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Home My WebLink About07/01/2014 Business Meeting 78 YAKIMA CITY COUNCIL July 1,2014 City Hall -- Council Chambers 6 p.m. Business Meeting; 6:30 p.m. Public Hearing -- Minutes BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Tom Dittmar, 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 City Manager O'Rourke introduced Perry Tarrant, Emergency Preparedness /Gang Free Initiative Manager. Mr. Tarrant thanked Council for the opportunity to be in Yakima. A. Presentations /recognitions /introductions i. Recognition of retiring Fire Shift Commander Tom Sevigny for 30 years with the City of Yakima Chief Stewart recognized Tom Sevigny for 30 years of service with the Yakima Fire Department. 4. Council Reports Council Member Lover read a letter from Yakima County requesting support from the City for an OJJDP Grant. He feels the letter is asking for more than support and noted the second paragraph in the letter stating the level of agreement the County is requesting from the City. Motion: Lover moved and Dittmar seconded to authorize the Mayor's signature on the support letter with the second paragraph removed. The motion carried by a unanimous roll call vote. Council Member Ettl stated there were two Committee appointments to consider. Reappointing Bill Cook to the Planning Commission and appointing Kathy Miller Parrish to the recent vacancy on the Public Facilities Board. Motion: Adksion moved and Coffey seconded to reappoint Bill Cook to the Planning Commission and appoint Kathy Miller Parish to the Public Facilities District. 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 item was postponed from the consent agenda. Page 1 of 5 79 Item 5B Postponed -- Resolution authorizing execution of a Development Agreement for Lions Park between the City of Yakima and Yakima School District No. 7 The following item was added to the agenda. Item 10 added -- An Ordinance amending the City of Yakima pit bull dog ordinance to provide clarification and specific penalties for violating service pit bull provisions and amending YMC 6.18.020 (C)(V) 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: Ensey moved and Coffey seconded to approve the consent agenda. The motion carried by a unanimous roll call vote. A. Resolution authorizing an Agreement with the State of Washington Department of Ecology for a $200,000 Grant Agreement (G1400651) to construct two replacement bridges crossing Wide Hollow Creek RESOLUTION NO. R- 2014 -088, A RESOLUTION authorizing the City Manager to execute a Grant Agreement (G1400651) with the State of Washington Department of Ecology ( "Department of Ecology ") and City of Yakima for a grant of $200,000 for replacement of two bridges over Wide Hollow Creek. B. Resolution authorizing execution of a Development Agreement for Lions Park between the City of Yakima and Yakima School District No. 7 This item was postponed. C. Resolution authorizing Right -of -Way Use Permit (RL- 30286) for Roche Fruit to continue use of a utility bridge, man doors, footing extensions, and electrical conduit placed in the right -of -way at 402 North 1st Avenue RESOLUTION NO. R- 2014 -089, A RESOLUTION authorizing issuance of right -of -way use permit to continue the use of the following construction: utility bridge, man doors, footing extensions, and electrical conduit placed in the right -of -way at a location commonly known at 402 N. 1 Ave. D. Resolution authorizing Right -of -Way Use Permit (RL- 30287) for Roche Fruit to continue the use of the public right -of -way for an existing engine room which supports an existing adjacent C.A. building located at 301 North 3rd Avenue RESOLUTION NO. R- 2014 -090, A RESOLUTION authorizing issuance of right -of -way use permit to continue the use of the engine room built in the right -of -way at a location commonly known as 301 N. 3 Ave. for an adjacent C.A. Storage building. E. Resolution authorizing sole source purchase of VeriPic security digital file storage system RESOLUTION NO. R- 2014 -091, A RESOLUTION authorizing the sole source and purchase of VeriPic Digital Photo Lab Core Server and Digital Evidence Manager F. Resolution authorizing sole source and upgrade of the Alerton HVAC control system in the Yakima Police /Legal Center RESOLUTION NO. R- 2014 -092, A RESOLUTION authorizing the sole source and upgrade of the Law and Justice Center HVAC control system from Alerton IBEX system to BACnet system G. Resolution authorizing a twelve month School Resource Officer Agreement with the Yakima School District for seven (7) School Resource Officers and one (1) Police Page 2 of 5 80 Sergeant RESOLUTION NO. R- 2014 -093, 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 2014 -2015 school year H. An Ordinance amending the City of Yakima pit bull dog ordinance to provide clarification and specific penalties for violating service pit bull provisions and amending YMC 6.18.020 (C)(V) ORDINANCE NO. 2014 -013, AN ORDINANCE amending the City of Yakima pit bull dog ordinance to provide clarification and specific penalties for violating service pit bull provisions and amending YMC 6.18.020 (C)(V). 6. Audience Participation Glenda Harris, City resident, discussed her concerns about fireworks in her neighborhood. She stated she contacted the Police Department and claims nothing was done. Mayor Cawley noted he would look into it. Candie Turner, City resident, complained about all of the campaign signs littering the City. Joey Anderson, City resident, complained about the Police Department. Al Marques, City resident, thanked Council for voting against drugs in Yakima. PUBLIC HEARINGS 7. Public Hearing and Ordinance for a street renaming application submitted by Alan E. Patterson and Curtiss Gilbert requesting Council approval to change the name of private street "Betty Rae Way" to "Peach Ten Lane" Senior Assistant City Attorney Kunkler briefed Council on the issue. Mayor Cawley opened the public hearing. Elvin Welch, City resident, stated he was here to contest that the road adjoining his property is a private road; however, he is not opposed to the name change. He provided documents to the City Clerk and requested they be included in the record. Curtis Gilbert and Alan Patterson, residency not stated, spoke in favor of the name change. The City Clerk read the ordinance by title. ORDINANCE NO. 2014 -014, AN ORDINANCE approving change of name of "Betty Rae Way" to "Peach Ten Lane" and authorizing the City Manager to accomplish such change of name. Motion: Ettl moved and Adkison seconded to pass the ordinance. The motion carried by a unanimous roll call vote. CITY MANAGER REPORTS 8. Resolution authorizing execution of a "Declaration Of Covenants, Conditions And Restrictions With Reservations Of Easements For Creekside West" to facilitate and condition the development, maintenance and use of the Creekside West property that is owned by the City and leased to Airport Business Park, LLC. City Attorney Cutter briefed Council on the resolution. The City Clerk read the resolution by title. Page 3 of 5 81 RESOLUTION NO. R- 2014 -094, A RESOLUTION concerning City of Yakima real estate, authorizing the City Manager to execute a "Declaration Of Covenants, Conditions And Restrictions With Reservations Of Easements For Creekside West" to facilitate and condition the development, maintenance and use of the Creekside West property that is owned by the City and leased to Airport Business Park, LLC. Motion: Adkison moved and Lover seconded to adopt the resolution. The motion carried by a unanimous roll call vote. ORDINANCES 9. An Ordinance repealing existing Chapter 8.72 YMC, and adopting new Chapter 8.72 YMC, establishing permit procedures, administration and enforcement for excavations in public rights- of -way City Manager O'Rourke briefed Council on the changes and thanked all the partners involved. Joe Walsh, Central Washington Homebuilders Association representative, thanked City Manager O'Rourke in assisting with molding this into a more workable ordinance. He stated he still has some concerns and believes additional work needs to be done. Eric Holman, City resident, stated he is here with other colleagues representing Bikes and Walks. He spoke in favor of the ordinance. • Zella West, Manager of Nob Hill Water, spoke against the ordinance and feels this is a new "tax." She stated she has a philosophical difference of opinion with Mr. O'Rourke relating to this ordinance and any increases in fees that would be passed on to their customers. Robert Strader, City resident and Nob Hill Water customer, empathized with the condition of our roads and understands the need for this. He spoke in favor of the ordinance and encouraged Council to support it. Rebecca Brown, City resident, stated she is a cyclist enthusiast and potholes are a safety concern. She spoke in favor of the ordinance. Chad Doll, City resident, spoke in favor of the ordinance. Mayor Cawley and Council Member Dittmar spoke in favor of not taking action on this ordinance as they felt additional work is necessary. The City Clerk read the ordinance by title. AN ORDINANCE relating to excavations in public rights -of -way; repealing current Chapter 8.72 of the Yakima Municipal Code (YMC) and adopting new Chapter 8.72 YMC regarding excavations in public rights -of -way; stating definitions, procedures for issuance of permits, and enforcement. Motion: Ensey moved and Dittmar seconded to strike the restoration fee and send the issue back to staff to work out further details. The motion carried by a 4 -3 roll call vote with Cawley, Coffey and Ettl voting no. City Manager O'Rourke noted that without the restoration fee there is nothing left to accomplish. Mayor Cawley stated the issue appears to be dead. Council Member Ettl asked about the two - year warranty issue, which Mr. O'Rourke noted could be brought back. 10. Other Business Council Member Adkison read a thank you letter, which was included in the Council information Page 4 of 5 82 section, about the wonderful work accomplished through the Office of Neighborhood Development. 11. Adjournment Motion: Ensey moved and Adkison seconded to adjourn to the next Council Business meeting on July 15, 2014 at 6 p.m. in the Council Chambers. The motion carried by a unanimous voice vote. The meeting adjourned at 8:10 p.m. CERTIFICATION READ AND CERTIFIED ACCURATE BY :aet,•,. •( Ci Nt IL - 'jc i.1- DATE jj 0 -O4 — l C� NCIL MEMBER DATE TEST: ,_ „„ ' f ib / AILLA1. ‘1' '(9 CITY CLERK ; - 1 ° MAYO R -' ' ® 4" 1 -<, C r_ or 1 o aax� d�s It • 1 Page 5 of 5