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HomeMy WebLinkAbout07/17/2007 Business Meeting 421 BUSINESS MEETING JULY 17, 2007 — 5:00 P.M. COUNCIL CHAMBERS — CITY HALL 1. Roll Call Present: Council: Mayor Pro Tem Neil McClure presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore Absent: Mayor Dave Edler (excused) 2. Executive Session -- Property Acquisition, Prospective and Pending Litigation CAWLEY MOVED AND WHITMAN SECONDED TO MOVE INTO EXECUTIVE SESSION. The motion carried by unanimous voice vote; Edler absent. Executive session adjourned at 5:48 p.m. 6:00 P.M. — PUBLIC SESSION 1. Roll Call Present: Council: Mayor Pro Tem Neil McClure presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore Absent: Mayor Dave Edler (excused) 2. Invocation /Pledge of Allegiance Council Member Cawley gave an invocation followed by the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamation - None B. Special Presentations /Retirement Recognitions - None C. Status report on prior meeting's citizen service request Michael Morales, Deputy Director of Community and Economic Development, gave an update on the River Road project. D. Appointments to Council Boards and Commissions • Historic Preservation Commission LOVER MOVED AND CAWLEY SECONDED TO APPOINT NANCY KENMOTSU, JENIFER WILDE - MCMURTRIE AND REAPPOINT MARY HERNANDEZ TO THE YAKIMA HISTORIC PRESERVATION COMMISSION. The motion carried by unanimous voice vote, Edler absent. 422 JULY 17, 2007 • Bicycle /Pedestrian Advisory Committee JOHNSON MOVED AND CAWLEY SECONDED TO REAPPOINT ERIC BRUNTJEN AND DAVID HUYCKE AND TO APPOINT ANNE KNAPP AND TRACY SAWYER TO THE BICYCLE /PEDESTRIAN ADVISORY COMMITTEE. The motion carried by unanimous voice vote; Edler absent. 4. Consent agenda Mayor Pro Tem McClure referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. There were no changes. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND BONLENDER SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote; Edler absent. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Council Minutes - none *B. Council Committee Meeting Reports: • Intergovernmental Committee — June 25, 2007 • Downtown Yakima Futures Initiative Committee — June 27, 2007 • Economic Development Committee — July 6, 2007 The Council Committee meeting reports were accepted. 5. Audience Participation Candi Turner, secretary of the Valley of the Sun Triathalon Association, advised that their 25 annual triathalon was held July 8 and was a great success. She shared how they had experienced a communication problem on the construction activity on 16 Avenue and, its impact on the triathalon. Roland Heiser, 5209 Douglas Drive, owns a brick building in the medical center that has been hit multiple times by graffiti. Because it is brick, it is expensive to remove. He supports stiffer sentences for the perpetrators, including being responsible to remove graffiti for a period of time. He offered to donate $1,000 for paint to remove graffiti if the person is supervised and their punishment is severe if they fail to remove it. Information about our graffiti removal program will be sent to Mr. Heiser. Sam Woods from Moxee gave his opinion about the new parking ordinance prohibiting residents to park on their own grass. He described areas between Lincoln and Fruitvale Avenues between 14 and 16 Avenue where people, forced to park on the street, cause driving restrictions. Martin Chacon, 2005 W. Chestnut, also asked Council to reconsider the ordinance about parking on the grass and questioned whether there had been citizen involvement in this decision. He claimed there is a problem with vandalism when parking on the street. Council Member Bonlender responded that it is already illegal to jump the curb and park on the lawn, but it is a moving violation that is unenforceable. This law makes it enforceable and also addresses the problem of hulk cars. 2 423 JULY 17, 2007 PUBLIC HEARINGS — 7:00 P.M. 6. Public Hearing to consider the nomination of the Hall- Abrams House to the Yakima Register of Historic Places, submitted by the Office of Neighborhood Development Services (ONDS) Bill Cook, Community and Economic Development Director, explained that there is a secondary issue to this subject that the Neighborhood Development Committee has asked to be included in the discussion. The house is City- owned, purchased in 2005, and there are three options for renovating it. One option, to restore it to the standards the Commission requires for a final tax abatement decision, is estimated at approximately $177,000 over and above what we expect to sell the house for under federal funding restrictions. Another is, the house could be replaced with a new building; although this would still require a subsidy of $102,000. Or, the property could be offered to a non - profit organization with housing renovation experience and we would put deed restrictions that the house be sold for home ownership and be restored as closely as possible to the standards of the commission. This is estimated at a $77,000 subsidy. Although the house is not habitable, there is always a chance someone could purchase it. Obtaining the tax advantage is a two step process. The Historic Commission brought a recommendation that the building does qualify for the local register but the second part for tax abatement is that the level and design of restoration would have to be approved. After further discussion, Mr. Cook said that, bottom line, the subsidy for these federal funds is not reasonable. The Public Hearing was opened. Jenifer Wilde - McMurtrie commented that this hearing should be only to answer the question of whether or not to put the house on the focal historic register. The area needs a change and this would be a good start. She said no one is asking the City to come up with the money to renovate the house. Lynne Kittelson, 305 N. 9th Street, said we have torn down enough of the historic east side and we need to start restoring it. She strongly urged Council to put the house on the local register and then let the people in town that are committed to historic preservation step up. Maud Scott, southeast Yakima, spoke at length about the history of the house and strongly supported it being placed on the local register. Paul Schafer 2606 Tieton Drive, lives in a home on the national register of historic places. He questioned how the house was purchased prior to estimating what it would take to renovate it. He encouraged the City to continue to support historic preservation in Yakima. Rosemary Small, who now lives in Spokane, was one of the researchers on the house. She believes there is overwhelming evidence that this is a historic structure The Public Hearing was closed. 3 4 JULY 17, 2007 JOHNSON MOVED AND WHITMAN SECONDED TO PLACE THE HAL ABRAMS HOUSE ON THE REGISTER OF HISTORIC PLACES. Council Member Bonlender said he would vote no because of the investment required and suggested the decision should be delayed until decisions are made on how to handle the renovation of the property. The motion carried by a 5 -1 roll call vote; Edler absent and Bonlender voting nay. 7. Public Hearing to consider the Hearing Examiner's recommendation regarding a request from James Obert for rezone of property in the vicinity of 4202 Summitview Avenue Bruce Benson, Planning Supervisor, explained that two adjoining properties on Summitview Avenue are not similarly zoned. Following the public hearing, the Hearing Examiner recommended the rezone be approved. Staff recommends upholding the Hearing Examiner's recommendation for the rezone. There was one letter of opposition that requested the property remain vacant in perpetuity. The Public Hearing was opened. . No one came forward to speak. - The Public Hearing was closed. JOHNSON MOVED AND BONLENDER SECONDED TO ACCEPT THE HEARING EXAMINER'S RECOMMENDATION AND DIRECT LEGAL TO PREPARE THE APPROPRIATE LEGISLATION. The motion carried by unanimous roll call vote; Edler absent. • CITY MANAGER'S REPORTS 8. Consideration of Resolution authorizing execution of a Cooperative Agreement with the Washington State Department ofTransportation and Yakima County for the removal of the manmade river restriction known as the Ranney Well Dave Brown, Water & Irrigation Manager, presented the Cooperative Agreement, and introduced members from the Department of Transportation and Yakima County. He explained how, several years ago, there was a partnership agreement that produced a report identifying 20 projects needing to be done. With this agreement, two of those will be accomplished and another will start. This agreement will decommission the Ranney Well. The City Clerk read the resolution by title; JOHNSON MOVED AND LOVER SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Edler absent. RESOLUTION NO. R- 2007 -102, A RESOLUTION authorizing the City Manager to execute the attached and incorporated Cooperative Agreement For Lower Naches River Floodplain Enhancement between the Washington State Department of Transportation, City of Yakima, and Yakima County for the removal of the manmade river restriction known as the Ranney Well. 4 425 JULY 17,2007 *9. Consideration of Resolution authorizing execution of an agreement with Yakima Valley Community College to provide, through its Retired and Senior Volunteer Program, volunteer support to senior citizens RESOLUTION NO. R- 2007 -103, A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Yakima Valley Community College (YVCC), for the purpose of providing, through its Retired and Senior Volunteer Program, volunteer support to senior citizens within the City of Yakima. *10. Consideration of Resolution declaring surplus and authorizing disposition of certain rolling stock and . equipment from various City Divisions RESOLUTION NO. R- 2007 -104, A RESOLUTION declaring ER 2164, a 1995 Chevrolet S -10 extended cab pickup, VIN # 1GCCS19Z2S8232697, ER 1298, a 1990 Ford Fiesta, VIN# KNJPT05H2L6144488, ER 3159, A 1990 Ford Club XLT 15 passenger van, VIN # 1 FBJS31 M8LHA61916, surplus to the needs of the City of Yakima, and authorizing their sale in a manner most beneficial to the City of Yakima. *11. Consideration of Resolution correcting Resolution No. 2007 -83, and authorizing execution of an AIA construction contract with Stephens& Son Construction to provide construction services for the remodel of the Police Department Crime Lab RESOLUTION NO. R- 2007 -105, A RESOLUTION correcting previously approved Resolution No. 2007 -83; and to ratify the City Manager of the City of Yakima's execution of an AIA Construction Contract with Stephens and Sons Construction, Inc. to provide construction services to the City of Yakima Police Department for the remodel of the Yakima Police Department Crime Lab. *12. Set Date of Public Hearing for August 7, 2007 at 7:00 p.m. to consider the approval of a Development Agreement with Wide Hollow Development for property on South 40 Avenue, just south of Wide Hollow Creek (Creekside West) August 7, 2007, at 7:00 p.m., was set as the date of public hearing to consider the approval of a Development Agreement with Wide Hollow Development for property on South 40 Avenue, just south of Wide Hollow Creek (Creekside West). *13. Set Date of Public Meeting for August 7, 2007 at 7:00 p.m. to consider the Final Plat approval for Phase 3 of Apple Blossom subdivision located in the vicinity of South 64 and Occidental Avenues August 7, 2007, at 7:00 p.m., was set as the date of public meeting to consider the Final Plat approval for Phase 3 of Apple Blossom subdivision located in the vicinity of South 64 and Occidental Avenues. 5 426 JULY 17, 2007 ORDINANCES 14. ; First reading of an Ordinance amending the 2007 budget and appropriating funds for unanticipated contractual jail costs City Manager Zais described the rising jail cost projections. We went through this last year, earlier this year, and have been put on notice by the County to expect to see a 9% increase in our costs for next year's budget. Lt. Gary Belles gave details of the increased costs. Mr. Zais noted it is a non - budgeted expense but we have a responsibility to adjust appropriations to stay in line. The funds will come from reserves and any unexpended balance, particularly in the .3% sales tax. We may have to look for other resources for the jail costs in the 2008 budget. He also raised the issue of medical costs for prisoners. They tried to get relief at the last legislative session and will be going back to the State with other cities as partners. An Ordinance amending the 2007 budget and appropriating funds for unanticipated contractual jail costs, was read by title only, and laid on the table until August 7, 2007 for a second reading. 15. Consideration of an Ordinance amending the Yakima Municipal Code relating to criminal street gang activity Cynthia Martinez, Prosecuting Attorney, explained how the ordinance creates mandatory minimum penalties for crimes that are committed for the benefit of a gang. The ordinance focuses on the motive of the crime. Council Member Lover read a statement he had written. He wanted a proactive, tough, anti -gang ordinance, but received a professionally sensitive, anti -risk ordinance. LOVER MOVED AND JOHNSON SECONDED TO ADOPT THE SUNNYSIDE ORDINANCE WITH ADMINISTRATIVE MODIFICATIONS TO FIT • YAKIMA AND NOT THE PROPOSAL IN FRONT OF THE COUNCIL. Each Council member made a statement regarding the proposed ordinance. Council Member Johnson agreed the ordinance was "watered down" too far. He emphasized that we need to take a stand and send a message to Olympia that it is no longer acceptable and they have to change the law. He also said that if someone wants to challenge us, let them. Council Member Cawley would like the police administration to look at the Sunnyside ordinance and recommend what they can enforce. Council Member Bonlender suggested sending the ordinance back to staff and also suggested getting recommendations from the Police Chief on what they can enforce. Chief Granato responded that there are many things he'd like to see addressed in the ordinance, such as gang intimidation where they are forcing people to join a gang. We should be actively investigating, as a policy of the City, those types of crimes. He felt the issues of identifying gang members and leaving a gang, can be addressed in an ordinance. It is our intent to send a message. There are a lot more gang ordinances that could be passed and be more effective, but we need state support to get it done and that is not there. What we can enforce constitutionally in this state is going to be very difficult. The ACLU is actively trying to find victims of profiling on the gang ordinance. Council Member McClure said he opposes the motion because we would be passing an ordinance with just a name change. He fears it is too broad and we couldn't 6 427 JULY 17,2007 take action �n all of it. Council Member Cawley feels we have to act now; we know what the problem is. Richard Hardesty, 304 N. 28 Avenue, gave ideas of what he was involved with in Northern California to deal with graffiti. With regard to the ordinance, taking out the juvenile component will cause gangs to use their soldiers who are under 18. He said in California they never got challenged and had zero tolerance of gangs. He offered to get involved and give input on this issue. Lynne Kittelson, 305 N 9 Street, was disappointed that the ordinance had no teeth in it. She suggested Council read the three pieces of legislation that California passed. The question was called for a vote on the motion. Council Member Lover again read something he had written regarding having confidence in our police to do this right. Council Member McClure reinforced that this ordinance also does not address juvenile crime because it cannot. Council Member Whitman would like to send it back to staff to work on, have it reviewed by the Public Safety Committee on August 1 and then have it ready for the next Council meeting. The motion carried by a 4 -2 roll call vote; Edler absent, McClure, and Whitman voting nay. NOTE: Due to a procedural issue of not having the ordinance read prior to voting, the vote on the ordinance was retaken at a July 20, 2007 special meeting. 16. Consideration of Ordinance amending the Yakima Municipal Code to create a Downtown Yakima Parking Commission to serve as an advisory committee to the Yakima City Council regarding downtown parking issues Assistant City Manager Zabell pointed out that we currently have three different ordinances on downtown parking that are not coordinated. The proposed ordinance . would create a commission to evaluate those ordinances and come back with a parking plan in a defined district. There was discussion on the Committee for Downtown Yakima doing the recommendations for appointment to the Commission. Council Member Whitman recommended taking out the phrase "by resolution" with regard to appointments as no other committee requires it be done by resolution. JOHNSON MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. Brenda Batali commented on downtown parking, specifically that we should not charge for parking in the downtown area. CAWLEY MOVED AND LOVER SECONDED TO AMEND THE ORDINANCE UNDER 9.49.060C TO READ "RECOMMENDATIONS FOR MEMBERSHIP ON DOWNTOWN YAKIMA PARKING COMMISSION SHALL COME BEFORE A COUNCIL APPOINTING COMMITTEE TO INTERVIEW AND RECOMMEND FOR APPOINTMENT TO THE FULL COUNCIL ". Bonlender spoke against the motion. The motion failed by a 4 -2 roll call vote; Bonlender, Johnson, McClure and Whitman voting nay, Edler absent. LOVER MOVED AND CAWLEY SECONDED TO AMEND THE ORDINANCE UNDER PURPOSE, 9.49.010, TO REMOVE THE WORDS "AND CITY MANAGER ". The motion failed by a 5 -1 roll call vote; Cawley, Johnson, McClure, Whitman and Bonlender voting no; Edler absent. It was agreed to make a clerical correction to eliminate under 9.49.060C the words "by resolution." The question was called for a vote on the original motion. The motion carried by a 5 -1 roll call vote; Lover voting nay, Edler absent. 7 428 JULY 17, 2007 ORDINANCE NO. 2007 -35, AN ORDINANCE relating to Traffic Regulation; creating a Downtown Yakima Parking Commission to serve as an advisory committee to the Yakima City Council regarding downtown parking issues; and enacting a new chapter 9.49 of the City of Yakima Municipal Code. 17. Other Business *A. Consideration of Resolution authorizing the sole source purchase of personal protective equipment (bunker gear) for the Fire Department RESOLUTION NO. R- 2007 -106, A RESOLUTION authorizing the City Manager to purchase Firefighter Personal Protective Equipment from Sea Western for an amount not to exceed $40,000 plus sales tax per year for the next five years as a sole source without calling for bids and further authorizing the City Manager to execute all appropriate and necessary documents to complete the purchase transactions. *B. Consideration of Resolution granting a public fireworks display permit to Eagle Fireworks at the July 28, 2007 Yakima Bears baseball game RESOLUTION NO. R- 2007 -107, A RESOLUTION granting a public fireworks display permit to Eagle Fireworks on behalf of the Yakima County Stadium, Yakima Bears Baseball. *C. Second reading of an Ordinance amending the 2007 Budget and appropriating funds to provide for negotiated wages and benefits for the Yakima Police Patrolman's Association An Ordinance amending the 2007 budget and appropriating funds to provide for negotiated wages and benefits for the Yakima Police Patrolman's Association, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2007 -36, AN ORDINANCE amending the 2007 budget for the City of Yakima; and making an appropriation of $185,000 in the 000 — General Fund for expenditure during 2007 to provide for negotiated wages and benefits for Yakima Police Patrolman's Association (YPPA). • Kiwanis Park Council Member Lover raised an issue of a memo received from Parks about Kiwanis Park and the incinerator. He spoke "straight to the comprehensive plan," which is what guides the Parks Department. He then read something he had written regarding the objective in Chapter 6. After a long dissertation, Mayor Pro Tem McClure asked if he was recommending a study session. Following a lengthy discussion, it was determined they would split the study session scheduled for August 14 and add Kiwanis Park. City Manager Zais complimented Connie Little with respect to a letter on this subject, and thanked her for sending a check in the amount of $505 to benefit the graffiti eradication effort. 8 429 JULY 17, 2007 18. Adjournment CAWLEY MOVED AND WHITMAN SECONDED TO ADJOURN TO JULY 24, 2007 AT 9:00 A.M. FORA STUDY SESSION ON THE WATER RATE STUDY. The motion carried by unanimous voice vote; Edler absent. The meeting adjourned at 9:50 p.m. READ AND CERTIFIED ACCURATE BY cr Lg !e .' -� 1 CO L M BE' DATE C !VTOL MEMB R DATE ATTEST: CITY CLERK NEIL McCLURE, MAYOR PRO TEM Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office • 9