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HomeMy WebLinkAbout04/06/2010 Business Meeting 218 • YAKIMA CITY COUNCIL BUSINESS MEETING APRIL 6, 2010 COUNCIL CHAMBERS — YAKIMA CITY HALL 5:00 P.M. — EXECUTIVE SESSION 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Executive Session: • Pending and Prospective Litigation • Property Acquisition • Update on complaint brought against a public official Executive Session was held and adjourned at 6:03 p.m. 6:00 P.M. — BUSINESS MEETING • 1. Roll Call Present: Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave Ettl and Bill Lover Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster 2. Invocation /Pledge of Allegiance Mayor Cawley gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations B. Presentations /recognitions /introductions 1. Recognition of Community and Economic Development Director Bill Cook's retirement Mayor Cawley read a proclamation of commendation for Bill Cook's 13 years of service with the City. Bill is retiring this month. City Manager Zais presented plaques and a City of Yakima watch honoring Bill's service. 2. Presentation by Ken Johnson on trolleys Ken Johnson gave a Power Point presentation on the Yakima Valley Trolleys and invited the Council and staff to ride the trolleys on April 10 at 10 a.m. He presented a plaque to Bill Cook for his service to the Trolleys over the years. 219 APRIL 6, 2010 C. Status reports on prior meeting's citizen service requests 1. Request from Dave Tompkins regarding Sandwich Boards Joe Caruso reviewed a written response to this request that explained the citations, the blockages and the need for safety. The City has been receiving complaints as a result of beginning to fully enforce the ordinance. There currently are no provisions for sandwich boards in the right -of -way. The Codes Division has met with all the businesses and supplied some recommendations in the areas of limitations, guidelines, and adhering to ADA requirements. Dave Tompkins responded that the recommendations were reasonable and would like to have Council consider amending the code. Candy Turner thinks it is a bad idea to enforce the code. She suggested forming a City committee that would review and approve the boards, charge an annual license fee and issue a permit to display the boards. Pat L'Heureux, owner of Yakima Beauty Supply and Wig Company, explained why she feels the boards are necessary. She is willing to pay a fee in order to use sandwich boards. COFFEY MOVED AND ETTL SECONDED TO DIRECT THE ECONOMIC DEVELOPMENT COMMITTEE TO REVIEW THE SANDWICH BOARD ORDINANCE AND BRING FORWARD SUGGESTIONS TO THE FULL COUNCIL. The motion carried by unanimous voice vote. 2. Request from Jim Evans regarding the Doty housing project at 45 and Alpine Way Ken Harper, legal counsel, pointed out that the City has been an active enforcement agency of its codes for years with respect to property at 45 Avenue and Alpine Way. He spoke of court involvement and an injunction that was obtained. Since that time, there has not been a level of violation that requires further court action. Ongoing problems have been handled administratively and they have been able to get code compliance to the minimal standards. The appearance of the properties, although not aesthetically pleasing, is not covered by the code. Mr. Harper advised that the Council is interested in finding a resolution to the problem but what currently exists is the result of the private market in action. The City is not in a position to offer a cure - all resolution that cannot be accomplished through code enforcement. Mr. Evans accused the City of game playing and continued to complain about the aesthetics of the property. D. Appointments to Boards, Commissions and Council Committees - None 4. Consent Agenda Mayor Cawley referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Items No. 10 and 16 were added and Item No. 17 was removed. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. COFFEY MOVED AND ADKISON SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) 2 220 APRIL 6, 2010 *A. Consideration of approval of Council Meeting Minutes • Adjourned Meeting — March 2, 2010 • Business Meetings — March 2 and March 23, 2010 The minutes of the March 2, 2010 Adjourned meeting and the March 2 and March 23, 2010 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. *B. Consideration of approval of Council Committee Meeting Minutes — None 5. Audience Participation George Pechtel, Barbara Greco, Matt Klaus, and Jamie Stickel invited everyone to help lay sod at the new "Performance Park" on Saturday morning. Mike Hunnel continued his claims that the City is discriminating against the handicapped by not responding to code violations he reports. He requested City administration be restructured, something he had suggested at a previous City Council meeting. He also claimed he had never been given the information he requested describing the "hoops" the Arts Giving Circle went through with regard to the art at North Front and "A" Streets. That request had been responded to during the Council meeting at which it was requested; therefore no written response was required nor given. Charles Noel, 1101 N. 4th Street, spoke about the ongoing graffiti and gang problems in his neighborhood expressing great concern for the safety of his family & neighbors. 7:00 P.M. — PUBLIC HEARINGS 6. Public hearing and consideration of an Ordinance confirming the Final Assessment Roll for the 85 and Kail Sewer LID #1060 Doug Mayo, City Engineer, described the Local Improvement District (LID) and stated the project has been completed; therefore they are presenting the final assessment roll. • Mayor Cawley opened the public hearing Don Poston, 8503 Kail, stated they originally had a bid from Premier Excavation for $270,000 but the summary sheet showed construction at approximately $331,000. During the process, Nob Hill Water came in behind the contractor. The road sat untouched for 120+ days and as a result, had to be paved. He wanted to make sure that the repaving wasn't part of the assessment and that the extra $62,000 had nothing to do with the asphalt as it was a contract outside of the LID project. Mr. Mayo advised that the City worked in collaboration with Nob Hill Water. At the same time the City was tearing up the street and hooking up side sewers, Nob Hill Water put in new water services. At the end of the project costs were shared. Nob Hill Water contributed $14,000 towards the project. He explained that construction was $331,000 but then there was the cost of surveying, Engineering services, etc. in 3 221 APRIL 6, 2010 addition to actual amount paid to the contractor. The total was really closer to $415,000. That amount was reduced by the $14,000 from Nob Hill Water, and $25,380 from Wastewater, for a final price of $375,880. Deb Woods and Paula White, 8703 and 8704 Juanita Drive, claimed that their street is still not completed and was left a mess. In letters and discussions with the Engineering Department they had been told it was supposed to be put back to the condition it was in before construction started. The job is not complete and they do not think they should be charged until it is. They supplied pictures to the City Clerk. Linda and Doug Gordner complained about dealings with a City employee and the way the property was left. • Mayor Cawley closed the public hearing Michael Morales, Deputy Director of Community and Economic Development, said the City still has the contractor's retainage and bond. Both of those do not have a bearing on final assessment role. They will look into claims about staff interaction and the condition of the properties. If the City has to exercise their authority with the contractor, it is covered in the costs already. EDLER MOVED AND ADKISON SECONDED TO CONTINUE THE HARING. The motion carried by unanimous roll , call vote. 7. Open record public hearing to consider the Hearing Examiner's recommendation to approve vacating a portion of public right -of -way in the vicinity of Chestnut Avenue and 8th Street Joseph Calhoun, Assistant Planner, described the vacation requested by Yakima Neighborhood Health (YNH). The Hearing Examiner held an open record hearing on February 11, 2010 and recommended approval subject to six conditions on February 26, 2010. One of the conditions was that an independent appraisal be done before this Council meeting. Mr. Calhoun distributed an appraisal of $11,000 which requires compensation of $5,500 to complete the alley vacation. • Mayor Cawley opened the public hearing Anita Monoian, Executive Director of YMH, spoke in favor of the vacation. • Mayor Cawley closed the public hearing EDLER MOVED AND ADKISON SECONDED TO HAVE LEGISLATION BROUGHT FORWARD IN SUPPORT OF THE VACATION. The motion carried by unanimous roll call vote. 8. Public Hearing and consideration of a Resolution to amend the Six -year Transportation Improvement Program (TIP) Michael Morales, Deputy Director of Community and Economic Development, explained that the amendment list allows us the ability to qualify projects for state and federal transportation funding. The order of the list does not reflect the item's priority. This year's amendments include items such as continuing clarification of 4 222 APRIL 6, 2010 segments of the West Nob Hill Boulevard improvement corridor and the 18 Street Underpass project. The 88 Avenue /Tieton Drive project has been added to the list with the intent to apply for Transportation Improvement Board School Route Safety Program dollars this year. He also referred to the West Valley Transit Center project to establish a satellite that requires property acquisition. • Mayor Cawley opened the public hearing and with no one coming forward, closed it The City Clerk read the resolution by title; EDLER MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. Motion carried by unanimous roll call vote. RESOLUTION NO. R- 2010 -42, A RESOLUTION to amend the Six -year Transportation Improvement Program (TIP) for the period of 2010 through 2015 to include projects affecting the City's Transportation Plan. CITY MANAGER'S REPORTS 9. Consideration of options to strengthen panhandling'enforcement City Manager Zais opened the subject by noting that while panhandling is a major concern, it is not the overarching issue in policing today; gangs and crime are. City Attorney Cutter stated that from notes taken at the recent public hearing it was his conclusion there are two areas where testimony supports stricter regulation than we now have; control of panhandling in public parking lots and at after dark. He went on to explain the legal theory supporting the proposed enforcement changes. Kelly Rosenow, Deputy Police Chief, spoke about the impact of increased enforcement on Department overtime. He said another enforcement option is to again have downtown footbeat officers. He also referred to a community education program to help the citizens realize that giving money enables the problem and using script for transportation, food, and clothing could narrow support to the really the needy citizens. Council Member Edler expressed concern that the proposed solutions would not address helping the mentally challenged panhandlers. Chief Granato commented that it is a prioritization of resources and there is a need for community - wide education letting people know there are resources available. Mary Jones, Becky St. John, Jamie Stickel, Lynn Hardin, and Charles Noel spoke in favor of the proposed changes to the ordinance. EDLER MOVED AND COFFEY SECONDED TO INSTRUCT THE CITY MANAGER TO BEGIN PREPARING LEGISLATION QUICKLY TO MOVE PUBLIC PARKING LOTS AND AFTER DARK INTO THE ENFORCEMENT AREA AND THEN CREATE BROADER LEGISLATION LATER. The motion carried by unanimous roll call vote. City Attorney Cutter clarified that this is classified as an infraction with the penalty being a monetary fine only. It was again emphasized that we cannot afford to take effort away from fighting the gang problem. Therefore, we must use the Reserve force or another approach rather than take away from our top priority of fighting gangs. Council Member Ettl suggested PD work with Community Relations Director Beehler to see about getting radio, TV, and the newspaper to team up on a public 5 223 APRIL 6, 2010 service campaign on what we're trying to do and advising citizens to not be enablers. Council Member Coffey suggested Jamie Stickel, as President of the Community for Downtown Yakima, put out public service announcements and develop a campaign. Mr. Stickel appeared to agree. *10: Consideration of a Resolution authorizing execution of a grant application for $25,000 from the Yakima County Supporting Investments (SIED) in the Economic Development fund for the North 1 Street Corridor Revitalization project RESOLUTION NO. R- 2010 -43, A RESOLUTION authorizing the City Manager to execute and submit a planning grant application and related documents in the amount of $25,000 to the Yakima County Supporting Investments in Economic Diversification fund for transportation and public facilities planning related to the North 1 Street Corridor Revitalization Project. *11. Consideration of a Resolution authorizing execution of . an interlocal agreement and Addendum #1 with various law enforcement agencies for the formation of a violent crimes task force RESOLUTION NO. R- 2010 -44, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Agreement and Addendum No. 1 to said Agreement, in order to have an Agreement that conforms with grant funding requirements for this task force and is in accord with the Agreement executed by the Yakima County Sheriff's Office, Yakima County Department of Corrections, Sunnyside Police Department, Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, Immigration and Customs Enforcement, U.S. Marshalls Service, Yakama Nation Police Department and Washington State Department of Corrections for the formation of a violent crimes task force. *12. Consideration of a Resolution authorizing execution of an agreement with the Yakima Valley Umpires Association for officiating services for the Parks and Recreation 2010 softball program RESOLUTION NO. R- 2010 -45, A RESOLUTION authorizing and directing the City Manager to execute an agreement with the Yakima Valley Umpires Association to obtain softball officiating services for the City of Yakima's organized softball program. *13. Consideration of a Resolution authorizing execution of an agreement with Huibregtse, Louman Associates for engineering and consulting services related to Phase 4 of the irrigation system replacement/rebuilding project RESOLUTION NO. R- 2010 -46, A RESOLUTION authorizing the City Manager to execute the attached and incorporated engineering and consulting services agreement with Huibregtse, Louman Associates for engineering and consulting services associated with the design of improvements to the City of Yakima irrigation systems; also authorizing the execution of other documents related to the design, contract administration and construction associated with completion of Phase 4 of the Irrigation System rebuild /refurbishment. 6 224 APRIL 6, 2010 *14. Set date of open record public hearing for April 20, 2010, to consider Yakima Transit's 2010 Transit Development Plan April 20, 2010 was set as the date of open record public hearing to consider Yakima Transit's 2010 Transit Development Plan • • *15. Set date of public hearing for April 20, 2010 regarding the chronic nuisance property ordinance April 20, 2010 was set as the date of open record public hearing regarding the chronic nuisance property ordinance ORDINANCES *16. Consideration of an Ordinance approving the City of Yakima Planning Commission's recommendation for amendments to the Yakima Urban Area Zoning Ordinance (UAZO), Yakima Municipal Code (continued from 3/23/10) ORDINANCE NO. R- 2010 -16, AN ORDINANCE relating to the regulation of land use and development in the City of Yakima and amending the following sections of Title 15 of the City of Yakima Municipal Code: 15.02.020, 15.04.030, 15.04.050, 15.04.060, 15.04.160, 15.05.020, 15.05.030, 15.06.040, 15.06.065, 15.06.090, 15.06.110, 15.06.140, 15.06.150, 15.08.130, 15.09.045, 15.17.020 17. Consideration of an Ordinance amending various sections of the Yakima Municipal Code to establish the City of Yakima Planning Commission, replacing the Regional Planning Commission Joan Davenport, Planning Manager, gave a brief overview of the amendments. By Resolution R- 2009 -164, the Regional Planning Commission (RPC) was temporarily designated the City Planning Commission to allow them to complete the current work; the West Valley Neighborhood Plan is expected to be completed by the end of May. They will wait until that plan is complete before seating a new commission. John Hodkinson, Chair of the RPC, said there is a lack of clarity of what will happen. There has been some discussion about reinstating the Urban Area Regional Planning Commission again. He expressed concern about the proposed residency requirement and suggested allowing at least two or three positions be at -large positions allowing people that have an interest in the city, work in the city, have knowledge of zoning and the affect it has on a community, etc. to be non - residents. He said they also must have the City and County at heart and be willing to work with both of their staff and have a goal to get the City and County's standards together. He also suggested Title 12 be reopened. John Crawford, Corporate Construction, said he was worried about the unintended consequences of a residency requirement; it would require replacement of John Hodkinson on the Commission. He claimed the Commission works very well and doesn't think changing it would be necessary or beneficial. 7 225 APRIL 6, 2010 Council Member Ettl explained that the statement about the potential of reinstating the RPC came from comments made by County Commissioner Leita at an Intergovernmental Committee meeting. Discussion about the 4 -Party Agreement, the potential of using the same RPC members, and the proposed residency requirement ensued. It was noted that with the County's parallel ordinance, when the Planning Commission is done reviewing the West Valley Neighborhood Plan the City will not have the joint planning process and have lost the urban area planning portion. The City Clerk read the ordinance by title only, EDLER MOVED AND ADKISON SECONDED TO PASS THE ORDINANCE. CAWLEY MOVED AND COFFEY SECONDED TO AMEND THE ORDINANCE CHANGING THE REFERENCE FROM MAYOR TO CITY MANAGER. The motion carried by unanimous voice vote. Discussion continued on the issue. CAWLEY MOVED AND EDLER SECONDED TO CHANGE CITY MANAGER TO CITY COUNCIL. The motion carried by unanimous voice vote. The motion to pass the amended ordinance failed by a 4 -3 vote; Lover, Ettl, Coffey and Ensey voting no. Mr. Morales asked for clarification of what steps the Council would like taken on the development of a City Planning Commission. Council Member Ettl suggested their be outreach with the County on the potential of re- establishing the Regional Planning Commission while working on the residency language of the proposed ordinance. It was referred to the Rules and Procedures Committee for modification before returning it to the full Council. 18. Other Business Mayor Cawley raised the issue of the 125 anniversary of our city moving from North Yakima to Yakima and how he would like to promote a celebration. ENSEY MOVED AND EDLER SECONDED TO HAVE THE MAYOR WORK ON 125 BIRTHDAY OF YAKIMA. The motion carried by unanimous voice vote. Council Member Lover suggested an item for a future "standing meeting" agenda be, while the Lincoln Avenue Underpass is being completed, all necessary work be done to change it over to a two -way arterial. It was the consensus of Council to refer the suggestion to the Transportation Committee. Council Member Ettl suggested Yakima begin using E- Verify as part of the employment process. This item will be brought back on a future agenda. Assistant Mayor Coffey suggested holding public meetings out in the community to give citizens an opportunity to bring their issues to the Council. COFFEY MOVED AND ETTL SECONDED TO HAVE A SERIES OF THREE OPEN PUBLIC MEETINGS THROUGHOUT THE COMMUNITY. It was clarified that attendance by Council would not be mandatory. The motion carried by a 6 -1 voice vote, Lover voting no. 8 226 APRIL 6, 2010 Mayor Cawley stated that the Council is very bothered about innocent victims being shot by gang members and they are working on solutions to address those issues. He reiterated that gang violence is the Council's number one priority. 19. Adjournment EDLER MOVED AND COFFEY SECONDED TO ADJOURN TO 5:00 P.M. ON APRIL 20, 2010 FOR A COUNCIL STANDING MEETING PRIOR TO THE REGULAR CITY COUNCIL BUSINESS MEETING. The motion carried by • unanimous voice vote. The meeting adjourned at 9:28 p.m. READ AND CERTIFIED ACCURATE BY `' . • UNCIL MEMB DATE 7 COUNCIL MEMBER DATE ATTEST: •-• k/l/t CITY CLERK MICAH CAWLE ; MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office 1 9