The URL can be used to link to this page

Home My WebLink About08/05/2014 Business Meeting 89 • • YAKIMA CITY COUNCIL August 5, 2014 City Hall -- Council Chambers 10 a.m. Business Meeting; 10:30 a.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 A. Proclamations i. Community Health Center Week Mayor Cawley proclaimed the week of August 10 -16, 2014 as National Health Center Week. Don Hinman and Anita Monoian received the proclamation and thanked the City for all its help and stated they hope to be more successful in the future. B. Presentations /recognitions /introductions i. Donation of The Hanging Tree movie poster to the Yakima Valley Museum Communications and Public Affairs Director Randy Beehler briefed Council on the history of The Hanging Tree movie, which was filmed in the Yakima Valley. John Baule, Executive Director of the Yakima Valley Museum, accepted the The Hanging Tree movie poster on behalf of the museum. 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 added to the consent agenda: Item #12 Proposed Pool Advisory Committee members The City Clerk read the Consent Agenda items, including resolutions, by title. (Items on the Consent Agenda are handled under one motion without further discussion —see motion directly below.) Motion: Coffey moved and Adkison seconded to approve the consent agenda. The motion Page 1 of 5 • 90 carried by unanimous roll call vote. A. 2nd Quarter 2014 Claim Report and resolution authorizing and approving 2nd Quarter 2014 claims activity RESOLUTION NO. 2014 -098, A RESOLUTION accepting and approving the 2nd Quarter 2014 Claim Report for the City of Yakima. B. Resolution authorizing Right -of -Way Use Permit (RL- 30232) for the Red Lion Hotel, owner Deepinder Mann, to continue use of a fence on N. 6th St. placed within the right -of- way RESOLUTION NO. 2014 -099, A RESOLUTION authorizing issuance of a right -of -way use permit to allow the continued location of a fence on N. 6 St. C. Resolution authorizing two contracts granting $40,000 of HOME Investment funding to Habitat for Humanity to demolish the existing substandard structures and construct two new single - family dwelling units to be sold to qualified low to moderate income first time homebuyers located at 402 South 10th Street and 1409 South 16th Avenue RESOLUTION NO. 2014 -100, A RESOLUTION granting $40,000 of HOME Investment funds to Habitat for Humanity to demolish the existing substandard structures and construct new single family homes at 402 S. 10 Street and 1409 S. 16 Ave, to be sold to qualified low to moderate income first time homebuyers. D. Resolution authorizing the City Manager to execute a Coordinated Prevention Grant (CPG) Agreement with the Washington State Department of Ecology and to execute a Professional Services Agreement with Green Solutions, LLC, in an amount not to exceed $37,500 to conduct an assessment and evaluation of the City's Pilot Curbside Recycling Project RESOLUTION NO. 2014 -101, A RESOLUTION authorizing the City Manager to execute an Agreement with the Washington State Department of Ecology for a Coordinated Prevention Grant for $50,000 for the assessment and evaluation of the City's Pilot Curbside Recycling . Project and to execute a Professional Services Contract Agreement with Green Solutions, LLC in an amount not to exceed $37,500 to conduct the evaluation. E. Resolution authorizing the City Manager to execute an agreement between Airplanners, LLC and City of Yakima for air service development and consulting services for Yakima Air Terminal, superseding and replacing original agreement executed January 22, 2013 approved pursuant to Resolution No. 2013 -010 RESOLUTION NO. 2014 -102, A RESOLUTION authorizing the City manager to execute an agreement between Airplanners, LLC and City of Yakima for air service development and consulting services for Yakima Air Terminal, superseding and replacing original agreement executed January 22, 2013 approved pursuant to Resolution No. 2013 -010. F. Proposed Pool Advisory Committee members 6. Audience Participation Maria Bosworth, residency not stated, complained that the City Manager filed charges against her friend, Joey Anderson: Ms. Anderson videotaped a meeting with the City Manager without his permission and posted it on Youtube. Ms. Bosworth demanded the charges against Ms. Anderson be dropped. City Manager O'Rourke noted the City has not filed charges against Ms. Anderson, but is in the process of investigating what may be a criminal violation. PUBLIC HEARINGS 7. Public meeting and resolution for approval of the Final Plat for Crown Pointe Phase 1 Jeff Peters, Supervising Planner, briefed Council on the final plat for Crown Pointe Phase 1. Page 2 of 5 • 91 • 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. 2014 -103, A RESOLUTION approving the final plat of Crown Pointe Phase 1 and authorizing the `Mayor to sign the final plat. Motion: Ensey moved and Coffey seconded to adopt the resolution. The motion carried by a unanimous roll call vote. CITY MANAGER REPORTS 8. Proposed Amendments to the City Council's Rules of Procedure City Manager O'Rourke briefed Council on the proposed amendments to the City Council Rules and Procedures regarding the process of taking action at Council meetings on items that are not listed on the agenda. Motion: Ensey moved and Coffey seconded to approve the amendments. The motion carried by a unanimous roll call vote. 9. Update regarding DOE Consent Decree Process for Tiger Oil Site at 2312 West Nob Hill Boulevard Jeff Newschwander, with the Department of Ecology (DOE), briefed Council on the clean up of Tiger Oil at 24th and Nob Hill Blvd. He stated the DOE appreciates the partnership with the City of Yakima and is eager to move forward with the process, which will begin once a consent decree has been signed. 10. Report on Political Signs City Manager O'Rourke briefed Council on the placement of political signs and stated the City is very limited as to what can be enforced on placement of signs. Senior Assistant City Attorney Kunkler noted that political signs are closely related to First Amendment rights and the topic carries a heightened sense of scrutiny. Mr. Kunkler clarified that signs attached to street lights, poles, traffic signs and those types of things are not allowed. After Council discussion, Motion: Coffey moved and Adkison seconded to direct staff to look at the City of Wenatchee's policy and to come up with a volunteer request regarding placement of political signs to go to candidates when they register for office. The motion failed by a 5 -2 roll call vote with Cawley, Dittmar, Ensey, Ettl and Lover voting no. 11. Sign Code Enforcement and Revision Summary Acting Community Development Director Davenport briefed Council on the issue of enforcement of certain signs. She stated the City has been very successful in cleaning up some areas; however, they are struggling with the language used in certain sections of the Municipal Code for exempt and temporary signs. Ms. Davenport requested Council direction on the issue. After Council discussion, • Motion: Dittmar moved and Ensey seconded that the four issues brought before them be referred to the Council Built Environment Committee, which will bring back their recommendations to the full Council. The motion carried by a unanimous roll call vote. 12. Resolution authorizing withdrawal from Intergovernmental Local Agreement with Yakima Valley Office of Emergency Management Page 3 of 5 92 City Manager O'Rourke briefed Council on the requested withdrawal from the Intergovernmental Local Agreement with Yakima Valley Office of Emergency Management. He stated the County recognizes the reasons for the withdrawal, and after withdrawing, the City will become eligible for FEMA and State Grants and be a stronger partner for the rest of Yakima County by utilizing the Mutual Aid agreements. The City Clerk read the resolution by title. RESOLUTION NO. 2014 -104, A RESOLUTION authorizing the City Manager to execute a letter providing notice of termination and withdrawal of the City of Yakima from the Agreement for Yakima Valley Office of Emergency Management with Yakima County. After Council discussion, Assistant Mayor Coffey called for the question. Motion: Coffey moved and Dittmar seconded to adopt the resolution. The motion carried by a 4 -3 roll call vote, with Cawley, Ensey and Lover voting no. Council Member Lover asked now that this has been approved, whether he needs to continue attending the Emergency Management Executive Board meetings. Council Member Ettl stated yes, as the withdrawal takes six months and to provide assurance that the City will still be involved. ORDINANCES 13. Ordinance regarding proposed Cable Communications System Franchise Renewal Communications and Public Affairs Director Beehler briefed Council on the Franchise Agreement with Falcon I /k/a Charter Communications. The City Clerk read the ordinance by title. ORDINANCE NO. 2014 -016, AN ORDINANCE granting a non - exclusive Franchise to Falcon Video Communications, L.P. I /k/a Charter Communications to operate and maintain a Cable Communications System throughout the City of Yakima; setting forth provisions, terms and conditions of the grant of Franchise; providing for City regulation and use of the Cable Communications System; prescribing penalties for violation of Franchise provisions; and terminating Ordinance No. 93 -115. Motion: Ensey moved and Adkison seconded to pass the ordinance. The motion carried by a 7 -0 roll call vote. 14. Other Business Dave McFadden, President of New Vision, presented a photo /plaque to the Council in appreciation of the partnership with the City and New Vision. Council Member Adkison reported on the National Night Out activities at Franklin Park and recognized the Police and Fire Departments for doing a fantastic job with these functions. She also read a letter, which was included in the Council information section, about the great work Archie Matthews accomplishes through the Office of Neighborhood Development. Council Member Ettl suggested these stories could be aired as a segment on YPAC. 15. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to a Council Study Session on August 12, 2014 at 9 a.m. in the Council Chambers. The motion carried by a unanimous voice vote. The meeting adjourned at 11:57 a.m. Page 4 of 5 93 7 CERTIFICATION -1 READ AND CERTIFIED ACCURATE BY &MS& _ !11 ! i_!r.. Ii' " ' C• N L M MBER DATE L I 1 • • UNCIL MEMBER DATE 4 ATT ST: I r� _.�, / ,Q. CA ITY CLEFK G� , `1 1 1 MAY R i ��' 11 1 1 1 0 / xi i Page 5 of 5