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HomeMy WebLinkAbout06/05/2007 Business Meeting 390 BUSINESS MEETING JUNE 5, 2007 — 5:00 P.M. COUNCIL CHAMBERS — CITY HALL 1. Roll Call 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 Acting Clerk, Karen Roberts 2. Executive Session Collective Bargaining McCLURE MOVED AND WHITMAN SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR TO DISCUSS COLLECTIVE BARGAINING, LITIGATION AND A COMPLAINT FILED AGAINST AN OFFICIAL. The motion carried by unanimous voice vote. 6:00 P.M. — PUBLIC SESSION 1. RoII Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson (absent 6:37 p.m. to 8:40 p.m.), Bill Lover, Neil McClure, and Susan Whitman Staff: Dick Zais, City Manager; Ray Paolella, City Attorney Paolella and Karen Roberts, Acting Clerk 2. Invocation /Pledge of Allegiance • Mayor Dave Edler 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 /Retirement Recognitions • Presentation of Rotary Welcome Sign and Landscaping Project at East Yakima Avenue Gateway by Darrell Blue, Downtown Rotary Darrel Blue, Stan Martinkus, and Sonja Dodge, representing the three Rotary Clubs, gifted to the City a "Welcome to Yakima" sign that is located at the I -82 /Nob Hill Boulevard interchange. Mr. Blue described the sign project from its inception to the gifting to the City, and recognized several businesses who assisted them. C. Status report on prior meeting's citizen service request - none D. Appointments to Council Boards and Commissions Council Member Bonlender asked staff to schedule interviews with the Council committees for the Parks and Recreation Commission, Community Review Board, and Historic Preservation. • 391 JUNE 5, 2007 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. Items Nos. 12 and 16 were removed from the Consent Agenda. The 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 Council Minutes: • Adjourned Meeting, August 22, 2006 The minutes of the, August 22, 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: • Downtown Yakima Futures Initiative Committee — May 2, 2007; May 23, 2007 • Neighborhood Development Committee — May 23, 2007 • Public Safety Committee — April 4, 2007; April 17, 2007; May 2, 2007; • Rules and Procedures Committee — April 18, 2007; May 16, 2007 • Transportation, Planning Committee — May 14, 2007 The reports were approved. 5. Audience Participation Christine Pelayo, 110 N. 9 Street, and Dora Trevino, 221 J. St., S.E., Quincy, presented Police Chief Granato with a "Stop the Violence" tee shirt in appreciation for the donation of a projector to use in their gang prevention programs with the schools. Tony Courcy, continuing from previous Council meetings, addressed the Council concerning a need for a pedestrian crosswalk on 16 Avenue at its intersection with Hathaway. He claimed he made his original request in February and is still waiting for action on the issue. He also related his pedestrian traffic counts. Thomas Davis advised Council about the frequency of gunshots in his neighborhood (N. 10 Street). He suggested that instead of putting money towards beautifying the downtown, money should be spent to help the people who have gunshots in their neighborhoods. As an aside, he asked why the police officers wouldn't take drug tests. (Council Member Johnson departed at 6:37 p.m. to attend the graduation of his granddaughter. Lynne Kittelson publicly thanked the person /persons responsible for the picket fences at 7 St. and Lincoln Ave. 2 392 JUNE 5, 2007 PUBLIC HEARINGS / MEETINGS — 7:00 P.M. 6. Public Meeting to consider the final plat for Apple Blossom Phase 2 Bruce Benson, Supervising Planner, described the 34 -lot Phase 2 development of a planned 119 lot, four -phase subdivision located at the intersection of S. 64 and Occidental Avenues. The Master Plat was approved by the County and is vested in the development standards of the County, although it is now within the city limits. The primary difference between the two standards is the City requires sidewalks on both sides of the street. Mayor Edler opened the public hearing. There being no one wishing to speak to this issue, the Mayor closed the public hearing. The Clerk read the Resolution by title, and McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote; Johnson absent. RESOLUTION NO. R -2007- 77, A RESOLUTION approving the final plat of Apple Blossom Phase 2, a 34 -lot subdivision and authorizing the Mayor to sign the final plat CITY MANAGER'S REPORTS 7. Consideration of proposed gang legislation enacted by the City of Sunnyside City Manager Zais gave a brief background on the proposed legislation noting that the ordinance is patterned after the legislation enacted by the City of Sunnyside, which had been patterned after California legislation. Our Legal Department and the Police Chief have reviewed the proposed ordinance and provided input. This is not the only answer; many steps are being taken to address gang violence. He advised that several Council members recently attended a national gang conference in Washington D.C. Cynthia Martinez, Assistant City Attorney, stated that she provided Council with the Sunnyside ordinance, the California state law, and the proposed Washington law for comparison in her memo. Because this legislation is new, it is almost a certainty that there will be litigation. If we were the subject of a civil litigation and were unsuccessful, we could be subject to a costly civil awarthand attorney fees. If the Sunnyside legislation is declared unconstitutional, we would have to deal with that as well if we want to draft legislation. There is a rumor that the ACLU may initiate a lawsuit. Council Member Lover read a statement from Council Member Johnson that supported the enactment of anti -gang legislation. Council members debated the merits of and the need for this legislation, or whether they should work with the state to pass legislation that would be effective statewide. Chief Granato spoke in support of the legislation, stating his officers could use this extra tool to address the gang problems. Mayor Edler commented that he is not sure the state will push gang legislation out of committee. He was in favor of crafting local legislation to address this gang issue. 3 393 JUNE 5, 2007 Mayor:Edler accepted comments from the audience. Elizabeth Figueroa cautioned Council to pass an ordinance that is not too overbroad, as appears to be the case with the Sunnyside legislation. We already have laws that allow the police to arrest people who commit crimes; this ordinance would punish parents of gang members. She agreed we need something, but we need to make it a law that won't be challenged by the ACLU. Dora Trevino circulated a picture of her daughter and Christina Pelayo's son, who were both victims of gang violence. She stated that she and Ms. Pelayo started a "Stop the Violence in Our Community" program. She gave an example of feeling safe with a priest, nurse, teacher, or police; however, she would not approach a gang member with tattoos and gang paraphernalia who look intimidating. That is not profiling. She commented that taxpayers are footing the bill for their medical, court, and social services costs. Howard Campbell, a Viet Nam veteran, stated he rides motorcycles with a club, wearing similar apparel described and they have been pulled over because they looked suspicious to the officer. Just because there are three or more of them, it does not make them a criminal element. Please consider organizations like theirs or a nine -man baseball team, or any fraternal organization wearing the same colors. He wished Council well in coming up with a good tool to eliminate these street crimes. Alex Santillanes, 1407 W. Chestnut Ave., stated that the Governor has created a task force to explore avenues to make a holistic and comprehensive ordinance. He suggested creating an intervention court composed of parents, youth, child protective services, the police, and the juvenile court to help parents because the youth are manipulating the laws that were passed to protect them. He feels fining the parents $1,000 is atrocious. He also suggested working with the ACLU to help craft the legislation, or maybe the City should sue the ACLU for contributing to the delinquency of a minor. Dave Ettl, 315 N. 35 Avenue, stated this ordinance is intended to address the groups that choose to operate outside the law, not focus on motorcyclists or jaywalkers. They need to act with strength and conviction. Even if they enact an ordinance that is not perfect, the citizens would cheer Council for addressing the gang problem. Lynne Kittelson, 305 N. 9 Street, urged Council to look carefully at the California ordinance and steal their great ideas. Brian Laverty, 605 N. 3rd Street, urged Council to write legislation, but make sure they don't have unintended consequences that will hurt legitimate clubs and organizations. They also need to provide youth programs as alternatives for our youth. After further discussion, it was the general consensus of the Council to direct staff to draft an ordinance that would outlaw gangs in Yakima and schedule it on the agenda as soon after June 19 as possible. 8. Report from the Office of Neighborhood Development regarding Public Hygiene Facilities in the Central Business District Bill Cobabe, Office of Neighborhood Development,Manager, referenced his staff report regarding the concept of a downtown hygiene center (public toilet) for use by homeless people in the area. Various alternatives have been investigated and Council direction is being sought. He pointed out that there are legal questions about zoning. 4 394 JUNE 5, 2007 Brian Laverty advised that he has looked into different types of toilets, which could be paid for by business advertisements, or be coin operated. He submitted literature from a Georgia company. Sister Roberta Rorke lives across the street from the original port-a -potty that was removed. She said people had been using her yard to relieve themselves before the port-a -potty was placed and that practice resumed after it was removed. It is a health issue, local businesses do not want to provide restroom facilities for these people, and that fear of attracting drug users and dealers should not prevent this service from being provided to the street people. Drug deals will go down no matter what. Sister Alice St. Hilaire, 508 E. Chestnut, thanked Council for allowing a port -a -potty back into their neighborhood on a temporary basis. She asked that this be allowed until a more permanent solution is in place. Rhonda Hauff, Yakima Neighborhood Health Services, representing the Yakima Homeless Network, said this issue has been around for the 23 years she has worked downtown. Her organization would be willing to partner with the City to address the issue. She noted that in Boston, they call it "outdoor furniture" and use a token system. The need for a public restroom is not limited to the homeless, but also for visitors or during sponsored activities such as the Hot Shots tournaments. The temporary port-a- potty is located on property owned by the First Baptist Church. Mary McDaniels, 905 Walker Street, agreed that there needs to be a facility for the homeless; it is a health and humanity issue. Council Member Bonlender advised that, although the Council Neighborhood Committee reviewed this, they did not agree on a resolution. They had agreed to bring back the port -a -potty for 90 days and see if we could come up with a permanent solution. He thinks a port -a -potty is a permanent solution, at a cost of approximately $60 a month for maintenance. He feels we need to waive the code restriction and consider the downtown facility as an exemption. Council Member Lover reported that he has been receiving complaints about the activities around the port -a -potty and suggested it not be considered for any other area of the city. The Homeless Coalition is working on a solution and he feels we should let them bring a proposal to the Council. Council Member McClure agreed that the 90 -day extension was a good idea and he would like to see a policy that would allow a port-a -potty to be authorized by Council. BONLENDER MOVED AND McCLURE SECONDED TO RATIFY THE COMMITTEE'S DECISION TO LOCATE A PORT -A -POTTY AT THE FIRST BAPTIST PROPERTY LOCATED ADJACENT TO THE ALLEY BEHIND THE GREYHOUND PROPERTY FOR 90 DAYS, AND EXTEND IT FOR ANOTHER 90 DAYS. The motion carried by unanimous voice vote; Johnson absent. 5 395 JUNE5, *9. Consideration of Resolution declaring vehicles to be surplus to the needs of the City of Yakima and the Police Department and authorizing sale of said vehicles RESOLUTION NO. R- 2007 -78, A RESOLUTION declaring a 1999 Ford Taurus VIN# 1 FAFP52SXXG187630; 1998 Honda Accord VIN# 1HGCG5642WA010372; 1997 Dodge Ram pickup VIN# 3B7HF13Y9VG757247; 1995 Dodge Ram pickup VIN# 1 B7HC16Z1 SS134223 to be surplus to the needs of the City of Yakima and the Police Department and authorizing sale of said vehicles by whatever means determined appropriate by the City Manager. *10. Consideration of Resolution declaring two plywood overhead "School Crossing" signs to be surplus and authorizing the transfer to the City of Selah RESOLUTION NO. R -2007- 79, A RESOLUTION declaring two approximately 10 -foot, plywood "School Crossing" signs to be surplus and authorizing its transfer to City of Selah, Public Works Department *11. Consideration of Resolution authorizing execution of Addendum 2 of the engineering and consulting services agreement with Huibregtse, Louman Associates, Inc. associated with the Level 2- Domestic Water System Improvement Project, Contract 2006 -20 RESOLUTION NO. R- 2007 -80, A RESOLUTION authorizing the City Manager to execute Addendum 2 of the engineering and consulting services agreement with, Huibregtse, Louman Associates, Inc. for engineering and consulting services associated with the Level 2 — Domestic Water System Improvement Project, Contract 2006 -20. 12. Consideration of Resolution authorizing execution of contract with Huibregtse Louman Associates for Phase 1 of the Grade Separation Project Council Member Lover had two questions for staff relating to the local match cost and the contract for street paving, which they addressed. He wants staff to determine the feasibility of using the original brick under the pavement, rather than laying imitation brick. Michael Morales, Deputy Director of Community and Economic Development, responded that would add an unknown element to the bid, and drive up the cost of the bid considerably. In addition, a historic review must be performed and has to be accepted by the Federal Transportation Board. (Council Member Johnson present after 8:40 p.m.) LOVER MOVED TO DIRECT STAFF THAT, AS WE DO THE PROJECT, INVESTIGATE THE FEASIBILITY OF RESTORING FRONT STREET FROM YAKIMA AVENUE TO "A" STREET BY USING THE ORIGINAL BRICKS. The motion failed for lack of a second. The City Clerk read the resolution by title;. BONLENDER MOVED AND McCLURE SECONDED TO ADOPT THE RESOLUTION. The motion carried by 6 -1 roll call vote; Lover voting nay. RESOLUTION NO. R- 2007 -81, A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Professional Services Agreement in an amount of $190,356 for construction survey, construction inspection and construction management for Phase 1 of the Railroad Grade Separations Project. 6 396 JUNE 5, 2007 *13. Set Date of Closed Record Public Hearing for June 19, 2007 at 7:00 p.m. to consider the Hearing Examiner's recommendation on a rezone request by Rosemary Holm for property located at 24 South 50 Avenue, 5015 Tieton Drive and the northeast corner of South 51 Avenue and Tieton Drive June 19, 2007 at 7:00 p.m. was set as the date of a Closed Record Public Hearing on a rezone request by Rosemary Holm for property located at 24 south 50 Avenue, 5015 Tieton Drive and the northeast corner of South 51 Avenue and Tieton Drive. *14. Set Dates of Public Hearings for June 19 and July 3, 2007 at 7:00 p.m. to consider: A. Adoption of the Six -Year Transportation Improvement Program for 2008- 2013, and to amend the Metropolitan Transportation Plan B. Amend the Yakima Urban Area Comprehensive Plan Capital Facilities Element to incorporate the adopted Six -Year Transportation Improvement Program RESOLUTION NO. R- 2007 -82, A RESOLUTION fixing the time and place for hearings on June 19 and July 3, 2007 at 7:00 p.m. in the City of Yakima Council Chambers at City Hall on the Six -Year Transportation Improvement Program (STIP) for the period of 2008 through 2013 *15. Set Date of Public Hearing for July 3, 2007 at 7:00 p.m. to consider amending the 2007 Community Development Block Grant (CDBG) Annual Action Plan to provide a CDBG grant to the Whirlpool Corporation July 3, 2007 at 7:00 p.m. was set as the date of public hearing to consider amending the 2007 Community Development Block Grant Annual Action Plan to provide a CDBG grant to the Whirlpool Corporation • ORDINANCES 16. Consideration of Ordinance amending the Yakima Municipal Code regarding taxicab rates Bronson Faul, Legal Department, explained the difference between the two ordinances presented to Council for consideration. One ordinance increases the taxicab rates by a set amount, while the alternate ordinance is tied to an inflation factor and increases the rates automatically. If inflation is 3% or more, there would be a one cent increase; if less than 3 %, there would be no adjustment for that year. If there is a 2.5% increase this year, and a 2.5% increase next year, there would be no increase in year one, but year two would have an increase. He advised that Jerry Patton liked both ordinances, but preferred the one tied to the automatic rate adjustment. McCLURE MOVED AND WHITMAN SECONDED TO ADOPT THE ALTERNATE ORDINANCE THAT ALLOWS AUTOMATED INCREASES. The Clerk read the alternate ordinance by title and the question was called for a vote on the motion. The motion carried by unanimous roll call vote. • ORDINANCE NO. 2007 -27, AN ORDINANCE relating to public safety and morals; relating to taxicab rates; and amending Yakima Municipal Code 5.78.100. 7 397 JUNE5,2007 *17. Consideration of Ordinance approving -the right -of -way vacation, Class (2) and Administrative Adjustment requests by Chesterley Meadows Cottages, LLC for property located in the vicinity of North 35 Avenue and River Road ORDINANCE NO. 2007 -28, AN ORDINANCE concerning land use, planning and right - of -way vacation, approving a Class (2) use, two administrative adjustments, and an environmental review, with conditions, to provide an administrative adjustment for rear setback and sight screening standards; vacating, without conditions, a certain portion of street right -of -way identified as North 35 Avenue between River Road and the existin Chesterley Meadows facility, all on a certain property located in the vicinity of North 35 Avenue and River Road; Justin Baerlocher, on behalf of Chesterley Meadows Cottages, LLC is the applicant herein. *18. Consideration of ordinance extending cable communications franchise granted to Charter Cable ORDINANCE NO. 2007 -28, AN ORDINANCE relating to franchises; amending Subsection 2.2 of Ordinance No. 93 -115, as amended by Ordinances No. 97 -40, No. 98- 30, No. 99 -09, No. 99 -31, No. 2000 -24, and No. 2003 -41; and extending the term of the non - exclusive franchise with Charter Communications Holding Company, LLC, one (1) year, from eighteen (18) years to nineteen (19) years, from the effective date of Ordinance No 93 -115. *19. Consideration of the First Reading of an appropriation amending the 2007 Budget in the Fire Department to purchase grant- funded "KidSmart Vocal Smoke Detectors" An Ordinance amending the 2007 budget and appropriating funds to purchase grant- funded "KidSmart Vocal Smoke Detectors," was read by title only, and laid on the table until June 19, 2007 for a second reading. • 20. Other Business Council Member Bonlender reminded everyone that the cruise down Yakima Avenue to welcome summer will be held on June 16. They are looking for a date for a car cruise for closing the summer. Council Member McClure inquired about the status of staff action on the gang ordinance that they requested to be brought back for review of a draft in three weeks. His concern is that Council will try to refine the ordinance at that time. He would rather have it sent back to the Council Committee, or conduct another study session, before it is brought forward in final form. Council Member Cawley asked if the July 3 Council meeting would need to be postponed due to unavailability of Council members.. (No action was taken to move the meeting date). He also referred a request to the Council Transportation Committee from a citizen who would like the speed limit changed from 20 to 25 mph on 38 Avenue, behind Fisher Golf Course. He said another citizen has requested a review of the one -way designations of Chestnut and "A" Streets. Mayor Edler announced to the public that an aquatic feasibility study will be held on June 12, 13 and 14. He also noted the dedication of Fire Station No. 92 this Friday. He asked the 8 398 JUNE 5, 2007 City Manager to provide Council with an update on the railroad crossings and Tiger Mart priorities at the next Council meeting. - 21. Adjournment McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN THE MEETING TO JUNE 12, 2007 AT 8 :00 A.M. FOR A STUDY SESSION AT THE SOUTHEAST COMMUNITY CENTER REGARDING THE STATUS OF THE BUILDING AND PROGRAMS /SERVICES. The motion carried by unanimous voice vote. The meeting adjourned at 8:58 p.m. 0'. READ AND CERTIFIED ACCURATE BY rV id. , G- I COUNCI i k ' 4 IM / ' DATE COUNCIL s ER V � r` DATE ATTEST: - / // // _ AI CITY CLERK ‘ 1=7 " --- BA D ' — R, MAYOR Minutes prepared by Karen Roberts and Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office I/ 9