resolution authorizing an Agreement with Central Washington Comprehensive Mental
Health (CWCMH) allowing the City of Yakima to utilize the CWCMH Behavioral Health
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Diversion Program at no cost to the City.
RESOLUTION NO. 2013 -140, A RESOLUTION authorizing and directing the City Manager of
the City of Yakima to execute an Agreement with Central Washington Comprehensive Mental
Health (CWCMH) allowing the City of Yakima to utilize the CWCMH Behavioral Health Diversion
Program at no cost to the City.
6. Audience Participation
Rosenda Lopez and Alejandro Reyez - Gonzalez, City residents, invited the Council and
community to participate in their community service project they are organizing through Skills
USA, which is a graffiti cleanup event on November 9, 2013 from 12-4 p.m.
Candie Turner, City resident, expressed her frustration with the violence in our City.
PUBLIC HEARINGS
7. Public hearing regarding the Downtown Master Plan Report.
City Manager O'Rourke stated after meeting with the consultants and after staff analysis, they
believe a game changer is needed to ignite the growth of downtown. The City started this
process in May and have had three public hearings, with over 600 participants and dozens of
stake holder meetings. This will be on the November 19 agenda for budget approval to begin
the design process of the project.
Mayor Cawley opened the public hearing.
The following individuals spoke against the plan.
Mark Peterson, non - resident and owner of H & H Furniture on Yakima Avenue; Craig Carroll,
non - resident and owner of the Sportscenter on Yakima Avenue, spoke agains the plan and
noted that no one has approached him on this issue; Judy Caines, City resident; Steve Larsen,
General Manager of the Olive Garden; Tom Raney, non - resident; Kathi Mercy, downtown
business owner; Steve Mercy; Fred Mercy; Jason Stiles, non - resident and owner of the
Speakeasy; James Carmody; and Michelle Beckham, Ellensburg.
The following individuals spoke in favor of the plan.
Nancy Kenmotsu, City resident; Palmer Wright, Physician in Yakima and owner of Kana Winery;
Jessica Moskwa, City resident and manager of Gilbert Cellars; Laura Rankin, City resident;
Bridget Russel, City resident and downtown business owner; Erin Luke, City resident; Samantha
Swager, City resident; Ilene Monihan, City resident; Shawn Hopkins; Erwina Peterson, City
resident; Laurie Kanyer, City resident; Robert Garlo, City resident; Ann Tweety, City resident;
Tyson Maker, City resident; Ellie Stroshal, City resident; Lucas Strosal, City resident; Yvette
Lippert, City resident; Sylvia Embrook, non - resident; Charles Johnson, non - resident; Jeff Hall,
City resident; Brad Hoffa, City resident; John Schlect, City resident; Rob McKearny, City
resident; Margaret Luera, City resident; Jeff Perkins, City resident; Matt Tweedy, City resident;
Andy Jones, City resident; Jacki Jones, City resident; Anna Green, City resident; Nathan Pool,
City resident; Ryan Low, owner of Essencia Bakery; Adam Hoverman, City resident; Amy
Turner, City resident; Dan Richmond, City resident; Sylvia Severen, City resident; Barb Smith,
City resident; Betsy Bloomfield, City resident; Jane Korsekin; City resident; Peggy Ludwig;
Amelia Rudder, City resident; Luz Bazan Gutierrez, City resident; Becky Pasqua; Karl Pasten,
City resident; Nick Hughes, City resident; Joe Mann, City resident and downtown business
owner; Larry Hull, City resident and downtown business owner; Michael Bull, non - resident;
Charles Forester, Physician and City resident; Jane Gutting, non - resident; Joe Morrier, non-
resident, downtown property owner; Barbara Cline and read a supporting statement from Phil
Cline; Walt Ranta, City resident; John Baule, City resident; Julie Schilling, with Westside
Merchants, thinks change is good but would like additional information; Tony Sandoval, City
resident; David Rogers, City resident; Nicole Donegan, City resident; John Cooper, City resident;
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Victor Renteria; City resident; and Robert Strader, City resident.
Mayor Cawley closed the hearing.
Council members discussed their appreciation for the citizen feedback on this issue. They also
noted their concern for they lack of communication with some business owners and the
importance of a parking study and traffic analysis.
Council Member Bristol, representative on the Capitol Theatre Board, stated the Capitol Theatre
Board is in favor of the downtown revitalization.
City Manager O'Rourke noted this item is not on speed dial. They are asking for a concept
design for a plaza, to develop committees and complete due diligence by visiting other
communities. This will be on the November 19 agenda where Council will be asked to approve a
budget to pay for the design concept of the plaza. This was approved by Council consensus.
8. Final public hearing and reisolution adopting the City of Yakima 2014 Annual Action Plan
regarding the CDBG & HOME program funding.
Archie Matthews, Office of Neighborhood Development Services, briefed Council on the Action
Plan. He noted they just received comments from Northwest Justice; however, the comments
were received after the comment period. Additionally, he received a call from the HUD
representative and they may send the City of Yakima a postponement letter until the allocations
can be determined.
Mayor Cawley opened the public hearing and, with no one coming forward to speak, closed the
hearing.
The City Clerk read the resolution by title.
RESOLUTION NO. 2013 -141, A RESOLUTION adopting the HUD mandated 2014 Annual
Action Plan for the City of Yakima.
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Ensey moved and Adkison seconded to adopt the resolution. The motion carried by
unanimous roll call vote.
9. Public hearing to consider the City of Yakima Planning Commission's
recommendation regarding an Ordinance which updates the City of Yakima's Shoreline Master
Program, amends the Citys Comprehensive Plan's Critical Area and Shoreline goals and
policies, and adopts supporting scientific documentation.
Supervising Planner Jeff Peters briefed Council on the Shoreline Master Program. Mr. Peters
introduced Dave Fonfara, Representative from the City of Yakima Planning Commission. Mr.
Fonfara thanked City staff for their work and stated the Planning Commission recommends
supporting the Shoreline Master Program.
Mayor Cawley opened the public hearing.
Al Brown, non - resident, spoke on behalf of the Yakima Greenway Foundation in support of the
Shoreline Master Program.
Mayor Cawley closed the public hearing.
The City Clerk read the ordinance by title.
ORDINANCE NO. 2013 -050, AN ORDINANCE relating to the regulation of land use and
shoreline development in the City of Yakima: a) repealing the City's 1974 Shoreline Master
Program, b) adopting an updated Shoreline Master Program in accordance with RCW 90.58 and
WAC 173 -26, c) establishment of Title 17 of the City of Yakima Municipal Code titled "City of
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Yakima Shoreline Master Program ", d) Amendment to the City of Yakima's Comprehensive Plan
2025 adding a Shoreline Element to the Natural Environment section, e) Adoption of Yakima
County's Cumulative Impact Analysis and Restoration Plan, and f) Adoption of the City of
Yakima's Addendum to Yakima County's Cumulative Impact Analysis and Restoration Plan.
Ensey moved and Bristol seconded to pass the ordinance. The motion carried by
unanimous roll call vote.
10. Public hearing to consider the Yakima Planning Commission's recommendation regarding an
amendment to the Yakima Municipal Code Title 15 and adopting an ordinance pertaining to a
new Chapter 15.29 YMC establishing a comprehensive code for the regulation of
communication towers.
Senior Assistant City Attorney Kunkler briefed Council on the issue.
Mayor Cawley opened the public hearing.
Dave Fonfara spoke on behalf of the City of Yakima Regional Planning Commission. He stated
they had a tremendous amount of input from the wireless industry and the Commission received
early and continuous participation, which resulted in a comprehensive, concise and clear
permitting process that captures the value and goals of the citizens.
The following individuals spoke in favor of the ordinance: Nancy Kenmotsu, City resident; Walt
Ranta, City resident and President of Barge Chestnut Historic District; Mike Davison, City
resident; and Bill Duerr, City resident.
The following individuals spoke against the ordinance:
Mike Connors, non - resident with Verizon Wireless. Mr. Connors requested more time to speak.
Mayor Cawley asked Council for a vote on not extending the speaker's time. The motion
carried by a 5 -2 roll call vote with Bristol and Ettl voting to extend the speaker's time. Carol
Tagayun, non - resident with AT &T and Ken Lyons, non - resident with AT &T also spoke against
the ordinance.
Mayor Cawley closed the hearing.
Council Member Ensey noted he received an email from the City of Yakima Planning
Commission Chair, Ben Shoval, stating the Commission supports the ordinance.
After Council discussion,
The City Clerk read the ordinance by title.
ORDINANCE NO. 2013 -051, AN ORDINANCE relating to wireless communication facilities;
amending Title 15 of the Yakima Municipal Code to add new Chapter 15.29 regulating wireless
communication facilities, and repealing Section 15.04.180 of the Yakima Municipal Code.
Ensey moved and Adkison seconded to pass the ordinance. The motion carried by a 4 -3 roll
call vote with Bristol, Ettl and Lovervoting no.
11. Public hearing to consider a resolution adopting findings of fact and approving moratorium on
production, processing and retailing of marijuana as adopted pursuant to Ordinance No. 2013-
048.
Senior Assistant City Attorney Kunkler briefed Council on the moratorium.
Mayor Cawley opened the public hearing.
The following individuals spoke in favor of the moratorium: Mitch Gordon, non - resident; spoke in
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favor as long as the process keeps moving forward intelligently. He also provided additional
information to Council from Jeffrey McPhee of MCS of Central Washington; Michael Moore, City
resident, and President of a Safe Yakima Valley; Carmen Mendez, City resident; Anna Marie
Dufault, non - resident; and Ken Marble, City resident, spoke in support of the moratorium and
stated he is more in favor of opting out of marijuana in the City limits entirely.
Mayor Cawley closed the hearing.
The City Clerk read the resolution by title.
RESOLUTION NO. 2013 -142, A RESOLUTION adopting Findings of Fact supporting a six -
month moratorium, enacted October 8, 2013 pursuant to Ordinance No. 2013 -048, prohibiting
acceptance and processing of applications, and issuance of land use and development permits
for, production, processing and retailing of marijuana as authorized pursuant to Initiative 502;
and authorizing the City Manager to study and develop appropriate comprehensive land use
regulations addressing such issues for consideration by the City Council; and setting public
hearing on November 5, 2013.
After Council discussion,
Ensey moved and Adkison seconded to adopt the resolution. The motion carried by
unanimous roll call vote.
CITY MANAGER REPORTS
12. Resolution authorizing Yakima Police Patrolman's Association (YPPA) Collective Bargaining
Agreement for 2014 -2015.
City Manager O'Rourke briefed Council on the contract.
The City Clerk read the resolution by title.
RESOLUTION NO. 2013 -143, A RESOLUTION authorizing and directing the City Manager to
execute a collective bargaining agreement for January 1, 2014 — December 31, 2015 with the
Yakima Police Patrolmans Association (YPPA) representing the Yakima Police Officers and
Sergeants bargaining uniti
Adkison moved and Bristol seconded to adopt the resolution. The motion carried by
unanimous roll call vote.
13. Resolution authorizing execution of 2014 -2017 CBA with IAFF LEOFF Unit (firefighters).
City Manager O'Rourke briefed Council on the contract.
The City Clerk read the resolution by title.
RESOLUTION NO. 2013 -144, A RESOLUTION authorizing the City Manager to execute a
collective bargaining agreement between the City of Yakima and the International Association of
Firefighters (IAFF) Local 4 Firefighters Unit (Firefighter through Captain) for wages, hours,
and working conditions foil 2014 -2017; and authorizing the City Manager to execute
amendments to the collective bargaining agreement to clarify contract language, maintain
compliance with the law, and make other minor adjustments.
Ettl moved and Adkison seconded to adopt the resolution. The motion carried by
unanimous roll call vote.
14. Resolution authorizing execution of 2013 -2015 CBA with AFSCME Transit
City Manager O'Rourke briefed Council on the contract.
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The City Clerk read the resolution by title.
RESOLUTION NO. 2013 -145, A RESOLUTION authorizing and directing the City Manager to
execute a wage and benefit package for 2013 -2015 with the American Federation of State,
County and Transit Employees (AFSCME) Local 1122 representing the Municipal Employees
bargaining unit.
Coffey moved and Adkison seconded to adopt the resolution. The motion carried by
unanimous roll call vote.
ORDINANCES
15. An ordinance establishing rates, charges, terms and conditions for domestic water system
service; amending section 7.68.250 of chapter 7.68 of the City of Yakima Municipal Code; and
providing for an effective date.
Water and Irrigation Manager Dave Brown briefed Council on the ordinance, which modifies how
the City collects rates.
The City Clerk read the resolution by title.
ORDINANCE NO. 2013 -052, AN ORDINANCE establishing rates, charges, terms and
conditions for domestic water system service; amending section 7.68.250 of chapter 7.68 of the
City of Yakima Municipal Code; and providing for an effective date.
Adkison moved and Ettl seconded to pass the ordinance. The motion carried by unanimous
roll call vote.
16. Other Business
Council Member Bristol announced that she and her family will be relocating to Oregon and will • .
be leaving her position as District 2 Council Member at the end of the year.
17. Adjournment
Ensey moved and Bristol seconded to adjourn. The motion carried by unanimous voice vote.
The meeting adjourned at 10:45 p.m. to a Council Study Session on November 12, 2013 at 9:30
for Executive Session.
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