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HomeMy WebLinkAbout07/20/2010 Business Meeting/Adj to Executive Session 289 YAKIMA CITY COUNCIL BUSINESS MEETING JULY 20, 2010 COUNCIL CHAMBERS, YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll CaII Present: Council: Mayor Micah Cawley, presiding, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Absent: Assistant Mayor Kathy Coffey (Excused) 2. Executive Session • Pending and prospective litigation • Collective bargaining Executive Session was held and adjourned at 5:45 p.m. 6:00 P.M. — BUSINESS MEETING 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster Absent: Assistant Mayor Kathy Coffey (Excused) 2. Invocation /Pledge of Allegiance — Mayor Micah Cawley Mayor Cawley gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations- None B. Presentations /recognitions /introductions • Westside Merchants and the Safety Symposium Julie Schilling and Pam Wickersham brought certificates of appreciation to Deputy Chief Kelly Rosenow and Officers Jamie Gonazales, and Tarin Miller for their help with the Central Washington Block Watch Safety Symposium. C. Status reports on prior meeting's citizen service requests • Response from Airport Manager to Lynn Buchanan complaint about Air Terminal City Management commented on the meeting that took place to provide information regarding actions the Yakima Air Terminal Board had taken concerning property matters and lease obligations affecting Noland - Decoto. The intent of the meeting was to provide information on the facts in the case and • discuss potential opportunities for pilots who will have to move their planes when • the airport constructs a fence in front of the Noland - Decoto property adjacent to the airport. Randall Leofsky and Lynn Buchanan spoke in opposition of the Yakima Air Terminal's actions. Brent Rozelle presented a petition and resolution signed by the tenants of Noland - Decoto requesting a full investigation by the 290 JULY 20, 2010 City, County, and FAA of all aspects of the situation prior to closure of runway access by the Yakima Air Terminal. In response to citizen comments, City Attorney Cutter confirmed that the court had decided, through its order, that discontinuance of the lease with Noland - Decoto was an appropriate action. D. Appointments to Boards, Commissions and Council Committees • Housing Authority Board — The appointment was delayed until the next City Council meeting. 4. Consent Agenda ' Mayor - Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item numbers 8 and 12 were added to the consent agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. ENSEY MOVED AND ADKISON SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Coffey absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) A. Consideration of approval of Council Meeting Minutes 1. Special Listening Sessions — June 8, June 9 and June 10, 2010 Council directed staff to answer service requests from the meetings. EDLER MOVED AND ADKISON SECONDED TO APPROVE THE MINUTES. The motion carried by unanimous voice vote; Coffey absent. *B. Consideration of approval of Council Committee Meeting Minutes 1. Neighborhood Development Committee - July 7, 2010 2. Economic Development Committee — July 7, 2010 3. Public Safety Committee — June 16 and July 6, 2010 Council Committee meeting minutes were approved. 5. Audience Participation. Mike Hunnel, 1502 S. 18 Avenue, addressed the Council on handicapped parking issues and discrimination of disabled people in Yakima. Mike Murphy, 4411 Snow Mountain Road, complained about the length of time it took to put up banners at Chesterley Park. Jim Evans, 4405 Summitview, spoke about the unsightly trees and weeds at the Doty property and his intent to take this issue to court. Candy Turner, 7800 West Mead Avenue, complained about the debris and weeds she picked up on 80 Avenue and brought to the Council meeting. She wants a crew from the Department of Corrections to clean up this area as they have done in the past. 2 291 JULY,20, 2010 Randall Leofsky voiced further concerns about the Noland - Decoto issue. He thanked Council for voting to continue hearing appeals for building permits and also pointed out that street cracks have not been filled for a long time and volunteered to help do that. Julie Schilling, Westside Merchants, asked Council and the City Manager if they were still putting Yakima first and doing what they were elected to do. She asked them to rate their performance. They responded with their opinions. 7:00 P.M. — PUBLIC HEARINGS 6. Public Hearing on design review guidelines and Certificate of Appropriateness for Barge- Chestnut Neighborhood Historic District. Associate Planner Vaughn McBride explained the historic preservation design review guidelines and Certificate of Appropriateness that the Historic Preservation Commission had approved for the Barge- Chestnut Neighborhood Historic District. Jennifer Wilde - McMurtrie showed pictures that depicted why design reviews are important. • Mayor Cawley opened the public hearing Ann Knapp, 2606 Barge, expressed concern that the guidelines were not clear nor were there timelines for the review. She suggested tracking the number of permits and the time it takes to do the review prior to making the guidelines official. Paul Nagle - McNaughton, although supportive of passing the guidelines, expressed concern with the potential restrictiveness of materials, e.g. energy efficient materials. Randal Leofsky expressed concern that the process is too onerous and will discourage development and restoration. He felt it gives too much authority to the people on the Commission. Ben Shoval, 17 N. 3 Street, also suggested it be tabled and sent back to the Commission. His concern was that it would limit the neighborhood from making any improvements. Nancy Kenimotsu, a Historic Commission member, explained the methodology behind the development of the process and countered a number of the issues raised. • Mayor Cawley closed the public hearing Council Member Lover expressed concern over the lack of an appeal process. Following discussion, EDLER MOVED AND ENSEY SECONDED TO REMIAND IT BACK TO THE HISTORIC COMMISSION TO HOLD A JOINT MEETING WITH THE NEIGHBORHOOD DEVELOPMENT COMMITTEE. The motion carried by unanimous call vote; Coffey absent. 3 292 JULY 20, 2010 7. Closed Record Public Hearing on removal of conditions on rezone of property at 716, 718 S. 6 Street and 507 E. Adams Street • Chris Wilson, Assistant Planner, presented the specifics of the rezone request to have a condition removed. The Hearing Examiner conducted an open record public hearing where testimony was given, and on June 24, 2010 recommended the previous condition be removed and substituted by four new conditions. Staff recommends acceptance of the Hearing Examiner's recommendation. • Mayor Cawley opened the closed record public hearing Bill Hordan, 410 N. 2 11d Street, spoke on behalf of Mr. Awad. He gave the history on the property and explained the goal was to remove the condition that the property had to be used for a parking lot. They committed that any new use on the property would comply with the rules of the zoning ordinance. • Mayor Cawley closed the closed record public hearing EDLER MOVED AND ETTL SECONDED TO DIRECT LEGAL TO PREPARE THE PROPER LEGISLATION TO REMOVE THIS CONDITION. The motion carried by 5 -1 roll call vote; Lover voting no, Coffey absent. CITY MANAGER'S REPORTS *8. Consideration of update report on May and June Emphasis Patrols The update report was accepted. 9. Consideration of Parking Commission recommendations re Chestnut Manor Public Works Director Chris Waarvick summarized the solution staff identified for the Parking Commission's review. They recommended making an exception to the Yakima Municipal Code that allows for $12 per year on- street parking permits for residents of Chestnut Manor within the broader downtown without affecting the historical core area. This would affect approximately 10 -15 parking spaces. Bill Duerr, 3206 W. Yakima Avenue, stated he was pleased with the suggested resolution but urged it not be left open ended. It should be grandfathered for existing residents only of the facility. ETTL MOVED AND ADKISON SECONDED TO ACCEPT THE RECOMMENDATION WITH THE CAVEAT THAT IT IS FOR CURRENT RESIDENTS ONLY AND FUTURE RESIDENTS WOULD BE ADVISED THAT THE PARKING PERMITS WOULD SUNSET AS THOSE RESIDENTS MOVE AWAY. The motion carried by a 5 -1 roll call vote; Edler voting no, Coffey absent. An amendment to the parking ordinance will be brought back at a future Council meeting. 4 293 JULY 20, 2010 10. Consideration of disposition of the Yakima Development request for annexation of property at S. 88 Avenue Joan Davenport, Planning Manager, explained the details of the petition for initiating the annexation from Zoel Morin. This property became contiguous to the City of Yakima on July 5t with the annexation of the Washington Heights annexation. It was also at that time that the annexation policy was referred to the Intergovernmental Committee with regard to City /County development standards. City Manager Zais advised that the Intergovernmental Committee has been working with the County and, although a moratorium is not proposed, a slowdown of the annexation process has been suggested due to negotiations taking place with the County. That is expected to take several months to work through. One proposal is for the City to not annex property greater than two acres until there are revenue streams to inure to the County for them to make a number of improvements. Another consideration is the ability to serve, limited by the current financial constraints in both the City and County. It is staff's suggestion that this annexation, and others similar to it, should be denied and deferred. After further discussion, ENSEY MOVED AND ETTL SECONDED TO ACCEPT HE STAFF RECOMMENDATION. The motion carried by a 5 -1 roll call vote; Edler voting no, Coffey absent. 11. Consideration of modification to legislation regarding a request for additional cruise night City Attorney Jeff Cutter explained the request and that it had been erroneously submitted as a special event (parade permit.) The date being requested conflicts with the previously scheduled 3 -on -3 Basketball Tournament. It is also just seven days prior to the second approved cruise night scheduled by ordinance for September 5 Javier Gonzales, 1613 McKinley Avenue, advised that the Lowcos Car Club is holding a car show in Union Gap on August 28 & 29 and a number of northwest car clubs will be attending. Because they know they will be cruising, they had hoped to get permission to cruise legally. Because of the scheduled conflict with the basketball event, Yakima Avenue is not an available option. Following discussion on attempting to clean up negative images, event conflicts and the cost of required overtime, EDLER MOVED AND LOVER SECONDED TO WORK WITH JAVIER AND HIS LOCAL CAR CLUB TO FACILITATE THE CRUISING THAT WILL HAPPEN ON THE 28 OF AUGUST SO THAT IT IS LEGAL. The motion failed by a 3 -3 roll call vote; Cawley, Ensey and Ettl voting no; Coffey absent. LOVER MOVED AND ETTL SECONDED TO REPLACE THE SEPTEMBER 5 CRUISE WITH AN AUGUST 28 CRUISE AS REQUESTED. It was noted by City Attorney Cutter that it will require an emergency ordinance to make the date. Mr. Cutter will research whether this will qualify as an emergency and, if so, bring the ordinance to the next business meeting. The motion carried by a 4 -2 roll call vote; Cawley and Ensey voting no; Coffey absent. *12. Consideration of 2 Quarter Capital Improvement Projects report The 2nd Quarter Capital Improvement Projects report was accepted. • 5 294 JULY 20, 2010 *13. Consideration of a Resolution amending operating relationships of the Bicycle /Pedestrian Advisory Committee RESOLUTION NO. R- 2010 -91, A RESOLUTION amending Resolution No. R -2004- 16, which had amended the previously established Bicycle /Pedestrian Advisory Committee for the City of Yakima, Washington; removing the support of City staff and City resources from the work activities of the Committee. • *14. Consideration of a Resolution authorizing execution of an agreement with OIC for a revolving loan of HOME CHDO funds for developing in -fill housing RESOLUTION NO. R- 2010 -92, A RESOLUTION authorizing the City Manager to execute and agreement with OIC of Washington for a revolving loan in the amount of $200,000 of HOME CHDO set aside to continue work in partnership with the City of Yakima to develop affordable in -fill housing for low to moderate income first -time homeowners. *15. Consideration of a Resolution authorizing execution of an agreement with the Yakima School District for two additional School Resource Officers RESOLUTION NO. R- 2010 -93, 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 two additional school resource officers. *16. Consideration of a Resolution authorizing sole source procurement from ITT - Sanitaire for new diffuser membranes RESOLUTION NO. R- 2010 -94, A RESOLUTION authorizing the purchase of new diffuser membranes to be used to allow air flow from the blower piping into the wastewater to supply oxygen to the biological treatment process. Total cost is $27,650.00 (plus sales tax) as a Sole Source purchase without calling for bids. *17. Consideration of a Resolution affirming existing goals, policies, and practices providing for the reduction of greenhouse gas emissions RESOLUTION NO. R- 2010 -95, A RESOLUTION by the Yakima City Council to confirm goals, policies, and practices by the City of Yakima that are identified in the Yakima Urban Area Comprehensive Plan 2025, and supporting documents which foster sustainability and reduce greenhouse gas emissions for consistency with the requirements of RCW 70.235.070, the distribution of funds for infrastructure and capital development projects — prerequisites, as directed by the Washington State Department of Transportation in City applications for state grant funding of projects. *18. Consideration of Resolution authorizing grant application for Phase 3 of upper Kiwanis Park project. RESOLUTION NO. R- 2010 -96, A RESOLUTION authorizing application(s) for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Recreation and Conservation Office (RCO) as provided in Chapter 79A.15 RCW, Acquisition of Habitat Conservation and Outdoor Recreation Lands. 6 295 JULY 20, 2010 *19. Consideration of Finance reports: A. Revenue and Expenditure Report for May 2010 B. First Quarter Revenue and Expenditure report C. First Quarter Accounts Receivables The Finance reports were accepted. *20. Approval of Final Contract payments (Standard Motion V -B — Accept the project and approve the final payment) for Capitol Hill Irrigation System Improvements — Project No.: 1R2257 The report from Huibregtse, Louman Associates, Inc., dated July 9, 2010, with respect to the completion of the work on the Capitol Hill Irrigation System Improvements, performed by TTC Construction, LLC, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *21. Set date of Public Hearing for August 3, 2010 at 3:00 p.m. to amend the six - year Transportation Improvement Program (TIP) RESOLUTION NO. R- 2010 -97, A RESOLUTION fixing the time and place for hearing for August 3, 2010 at 3:00 pm in the Council Chambers at City Hall on an amendment to the 2011 through 2016 Six Year Transportation Improvement Program (STIP). ORDINANCES *22. Consideration of an Ordinance to vacate southerly eight feet of E "A" Street right -of -way ORDINANCE NO. 2010 -32, AN ORDINANCE vacating, with conditions, a certain tract of real property identified as the southerly eight feet of East "A" Street right -of- way lying westerly of Naches Avenue and easterly of The Lofts Condominiums, Yakima, JEM Development Real Estate, Inc. and Naches Hotel LLC as applicants herein. *23. Consideration of an Ordinance relating to Traffic, dealing with hit and run driving, adopting RCW sections to comply with recent statute revisions ORDINANCE NO. 2010 -33, AN ORDINANCE relating to Traffic; repealing chapter 9.45, entitled, "Hit and Run Driving," and amending section 9.46.020A, entitled, "Deletions to the Model Traffic Ordinance," of the City of Yakima Municipal Code; thereby adopting those Revised Code of Washington sections dealing with accidents and the reporting of accidents. 24. Other Business Council Member Ettl referred to Item No. 8 (Police Department Emphasis Patrol report) to stress the importance of the decreased crime rates. 7 296 JULY 20, 2010 Mayor Cawley referred to discussions relating to City Manager Zais' retirement and the question of whether it would be a good time to change the City's form of government. Because it is appropriate to make a decision on the form of government before recruiting a new city manager, he suggested a study session be held to discuss the various forms of government. It was strongly suggested by Council members that the study session be facilitated by someone who is informed and non - biased, e.g. Stan Finkelstein from the Association of Washington Cities. CAWLEY MOVED AND ENSEY SECONDED TO HOLD A STUDY SESSION AS SOON AS POSSIBLE TO LOOK AT THE DIFFERENT FORMS OF GOVERNMENT. City Manager Zais clarified that if it was determined that a change in the form of government was desired, it would require going to a vote of the people. Because of the timing, it would possibly require a special election in 2011. The motion carried by unanimous voice vote. Adjournment EDLER MOVED AND ENSEY SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR TEN MINUTES FOLLOWED BY ADJOURNMENT TO AUGUST 3, 2010 AT 2:00 P.M. The motion carried by unanimous voice vote, Coffey absent. Executive session adjourned at 9:35 p.m. The business meeting adjourned at 9:42 p.m. READ AND CERTIFIED ACCURATE BY (. COUNCIL MEMBER DATE COUNCIL MEMBER DATE ATTEST: • irkta, CITY CLERK MICAH CA LEY, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 8