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Home My WebLink About09/03/2013 05Ai Draft Council Meeting Minutes ApprovalBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.. I(4'C For Meeting of: 9/3/2013 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: See attached minutes Approval of the minutes from the May 5, May 21, June 4, June 18 and July 2, 2013 City Council Business meetings and June 11, 2013 Study Session. Sonya Claar Tee, City Clerk Resolution: Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Public Trust and Accountability Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: ATTACHMENTS: Description ❑ 5-7-13 minutes Upload Date 8/19/2013 Type Cover Memo El 5-21-13 minutes 8/19/2013 Cover Memo El 6-4-13 minutes 8/19/2013 Cover Memo El 6-11-13 minutes 8/19/2013 Cover Memo El 6-18 minutes 8/23/2013 Cover Memo D 7-2 minutes 8/23/2013 Cover Memo YAKIMA CITY COUNCIL May 7, 2013 Council Chambers -- City Hall 5:30 PM Executive Session; 6 PM Business Meeting; 7 PM Public Hearing MINUTES Back Print EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover 2. Executive Session regarding pending litigation Executive S: hel rned BUSINESS 1. Roll Call Council: Ma • - Caw - , presi• •, Assistant ar Maureen AcfRfson, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Proclamations i. Proclamation of appreciation for Donna Moultray Mayor Cawley read a proclamation of appreciation for Donna Moultray. Ms. Moultray accepted the proclamation and thanked Council for her long partnership with the City of Yakima. ii. National Peace Officers Memorial Day Mayor Cawley proclaimed May 15, 2013 as National Peace Officers Memorial Day. Chief Rizzi thanked Council and introduced Officer Adams who accepted the proclamation on behalf of the dedicated men and women at the Yakima Police Department. Mayor Cawley invited the public to a Peace Officers event on Wednesday, May 15 at 11:30 at the Yakima Police Department. B. Presentations/recognitions/introductions i. Recognize City/County Purchasing Manager Sue Ownby and Payroll Officer Diane Schmitt for 25 years of service to the City of Yakima Page 1 of 13 Finance and Budget Director Epperson introduced City/County Purchasing Manager Sue Ownby and Payroll Officer Diane Schmitt and thanked them for their 25 years of service to the City of Yakima. ii. Recognition of the Employee's Welfare Benefit Board, Cheryl Ann Mattia & Gretchen Peterson -Lee for etablishment of the Mi -care Clinic Mayor Cawley recognized Deputy Human Resource Manager Cheryl Ann Mattia and the City of Yakima Insurance Board members for their work on the Mi -Care Clinic, which has earned the National Public Employer Labor Relations Association 2013 Pacesetter Award. C. Status reports on prior meeting's citizen service requests i. Code Administration Manager Joe Caruso's response to complaint from Doug Lemon (verbal) Code Administration Manager Caruso spoke in response to a citizen complaint from Doug Lemon at a previous Council meeting. He feels he is speaking for all City employees when he says Council meetings are not the right venue for a citizen to complain about City employees. Mayor Cawley sympathized, but believes every citizen has the right to speak on any topic. Council Members Coffey and Bristol feel it is inappropriate to complain about City employees at Council meetings. Council Member Ettl noted they have barred other citizens from speaking at Council meetings based on their conduct until they have apologized. Additionally, the repetitious and unfounded complaints undercut legitimate complaints and the proper venue for those type of complaints is with the City - . If a nhapp ith the se, the complainant can then be ecte• he ouncil. ayor ey no the large cr d attending and deferred this item to 4. Council Re ittee Mrom March 28W013 Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 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 items were removed from the consent agenda. B) Resolution approving Amended Agreement with The Watershed Company for professional services relating to Shoreline Master program update and support services 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: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. A. Consideration of approval of City Council Meeting Minutes i. Approval of the minutes from the February 5 and 19, March 5 and 19, April 2 and 16, 2013 City Council Business meetings and February 26 and March 26, 2013 Study Sessions Page 2 of 13 The minutes of the February 5 and 19, March 5 and 19, April 2 and 16, 2013 City Council Business meetings and February 26 and March 26, 2013 Study Sessions were approved, having been duly certified accurate by two Council members, with no one present wishing to have said minutes read publicly. B. Resolution authorizing a Lease Agreement with Pacific Meter Services, Inc. for the rental of the Race Street Fire House RESOLUTION NO. R-2013-050, A RESOLUTION authorizing the City manager to execute a lease of the "Race Street Fire House" property to Pacific Meter Services, Inc., to facilitate advanced water metering infrastructure installation work C. Resolution authorizing an agreement with Camille Becker to Provide Target Zero Manager Duties to the Washington Traffic Safety Commission through the Yakima Police Department RESOLUTION NO. R-2013-051, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Agreement with the Camille Becker to provide Target Zero manager duties to the Washington Traffic Safety Commission through the Yakima Police Department D. Resolution authorizing an interlocal agreement with the Yakima School District for continuation of School Resource Officer services for the 2013-2014 school year RESOLUTION NO. R-2013-052, 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 2013-2014 school year E. Resolu an Ion the W SA for the purchase of esting Requirements of RESOLUTI' - 01 '53, A UTIO rizing a Sole urce Procurement between the City of Yakima and Metrohm USA for the purchase of an Ion Chromatograph (IC) System specific in meeting the Regulatory Testing Requirements of the Wastewater Division F. Resolution authorizing a Sole Source Procurement with APSCO for the purchase of Wemco Primary Sludge Recirculation Pumps for the Wastewater Division RESOLUTION NO. R-2013-054, A RESOLUTION authorizing a Sole Source Procurement between the City of Yakima and Apsco for the purchase of Wemco Primary Sludge Recirculation Pumps for the Wastewater Division 6. Audience Participation Lonnie Davis, resident of Puyallup, WA, noted the rumors in the paper about Track 29 are not all true. He stated he has found criminal activity on the part of Umpqua Bank and believes they are unethical. He stated they are having a jamboree at Track 29 on Saturday and invited the community to attend. Lynn Kittelson, City resident, apologized to Joe Caruso and stated she thinks the actions of the citizen are uncalled for. She invited Council and the community to attend an art show on the North side of 3rd Street & Yakima Avenue on May 12 from 9 a.m. to 3 p.m. Her last issue to discuss is regarding Track 29. She thinks there is something wrong with what is happening there and believes it is a destination landmark in Yakima. Jessica Navidad, non resident, and Zach Morehead, City resident, stated they are studying how citizens can participate in their government at Davis High School. They believe there is an overconsumption of plastic shopping bags and invited Council and the community to attend their presentation on May 13 from 10:20 to 11:20 at Davis High School. They would like input on what Page 3 of 13 they believe is a local environmental problem. Tony Sandoval, City resident, stated he is President of the Historic North Yakima group and feels the women business owners have been terrorized at Track 29. He loves Track 29 and referred to a poll conducted by the Yakima Herald about Track 29. He stated they will fight with everything they have in order to keep Track 29 open. Bill Duerr, City resident, believes Council should consider what Joe Caruso requested. He thanked Joe Caruso, Code Enforcement, ONDS and Refuse for the clean-up project this past weekend. Ben Shovel, non resident, stated he is passionate and aggressive and hopes the Council can put that aside as he is one of seven people who volunteered to be on the City's Planning Commission. He believes one of the most important aspects of the Planning Commission is to process and make recommendations to update or improve the Comprehensive Plan. He thinks this drives the economy with jobs and sales tax revenue and that there are many valuable projects which cannot go forward. He requested that Council reconsider opening the Comprehensive Plan process for 2013. Tom Durant, non resident, owner of a business inside the City limits, reported he is a land use consultant and echoed Mr. Shovel's request. Sandy Belzer Brendale, unknown residency, asked if the City has an ordinance that opens the Comprehensive Plan process each year. She invited Council and the community to attend a Yakima County Republic Liberty Caucus hearing with KrisAnne Hall on May 16, 2013 at Howard Johnson Pla Craig Carrot with their bu business wa likes the ven down the ro PUBLIC HEARINGS shu believ er to - sure the uld be ntown b rtscenter, rep ay nig well as the b ed differently ses don't suff ed a challenging issue The entrance to his iness next to his. He the future, or moved 7. Closed record public hearing to consider the Hearing Examiner's recommendation for the denial of a requested right-of-way Vacation of N 2nd Avenue requested by Hops Extract Corp. of America City Attorney Cutter advised Council they are entering into a quasi-judicial panel process of a closed record public hearing and it is Council's job to make the ultimate decision. He asked if any Council members have had ex parte communication with either party, and if so, to identify the nature of the contact. Council Member Lover stated he went to the site, found Mr. Hordan was there and they had a conversation about where the boundaries were. Mr. Cutter asked Mr. Lover if this would affect how he decides the issue. Mr. Lover responded it would not. Council Member Coffey stated she received an email from Mr. Buchanan and a phone call from the Yakima Herald -Republic reporter. Mr. Cutter asked if she made any decisions based on the email and whether it affected her decision. Ms. Coffey stated it did not. Mr. Cutter asked if the discussion with the reporter changed her decision in any way. Ms. Coffey stated it did not and added that she watched the hearing, which was part of the record. Council Member Bristol noted she also spoke with the Yakima Herald -Republic reporter, and it did not affect her decision. Mr. Cutter asked Council if they had made a pre -determination on this issue with respect to the article in the Yakima Herald -Republic. Council unanimously responded no. Page 4 of 13 Community Development Director Osguthorpe noted this is a requested vacation of property and the Hearing Examiner recommended denial of the application. Mark Fickes, Partner in Halverson Law, spoke on behalf of the applicant, Hops Extract and made the following comments (paraphrased): This is a relatively standard petition, which was reviewed by the City's design team, and the staff report recommended approval. The only thing unusual in this case is the person who opposed the vacation --former Mayor Lynn Buchanan and his friends and family. I am disappointed in the Hearing Examiner's recommendation. The Council has three options: reject the Hearing Examiner's denial and approve the vacation, remand this issue back to the Hearing Examiner for further review, or accept the Hearing Examiner's recommendation. I hope the Council members have an open mind and are doing their job in reviewing the record, which is a quasi-judicial procedural issue. I am disappointed to read the article in the Yakima Herald -Republic stating this request would likely be denied by Council, since it is similar to the one from Roche Fruit a year -and -a -half ago. I believe the only difference between the two requests is that only a few people opposed the Roche Fruit request, whereas former Mayor Lynn Buchanan is now opposing Hops Extract's request. Several Council members and the City Manager have openly questioned why the City is giving away the property at half its value. The answer is simple; it is because Council chose to accept one-half of the appraised value in a 2007 resolution. Therefore, they couldn't pay more for the property if they wanted to. Council chose to do this for economic development purposes. (Mr. Fickes read the agenda statement from the 2007 council agenda then continued his comments). If the current request isn't approved, my client will need to look at other locations to meet long term needs as Yakima is competing with Union Gap, Sunnyside, and Moxee, which are closer to the agriculture base than Yakima. My clients would prefer to stay, but their decision will require a balancing of interest. The Hearing Examiner was fixated on public benefit, and there is benefit in a street vacation petition when the ut ba • • • - • reasin • - •• • • - • 'ding safety and ed for s u - -r an explosion at vacated pro efficiency to the facility: t there is plen request, whi tax rolls, t was uch icke rs use will lose pariso ed his comm and it's conv argument. He opposition. • - • 'ac • ing s- t , use th alternative r• - • ailable. r. Buch - - has the access point; however, to the Roche Fruit ts.) This boils down to ent but there are elieves the Hearing Examiner was wrong. If someone opposes the request, it doesn't mean the Hearing Examiner has to say no. Mr. Buchanan is worried about visibility and trucks using North Second Avenue to back into his warehouse. They are willing to set a non -obscuring fence back 140 feet; however, most of the trucks backing into Buchanan Warehouse use "D" Street. Mr. Buchanan believes the City staff report is sufficient and asks that the Hearing Examiner's decision be rejected. He noted Council Member Bristol referred to a request regarding security measures and stated Hops Extract has never received a formal request from the City about security measures. The answer is this vacation request. Gating the street is the most efficient and cost effective way to secure the Hops Extract facility; customers audit their facilities and need to see a secure area. Dave Dunham, General Manager of Hops Extract, spoke on behalf of their request and made the following comments (paraphrased): I was born and raised in Yakima and have been employed for 16 years by Hops Extract, a wholly owned subsidiary of S.S. Steiner, which has been in business for 170 years. The primary business of Hops Extract is producing concentrated hop resins, which are harvested for brewers worldwide. We have a 24 -hour -a -day 7 -day -a -week schedule and a good track record of economic growth and development. The vacation of North Second Avenue is very important to us as we have cold storage warehousing on both sides of the street and recently purchased the Washington Fruit building on the west side. We have been dealing with increased security and safety concerns and the guidelines for security are specific. The simple solution, which is the most effective and least expensive, is to install fencing and minimize the number of entrances to non-public areas. I believe we are at a competitive disadvantage with a street running through our property. Without the street vacation, we will consider moving to a centralized area. I feel the use of North Second Avenue for trucks backing into Buchanan's Warehouse are exaggerated as I have not witnessed that in the 16 years I have worked there. Page 5 of 13 Bill Hordan, City resident, stated he prepared and submitted the application on behalf of Hops Extract and made the following comments (paraphrased): As industrial uses continue to grow in this area, known as Fruit Row, there has been a need for Hops Extract to expand; unfortunately, there is little room to grow. Many of the businesses in the area have had to acquire adjoining properties until they owned an entire block, which can make the facilities become disjointed and no longer contiguous to themselves. This makes it difficult to operate because safety, security and efficiency become an issue. This right-of-way vacation can close this gap by creating one large industrial operation that can be adequately secured and efficiently run. This request is being made for the same reasons that Roche Fruit and Washington Fruit requested right-of-ways and is consistent with their two right-of-way vacation applications, which were ultimately approved. It is important to keep the industrial base downtown and do what is necessary to accommodate their needs and protect their investment. This vacation is a pro -economic development tool to encourage growth and retain existing business. Some of this is generated by the Food Modernization Act being pushed by the Federal Government to ensure food is not intentionally contaminated. Food purchasers express the importance of safety and security concerns when they inspect the business operations; this is a trend that will continue. Right-of- way vacations provide the opportunity for the businesses to expand and keep this area viable for industrial users; they also keep the employees safe from persons and vehicles traveling through the middle of their work place. The City has approved vacations for these reasons in this area in the past, and should continue. The City staff was correct when they recommended approval of this project and encouraged Council to do the same. Tyler Hinckley, partner at Montoya Hinckley, spoke on behalf of Lynn Buchanan of Buchanan Warehouse, Ltd. and 115 Trust in opposition of the vacation and made the following comments (paraphrase • • case i ly import- •t to Bu - • • - - • • Michelson Packaging, • •igg ies in City. n• • • criteria to be met with this app ation is bl benefit his p • • -d va tion provides ro public benefit. It is purely to be it a priv - has -n r y law i he State of Washington that "the ord of vac. n st h- wit el ent of public -." This requested vacation is s - •riv. - purp• • being 1 st expensive . d most effective option for Hops Ext - • •es not -ke it the • - option f• h citizens of Ya a. The purported public benefits that Hops Extract has claimed in its application --to connect disjointed properties to create a Targe contiguous property and to expand and protect industrial development in the area- -provides no public benefit. This idea of compliance with the Food Safety Modernization Act is misleading. There is no regulation that requires Hops Extract to fence off North Second Avenue, no regulation or proposed rule or otherwise that would require them to fence off their entire operation. The guidelines on the FDA's website, state they are proposed guidelines and are non- binding recommendations. As an alternative to fencing the property, the FDA states an organization can add a security guard, screen the entrances, hire additional surveillance, conduct security checks, and install security cameras. Another benefit purported by Hops Extract is the protection of food grade products, or food safety. There is nothing in the record and nothing in the application that says that the product currently being processed at Hops Extract is not safe. There is nothing in the record that says there's been any evidence of tampering with their product. Today is the first time we've heard that the inability to expand might quell their hiring of additional employees, but that is not part of the record. It wasn't presented to the Hearing Examiner and should be ignored. The other purported benefit, added after the hearing, was the additional tax revenue. Under that rationale, anytime there is a public right-of-way vacated and placed into private hands, there is an increase in property tax revenue. That, in and of itself, is not sufficient to justify vacation of a public right-of-way and is not consistent with the five criteria set forth by the City, and it is not consistent with state law. Hops Extract has indicated the benefits that allowed the Roche application to carry through were improved public safety and increased production, but the main reason that it passed was probably that there was no substantial opposition. You see the same language in both applications; just because it wasn't strenuously objected to in Roche doesn't mean that is a sufficient reason for finding public benefit. The record shows that if North Second Avenue is vacated, the owners of Buchanan Warehouse expect to lose scale traffic and may be forced to shut down scale operations. If that Page 6 of 13 is the case, there will be no more commercial scales in the City. Trucks will be required to drive to Union Gap on City streets and weigh to make sure they are within the legal limits, causing potential public detriment to City streets. There are only two out of the five criteria that are at issue here. Petitions should be consistent with the Six-year Transportation Improvement Plan (TIP) and the Urban Area Comprehensive Plan. Just because the Six-year TIP doesn't have planned improvement for North Second Avenue doesn't mean vacating it is consistent with the plan as the plan assumes North Second Avenue will be there. Additionally, in the record is a letter from Mr. Corbin, of Continuous Gutter and Roofing, who says the only way to get a semi - truck close to the warehouse is to back onto the property via North Second Avenue. There is no other record evidence that says it is not proper or that trucks don't back from North Second Avenue onto Buchanan Warehouse property. Therefore, the comments made by Counsel and Mr. Dunham today were not part of the record and should be ignored. Mr. Wilkes, owner of Carpet Pro's, is in the record as saying he cannot reasonably access Buchanan Warehouse without backing from North Second Avenue onto the Buchanan Warehouse property. Furthermore, if the street is vacated, along the South edge of "D" Street, regardless of how far Hops Extract sets back a fence on North Second Avenue, anybody who travels onto Hops Extract property without permission is trespassing. Mr. Buchanan's clients would be trespassing even with a 100 foot setback, as there is no easement granted to Buchanan Warehouse to use North Second Avenue. Council should follow the recommendation of the Hearing Examiner and deny the petition to vacate North Second Avenue. Lynn Buchanan, City resident, spoke in opposition of the street vacation. He made the following comments (paraphrased): There was an 11 -month closure of North Second Avenue because of the explosion at Hops Extract; however, it wasn't really closed as there were trucks going back and forth. The City spent the taxpayers' money to get a 26 -page report from the Hearing w con • own heg inste re th l - ries a a city alive. If you Examiner, a are a circula cut off enou Taxpayers h road, going t went to a gr street we ha rson hired. Streets will ly go where t years. to the north narro -te stre in e '40s and '5 y. The • •sinesse • ting on • econd Aven can travel freely. tarted out as a dirt e of "D" Street. Then it and finally to the wide used it as access for Fire, Police and other emergency vehicles. I have two sets of pictures of Hops Extract when they have had a major fire; both show North Second Avenue was wide open and the emergency vehicles filled it up, spilling onto "D" Street. If the street is removed from public domain, there will not be room for those vehicles, especially if a fence is there. It will not protect the life and safety aspects of Hops Extract, nor will it protect the life and safety of the businesses that surround that area. Closing this block of North Second Avenue will close one-third of the access points to his business and will also set a precedent for closing North First Avenue and "D" Street, as there are several businesses that own property on both sides of those streets. The City is spending over $40 million on two underpasses because the trains will close "D" Street and other City streets eight hours a day. That is another access to his business. If his scale business drops anymore it will be shut down, which will leave one commercial scale in Union Gap. Review item nine in your packet and see what happens when overloaded trucks use city streets. Go back to some of the pictures submitted in the hearing and see who was pumping out overloaded trucks. Hops Extract trucks frequently weigh in over the 105,000 -pound limit. Mayor Cawley stated they have heard from the petitioner and the opposition and opened the closed record public hearing to the public. With no one coming forward, Mayor Cawley closed the hearing. Council Member Bristol asked if the Food Safety Modernization Act is a requirement or a recommendation. Mr. Dunham stated it is a recommendation. City Attorney Cutter stated Council can ask questions as long as they were reflected in the record. Council Member Bristol asked Mr. Fickes about his memorandum on the argument with public benefit, where he stated the burden is on the challenging party to demonstrate there is a Page 7 of 13 complete lack of public benefit. Mr. Fickes stated (paraphrased): There is very little case law and what little there is indicates there has to be a public benefit. Mr. Fickes disagrees with Mr. Hinckley's interpretation, and thinks if this Council decided to approve the street vacation petition, there is ample public benefit. Council Member Bristol asked if Mr. Fickes is asking them to interpret the public benefit as being the improved food quality, security at the private facility and the increased property tax that the City would receive. Mr. Fickes said yes, but clarified that he is not saying it is Council's job to determine if it is sufficient. He indicated putting the property back on the tax rolls and not having to maintain it was a sufficient public benefit in another case, which is in the record. Mayor Cawley noted City staff is recommending approval and the Hearing Examiner is recommending denial, so this will be a tough decision to make. Council Member Ettl stated the legislative body still has to follow the rules and the guidelines regardless of whether a vacation is opposed vigorously or not. Assistant Senior Attorney Kunkler noted the Hearing Examiner's recommendation referred to a number of prior decisions he had rendered in the area of street vacations which were referred to by case number, some of which were upheld and some of which were denied, so the reference is probably to one of those case numbers where the vacation was granted. City Attorney Cutter added his interpretation: while the Hearing Examiner referenced a number of cases in his decision, if he didn't speak to elements of those cases, then the attorney's view of what those elements might have been would be speculative and not part of the record. Mayor Cawley noted they need to render a decision to either accept the Hearing Examiner's recommendation, to deny it, or to remand it and ask him to bring it back to us. City Attorney Cutter state • • - . a rem- • • . cil woul• •eed to t element of the issue they w Council Me brother -in -la at one e . d sh Cawley ask= • = . ug it was Coffey state • •. i y Atto -y Cutte g her a ed that a as Mr. uchanan was her ould not be i Ived in this. Mayor make a fair d ision. Council Member s the questio Assistant Mayor Adkison indicated concern that Council is not being consistent as they were with Roche Fruit and Washington Fruit. Ettl moved and Adkison seconded to reject the Hearing Examiners decision and accept the petition to vacate. Council Member Bristol stated she will be voting no and believes they should move forward with the Hearing Examiner's decision and doesn't think the threshold for public benefit has been met. Council Member Lover stated this isn't black and white; however, the safety and efficiency hit him and he understands that. He thinks it is a benefit, and most important to him is the economic growth. Council Member Coffey stated she will be voting against the Hearing Examiner's decision as she thinks there is enough public benefit which will warrant the vacation, especially in looking at Roche Fruit and Washington Fruit. City Attorney Cutter stated there are several requirements that must be met on a vacation and the property right transfer will happen once the compensation and steps have been met. Motion: Other, Moved by Council Member Dave Ettl, Seconded by Assistant Mayor Maureen Adkison. Carried 4-3. Council Members voting Aye: Adkison, Coffey, Ettl, Lover. Council Members voting Nay: Bristol, Cawley, Ensey. CITY MANAGER'S REPORTS Page 8 of 13 8. Resolution approving Amended Agreement with The Watershed Company for professional services relating to Shoreline Master program update and support services Council Member Lover asked why the City needs this agreement. Community Development Director Osguthorpe responded this is a state mandate, which is funded partially by the state. The City Clerk read the resolution by title. RESOLUTION NO. R-2013-055, A RESOLUTION pertaining to Shoreline Master Program; authorizing the City manager to execute an amended agreement between The Watershed Company and City of Yakima for professional services for update of Shoreline Master Program Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Adopted 6-1. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl. Council Members voting Nay: Lover. 9. Action Plan for North 1st Street Community Development Director Osguthorpe briefed Council on the plan. After Council discussion, Bristol moved and Ensey seconded to remand this issue to the Council Built Environment Committee. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 10. Consideratio• mere- e Educat • Progr Chief Rizzi i After Counci iscussi , C e • ved co ed to appro the program. Motion: App -d b ayor awley, -c ded by Coun Member Kathy Coffey. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 11. Resolution amending contract with the Humane Society of Central Washington Codes Manager/Fire Marshal Caruso briefed Council on the issue. The City Clerk read the resolution by title. RESOLUTION NO. R-2013-056, A RESOLUTION authorizing the City manager to execute Amendment No. 1 to Animal Control Agreement with Humane Society of Central Washington Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 12. Resolution authorizing agreement with Huibregtse, Louman Associates for engineering services at the Yakima Airport Interim Airport Manager Peterson briefed Council on the contract. Mike Battle of Huibregtse Louman and Associates reminded Council this contract will allow them to start the project; however, the FAA is still working on the final design standards. The City Clerk read the resolution by title. RESOLUTION NO. R-2013-057, A RESOLUTION authorizing the City Manager to execute an Engineering Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed $181,200.00 for Engineering Services for Alpha Taxiway Rehabilitation Page 9 of 13 Construction Project AIP 3-53-0089-33 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 13. Resolution authorizing an agreement with the Washington State Recreation and Conservation Office for a grant of $209,620 for improvements related to Phase 2 of the Riparian Zone Outfall Alternatives at the City's Wastewater Treatment Plant Utility Director Debbie Cook introduced Utility Engineer Ryan Anderson who briefed Council on the issue. The City Clerk read the resolution by title. RESOLUTION NO. R-2013-058, A RESOLUTION authorizing the City Manager to execute an Agreement with the Washington State Recreation and Conservation Office and City of Yakima for a grant of $209,620 for improvements related to Phase 2 of Riparian Zone Outfall Alternatives at the City's Wastewater Treatment Plant Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 14. Resolution authorizing acquisition of conservation easement along a portion of Cowiche Creek for watershed protection, authorizing expenditure of up to $70,000 in water enterprise funds for such acquisition, and authorizing the City Manager to negotiate and execute all documents necessary a - •riate -- •fish su•-cquisi Assistant Cit The City Cle RESOLUTI • ' • - -201 -+59, A • LUTION - tI1 rizing acquisitTSn of conservation easement along portion of Cowiche Creek for watershed protection, authorizing expenditure of up to $70,000 in water enterprise funds for such acquisition, and authorizing the City Manager to negotiate and execute all documents necessary and appropriate to accomplish such acquisition Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. ORDINANCES 15. Ordinance authorizing the issuance and sale of a Limited Tax General Obligation Bond of the City in the principal amount of not to exceed $5,000,000 for the purpose of financing costs of street improvements in the City; providing the form of the bond; and authorizing the sale of the bond to U.S. Bank National Association Finance and Budget Director Epperson briefed Council on the item and introduced Deana Gregory from Pacifica Law Group who discussed the issue in more depth. Council Member Coffey stated she is not comfortable using general funds to support a bond. The City Clerk read the ordinance by title. ORDINANCE NO. 2013-017, AN ORDINANCE of the City Council of the City of Yakima, Washington, authorizing the issuance and sale of a Limited Tax General Obligation Bond of the City in the principal amount of Not to Exceed $5,000,000 for the purpose of financing costs of street improvements in the City; providing the form of the bond; and authorizing the sale of the bond to U.S. Bank National Association Page 10 of 13 Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Passed 6-1. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members voting Nay: Coffey. 16. First reading of an Ordinance amending the 2013 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various Funds for expenditure during 2013 as noted in the summary attached (no action required at this meeting; second reading scheduled May 21, 2013). An Ordinance amending the 2013 budget and appropriating funds, was read by title only, and laid on the table until May 21, 2013 for a second reading. The City Clerk read the ordinance by title. AN ORDINANCE amending the 2013 budget for the City of Yakima; and making appropriations from Unappropriated Fund Balances within various funds for expenditure during 2013 to provide for 2 additional animal control officers; an additional Police Sergeant for the School Resource Officer program; additional costs to reconfigure the Franklin Park parking lot; and participation with Cowiche Canyon Conservancy to purchase undeveloped property for water quality purposes 17. Ordinance amending section 9.70.190 of the Yakima Municipal Code regarding Special Events & Parades City Manager O'Rourke explained the changes to the ordinance, which would help recover some of the costs of police security, traffic control and clean-up. Council Member Ettl stated he has checked with other cities, some of which have a 100% cost recovery. Brian Canfie already exp it parade, which is John Coope , - - . the Witor Ce , peaking - klalf of the Sps Commission, stated they are a downtown partner and sponsor one of the biggest events in Yakima, the Hot Shot Tournament, which is in their 11th year and brings over 10,000 people to the community. When groups are classified in different areas, they should all be held to the same standards. Heidi Anderson, with Children's Wishes and Dreams, stated they are 100% volunteer operated, have never had an incident of any kind, and provide a certificate of insurance. Since 2005 they have granted 137 wishes and if they had to provide funding there would be less wishes granted. Joe Mann, City resident, has worked on parades for 15 years and is currently the president of the lighted Christmas parade. He agrees with ranking of categories; however, most parades are a community celebration. TJ Davis, City resident, owner of Shorty's, stated if they are put into category B, they would be looking at roughly $3,500, which their budget wouldn't allow for. They are attempting to obtain some sponsors and wondered if there were any alternatives such as using police cadets or reserve officers. They are hoping to combine their event with others and have an annual kick-off celebration. He noted some of the draft ordinances are based on the West side where they have a larger community base to draw from. Linda Davis, City resident, owner of Shorty's, stated their event will help promote and bring people downtown on a weekend, when it isn't busy. Council Member Coffey stated she didn't think they were ready to approve this ordinance and is uncomfortable with the ambiguity. Mayor Cawley feels this would provide more clarity. City Manager O'Rourke explained the draft provided lists definitions for each category that were self Page 11 of 13 explanatory. The City Clerk read the ordinance by title. Bristol moved and Coffey seconded to send this issue to the Council Economic Development Committee to be considered in conjunction with the Downtown Plan. AN ORDINANCE relating to special events; amending Section 9.70.160 regarding insurance requirements for special events, and Section 9.70.190 of the Yakima Municipal Code regarding special event fees Motion: Other, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 18. Ordinance amending Section 9.25.020 of the Yakima Municipal Code regarding designation of permissible open cruising events on Yakima Avenue Economic Development Manager Hawkins explained the changes to the ordinance. Mayor Cawley noted Javier Gonzalez put in a note requesting a cruise application for July 20. Council Member Bristol stated the City banned cruising several years ago after a shooting. She recently spoke with Captain Copeland who confirmed the shooting did not involve participants and people can't live in fear of what might happen. Mayor Cawley noted this should reflect the increase in police overtime budget for this event. The City Cle - - • he or• • - • - title. Bristol mov club cruise rdinance to ous r lude the Locos Car call vote. ORDINANC • -01 AN 0 1 CE re in o traffic contr and open cruising; amending S- • •.25.02S •f the Ya - Municip- e regarding d ignation of permissible open cruising events on Yakima Avenue Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Passed 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 19. Other Business A. Citizen survey questions and options City Manager O'Rourke noted the two questions on the agenda item for the citizen survey. Council Member Lover asked if they need to pay for the extras. Council Member Bristol said she doesn't like to spend the money either, but thinks they should have one for comparison to the previous year's survey. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Carried 6-1. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl. Council Members voting Nay: Lover. *Council Member Ensey stated the City decided earlier not to accept Comprehensive Plan amendments. He feels they made a mistake and didn't do this in a transparent manner. In the past, the City consistently accepted amendments and there was no public notification that the City wouldn't be accepting them. Council Member Coffey asked if there were people who would be filing amendments. Council Member Ensey replied no one filed amendments because they were waiting for the City to open up the process. City Manager O'Rourke stated they are not opposed to opening the process, but they should Page 12 of 13 determine what volume of work they are looking at given the current workload. If there are a dozen, it may require a re -prioritization to staff. Staff will research and bring back more information at the next Council meeting. Council Member Ettl asked if the City violated an ordinance by not opening up the process. City Attorney Cutter stated the City did not violate any ordinance. Ensey moved and Lover seconded to open up amendements to the Comprehensive Plan. Motion failed 4 to 3 with Ettl, Bristol, Cawley and Coffey voting no. Coffey moved and Ettl seconded to direct staff to report back at the next meeting any interest by the developers to open the Comprehensive Plan process. Motion: Other, Moved by Council Member Kathy Coffey, Seconded by Council Member Dave Ettl. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. *Council Member Coffey stated she received a call from a citizen regarding Miller Park and a curfew ordinance and she would like more information. City Manager O'Rourke noted the City Attorney's office will see what is legally allowable and report back to Council. Council Member Lover stated this should go before the Council Public Safety Committee. *Mayor Cawley stated any time a citizen complains and states names and addresses, it is wrong and he will do his best to enforce that this doesn't happen and be respectful of staff and citizens. 20. Adjournment The meeting adjourned at 10:17 p.m. Motion: Adjo n, Mo by ouncil tuber Ens Seconded b ouncil Member Kathy Coffey. Car d 7-0. •u it Me s vo e: A ristol, ley, Coffey, Ensey, Ettl, Lover. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK COUNCIL MEMBER DATE COUNCIL MEMBER DATE MAYOR Page 13 of 13 YAKIMA CITY COUNCIL May 21, 2013 City Hall -- Council Chambers 6 p.m. Business Meeting; 7 p.m. Public Hearings MINUTES Back Print BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee Absent: C 2. Pledge of A Mayor Cawl 3. Open Discussions for the Good of the Order A. Presentations/recognitions/introductions i. Recognize volunteers Pat Huwe and Will Hollingberry with Single Track Alliance of Yakima (STAY), a non-profit group of mountain bike users and outdoor enthusiasts who have constructed several miles of hiking and biking trails on both public and private lands near Cowiche Mountain. Parks and Recreation Manager Wilkinson introduced Pat Huwe and Will Hollingberry. Mayor Cawley thanked them for their service with Single Track Alliance of Yakima and for all they have accomplished and presented them with a City Apple Award. ii. Recognition of Stanton Academy Student Thomas Ayala for Safely Extinguishing a Classroom Fire. T Deputy Fire Chief Stewart introduced Officer Henyon who brought a Stanton Academy student to the Fire Department's attention. Officer Henyon played a video for Council of Stanton Academy student Thomas Ayala calmly putting out a fire in a class room. Mayor Cawley presented Mr. Ayala with a City Apple Award and thanked him for his heroism. iii. Recognition of employee James Scott for significant contributions to the City as the City's Code Compliance Officer for the Refuse Division in his key role in the North First Street Clean Up effort. Public Works Director Waarvick introduced City employee Apple Award winner James Scott from the Refuse Division. Mr. Scott talked about the huge City-wide effort on the clean up in Yakima and thanked other divisions. Mayor Cawley presented him with a City Apple Award. Page 1 of 7 4. Council Reports i. Built Environment Committee Minutes of March 21, 2013 and April 18, 2013. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Approved 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. 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. Item J was removed from the Council agenda. 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.) Item removed from the Council agenda. Set date of June 4, 2013 for a public hearing regarding the Yakima Planning Commission's recommendation to amend YMC 15.09 related to retaining walls. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. A. Annual Report of the Yakima Fire Department. B. 1st Quarter 2013 Accounts Receivable Status Report. C. 2013- erTr '-•ort. D. 2013 1 E. Final • tract P. m: or -nno -1 C tractors, Inc.�ity's Wastewater Treat t Pla, .oil: Repla• e. (Stand. ion V-B-Acce the Project and Approve the Fin- - -nt). F. Final Contract Payment for Stephens and Son's Construction, Inc. - Project PC2212 - Kiwanis Park Ballfields Phase 3 (Standard Motion V -B -Accept the project and approve the final payment). G. Set date of public hearing on June 18, 2013 to receive public input relating to citizen demand for enhanced regulation of panhandlers within the City of Yakima. H. Set date of June 18, 2013 as the date for a closed record public hearing on the vacation of Cook Street. I. Set date of June 18, 2013 as the date for a closed record public hearing on the vacation of a portion of N. 27th Avenue and a portion of right-of-way south of Lot 11 of Wachsmith Subdivision. J. Resolution setting June 13, 2013 as the date for an open record public hearing before the hearing examiner to vacate an unnamed portion of public right-of-way. RESOLUTION NO. R-2013-060, A RESOLUTION fixing time for a public hearing before the Hearing Examiner on June 13, 2013, on a petition to vacate an unnamed portion of public right- of-way. K. Resolution to set the dates of June 4, 2013 and June 18, 2013 to consider: A) Adoption of the Six-year Transportation Improvement Program for the years 2014 to 2019 and amend the Metropolitan Transportation Plan; and B) Amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element. RESOLUTION NO. R-2013-061, A RESOLUTION setting the times and place for hearings on Page 2 of 7 June 4, 2013 and June 18, 2013 in the City of Yakima Council Chambers to review and adopt the Six-year Transportation Improvement Program and amend the Capital Facilities Element of the Yakima Urban Area Comprehensive Plan for the period of 2014 to 2019. L. Resolution authorizing agreement with Huibregtse, Louman Associates for engineering services at the Yakima Airport. RESOLUTION NO. R-2013-062, A RESOLUTION authorizing the City Manager to execute an Engineering Services Agreement with Huibregtse, Louman Associates, Inc. (HLA), in the amount not to exceed $99,484 to provide Engineering Services for Terminal Apron Rehabilitation Construction project AIP 3-53-0089-35 M. Resolution authorizing agreement with Roland Resources for Professional Services with the Yakima Air Terminal. RESOLUTION NO. R-2013-063, A RESOLUTION authorizing the City Manager to execute an On-call Agreement for Professional Services with Roland Resources, Inc for Land Acquisition not to exceed $23,500. N. Resolution authorizing execution of Operating Agreement between the City of Yakima and Yakima Valley Trolleys (YVT). RESOLUTION NO. R-2013-064, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Operation License Agreement between the City of Yakima and the Yakima Valley Trolleys to operate and maintain the City's electrical railway system and museum. O. Second reading of an Ordinance amending the 2013 budget for the City of Yakima; and makin• 'tion •propr d Fun us Funds for expen• re dur 2r 3 as no •int ma ORDINANC 013 b et for the City of Yakima; and aking - •ro iation om appr• iat Fund Balanc within various funds for expenditure 3 to rovide •ditiona i I control offic ; an additional Police Sergeant for the School Resource Officer program; additional costs to reconfigure the Franklin Park parking lot; and participation with Cowiche Canyon Conservancy to purchase undeveloped property for water quality purposes. 6. Audience Participation Maria Rodriguez, City resident, spoke on behalf of the Hispanic Chamber of Commerce and the Cinco de Mayo cultural festival, which was recently held downtown. She stated it was a very successful event with people attending from all areas. She thanked Parks and Recreation, Police, Fire and all the volunteers for their assistance with the event. She asked why their event was not mentioned in the City's Issues Brief. Mayor Cawley noted the Issues Brief is about City sponsored events, but this could be added. Lynn Buchanan, City resident, stated he is receiving a lot of questions from people about the 2nd Avenue street vacation and is bringing their questions to Council. Rebecca Pace, City resident, and manager of Meadow Brook Estates, asked for the City's help with pruning trees at the end of Nob Hill Blvd. between S. 79th and 80th Avenues. Mayor Cawley responded that the City Manager will look into it. Candie Turner, City resident, asked when the public hearing on the panhandler issue would occur. City Manager O'Rourke noted the hearing is set for June 18th at 7 p.m. in the Council Chambers. Bill Duerr, City resident, stated he feels the City is lacking in parking enforcement and believes the City should hire another officer. Page 3 of 7 PUBLIC HEARINGS 7. Public Hearing, and consideration of a Resolution adopting findings of fact in support of moratorium regarding Billboards and Digital Signs. Senior Assistant City Attorney Mark Kunkler briefed Council on the moratorium. Mayor Cawley opened the public hearing. Robert Lagroan, from Eugene, Oregon, with CBS Outdoor, stated he is glad to see this issue brought up and noted one of the biggest concerns municipalities have is monitoring the brightness of digital signs. He stated he or his company would be happy to have input on the new regulations and answer any questions. James Carpentier, from out-of-state, with International Sign Association, stated he doesn't believe moratoriums are a good idea in general as it has the effect of favoring businesses that already have billboards or other signs. He requested they remove the 72 -foot limitation and agreed the City needs brightness limits in our codes. He stated he would also be happy to work with staff on the new regulations and distributed a study from Texas on the Statistical Analysis of the Relationship between On -Premise Digital Signage and Traffic Safety. Neil Schreibeis, from Spokane, Wa, with Lamar Advertising, believes the City's current ordinance is very good and restrictive. Although it does need to be tweaked with respect to electronic billboards and he would be happy to help with the new codes. Charles Noel, City resident, stated the brilliance of signs are concerning and distracting to drivers. Community Metro Outdo Mayor Cawl The City Clerk read the resolution by title. from Peter Grover of RESOLUTION NO. R-2013-065, A RESOLUTION adopting Findings of Fact supporting a six- month moratorium, enacted April 2, 2013 pursuant to emergency Ordinance No. 2013-13, adopting an immediate moratorium on the acceptance of applications for the installation, erection, construction, replacement, modification, or improvement of static billboards and digital billboards using changing electronic, digital, or changeable message copy, in all zoning districts within the City of Yakima; and authorizing the City Manager to study and develop appropriate comprehensive land use, licensing or registration regulations addressing such issues for consideration by the City Council. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Adopted 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. 8. Public Hearing, and consideration of a Resolution adopting findings of fact in support of moratorium regarding telecommunications towers and facilities. Senior Assistant City Attorney Kunkler briefed Council on the moratorium. Mayor Cawley opened the public hearing. Ken Lyons from Lake Forest Park, WA and with Bush Law Firm, spoke against the moratorium and stated he was pleased to see the recent changes to federal law were incorporated in the ordinance. Their company has many cellular customers in the City of Yakima, which are critically Page 4 of 7 important to their business. Leslie Wahl, City resident, read a statement in support of the moratorium as Director of the Barge Chestnut Neighborhood Association Board and reflecting the opinion of that board. Their Association originally came to Council requesting postponement of cell tower permits until a more complete, definitive ordinance could be written that would more accurately reflect the values held by the community at large. They are also concerned that without appropriate development standards, other residential areas will be threatened by similar incompatible construction. Mike Davison, City resident, spoke in support of the moratorium and urged the City to prepare the strongest ordinance to protect the citizens. Bill Duerr, City resident, spoke on behalf of Barge Chestnut Neighborhood Association and in support of the moratorium. Charles Noel, City resident, suggested the City engineers look at Yakima as if they were putting in a sprinkler system and map out a grid. Mayor Cawley noted Council received a letter of support for the moratorium from Nancy Kenmotsu. Mayor Cawley closed the public hearing. After Council discussion, Bristol mov Lover move Motion faile The City Cle • e res • ution by m 6 ninths to 3 months. RESOLUTION NO. R-2013-066, A RESOLUTION adopting Findings of Fact supporting a six- month moratorium, enacted April 2, 2013 pursuant to emergency Ordinance No. 2013-14, prohibiting the filing and acceptance of development applications for, the installation of, and issuance of permits and approvals for, telecommunication towers, cell towers, communication towers, and facilities related to such uses, within the City of Yakima; and authorizing the City Manager to study and develop appropriate comprehensive land use, licensing or registration regulations addressing such issues for consideration by the City Council. Motion: Approve, Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Adopted 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. CITY MANAGER'S REPORTS 9. Proposed expansion of police assigned vehicle program. City Manager O'Rourke briefed Council on the proposed expansion of the assigned police vehicle program. He noted the citizen survey and public safety is one of the Council's foremost strategic priorities, which this will help address. The initial benefits are an enhanced police presence in the community, crime deterrence, improved police response times, community relations, supplement on -duty police force, reduced vehicle unit cost, enhanced police productivity and greater police morale. Council Member Coffey asked if the YPPA will come back after a few years and try to recapture the zero percent increase related to the take-home vehicles. Page 5 of 7 Officer Tony Patlan, President of YPPA, stated the proposed plan is a win-win for everyone. The Union is giving up two years of increases and will not demand it back as they are not trying to soak the City. Charles Noel, City resident, spoke against the proposal. Bill Duerr, City resident, spoke in support of the proposal. After Council discussion, Cawley moved Bristol seconded to direct staff to bring back legislation to implement the program. Motion: Approve w/ Conditions, Moved by Mayor Micah Cawley, Seconded by Council Member Sara Bristol. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. 10. Response to City Council's request from the May 7, 2013 meeting for a report regarding comprehensive plan amendments. Community Development Director Osguthorpe briefed Council on the issue and noted the next required Comprehensive Plan Amendment is due in 2017. He contacted various individuals, including Tom Durant, who spoke at a previous Council meeting, but could not find anyone with a proposed amendment. He encouraged anyone with questions about the process to contact him. City Manager O'Rourke noted if the Council would like staff to open the process, then something else will nee• • • - aken • • - in order • -ccom Ben Shovel, and stated h as it is an im comp plan u asked for an f eco will •t com . . rd as t raid of - aliation • • ease con After Council discussion, for being ove e City stated there afraid of retal m directly. alous about this issue ould open the process e individuals who have ion. Mayor Cawley Ensey moved and Lover seconded to open the Comprehensive Plan Amendment for 2013 Motion failed 3-3 with Adkison, Bristol and Coffey voting no (Ettl absent). Bristol moved and Coffey seconded to direct staff to amend the ordinance to clarify the process we need to take in the future to begin or forgo the process. Moved by Council Member Sara Bristol, Seconded by Council Member Kathy Coffey. Carried 4- 2. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey. Council Members voting Nay: Ensey, Lover. Council Members Absent: Ettl. 11. 1st Quarter Financial Trend Monitoring System. Finance and Budget Director Epperson briefed Council on the issue. The report was accepted by Council consensus. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. 12. Resolution authorizing execution of a Revocable License Agreement with Single Track Alliance of Yakima (STAY), a nonprofit corporation, for recreational trail development on City owned property Parks and Recreation Manager Wilkinson briefed Council on the agreement and distributed a larger updated map. Page 6 of 7 The City Clerk read the resolution by title. RESOLUTION NO. R-2013-067, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Revocable License Agreement with Single Track Alliance of Yakima (STAY) a nonprofit corporation, for recreational trail development on City owned property. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Adopted 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. 13. Other Business A. Consideration of revising the policy for addressing the City Council in meetings. City Manager O'Rourke explained issues with City employees are his jurisdiction and should not be brought up at Council meetings, but referred to him. Council Member Ensey agreed and added the he believes Council sometimes promotes bad behaviors when people come up to speak who are looking for an argument. Council Member Coffey disagreed and thinks the record should be set straight at the time. Bill Duerr, City resident, stated he likes the policy and offered some editorial suggestions. After Council discussion, Ensey moved and Coffey seconded to adopt this policy. Moved by C 0. Council Members A 14. Adjournme The meeting adjourned at 9:36 p.m. to the next Council Business meeting on June 4, 2013 at 6 p.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Ettl. athy Coffey. Carried 6- , Lover. Council CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 7 of 7 YAKIMA CITY COUNCIL June 4, 2013 Council Chambers -- City Hall 6 p.m. Council Business Meeting; 7 p.m. Public Hearing MINUTES Back Print BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of A Mayor Cawl 3. Open Discu A. Presentations/recognitions/introductions i. Ayla Ambrose, student from Whitney Elementary, presenting her Zoo proposal. Rebecca DeBoer, teacher at Whitney Elementary, introduced student Ayla Ambrose who was selected as the winner of her class by Mayor Cawley for her zoo presentation. Miss Ambrose presented her idea for a zoo in Yakima. B. Appointments to Boards, Commissions and Council Committees i. Council Nominating Committee's recommendations for appointments to Boards & Committees. Adkison moved and Ensey seconded to accept the applicants as presented from the Committee's recommendations. Assistant Mayor Adkison also encouraged citizens to apply to the City's Boards and Commissions. Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Rick Ensey. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 4. Council Reports None 5. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there Page 1 of 4 were any additions or deletions from Council members or citizens present. The following items were removed from the consent agenda. 5B. Ordinance amending YMC 11.62.040 to increase the term limit of Historical Preservation Commission members from three years to four years, and to eliminate the consecutive term limitation for commission members. 5E. Ordinance vacating portion of North 2nd Avenue ("Hops Extract Street Vacation"). 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: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. A. Resolution granting the City owned and rehabilitated single family dwelling located at 202 S. 8th Street to Habitat for Humanity to sell to a qualified low income first time home buyer. RESOLUTION 2013-068, A RESOLUTION Consideration of a Resolution authorizing conveyance of the City -owned and rehabilitated single family dwelling located at 202 S. 8th Street to Habitat for Humanity to sell to a qualified low income first time homebuyer. B. Ordinance repealing the current Classification and Compensation Plan for City Employees Sections 2.20.100 and 2.20.110 and all subsections within the City of Yakima Municipal Code and replacing it with 2.20.100 as submitted. ORDINANC O. 2 -0 - ANO INA Blatin o City person I; adopting a classificatio nd com ns ion • - or Ci loye ffectiv my 7, 2013; and repealing all ecedin• a es in •f Y nicipal ode. C. Ordina - - a - •ing -ction 4, 70, 16. .0 and 16.10.0 of the Yakima Municipal Code •- - ing to a -ndment • •mprehe Ian. ORDINANCE NO. 2013-021, AN ORDINANCE relating to comprehensive plan amendment process; amending Sections 1.42.070, 16.10.030 and 16.10.060 of the Yakima Municipal Code regarding procedures for amendment of the Yakima Urban Area Comprehensive Plan. 6. Audience Participation Sgt. First Class Dan Faires with the 420th Chemical Battalion invited Council to attend their VIP event on June 18, held in association with their annual training. Bill Duerr, City resident, noted this is a great event and recommended Council attend. Candie Turner, City resident, asked when the public hearing will be held regarding pan handlers. City Manager O'Rourke noted it will be held on June 18, 2013 at 7 p.m. PUBLIC HEARINGS 7. Public Hearing to consider: A) Adoption of the Six-year Transportation Improvement Program (TIP) for the years 2014 to 2019, and to amend the Metropolitan Transportation Plan, and B) Amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element. City Engineer Doug Mayo briefed Council on the hearing. Council Member Ensey asked why future railroad projects are on the list. City Manager O'Rourke stated they will be removed. Council Member Bristol questioned the priority order. Mr. Mayo noted the priority order doesn't mean very much. Mayor Cawley opened the public hearing, and with no one coming forward, closed the hearing. Page 2 of 4 No action is necessary as this is the first hearing, a second hearing will be held June 18. CITY MANAGER'S REPORTS 8. Ordinance amending YMC 11.62.040 to increase the term limit of Historical Preservation Commission members from three years to four years, and to eliminate the consecutive term limitation for commission members. Council Member Bristol questioned the reason for the change of term and whether the terms on other boards are consistent. Council Member Lover noted he thought a citizen might be the reason for the change. City Attorney Cutter noted some Boards are governed by the RCW's. Council Member Bristol noted she would like feedback on the diffferent terms for boards and committees. The City Clerk read the ordinance by title. ORDINANCE 2013-022, AN ORDINANCE relating to historical preservation, amending the term lengths and removing the consecutive term limit for members of the Historical Preservation Commission; and amending Section 11.62.040 of the City of Yakima Municipal Code. Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Passed 7- 0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 9. Ordinance vacating portion of North 2nd Avenue ("Hops Extract Street Vacation"). Council Member Bristol noted she voted against this issue at the last meeting; therefore, she did not want this item voted on in consent. Additionally, she requested the City bring back information - - - - - - .ng th - - - - ight-of- vacates (Rourke noted they will bring the sue - - atuncil ing. The City Cle ORDINANC - -0 - AN 0 INCE v , with condition, a certain tract of real property identified as that portion of North 2nd Avenue public right-of-way lying north of West Lincoln Avenue and south of West "D" Street in Yakima, Washington; Hops Extract Corporation of America as the petitioner herein. Moved by Assistant Mayor Maureen Adkison, Seconded by Council Member Kathy Coffey. Passed 4-3. Council Members voting Aye: Adkison, Coffey, Ettl, Lover. Council Members voting Nay: Bristol, Cawley, Ensey. 10. Report on Gambling Tax on Nonprofit Corporations Senior Assistant City Attorney Harvey briefed Council on the issue. After Council discussion, Lover moved and Coffey seconded to accept and approve staff's recommendation with an amendment to read the first $15,000 be exempt. Motion: Approve, Moved by Council Member Bill Lover, Seconded by Council Member Kathy Coffey. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. ORDINANCES 11. Legislation regarding the financing and purchase of 74 Police vehicles and 70 Fire Air Packs. A. An ordinance authorizing the acquisition of 74 Police vehicles and 70 Fire Air Packs and the execution of a related financing contract with the Office of the State Treasurer and other related documentation. B. A reimbursement resolution declaring that the City reasonably expects to reimburse expenditures for the purchase of the 74 Police vehicles and 70 Fire Air Packs with the proceeds of the financing contract. Page 3 of 4 City Manager O'Rourke briefed Council on the issue. Mayor Cawley asked about the life of the Air Packs, which Mr. O'Rourke noted is 8-10 years. The City Clerk read the ordinance by title. ORDINANCE NO. 2013-024, AN ORDINANCE of the City of Yakima. Authorization for the acquisition of personal property and execution of a financing contract and related documentation relating to the acquisition of said PERSONAL PROPERTY. The City Clerk read the resolution by title. Ensey moved and Bristol seconded to adopt the resolution. The motion carried by a unanimous voice vote. RESOLUTION NO. R-2013-069, A RESOLUTION authorizing and directing the Director of Finance and Budget to reimburse expenditures arising from the purchase of 74 (seventy-four) police vehicles and 70 (seventy) airpacks with the proceeds of a financing contract to be entered into with the Office of the State Treasurer. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Passed 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 12. Other Business Council Member Bristol discussed banning smoking in City parks and considered limiting it at special even Mana• - •'= • rke state • a has • - - • ti- - acted similar laws with no probffey ested • • • a • • • mmittee. Mayor Cawley agre 13. Adjournme The meeting .: at 5 p.m. - ouncil ' • ession on Ju 11, 2013 at 10 a.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Dave Ettl. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 4 of 4 YAKIMA CITY COUNCIL STUDY SESSION June 11, 2013 Council Chambers -- City Hall 10 a.m. Council Study Session regarding Mill Site MINUTES Back g Print 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee Absent: Cou 2. Cascade Mil City Manage happened si s in Septeml of 2012 and a lot has Steve Lewis of H. W. Lochner, gave a PowerPoint presentation on the Cascade Mill Redevelopment Project. He summarized the history of the project and discussed the possible modification alternatives to the 1-82 Interchange. He recommended the first option discussed in the presentation and explained the NEPA process is starting on the interchange as well as the East-West Corridor. Variations to the preferred alternative will be discussed through the public review process. The City Council will need to evaluate cost impacts and go through the public process. Once the Executive Committee reviews and accepts the final recommendation, the Interchange Justification Report (IJR) will be submitted to Federal Highways. The NEPA process takes approximately two years and involves a lot more work. He added the House and Senate budgets may both include options for 1-82 from Highway 12 to Nob Hill Boulevard from the State Transportation funding, which will help reduce the total project cost to Yakima. State budget proposals are due, in large part, from the work of City and County staff. Jeff Louman of Huibregtse Louman Associates presented additional information in the PowerPoint regarding the parkway, landfill and critical timing issues related to the LIFT funding program. Strategic Projects Manager Joan Davenport noted the City has an obligation to clean up the landfill and it should be done in this time frame with this financing. She anticipates the landfill clean-up may be accomplished within 9 months if not sooner. She stated they have had great input and support from the County, which expressed a willingness to work with the City by reducing tipping fees. Finance Director Cindy Epperson summarized the City strategy, to date, on support of the LIFT program. Council Member Ensey stated he recently attended a Brownsfield Conference and one of the Page 1 of 2 important things is having a customer for the area before the clean-up project is completed. 3. Adjournment The meeting adjourned at 11:18 a.m. to the next Council Business meeting on June 18, 2013 at 6 p.m. in the Council Chambers. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Carried 6-0. Council Members voting Aye: Adkison, Bristol, Cawley, Ensey, Ettl, Lover. Council Members Absent: Coffey. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR DRAFT Page 2 of 2 YAKIMA CITY COUNCIL June 18, 2013 City Hall -- Council Chambers 6 PM Business Meeting; 7 PM Public Hearings MINUTES Back Print BUSINESS MEETING 1. Roll Call Council: Mayor Micah Cawley, presiding, Assistant Mayor Maureen Adkison, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee 2. Pledge of A Mayor Cawl 3. Open Discu A. Proclamations i. Yakima Trolley - 100th anniversary Mayor Cawley proclaimed June 21, 2013 as Yakima to Selah Trolley Day. Larry Fournier, Board Member, accepted the proclamation on behalf of Ken Johnson and thanked Council for recognizing the trolleys. He invited Council to ride the trolley on Friday, June 21. B. Presentations/recognitions/introductions i. Recognition of City Employees: Mark Kunkler, Senior Assistant City Attorney and Jay Seely, Yakima Police Sergeant Economic Development Manager Hawkins stated he nominated Senior Assistant City Attorney Mark Kunkler for the City Apple Award for all Mr. Kunkler has accomplished for the City. Mr. Hawkins noted Mr. Kunkler's nickname is "the machine." Mayor Cawley presented Mr. Kunkler with the City Apple Award. Mr. Kunkler thanked Council for the recognition and stated how much he appreciates the opportunity to work for the City of Yakima, what a pleasure it is to work with a professional staff who understands public service and strives for excellence. Chief Rizzi nominated Sgt. Seely for the City Apple Award for all of his work implementing the commercial vehicle program. Mayor Cawley presented Sgt. Seely with the City Apple Award. Sgt. Seely thanked Council for the award and for approving the program so quickly. ii. Recognition of retiring City employees Abel Castilleja for 30 years and Joe Razote for 20 years of service. Chief Willson recognized retiring Battalion Chief Abel Castilleja for his 30 years of service to the Page 1 of 10 City of Yakima. City Engineer Doug Mayor recognized Joe Razote for his 20 years of service to the City of Yakima. Mr. Razote expressed his pleasure in working for the City. 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 removed from the consent agenda. Ordinance relating to Chapter 5.49 of the City of Yakima Municipal Code on gambling tax, and amending section 5.49.0206(1) of the YMC to exempt bona fide charitable or nonprofit organizations conducting bingo games, raffles, amusement games, or punchboards or pulltabs from the provisions of the YMC gambling tax when the income, as provided in the ordinance, does not exceed $15,000 per year. 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: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, A. Set Da of Pub H= ing for ly 2, egar g a 2013 JA rant. B. Set da of July 20 as date is eting to consi r the final plat of Hanno C. 2012 Yakima Police Department Annual Report. D. Consideration of proposed updates to the YCTV Community Producer Handbook. E. Resolution authorizing an agreement with Yakima Valley Community College for use of a light pole. RESOLUTION NO. R-2013-070, A RESOLUTION authorizing the City Manager to execute an Agreement with Yakima Valley Community College for use of a light pole. F. Resolution authorizing Rent-A-Car agreement between The Yakima Air Terminal and ARLS LLC dba Avis Car Rental. RESOLUTION NO. R-2013-071, A RESOLUTION A RESOLUTION authorizing the City Manager to execute a Car Rental Agreement with ARLS, LLC dba AVIS Car Rental G. Resolution authorizing Rent-A-Car agreement between The Yakima Air Terminal and The Carey Company dba Budget Car and Truck Rental. RESOLUTION NO. R-2013-072, A RESOLUTION authorizing the City Manager to execute a Car Rental Agreement with The Carey Company dba Budget Car and Truck Rental H. Resolution authorizing Public Defender Agreement with Gilliland Law Firm, PLLC. RESOLUTION NO. R-2013-073, A RESOLUTION authorizing and directing the City Manager and City Clerk to execute the Public Defender Agreement with Gilliland Law Firm, PLLC. I. Ordinance amending Sections 9.50.070 & 9.50.077 of the Yakima Municipal Code regarding parking time limits on the north side of Yakima Avenue between 7th Avenue and Page 2 of 10 8th Avenue. ORDINANCE NO. 2013-025, AN ORDINANCE relating to parking; reducing the permitted parking limit for parking spaces located on the north side of Yakima Avenue between 7th Avenue and 8th Avenue to one hour; and amending Sections 9.50.070 and 9.50.077 of the Yakima Municipal Code. J. Ordinance updating Classification and Compensation Plan for City Employees Section 2.20.100 ORDINANCE NO. 2013-026, AN ORDINANCE relating to City personnel; adopting a classification and compensation plan for City employees to be effective July 21, 2013; and repealing all preceding pay ordinances in the City of Yakima Municipal Code. 6. Audience Participation *Robert Cantu, City resident, stated his issue is not panhandling. He thinks begging is a first amendment freedom of speech right; whether speaking or holding a sign, beggars are not causing harm by asking for money. Mayor Cawley noted this item will be addressed at 7 p.m. under public hearings. *Lynne Kittelson, City resident, stated she appreciated and commended City staff. She also thanked Transit for changing the bus route back as she requested earlier. *Bill Duerr, City resident, discussed campaign signs and believes they shouldn't be in the downtown business district. *T.J. Davis, Ron Bonlen each Counci e to th f for allowing the ma C my marbles t rnament. He presented pres 13, th first event. *Jeremy Ro• •uez, 11 - •side po regar• g t potential eli ation of the Battalion Chiefs (BC's ire epartm stated a re generally complainers and as a whole they are standing up to say this is wrong. He thinks their safety and the safety of the public is in jeopardy by going in this direction. He asked that Council reconsider the elimination of the BC's. Mayor Cawley stated he does not believe this is the proper venue for IAFF to air their issues as this is a management and bargaining issue and should not be brought before Council until the Manager brings it forward for discussion or action. City Manager O'Rourke clarified these are bargainable issues and under the City Charter, they will be bargained. He stated his office has repeatedly asked the Fire Union to bargain and has not received a response; he feels this is premature of the Fire Union. Mayor Cawley again notified Mr. Rodriguez that this is not the proper venue and should be handled outside the Council Chambers. Mr. Rodriguez reiterated his concerns with reduced staffing levels. City Manager O'Rourke stated he respected their concerns but there is a process for resolving them and this is not it. Mr. Rodriguez stated he feels the decision has already been made. City Manager O'Rourke reminded Mr. Rodriguez that he will make recommendations to Council, who will then take action. He reiterated that his office has attempted verbally and in writing to sit down and discuss this issue, but the Union has not responded. Lynn Rodriguez, Selah resident and wife of Jeremy Rodriguez, stated she wants to be educated on this issue and would like to ask questions about why are they eliminating the BC's. Council Member Ettl stated this is a negotiation issue and there is no story to be told at this Page 3 of 10 point. Council Member Coffey stated this process has saddened her as it is now putting them at odds; this is a bargainable issue and a task for the City Manager. Council Member Lover stated the City Charter has language stating their role in an issue like this. City Attorney Cutter explained Council Member Lover is correct; there is a distinction in the City Charter and State Statues indicating this is the purview of the City Manager. Ensey moved and Bristol seconded to end audience participation. Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 7- 0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. PUBLIC HEARINGS 7. Public hearing to receive testimony from citizens concerned with the presence of beggars and panhandlers within the City and the specific effects the presence of beggars and panhandlers have had on them. City Prosecuting Attorney Martinez stated the purpose of the hearing is to determine whether there is reason to further limit panhandling in the City. She reminded Council that as they consider public comments concerning panhandling they should keep in mind soliciting for money is protected by the first amendment, laws curtailing panhandling are subject to strict scrutiny by the courts, any law mitigating panhandling will need to be narrowly tailored, and public safety is a compelling reason and is key. Mere speculation of harm, annoyance or intolerance is not enough to change the law as aggressive begging is already prohibited in the City of Yakima. Mayor Cawley asked how many people have been cited for aggressive panhandling. Ms. Martinez not - e n it is ar ractiorte presence of a Police Office Mayor Cawl Bonnie Moo -, - - ity rdent, re c several ts with panhdlers where she did not feel safe. She doesn't feel Yakima has a strong approach on the issue and hopes the City will take a stronger stand. Candie Turner, City resident, feels the panhandlers quoted in the Yakima Herald contain implied threats of crime if they were not able to beg for money. She suggested requiring a permit for panhandling and making panhandlers carry a standardized sign. Bill Duerr, City resident, believes the City should modify the current ordinance and do a media blitz, which might stop people from giving to them. Deanna Pemberton, City resident, stated she has never been accosted and spoke against stronger laws on panhandling. Alonzo Marquez, City resident, spoke against stronger laws on panhandling. Ellie Lambert, City resident, spoke on behalf of Yakima County Human Services, which conducts homelessness surveys every January. Contrary to common belief, the homeless and panhandlers are not necessarily the same. She referenced a report from the US Department of Justice on panhandling, which she distributed and asked Council to consider looking at this document and using it as a tool. Nick Hughes, City resident, believes panhandlers should be required to obtain a business license. Joe Mann, City resident, talked about aggressive panhandlers scaring his customers away. The Page 4 of 10 City has spent a lot of time and money on improving downtown and he feels the City needs to do something more. Enrique Jevons, City resident, related an incident with three aggressive panhandlers where he was very concerned for his family's safety. He contacted police so it is documented, but it wasn't observed by an Officer. He believes the City should toughen up the current ordinance and thinks we should model one after the City of Tacoma. He feels the City needs to utilize PSA's and educate the public on the effects of panhandling on a community. Bruce Whitmore, not a City resident, related an incident with aggressive panhandling, which he reported to the Police Department. He feels panhandler actions fall in the criminal category and suggested they have solicitor licenses and a background check, which is something he had to do as a door-to-door salesman. Martin Lopez, not a City resident, agreed with Mr. Hughes's statement, stating a lot of these panhandlers have no shame in their game. Lynn Harden, City resident, stated his biggest concern is combining traffic with foot traffic at busy intersections. He drives professionally and has seen people donating to panhandlers from their cars, holding up traffic and potentially causing an accident where someone will be hurt. T.J. Davis, City resident, related an incident with aggressive beggars coming to their restaurant. He knows his family feels intimidated by them. Linda Davis, City resident, stated she has had to change her working hours as she doesn't feel safe at her b • - due to • - • - andlers. George Mic ant barrage of drug dealers who a panh. •1= :sou - mp bush to relieve themselves. s this behavior. Stan Bird, Ci - •ent, st- -d he an• brother - home-basedZSusiness near40th and River Road and has had to deal with panhandlers threatening to burn his house down, urinating in his yard, and coming to the front door asking for money. He would like to help change what is happening if he can. He also read a statement from his brother, Dan Bird, relating the same issues. Basil Shirley, City resident, believes what the community is experiencing is other people interfering with their right to pursue happiness; it is the City's responsibility to insure citizens have a right to happiness and public safety. He suggested the City needs to look at more tools to fight this battle. Ron Nelson, City resident, suggested an ordinance with provisions making it against the law to give cash to these individuals. Based on his experience, begging is related to supporting addictions and panhandlers are starving nutritionally; therefore, providing food is a better approach. Mayor Cawley closed the public hearing. Council Member Coffey related her son-in-law was in Florida where there is a requirement that panhandlers must buy a license, go through a background check and wear an orange "panhandler" vest. Council Member Bristol asked what type of phone calls the Police Department receives on panhandling and asked about changing the law from an infraction to a misdemeanor. Chief Rizzi responded that the City's reporting system makes it difficult to search for panhandling issues as they would be classified as a disturbance. They will work on a way to identify those calls in the Page 5 of 10 future. Council Member Bristol suggested having the Council Public Safety Committee review this first. By Council consensus, this issue is remanded to the Public Safety Committee. 8. Closed Record Public Hearing on the vacation of a portion of N. 27th Avenue and a portion of right-of-way south of Lot 11 of Wachsmith Subdivision. Community Development Director Osguthorpe briefed Council on the street vacation petition. Mayor Cawley opened the public hearing. Doug Gray, of Gray Surveying, spoke on behalf of Frosty Pack stated he believed Mr. Osguthorpe's remarks about N. 26th Avenue were new testimony. He believes it should be left to the applicant to approach the people in the area for a cul-de-sac. He doesn't think it is up to the applicant to fix the current problems, which the City may or may not have. All the streets are dead -ends and have signs. The only undeveloped property is the portion on 27th Avenue they are asking to be vacated and connecting to 26th Avenue. What Frosty Pack is proposing is to build a cul-de-sac near where they plan to vacate. Half would be on their property half on the vacated right-of-way (ROW). This ROW has been blocked with a large dirt pile from a business for at least 15 years. The person that lives at the end of 26th Avenue on the West side has a locked gate across it and they are offering to improve the situation by putting in a cul-de-sac on N. 27th Avenue, which will eliminate trespassers from using N. 27th Avenue and going around Mr. Martinez's cold storage buildings on the South side. Daniel Martinez, speaking on behalf of Frosty Pack, stated one of the main reasons for this ROW vacation is fi fety - There - trucks ere at all different times of the ar. sa y is be pus yy: ore a more and th have to comply with the FDA rules. is RO -c. on w• be - - cut i • i some the traffic. Mayor Cawl Council Member Lover noted he sees this as an improvement. Council Member Bristol stated she is concerned about the lack of information they have to go against the recommendation of staff and the Hearing Examiner. She would be willing to remand it back to the Hearing Examiner for reconsideration. Mayor Cawley agreed. After Council discussion, Lover moved and Ensey seconded to not accept the Hearing Examiner's recommendation and vacate this proposal. Moved by Council Member Bill Lover, Seconded by Council Member Rick Ensey. Carried 4-3. Council Members voting Aye: Adkison, Ensey, Ettl, Lover. Council Members voting Nay: Bristol, Cawley, Coffey. 9. Closed record public hearing and ordinance to consider the Hearing Examiner's recommendation for approval of a requested right-of-way vacation of Cook Street submitted by West Valley Nursing Homes, Inc. Community Development Director Osguthorpe briefed Council on the street vacation. Mayor Cawley opened the public hearing. Bill Hordan, City resident, spoke on behalf of West Valley Nursing Homes. The vacation request is needed to update their facility, as existing portions will be demolished to serve future needs and the vacation is for approximately 155 feet of dead end area on Cook Street. He noted there are five letters of support with no opposition and asked Council to approve the request. Page 6 of 10 Mayor Cawley closed the hearing. The City Clerk read the ordinance by title. ORDINANCE NO. 2013-028, AN ORDINANCE vacating, with conditions, a certain tract of real property identified as that portion of Cook Street lying easterly of N 40th Avenue and westerly of the Yakima Valley Canal and located within the City of Yakima, West Valley Nursing Homes, Inc. as the petitioner herein. Motion: Approve, Moved by Council Member Dave Ettl, Seconded by Council Member Rick Ensey. Passed 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 10. Public Hearing and resolutions to consider: A) Adoption of the Six-year Transportation Improvement Program (TIP) for the years 2014 to 2019, and to amend the Metropolitan Transportation Plan, and B) Amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element. City Engineer Mayo briefed Council on the issue. Mayor Cawley opened the public hearing. Phil Hoge, City resident, suggested in future reports staff should include a description for the bicycle treatments that will take place and include a bike lane, wide curb lane or pathway, and highlight the 8th Street project, and East-West corridor. The comp plan indicates a pathway which would be a way to connect to the Powerhouse pathway, William O. Douglas trail and Greenway. - •6th Av- • - • - ween Su • • itview i • - • • • •een in the Greenway P • a - h con on to e Canyon, and he hopes they -the vi n f a bike/ d co ' • n. Council Me regarding C would go to g back a repo recommendation arings and d -rmine if any appeal The City Clerk read the resolutions by title only. Ensey moved and Adkison seconded to adopt the resolution. The motion carried unanimously by a roll call vote. RESOLUTION NO. R-2013-074, A RESOLUTION adopting the Six -Year Transportation Improvement Program for the period of 2014 through 2019 for the construction of streets and arterials streets in the City of Yakima and amending the Metropolitan Transportation Plan. RESOLUTION NO. R-2013-075, A RESOLUTION amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the Six-year Transportation Improvement Program (TIP) for the period of 2014 through 2019. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Assistant Mayor Maureen Adkison. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. CITY MANAGER'S REPORTS 11. Ordinance relating to Chapter 5.49 of the City of Yakima Municipal Code on gambling tax, and amending section 5.49.0206(1) of the YMC to exempt bona fide charitable or nonprofit organizations conducting bingo games, raffles, amusement games, or punchboards or pulltabs from the provisions of the YMC gambling tax when the income, as provided in the ordinance, does not exceed $15,000 per year. Page 7 of 10 Senior Assistant City Attorney Harvey briefed Council on the ordinance. The City Clerk read the ordinance by title. After Council discussion, Lover moved and Ensey seconded to amend the ordinance from $15,000 to $50,000. Motion carried unanimously. Ensey moved and Bristol seconded to pass the ordinance as amended. ORDINANCE NO. 2013-027, AN ORDINANCE relating to Chapter 5.49 of the City of Yakima Municipal Code on gambling tax, and amending section 5.49.0206(1) of the YMC to exempt bona fide charitable or nonprofit organizations conducting bingo games, raffles, amusement games, or punchboards or pulltabs from the provisions of the YMC gambling tax when the income, as provided in the ordinance, does not exceed $15,000 per year. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Passed 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 12. Yakima Air Terminal Budget Report for the two months ending April 30, 2013. City Manager O'Rourke briefed Council on the item. Council Members Ensey and Ettl related complaints they received about the Airport, which the City Manager will look into. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 13. Resolution a and City of Ellensburg. Public Work the first year • route t estimating 64,000 in 2014. uncil o riders, t The City Clerk read the resolution by title only. nonprofit corporation, ma and City of ntract. Tran Manager Mehin noted sond year 58, , and they are RESOLUTION NO. R-2013-076, A RESOLUTION pertaining to commuter bus service to Ellensburg; authorizing the City Manager to execute a successor agreement between HopeSource, a nonprofit corporation, and City of Yakima for transit commuter service between the City of Yakima and City of Ellensburg. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Sara Bristol. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 14. Resolution authorizing Memorandum of Understanding between City of Yakima and AFSCME Local 1122 Bargaining Units (Municipal) for repayment of the cost of A.R. 15 Firearm, interest free, in a 24 -month payroll deduction. This same program has been available to our police officers. Deputy Human Resources Manager Mattia briefed Council on the item. The City Clerk read the resolution by title only. RESOLUTION NO. R-2013-077, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding between the City of Yakima and Council 2, Washington State Council of County and City Employees representing Local 1122, American Federation of State County and Municipal Employees representing Municipal Employees with the City of Yakima, Page 8 of 10 AFL-CIO ("Union"), regarding the purchase and repayment of AR -15 firearms by Municipal Correction Officer employees. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 15. Resolution authorizing Memorandum of Understanding between City of Yakima and AFSCME Local 1122 Bargaining Units (Municipal) relating to personal holidays. Deputy Human Resources Manager Mattia briefed Council on the item. The City Clerk read the resolution by title only. RESOLUTION NO. R-2013-078, A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding between the City of Yakima and Council 2, Washington State Council of County and City Employees representing Local 1122, American Federation of State County and Municipal Employees representing Municipal Employees with the City of Yakima, AFL-CIO ("Union"), changing the personal holiday parameters form no less than 30 days apart to anytime within the year. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Rick Ensey. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 16. Resolution authorizing Memorandum of Understanding between City of Yakima and AFSCME Local 1122 Bargaining Units (Municipal) regarding one time payment, vacation buy-back program, ad -rson and ma ed co Deputy Hum Reso es anager attia - • Co cil on the item�nd noted a correction on the agreeme where i .h• 65 h� aca at on hird instead of 195 hours. The City Cle • he res • ution by - only. RESOLUTION NO. R-2013-079, A RESOLUTION authorizing and directing the City Manager to execute a Collective Bargaining Agreement Amendment for 2012-2014 between the City of Yakima and Council 2, Washington State Council of County and City Employees representing Local 1122, American Federation of State County and Municipal Employees representing Municipal Employees with the City of Yakima, AFL-CIO ("Union"), incorporating a onetime salary adjustment, vacation buyback program for 2013 and 2014, additional personal holiday for 2013, and managed competition restriction for 2013 in exchange for a zero percent salary increase for 2013. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Sara Bristol. Adopted 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. ORDINANCES 17. Ordinance relating to Chapter 2.20 of the City of Yakima Municipal Code, and amending section 2.20.060 of the YMC to grant authority to the City Manager to authorize severance pay to an employee terminated by the City Manager. City Manager O'Rourke briefed Council on the item. The ordinance was read by title only. ORDINANCE NO. 2013-29, AN ORDINANCE relating to Chapter 2.20 of the City of Yakima Municipal Code, and amending section 2.20.060 of the YMC to grant authority to the City Page 9 of 10 Manager to authorize severance pay to an employee terminated by the City Manager. Moved by Council Member Sara Bristol, Seconded by Assistant Mayor Maureen Adkison. Passed 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. 18. Other Business Council Member Ensey reported on a recent conference he and Joan Davenport attended in Atlanta, where they have "giving meters." He indicated a mock giving meter brought into the Chambers. These meters are meant to receive donations and stop panhandling. They aren't about raising money, but alerting citizens and tourists that their City takes panhandling seriously. 19. Adjournment The meeting adjourned at 9:26 p.m. to the next Council Business meeting at 6 p.m. on July 2, 2013. Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 7-0. Council Members voting Aye: Adkison, Bristol, Cawley, Coffey, Ensey, Ettl, Lover. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE DRAFTR DATE CITY CLERK MAYOR Page 10 of 10 YAKIMA CITY COUNCIL July 2, 2013 Council Chambers -- City Hall 4:30 PM Executive Session; 6 PM Business Meeting; 7 PM Public Hearings MINUTES Back 4 Print EXECUTIVE SESSION 1. Roll Call Council: Mayor Micah Cawley, presiding, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, and Bill Lover Absent: Assistant Mayor Maureen Adkison (excused) and Council Member Dave Ettl (excused) 2. Executive S Executive S BUSINESS 1. Roll Call Council: Mayor Micah Cawley, presiding, Council Members Sara Bristol, Kathy Coffey, Rick Ensey, and Bill Lover Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Clear Tee Absent: Assistant Mayor Maureen Adkison (excused) and Council Member Dave Ettl (excused) 2. Pledge of Allegiance Mayor Cawley led the Pledge of Allegiance. 3. Open Discussions for the Good of the Order A. Presentations/recognitions/introductions i. Recognition of City Engineer Doug Mayo on his retirement after 22 years of service for the City of Yakima. Debbie Cook, Director of Utilities & Engineering, recognized retiring City Engineer Doug Mayo for his 22 years of service. 4. Council Reports i. A request from Inspire Development Centers for a letter of support from the City Council regarding an application by Inspire Development Centers to provide Head Start services to children in and around Yakima. Page 1 of 6 Jedean Corporn, not a City resident, spoke on behalf of Epic, which has benefited from Head Start. She requested Council table the support of one program until they have received information on the different programs. There are several agencies competing for Head Start grant funding and Epic would like the opportunity to present to Council and receive a letter of support for their grant application. Tadeo Saenz-Thompson, CEO of Inspire Development Centers, stated they made a presentation to the Council Partnership Committee about the benefits of supporting Inspire. They are not asking for exclusivity and would be happy to do another presentation if requested. Council Member Lover suggested tabling this issue until the full Council is present. He has several questions about the support letter. Council Member Coffey stated the Council Partnership Committee recommended a letter of support for Inspire and asked Mayor Cawley, as a member of that Committee, to report on the meeting. Mayor Cawley responded that he was approached by Inspire, who gave a presentation to the Committee and he asked them if they would recommend a letter of support from the Council. Council Member Coffey stated she watched the presentation on YPAC and was impressed with their presentation. Ms. Corpron stated she is not familiar with Inspire and is in favor of Head Start. The grants being discussed are very competitive. She thinks Council should give due consideration, whether they provide one letter of support or multiple letters, as that makes a statement. After further Council discussion, Motion: Tabled, Moved by Council Member Sara Bristol, Seconded by Council Member Rick Ensey. Carried 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Me 5. Consent Ag Mayor Cawl: referre o t ite lace on nt Agenda, q tioning whether there were any ad 1 - •ele ns fro o it me rs r citizens pre t. There were no changes. Th- erk re the Co Agenda , including re utions and ordinances by title. (Items on the Consent Agenda are handled under one motion without further discussion—see motion directly below.) Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Kathy Coffey. Approved 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Adkison, Ettl. A. Resolution authorizing an amendment to the existing Lease Agreement with Sunfair Professional Associates, LLC for commercial office space to accommodate MiCare health facilities. RESOLUTION NO. R-2013-080, A RESOLUTION authorizing the City manager to execute an agreement amending commercial lease between Sunfair Professional Associates, LLC and City of Yakima. B. Resolution authorizing a Professional Services Agreement with Akel Engineering Group in an amount not to exceed $40,000 for an analysis of the Interior Drainage of Yakima County Public Works Levee Protection of the Northern and Eastern Portions of the City of Yakima. RESOLUTION NO. R-2013-081, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Akel Engineering Group in an amount not to exceed $40,000 for an analysis of the Interior Drainage of Yakima County Public Works Levee Protection of the Northern and Eastern Portions of the City of Yakima. C. Resolution authorizing a Professional Services Agreement with Thomas E. Coleman P.E. Consulting, in an amount not to exceed $48,250 to provide Engineering Services for evaluation of the secondary clarifier performance at the City's Wastewater Treatment Plant. Page 2 of 6 RESOLUTION NO. R-2013-082, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Thomas E. Coleman P.E. Consulting in the amount not to exceed $48,250 for Engineering Services for performance of a Clarifier Performance Evaluation at the City's Wastewater Treatment Plant. D. Resolution authorizing a Professional Services Agreement with RedZone Inc. in an amount not to exceed $90,000 to configure the Wastewater Division's ICOM3 Software System for the Sanitary Sewer and Stormwater Collection Systems. RESOLUTION NO. R-2013-083, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with RedZone Inc. in an amount not to exceed $90,000 to configure the Wastewater Division's ICOM3 Software System for the Sanitary Sewer and Stormwater Collection Systems. E. Resolution authorizing a Professional Services Agreement with Huibregtse, Louman Associates, Inc., (HLA), in an amount not to exceed $200,000 for construction management, inspection and related services as required on the City -Wide Street Resurfacing Project and other City projects through 2013. RESOLUTION NO. R-2013-084, A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Huibregtse, Louman Associates, Inc., (HLA), in an amount not to exceed $200,000 for construction management, inspection and related services as required on the City -Wide Street Resurfacing Project and other City projects through 2013. F. Ordinance amending Chapters 11.04, 11.22, 11.32, 11.44 and 10.05 YMC, adopting 2012 editions of International Building Code, International Residential Code, International Mechanical Code, International Plumbing Code and International Fire Code, respectively. ORDINANC .22, 11.32, 11.44 and 10.05 o e Yaki M icipal • •e, g 20 Editions of th nternational Building Code, Intern onal R= •e Inte Me Code, ernational Plumbing Code and In 6. Audience P on None. PUBLIC HEARINGS 7. Public Hearing and Resolution Regarding the 2013 Justice Assistance Grant Chief Rizzi briefed Council on the grant. Mayor Cawley opened the public hearing, and with no one coming forward, closed the hearing. The City Clerk read the resolution by title only. RESOLUTION NO. R-2013-085, A RESOLUTION ratifying an application for a grant in the total amount of $55,736 from the United States Department of Justice, Bureau of Justice Administration, Edward Byrne Memorial Justice Assistance Grant Program, and designating and authorizing the City Manager to act as the official representative of the City of Yakima and to take such additional steps, including but not limited to execution of all documents and contracts necessary to complete said grant transaction. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Adopted 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Adkison, Ettl. 8. Public meeting and resolution for Council's Consideration and Approval of the Final Plat for Hannon Heights Phase 2. Page 3 of 6 Community Development Manager Osguthorpe briefed Council on the issue. Mayor Cawley opened the public hearing, and with no one coming forward, closed the hearing. The City Clerk read the resolution by title only. RESOLUTION NO. R-2013-086, A RESOLUTION approving the final plat of Hannon Heights Phase 2 and authorizing the Mayor to sign the final plat. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Adopted 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Adkison, Ettl. CITY MANAGER'S REPORTS 9. 2013 State Legislative Session Review Jim Justin, Olympia lobbyist, briefed Council on the City's legislative topics. Council thanked Mr. Justin for his report and for his assistance in Olympia. City Manager O'Rourke noted Yakima is well served by Mr. Justin. 10. Consideration of an application from the Veteran's of Foreign Wars Post 379 and the American Legion Post 36 requesting Council consideration of their request to rename "A" Street to Sgt. Pendleton Blvd. Community Development Director Osguthorpe briefed Council on the street renaming petition. Fred Camerander • • - W Post, -queste Boulevard a - • • on on's 1 •ry in Lover move Motion carr d to Sgt. Pendlton Id a public hearing. Council Me • - o fey as -d what t - - erage c• i or a business hen their street is renamed. Code Inspection Office Supervisor Schneider responded that they don't have those numbers; however, the affected businesses and residents are surveyed to see what the financial impact will be, in order to have the information at the hearing. Council Member Coffey noted she would like to see this go forward; however, she thinks there should be something grander for this individual. Coffey moved Ensey seconded to set the public hearing for August 20, 2013. Motion: Approve, Moved by Council Member Kathy Coffey, Seconded by Council Member Rick Ensey. Carried 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Adkison, Ettl. 11. Resolution authorizing modification of easement to accommodate proposed ingress and egress for vehicular and pedestrian access to proposed commercial development, northwest corner of intersection of North 1st Street and West Yakima Avenue. Community Development Manager Steve Osguthorpe briefed Council on the issue. Jamie Carmody, speaking on behalf of McDonald's in favor of the easement modification, stated a lot of work has gone into the review process and the property owner and developer are undertaking a lot of improvements over and above what is required --in excess of $200,000. He reminded Council the the Schneiders gave the easement to the City without any compensation and Mrs. Schneider is now requesting the easement modification. Dustin Yaeger, spoke on behalf of Patti Schneider and in support of the easement modification. He stated they have been working with McDonald's over the past year and Mrs. Schneiders Page 4 of 6 chief concern is that the development is consistent with the look of downtown. They are using high quality materials and the look and feel is different than other fast food restaurants in the City. Zachary Murphy, Kirkland, Washington, spoke on behalf of McDonald's and in favor of the easement modification. He thanked the City for their assistance with the project. He likes where the City is going and is happy to be a part of it. Their operator, Greg Luring is committed to the City and the brand and says they want to put their best foot forward. After this project is completed they will be redoing and updating the N. First Street McDonald's. Terry Meloy, City resident, spoke in favor of the easement modification and encouraged Council to approve it. Joe Mann, City resident, spoke in favor of the easement modification. Bill Duerr, City resident, noted all the speakers have excellent points; however, he is concerned with traffic issues. Council Member Bristol spoke about a number of her concerns related to traffic. The City Clerk read the resolution by title only. RESOLUTION NO. R-2013-087, A RESOLUTION authorizing the City manager to draft, execute and record an amended easement relating to Old North Yakima North Front Street National Historic District and adjoining commercial property. Motion: App -d b iember k Ens d cil Member Bill Lover. Ado • d 4-1. ou - s vo e: C ley Coffey ey, Lover. Council Members vo Me 12. Resolution a nt with YakiCounty City Manage • - • urke bri- ed Coun • the agr- - t The City Clerk read the resolution by title only. RESOLUTION NO. R-2013-088, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with Yakima County, Washington for the provision of jail services. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Adopted 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Adkison, Ettl. 13. Resolution repealing City of Yakima Resolution No. R-2007-126, regarding the vacation of public streets or alleys; and setting the compensation paid to the City for the vacation of a public street or alley. City Attorney Cutter briefed Council on the resolution regarding recovery for street vacations. Candie Turner, City resident, spoke in favor of the issue. The City Clerk read the resolution by title only. RESOLUTION NO. R-2013-089, A RESOLUTION amending the previously adopted policy of the City of Yakima regarding the vacation of public streets or alleys; requiring an independent appraisal if right of way value exceeds Twenty Thousand Dollars ($20,000); authorizing valuation of vacated property by assessed valuation if one hundred ten percent (110%) of assessed value is less than Twenty Thousand Dollars ($20,000); requiring full value recovery for certain property Page 5 of 6 vacations; and repealing City of Yakima Resolution R-2007-126. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Adopted 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Adkison, Ettl. ORDINANCES 14. Ordinance granting petition for street vacation, North 27th Avenue (Frosty Packing Co., LLC and 27th Avenue Properties, LLC). Community Development Director Osguthorpe briefed Council on the ordinance. The City Clerk read the ordinance by title only. ORDINANCE NO. 2013-031, AN ORDINANCE vacating, with conditions, a certain portion of North 27th Avenue right-of-way south of River Road and a portion of right-of-way south of Wachsmith Subdivision; Frosty Packing Co., LLC, and 27th Avenue Properties, LLC, as the petitioners herein. Motion: Approve, Moved by Council Member Rick Ensey, Seconded by Council Member Bill Lover. Passed 4-1. Council Members voting Aye: Bristol, Cawley, Ensey, Lover. Council Members voting Nay: Coffey. Council Members Absent: Adkison, Ettl. 15. Other Business A. Consideration of moving the August 6, 2013 Council meeting from 6 p.m. to 2 p.m. due to the National Night Out activities. This item wa Motion: App Lover. Cou 16. Adjournme The meeting adjourned at 8:12 p.m. to a Council Study Session on Tuesday, July 9, 2013 at 10 a.m. in the Council Chambers. ristol, Cawley, Coffey, Ensey, Motion: Adjourn, Moved by Council Member Rick Ensey, Seconded by Council Member Sara Bristol. Carried 5-0. Council Members voting Aye: Bristol, Cawley, Coffey, Ensey, Lover. Council Members Absent: Adkison, Ettl. CERTIFICATION READ AND CERTIFIED ACCURATE BY ATTEST: COUNCIL MEMBER DATE COUNCIL MEMBER DATE CITY CLERK MAYOR Page 6 of 6