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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 31 °3 FEBRUARY 20, 2007 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. 2 314 FEBRUARY 20, 2007 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." 3 31'5 FEBRUARY 20, 2007 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. 4 316 FEBRUARY 20, 2007 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. 5 3 FEBRUARY 20, 2007 • 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. 6 3 FEBRUARY 20, 2007 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. 7 31'9' FEBRUARY 20, 2007 *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. 8 320 FEBRUARY 20, 2007 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 ,. , ?Wei COU IL MB p DAT / 9 4 / 0 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 • 9