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Home My WebLink About11/04/2014 Business Meeting 130 • • • YAKIMA CITY COUNCIL November 4, 2014 City Hall -- Council Chambers 6 p.m. Business Meeting -- 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. National American Indian Heritage Month Mayor Cawley read a proclamation for American Indian Heritage Month. Cary Campbell accepted it and presented Council with a homemade apple pie. 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 8 -- becoming item 5D: Resolution ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair /refurbishment of the damage to East Yakima Avenue as a result of the water main break on October 25, 2014 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 unanimous vote. A. Set December 2, 2014, as the date for a Closed Record Public Hearing to consider the Hearing Examiner's recommendation on a non - project rezone requested by Bernice Monahan B. Set date of November 18, 2014 for a public hearing on: A. proposed 2015 Revenue and Expenditure Budget for the City of Yakima with a second public hearing on December 2, Page 1 of 4 131 • 2014; and B. 2015 Ad Valorem (Property) Tax C. Resolution authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City in an amount of $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims RESOLUTION NO. R- 2014 -133, 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. D. Resolution ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair /refurbishment of the damage to East Yakima Avenue as a result of the water main break on October 25, 2014 RESOLUTION NO. R- 2014 -134, A RESOLUTION ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the repair /refurbishment of the damage to East Yakima Avenue as a result of the water main break on October 25, 2014. 6. Audience Participation Juliann Dezoete, City resident, stated she was assaulted and is concerned about why her assailant hasn't been charged. She would like help understanding why nothing is being done. Mayor Cawley noted the City Manager will look into it. David Morales, City resident, expressed his gratitude to the City Council and extended an invitation to an upcoming voting rights committee meeting on Friday from 6 -9 p.m. at Davis High School. CITY MANAGER REPORTS 7. Follow up Memo to Council on Temporary Sign Regulations City Manager O'Rourke requested Council add temporary sign issues to the Planning • Commissions agenda. Motion: Adkison moved and Lover seconded to forward the issue to the Planning Commission. The motion carried by a unanimous vote. ORDINANCES 8. Ordinance amending Ordinance No. 2014 -027 that imposed moratorium on "mission uses" within the SCC Small Convenience Center zoning district, striking public hearing date of November 18, 2014 and setting new public hearing date on December 9, 2014 City Manager O'Rourke briefed Council on the ordinance. He noted the same day the moratorium was initiated, the City received an application from Neighborhood Health Services (NHS) for a community center, which included a homeless shelter at Roy's Market. This doesn't meet the definition of a community center under the City's Building Code. Unfortunately, a homeless shelter is not defined in the City's zoning code, but there are two legal interpretations of what constitutes a homeless shelter and what the appropriate zones are for such a shelter, from a 1992 and 1995 Hearing Examiner opinion. Assistant Mayor Coffey asked what the process would be if Neighborhood Health Services were to appeal a denial. City Attorney Cutter noted the appeal would come before Council. Assistant City Attorney Kunkler noted NHS can request an amendment to our code to define what a community center is; however, that process goes to the Planning Commission before coming to Council. He stated the action requested on this agenda is only to change the public hearing date from November 18 to December 9. Page 2 of 4 132 • Council Member Lover feels this issue is not about keeping NHS from providing a homeless facility, it is about the location. City Manager O'Rourke stated Council could recommend the Planning Commission review and define what a homeless shelter is and specify appropriate land use. Mayor Cawley opened the meeting to audience comments. The following individuals spoke in favor of a homeless shelter located at Roy's Market: Phillip Pitts, Kathy Hitchcock, Tony Howell, John Penfold, Kelly Penfold, Virginia Jimenz - Gervacio, Ken Trainor and Estakio Beltran. Mayor Cawley noted there are a lot of misconceptions on what this issue is about. After further Council discussion, the City Clerk read the ordinance by title. AN ORDINANCE relating to Ordinance No. 2014 -027, amending said ordinance to provide amended date for public hearing, striking November 18, 2014 public hearing date and setting new December 9, 2014 public hearing date, and making no further amendments. Motion: Dittmar moved and Adkision seconded to pass the ordinance. The motion failed by a 4 -3 vote with Cawley, Coffey, Ensey and Ettl voting no. 9. Other Business A. Reconsideration of vote directing placement of advisory vote measure on August 2015 primary election ballot Mayor Cawley stated on March 18 the Council voted to place this issue as an advisory vote for 2015 and now they have a request by Council Member Adkison for reconsideration. Mayor Cawley opened the meeting to public comments. The following citizens spoke in favor of the downtown plaza and against the advisory vote: Tuck Russell, Bridget Russel of I Heart Yakima, Jessica Moskawa, Megan Colleran, Hilda Banza, Julie Kalakowski, Jennifer Falk, Susy Temple, Emilia Rutter, Rebecca Brown, Stacy Hackenmiller, Colleta Moneck, Jay Karscaden, Yousnia Hunter, Mellissa Gatton, Ann Tweedy, Carol Vanhoven, Lindsey Johnson, Ethan Moneck, Adrian Engleheart, Carl Vanhoven, Jackie Jones, Andy Jones, Eileen Monahan, Zac Turner, Zachary German, Phil Hogue, Erin Downs, Gilbert Essenia, Linda Harrelson, Dawn Meter - McCasin, Stacey Ruhmiller, Tony Harrelson, Nancy Colleran, Larry Hull, Joe Mann, Nick Hughes and John Baule. Sandy Belzer stated she was neither for or against the vote. The following citizens spoke in favor of the advisory vote: Mark Peterson and Kris Fork. After Council discussion, Motion: Cawley moved and Adkison seconded to send this to the Council Economic Development Committee and schedule a special meeting and community presentation that anyone can attend. The motion failed by a 4 -3 vote with Dittmar, Ensey, Ettl and Lover voting no. Motion: Ensey moved and Lover seconded to keep the Advisory Vote for August of 2015. The motion failed by a 4 -3 vote with Adkison, Cawley, Coffey and Ettl voting no. 10. Adjournment Motion: Ensey moved and Coffey seconded to adjourn to a Council Study Session on November 10, 2014 at 10:30 a.m. in the Council Chambers. The motion carried by a unanimous vote. The meeting adjourned at 8:09 p.m. CERTIFICATION Page 3 of 4 • 133 READ AND CERTIFIED ACCURATE BY !, (� 2v - f �/ COUNCIL MEMBER , DATE If!1� .. 44:2 • .. • •U CIL_ R DATE ATTEST: ret ....--.4•*•■ 7 CITY CLERK 4 • (/; MAYOR 4 "; i —" ; • - I Page 4 of 4