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
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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.
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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.
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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.
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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.
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*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.
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*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.
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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
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