HomeMy WebLinkAbout02/20/2007 Business Meeting 312
BUSINESS MEETING
FEBRUARY 20, 2007 — 5:00 P.M.
COUNCIL CHAMBERS — CITY HALL
1. Roll Call
Present:
Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah
Cawley, Bill Lover, and Neil McClure
Staff: City Manager Zais and City Clerk Moore
Absent: Susan Whitman (excused)
2. Executive Session regarding Collective Bargaining, Pending and Prospective
litigation
McCLURE MOVED AND CAWLEY SECONDED TO MOVE INTO EXECUTIVE
SESSION. The motion carried by unanimous voice vote; Whitman absent
Executive Session adjourned at 6:00 p.m.
6:00 P.M. — PUBLIC SESSION
1. Roll Call
Present:
Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah
Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman
Staff: City Manager Zais, City Attorney Paolella and City Clerk Moore
2. Invocation /Pledge of Allegiance
Council Member Cawley gave an invocation and led the Pledge of Allegiance
3. Open Discussion for the Good of the Order /Special Presentation
A. Proclamations — None
B. Special Presentations
Mayor Edler presented the AWC Certificate of Leadership to Council Member Susan
Whitman.
C. Status report on prior meeting's citizen service request:
1. Pedestrian crosswalk signal at 16th Avenue and Hathaway Street — Ryan
Pell and Tony Courcy
Shelley Wilson, Streets and Traffic Operations Manager, reported on a meeting that
had been held on this subject. Staff prepared a map showing where we have
pedestrian and bicycle collisions in Yakima and noted they have received 19 other
requests for pedestrian -type facilities across arterial streets. Because there have
been several accidents along the 16 Avenue corridor, the Transportation Plan
raises the need to address safety issues there. Staff recommends taking a
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programmatic approach and look at all intersections to determine what needs to be
done and how to spend available money while pursuing state and federal grants.
The number of correctable incidents is a highly considered item when applying for
grants. The Pedestrian /Bicycle Committee, as well as the Council Transportation
Committee, would review these on, s of
just painting a cross walk as a temporary Mrs. measure said with ponding volumes to a like this, suggestion
industry standards are not to paint cross walk lines. Across the United States,
studies have shown that with a painted crosswalk alone, you will end up with
collisions. Council Member Johnson agreed that we need some kind of a stop gap
measure. Mrs. Willson reminded them that there are 19 areas with similar requests.
We can look into flashing lights and bring that option back to Council. It was noted
that there are alternatives but it is a prioritization problem. Some of these requests
have been waiting for a number of years.
2. Enforcement of Title 12 and 15 building codes — Doug Lemon
Ken Harper, Counsel for the City of Yakima, advised that Doug Lemon alleged he
had raised numerous matters to the City's attention and he had not been getting
timely responses to his requests. As a response, the City Manager's office prepared
a spreadsheet. Each page has approximately fifty entries, estimating there have
been 260 -270 inquiries logged by Mr. Lemon and /or others associated with
properties owned by Mr. Lemon. They were logged and tracked by staff and
responses were provided to Mr. Lemon. Although we do not want to get into a
debate on the merit on those responses, we want to show how we have a system in
place to track these types of inquiries.
3. Code compliance issues — Mike Hunnel
Joe Caruso, Code Enforcement Supervisor, responded to the handicap parking
situations raised by Mr. Hunnel during the February 6 Council meeting. He said it
appears Mr. Hunnel has some confusion on state and federal ADA laws. State laws
are what we must enforce.
• 61 West Nob Hill Boulevard, Help U Sell - we have been working with them for
several months. The occupant painted the dimensions incorrectly twice. They
said, due to weather, they will correct it in April.
• Pizza Hut at 3915 Kern - Mr. Hunnel claimed there was no handicap accessible
parking. We have a picture showing there is van accessible handicap parking,
but two lots share it. They are in compliance.
• 3804 Kern — this location was addressed months ago in response to a claim of
19 violations. The handicap sign had been removed for landscaping and not put
back. It is now in place.
• 602 N. 39 Avenue — Engineering looked at this and the ramps are not as
shown in city standards, the main reason for which was existing terrain. The
driveway into the doctor's office is very steep, 12 -13% grade but the area for the
parking isn't quite as steep and appears to be accessible.
Mayor Edler told Mr. Hunnel that we had asked him to work with our staff on these
complaints and yet he continues to come back to Council. He expressed concern
that we are expending a large amount of city dollars chasing shadows. Mr. Caruso
said we have attempted to get the Director of the State Building Codes here to help
clarify things for Mr. Hunnel, but have had a scheduling problem.
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4. Yakima Ice Arena — Donean Bergin
A letter was included in the packet that has been sent to the Bergins.
D. Appointments to Council Boards and Commissions - None
4. Consent agenda
Mayor Edler referred to the items placed on the Consent Agenda, questioning whether
there were any additions or deletions from either Council members or citizens present.
Item No. 8 was added to the Consent Agenda. The City Clerk read the Consent
Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND
McCLURE 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.)
*A. Approval of the minutes of the December 4, 2006 Adjourned meeting
The minutes of the December 4, 2006 Adjourned meeting were approved, having been
duly certified accurate by two Council members and no one present wishing to have said
minutes read publicly.
*B. Council Committee Meeting Reports:
1. Public Safety Committee (1/23/07)
2. Downtown Yakima Futures Initiative Committee (1/24/07
3. Economic Development Committee (2/7/07)
5. Audience Participation
Gisela Rigby, 4908 Englewood Avenue, has come to Council multiple times regarding a
break in the street in front of her house. One of those times, Brett Sheffielf from
Engineering, presented a plan to repair it. The plan did not work. After weather delays
and much more interaction with the City, it has still not been repaired. Brett Sheffield,
Acting City Engineer, explained why the first plan didn't work and why the second plan
got delayed. Leingang Excavating has been contracted to do the work, although he is
nervous about going in and repaving as they are not totally confident the repair will work.
If it doesn't, they will have to dig up the asphalt again to put in the catch basin and pipe.
Ms. Rigby said she appreciates what the Engineering Department is doing, however she
came to the Council meeting to ensure it isn't just filled in with gravel. An incorrectly
installed catch basin was actually the original problem. She requested her driveway be
paved in the spring.
Jeffery Bohlinger, a letter carrier, advised that the second Saturday in May will be
Letter Carrier Food Drive Day and requested a proclamation again this year. He was
advised it will be presented at the City Council meeting just prior to that drive.
David Hawkins commented that he had read in the paper that if the Red Light Camera
system was implemented, Yakima would experience a 15% increase in rear end
collisions His spoke about the need to "kick out the drunks and druggies, and police in
red hot pursuit."
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Robert Dameron requested instructions on school buses be in Spanish as well as
English.
Mike Hunnel brought more complaints on where he thinks the City is not complying with
state standards on ADA. He encouraged citizens to contact their representatives.
Doug Lemon, 206 N. 6th Ave., complained about sloppy work on the sidewalks
downtown. He encouraged Council to check on the work and raise the quality.
He then spoke about alleged violations of the urban area zoning ordinance. He said he
has not received a satisfactory response from Ken Harper, Doug Maples or Bill Cook.
He demanded an answer in writing on how some violations are allowed and claimed that
the same rules that are applied to him are not applied to others. He then accused the
Wastewater employees of hiding out, drinking coffee and sleeping for hours at a time.
Council Member McClure responded that Mr. Lemon had made those accusations
before and they were proven false.
Following the Public Hearing held at 7 p.m., Audience Participation was reopened at 8:00 p.m.
Bob Haak asked for a decrease in irrigation rates as he feels he is being over charged.
He requested information on what is being collected and where it goes. He also asked if
it is for repayment of a bond and if rates would go down once the bond is paid. City
Manager Zais suggested meeting with him to review the detailed information he had
requested.
Brandon Brunais spoke about the police. He's in support of their trying to hire more
officers but expressed concern about the "revolving door" of the court system. He feels
it is inappropriate for the police to get involved in the rental housing problem as
discussed at the study session. He feels that is a civil issue, not criminal. It was his
opinion that the landlords must take care of those problems themselves.
PUBLIC HEARINGS — 7:00 P.M.
6. Public Hearing and Consideration of an Ordinance to create proposed sewer
Local Improvement District for Simpson Lane Area
Patty Huff, Engineering Office Assistant, described how the LID began with a petition.
Of the 82 parcels, 59% voted in favor, eight voted no, and there was no response from
the remainder. Several meetings have been held. The estimated cost per parcel is
$5,969.78. An important fact is that a number of homes are having to have their septic
systems pumped indicating system failure. Depending on the level of income, ONDS
will help some homes connect from the side sewer to their house.
• Mayor Edler opened the public hearing.
Doug Lemon, who owns property on 12 and 13 Streets is in support of the LID and
said he would donate easements, if necessary, to have his property included.
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Dave Stahl, felt there hadn't been enough information disseminated. He said there had
been no indication of what it would cost, that the figure Mrs. Huff gave did not include
the house hookup nor the sewer fee. He claimed that once you hook up it will add about
$150 a month for the next ten years. He doesn't think it's been fairly presented.
Michael Morales clarified that one of the purposes of CBDG money is to offset the side
sewer connection cost for those homeowners of low- moderate income. The ability to
connect to the sewer and how you do that from your home to the pipe is the owner's
choice. The need to provide the sewer service is driven by a petition of people in the
area and an understanding of the conditions that warrant extending that service, e.g.
health issues.
Doug Lemon spoke about the benefits of having a sewer system in the neighborhood.
• Mayor Edler closed the public hearing
Mrs. Huff committed to look into Mr. Lemon's request for his property to be included in
the LID. She also explained that the reason we don't give an amount for the connection
to the side sewer is that they can dig it themselves, or go as a group and get a discount.
It is not a mandatory hookup until their sewer fails, but they still have to pay for the LID.
Council Member Whitman asked to have existing sewer shown on future maps. The
City Clerk read the ordinance by title only; BONLENDER MOVED AND McCLURE
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call
vote.
ORDINANCE NO. 2007 -02, AN ORDINANCE providing for the improvement of certain
property by constructing an 8 -inch public sewer system; establishing a Sewer Local
Improvement District, providing for the method of payment thereof, and creating a
special fund.
7. Public Hearing on Yakima School District No. 7 Ballot Proposition
City Manager Zais described how, only after holding a public hearing allowing both pro
and con public testimony, can the Council express individual support, or, as a body, take
a policy position to endorse, oppose or remain neutral on the ballot issue.
John Vornbrock explained the ballot issue. It is duplicative of the bond issue they had
last spring with the key difference of excluding the two major high schools, Eisenhower
and Davis. He listed the projects included and gave details of each.
Ben Soria, Superintendent of the Yakima School District, said that even though the bond
issue failed last May, the needs still exist and the costs continue to go up.
Council Member McClure noted that for a home valued at $150,000, the increase would
be $11.25 per month. He asked if that amount would go down as the assessed value of
the city rises due to new construction and developments because it is shared by more.
The answer was yes because the bond is a set amount.
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• Mayor Edler opened the public hearing
Robert Haak claimed that 22% of the property in Yakima County pays 100% of this
bond. He said most of the property is tax exempt from bonds. He disagreed with the
last bond because it included tearing down the old high schools. He thought tearing
them down was a waste of money.
•
Alonzo Marquez, 613 N. 3rd Street, spoke in opposition. He claimed there is a massive
drop out rate in the schools because the poor people are the ones that are going to be
paying for this and their rent will go up. He also claimed the schools are not honest with
the public and supply misinformation and poor information.
Brandon Bernais also spoke against the bond. He said the public is not seeing any
accountability for where the money is going in the school districts. He questioned the
vandalism problem that the schools seem to accept, and commented that the taxpayers
shouldn't have to pay for something that is going to get destroyed. He questioned many
aspects of the bond, e.g. security, whether they would use local contractors, and spoke
against law enforcement in school.
Michael Morales, 601 S. 34 Ave., said he is a member of the majority of voters in the
Yakima School District, the 59% who were in favor of investing in our schools and our
children in the last election. In response to a statement made earlier by Alonzo
Marquez, he agreed that Hispanics will pay a good proportion of the bond, but they are
also a good proportion of the students. Everyone in the community will help pay for this;
it is not communism, it's community, and that is why we choose to live here. He said he
is confident that this package is worthwhile. It's about time this community realized we
are only cheating ourselves, just to save a few bucks. Every time it doesn't pass, you
really have to rethink what you are trying to accomplish.
Bob Haak said it is not communism but socialism. He asked about a local use tax and
suggested a delegation go to Olympia to see if we can raise some money for the
schools and take some of the burden off property owners.
. • Mayor Edler closed the public hearing.
BONLENDER MOVED AND JOHNSON SECONDED TO SUPPORT THE BALLOT
PROPOSITION. Council Member Bonlender explained how match money from the state
was lost by not passing it last time. Council Member Johnson expressed his support.
Council Member Cawley said he didn't like taking a position as a body. Council Member
Whitman said she personally endorses it although she doesn't favor doing it as a Council.
Council Member Lover doesn't mind holding the public hearing but doesn't like the Council
endorsing it. Council Member McClure and Mayor Edler spoke in support of the bond issue.
The motion carried by a 5 -2 roll call vote; Cawley and Lover voting nay. LOVER MOVED
AND JOHNSON SECONDED TO TAKE A REVOTE TO MAKE IT UNANIMOUS. The
motion carried by a 6 -0 roll call vote; Cawley chose to abstain.
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CITY MANAGER'S REPORTS
*8. Consideration of Resolution authorizing execution of a professional services
agreement with Shockey Brent and Associates for technical planning services for
development regulations update
RESOLUTION NO. R- 2007 -24, A RESOLUTION authorizing the City Manager of the
City of Yakima to execute a Consultant Agreement for Professional Services; the City
requires professional planning services from Shockey /Brent, Inc. to provide the City with
technical planning assistance during the City's Development Regulations update.
*9. Consideration of Fourth Quarter 2006 Treasury Report
The Fourth Quarter 2006 Treasury Report was approved.
*10. Consideration of Resolution authorizing an intergovernmental agreement for
interstate cooperation between the City of Yakima and the City of Portland
RESOLUTION NO. R- 2007 -25, A RESOLUTION authorizing and directing the City
Manager and City Clerk of the City of Yakima to execute an Intergovernmental Agreement
for Interstate Cooperation between the City of Yakima and the City of Portland, Oregon
*11. Set Date of Public Hearing for March 20, 2007 to consider Council redistricting
March 20, 2007 was set as the date of public hearing to consider Council redistricting.
*12. Set Date of Public Hearing for March 6, 2007 to consider the Hearing Examiner's
recommendation to approve with conditions the request of the Yakima Air
Terminal for a Public Agency and Utility Exception under the City of Yakima's
Critical Area Ordinance
March 6, 2007 was set as the date of public hearing to consider the Hearing Examiner's
recommendation to approve with conditions the request of the Yakima Air Terminal for a
Public Agency and Utility Exception under the City of Yakima's Critical Area Ordinance.
ORDINANCES
*13. Consideration of an Ordinance amending the Classification and Compensation Plan
for certain City employees and amending 2.20.100A; 2.20.1000; 2.20.110A; and
2.20.110C of the Yakima Municipal Code
ORDINANCE NO. 2007 -03, AN ORDINANCE relating to City personnel; adopting a
classification and compensation plan for City employees to be effective March 25, 2007;
amending Subsections 2.20.100A, 2.20.100C, 2.20.110A, and 2.20.1100, all of the City of
Yakima Municipal Code.
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*14. Consideration of Ordinances amending the Yakima Municipal Code regarding the
authority to enforce various provisions related to streets and sidewalks, including:
A. Driveway approaches and curb cuts, amending Section 8.64
ORDINANCE NO. 2007 -04, AN ORDINANCE relating to Driveway Approaches and
Curb Cuts, Streets and Sidewalks, and amending sections 8.64.020; 8.64.030;
8.64.040; 8.64.070; 8.64.080; 8.64.100; 8.64.120; and 8.64.140 of the Yakima
Municipal - Code.
B. Excavations and obstructions, amending section 8.72
ORDINANCE NO. 2007 -05, AN ORDINANCE relating to Excavations and Obstructions,
Streets and Sidewalks, and amending sections 8.72.010; 8.72.020; 8.72.045;
8.72.050; and 8.72.060 of the City of Yakima Municipal Code.
C. Trees and shrubs, amending section 8.80
ORDINANCE NO. 2007 -06, AN ORDINANCE relating to Trees and Shrubs, Streets and
Sidewalks, repealing sections 8.80.010; 8.80.020; 8.80.030; 8.80.040; 8.80.050;
8.80.060; 8.80.070 of the City of Yakima Municipal Code in their entirety; and amending
section 8.80.080 of the Yakima Municipal Code.
15. Other Business
Council Member Lover requested a status report on the 308 irrigation rebuild project at
the next Council meeting.
Council Member Whitman gave dates and times that the Public Safety Committee will
be meeting with specific groups regarding the different revenue streams being
discussed for the Safe Community Action Plan. She said they have also discussed the
Crime Free Rental Housing program and have tentatively agreed on $10 per unit with
the potential of capping it at $500 per ownership. This will also be discussed at the
previously referenced Public Safety Committee meetings with the specific groups.
There will also be two study sessions on SCAP. Public Safety has been working hard
on these two subjects.
LOVER MOVED AND CAWLEY SECONDED TO DIRECT STAFF TO TELEVISE THE
PUBLIC SAFETY COMMITTEE MEETINGS ON YPAC. After a long and very
convoluted discussion that included amendments and withdrawn amendments, the
Council voted to pass the motion by a 4 -3 roll call vote; McClure, Whitman and Edler
voting nay. BONLENDER MOVED AND JOHNSON SECONDED THAT WE AS A
COUNCIL ADDRESS THE ENTIRE PUBLIC SAFETY PACKAGE SIMILAR TO LAST
YEAR VIA MEETINGS, STUDY SESSIONS WITH SMALL BREAK -OUT SESSIONS
TO OBTAIN MORE WIDESPEAD INPUT, ETC. After much discussion, the motion
failed by a 5 -2 roll call vote; Cawley, Edler, Lover, McClure and Whitman voting nay.
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CAWLEY MOVED AND McCLURE SECONDED TO REQUEST THE HISTORIC
PRESERVATION COMMITTEE MOVE THEIR MEETINGS FROM 4 :30 P.M. TO 6 :00
P.M.. The motion carried by a 5 -1 roll call vote; Johnson voting nay and Edler
abstaining.
16. Adjournment
CAWLEY MOVED McCLURE SECONDED TO ADJOURN TO FEBRUARY 27, 2007
AT 8:00 A.M. FOR A STUDY SESSION REGARDING A PROPOSAL TO EXPAND A
PARKING AND BUSINESS IMPROVEMENT AREA (PBIA) IN DOWNTOWN YAKIMA.
The motion carried by unanimous voice vote.
The meeting adjourned at 8:40 p.m.
READ AND CERTIFIED ACCURATE B
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COU IL MB p DAT
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COUNCIL MEMBER DATE
ATTEST:
CIT RK DAVID EDLER, MAYOR
Minutes prepared by Linda Watkins. An audio and video tape of this meeting are available in the City Clerk's
Office
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