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HomeMy WebLinkAbout10/06/2009 04A Draft Minutes 09-01-2009 Business MeetingSYAKIMA CITY COUNCIL BUSINESS MEETING SEPTEMBER 1, 2009 COUNCIL CHAMBERS — YAKIMA CITY HALL 6:00 P.M. 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council Members Maureen Adkison, Kathy Coffey, Rick Ensey, Bill Lover, and Sonia Rodriguez Staff: City Manager Zais, City Attorney Cutter and City Clerk Moore 2. Invocation /Pledge of Allegiance — Mayor Dave Edler Mayor Edler gave an invocation and led the Pledge of Allegiance. 3. Open Discussion for the Good of the Order A. Proclamations - None B. Presentations /recognitions /introductions — None . C. Status report.on prior meeting's citizen service requests • Property complaints at 44"' and 45"' Avenues /Doty development Bill Cook, Community and Economic Director, reviewed actions taken to date. From a code enforcement standpoint, there are two out-of-the-ordinary things the City could do; 1) offer to purchase one or more homes and resell for homeownership or rental, and 2) declare a blighted condition and initiate a condemnation process on one or more properties. The bigger problem is the current market. The subdivision and all utilities are in excellent condition. It is estimated that the nine vacant lots are worth approximately$45,000 each. The surrounding neighborhood is healthy and ideally located. The property taxes on all but two of the lots are current. Developers and contractors have shown interest, but.have left in frustration when they discovered the litigation and liens prohibiting a clear title. The City has a small lien, but the most significant number of liens, perhaps in excess of $100,000, is a result of IRS tax liens, L &I liens, and lawsuits between private parties who invested in the project. Ken Harper, counsel for the City, spoke about the two options. A good portion of what is seen at the site is lawful use of private property. It has aesthetic differences from the surrounding neighborhoods, but there is no specific option the City can pursue from a legal perspective to address what the public may view as aesthetic limitations of the site. Although the market may recognize that the vacant properties have potential, interest in purchasing is unlikely due to weeds and debris on the lots. If some of the other un -built parcels could be developed consistent with the neighborhood, it could exert market influence on the occupied ones. There may be an opportunity for the City to acquire properties, and they can evaluate imminent domain (condemnation) action. Although not very palatable, there is authority to declare the property as blighted. 'A blight is defined to exist if there is a dwelling that hasn't been occupied for a year or more, there is a substantial threat to public safety or welfare as determined by the executive authority of the City, or if it has been associated with illegal drug activity in the previous SEPTEMBER 1, 2009 twelve months. Two of those three issues must be met. Action has not been taken to develop evidence to support that. It would be a major policy choice of the City Council to initiate imminent domain proceedings. If that was pursued, it is most applicable to the property at 4408 Alpine Way, the boarded structure. There is no graffiti on it, there is no debris nearby, and it isn't obvious that it fits the threat to public safety. We would need to see if the police have any history on it. Blight is normally focused on properties with structures, not on vacant land. Because of the extent of the liens, it is going to be very difficult, and unlikely, to see a private developer willing to buy the property until the title is cleared. There are no other plausible options at this time. Jean Crawford, 2 N 40' Avenue, thanked the City for gathering material to answer their previous questions, but what she really wants is for something to be done. Jim Evans, 4405 Summitview, asked for copies of specific permits and reports related to the project. He complained about weeds not being mitigated and blames Memorial Hospital and the City for the condition of the. project. Bill Bosch, 116 Yakima Avenue, claimed that if the project had gone through the public hearing process rather than through a short plat process, there would not have been a problem. He stated that, although the process used was probably legal, he felt it was not ethical. He asked the Council to assign is the City Manager to work�with Memorial Hospital to develop a long -term solution to the problem. When asked what Memorial Hospital's liability is on the project, Mr. Harper responded that it doesn't appear they have any liability at this time. Council Member Lover suggested approaching someone at the Legislature for help with the government agency liens. CAWLEY MOVED AND COFFEY SECONDED TO REFER THE ISSUE TO THE ECONOMIC DEVELOPMENT COMMITTEE AND KEEP IT ON THEIR AGENDA, AND BEFORE THE CITY COUNCIL, UNTIL A SOLUTION IS FOUND AND TO DIRECT KEN HARPER TO FURTHER EVALUATE THE FEASIBIILTY OF IMMINENT DOMAIN ACTION ON 4408 ALPINE WAY. The motion carried by unanimous voice vote. D. Appointments to Boards, Commissionsand Council Committees • Southeast Community Center Advisory Board —David Purcell CAWLEY MOVED AND ADKISON SECONDED TO APPOINT DAVE PURCELL TO THE SOUTHEAST COMMUNITY CENTER ADVISORY BOARD. The motion carried by unanimous voice vote. 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. 17 was removed from the Consent Agenda. The City Clerk read the Consent Agenda items, including resolutions and ordinances by title. CAWLEY MOVED AND COFFEY SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. 2 SEPTEMBER 1, 2009 (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Consideration of approval of Council Minutes • Business meeting —August 18, 2009 The minutes of the August 18, 2009, Business meeting 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 • Council Rules and Procedures Committee — August 17 and August 25, 2009 • Boards and Commissions Appointing Committee — August 27, 2009 The Council Committee meeting minutes were approved. 4. Audience Participation • With regard to the Aquatic Center, Connie Little requested: 1) Resolution of the fire danger at the Boise Cascade Mill site, and 2) Council make a site selection between the mill site and Kiwanis Park site. She stated her preference is the Kiwanis Park site. • Maryann Lockhart and Deanna Pemberton submitted a list of addresses they think have unauthorized businesses and environmental problems that they would'like Code Enforcement to look into. Mayor Edler called for a brief break at 6:51 p.m. and reconvened the meeting at 7:00 p.m. for the public hearings. 7:00 P.M. — PUBLIC HEARINGS 6. Public hearing on Initiative 1033 • Mayor Edler opened the public hearing. Tim Eyman encouraged the public to vote in favor of 1 -1033 and noted that 315,000 citizens signed the petition to have it put on the November ballot. The goal of the initiative is to determine who should decide how fast government should grow. If passed, it would limit the public sector growth to the same rate as the private sector unless voters approve a larger increase. He referenced 1 -601, which he claimed put reasonable limits on government's fiscal policies. He explained that any excess revenue collected above the limit would be refunded to taxpayers via lower property taxes. Rob Sherwood, 213 Park Avenue, asked the City to provide information as to what the financial impact would be on the City if the initiative passed. He also expressed concern that it could actually impose a bigger burden by negatively impacting community services provided thro ugh revenues, e.g. education, safety and emergency services. Will the cost to those services result in a net loss and cause an increased necessity for special levies? City Manager Zais responded 3 SEPTEMBER 1, 2009 that the City should prepare an impact. statement. He also commented that the other side of this issue is there are state - mandated expenditures that we cannot ` control. That needs attention at the state level or by initiative. Mary Place also suggested to Mr. Eyman that he could better help Yakima taxpayers, small businesses, cities, and counties, by going after the restructure rules and regulations that we have to follow and that drive expenses up. Mr. Eyman's response was that there never has been an effort by elected officials to actually reduce property taxes. He stated that if elected officials have no control on how fast the government grows, something has to be done. It is completely unsustainable for taxpayers to fund something we have no control over. •- Mayor Edler closed the public hearing. CITY MANAGER'S REPORTS 7. Consideration of Report from the Council Rules and Procedures Committee regarding a proposed Council Code of Ethics resolution Assistant City Attorney Mitchell gave an overview of the proposed Council Code of Ethics that had been crafted through the Rules and Procedures Committee. He noted that they had decided to have the Council themselves fill the "gate- keeper" function. They also included a provision to deal with harassment complaints. The City Clerk read the resolution by title; CAWLEY MOVED AND RODRIGUEZ SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION R- 2009 -119, A RESOLUTION adopting a Code of Ethics for Yakima City Council Members to promulgate principles of ethical conduct providing for high standards of conduct in order to maintain the public trust. 8. Consideration of a Resolution authorizing execution of an agreement with the City of Union Gap to provide fire ladder truck services Fire Chief Hines explained that due to current economic challenges, this is an option to pool and share resources with neighboring fire departments. It is referred to as "automatic aid" and results in the closest fire apparatus being sent to the emergency, regardless of city boundaries. The City Clerk read the resolution by'title; CAWLEY MOVED AND RODRIGUEZ SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2009 -120, A RESOLUTION authorizing the execution of an Inter -local Agreement between the City of Yakima and the City of Union Gap to provide fire ladder truck services. 9. Consideration of a Resolution authorizing execution and submittal of a planning grant application to the Yakima County Supporting Investments in Economic Diversification (SIED) fund for the Yakima Sawmill . 41 Michael Morales, Deputy Director of Community and Economic Development, explained that this is an opportunity to secure funding by a Yakima County SIED 4 SEPTEMBER 1, 2009 planning grant to help with the next stage at the Yakima sawmill site. The first item will be the Phase 2 Traffic Analysis related to improvements to the 1 -82 and U.S. 12 State Highway System. The City Clerk read the resolution by title; CAWLEY MOVED AND COFFEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R -2009 -121, A RESOLUTION authorizing the City Manager to execute and submit a planning grant application and related documents in the amount of $50,000 to the Yakima County Supporting Investments in Economic Diversification fund for transportation and public facilities planning related to the Yakima Sawmill Redevelopment Area.. *10. Consideration of a Resolution authorizing execution of a contract with Yakima Valley Conference of Governments to perform the Phase 2 Traffic Analysis related to improvements to the 1 -82 and U.S. 12 State Highway System in the vicinity of the "Yakima Mill Development District" and Terrace Heights Way Corridor RESOLUTION NO. R -2009 -122, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract with the Yakima Valley Conference of Governments to manage and perform the Phase 2 Traffic Analysis related to improvements to the I -82 and U.S. 12 State Highway System in the vicinity of the "Yakima Resources Development District" including traffic demands in an amount not to exceed $51,000. *11. Consideration of a final contract payment for Gardner Park Well The report from the City Engineer, dated August 14, 2009, with respect to the completion of the work on the Gardner Park Well, City Project No. WA2132, performed by Layne Christensen Company, was approved, the work accepted and payment of the final estimates as therein set forth was authorized. *12. Consideration of a Resolution authorizing execution of a contract for the purpose of installation of a sprinkler system, top soil and grass sod at 602 and 604 Fair Avenue RESOLUTION NO. R -2009 -1231 A RESOLUTION authorizing the City Manager to execute a contract for the purpose of installation of a sprinkler system, top soil, and grass (sod) at the intersection of Beech Street and Fair Avenue (602 and 604 Fair Avenue). *13. Consideration of a Resolution authorizing execution of applications, certifications and agreements for a grant from the Washington State Public Works Board Urban Vitality Grant Program to complete construction of the "A" Street Corridor as part of the Downtown Futures Initiative RESOLUTION NO. R -2009 -124, A RESOLUTION authorizing the City Manager to execute applications, certifications and agreements pursuant to an application for a grant from the Washington State Public Works Board Urban Vitality Grant Program, in the amount of $750,000 to complete construction of the "A" Street Corridor as part of the Downtown Futures Initiative. 5 SEPTEMBER 1, 2009 *14. Consideration of a Resolution authorizing sole source procurement between the City of Yakima and BioBagUSA for the purchase of Biodegradable Leaf Bags RESOLUTION NO.. R- 2009 -125, A RESOLUTION authorizing the purchase of biodegradable leaf bags from BioBagUSA to be used for the 2009 Fall Leaf Program, as a Sole Source purchase without calling for bids. *15: Set Date of Open Record Public Hearing for September 15, 2009, to consider the Development Agreement for a 66 -lot Master Planned Development by Toscanna LLC September 15, 2009, was set as the date of an open record public hearing to consider the Development Agreement for a Master Planned Development by Toscanna LLC located in the vicinity of Castlevale Road and Seattle Slew Run. . *16. Set Date of Closed Record Public Hearing for October 6, 2009 to consider the Hearing Examiner's recommendation for changes in land uses (rezones) and the concurrent Regional Planning Commission's recommendation for amendments to the City's Comprehensive Plan Future Land Use Map October 6, 2009, was set as the date of closed record public hearing to consider the Hearing Examiner's recommendation for changes in land uses (rezones) and the concurrent Regional Planning Commission's recommendation for amendments to the City's Comprehensive Plan Future Land Use Map. ORDINANCES 17. Consideration of an ordinance relating to possession of firearms in Tahoma Cemetery; and amending Yakima Municipal Code Section 7.04.090 to conform and be consistent with the Revised Code of Washington Council Member Cawley questioned why this ordinance addressed only the cemetery and not the parks. Bronson Faul, Assistant City Attorney, responded that the ordinance addressing parks was passed by Council a few weeks ago. He also advised that there are new signs being created to remove all the language about firearm prohibition. The City Clerk read the ordinance by title only; CAWLEY MOVED AND ENSEY SECONDED TO ADOPT THE ORDINANCE. The motion carried by unanimous roll call vote.. ORDINANCE NO. 2009-41, AN ORDINANCE relating to public services; relating to possession of firearms in the Tahoma Cemetery; and amending Yakima Municipal Code Section 7.04.090. 18. Other Business o Mayor Edler asked about dealing with increased panhandling at different locations of the city. City Attorney Cutter advised that panhandling is not currently illegal unless it is aggressive. If it is, it should be reported to the police for action. C: SEPTEMBER 1, 2009 • City Manager Zais announced that the Council would adjourn to Executive Session for approximately 15 minutes to consider complaints against a public official and pending litigation relating to the subject. CAWLEY MOVED AND COFFEY SECONDED TO ADJOURN TO EXECUTIVE SESSION FOR FIFTEEN MINUTES AND TO RECONVENE INTO PUBLIC SESSION IMMEDIATELYFOLLOW/NG. The motion carried by unanimous voice vote. • Adjourned to Executive Session at 7:46 p.m. 18A. EXECUTIVE SESSION was held. The meeting reconvened at 8:10 p.m. CAWLEY MOVED AND LOVER SECONDED TO HAVE THE COUNCIL APPROVE REPRESENTATION OF ENSEY IN THE RECALL ACTION AND HAVE THE CITY PAY FOR THOSE LEGAL COSTS. City Attorney Cutter explained that when there has been a petition for recall the statute provides a specific opportunity for the council member(s) subject to the recall effort to request the legal expenses they may have to endure be provided by the city with the approval of the majority of the council and approval of the city attorney. It will be outside representation as the city, by statute, is not permitted to provide representation through the city attorney's office. Council comments:. Cawley - Stated that he feels it is what is expected as a protection when you put yourself out there as an elected official. He expressed frustration on where he thinks the recall effort is coming from and how one person is being singled out. Lover - Commented that any one of the Council members could find themselves in a similar situation, and believes there should be an understanding and a moral obligation to give representation. Coffey - Said she will support the motion because of her involvement and she believes there was no intent to break the open public meetings act or do anything related to misfeasance or malfeasance. Edler — Said he will vote against the motion. He thinks it is partisan politics and an ongoing feud looking for center stage during a contentious election period. As such, it is something the citizens of Yakima should not have to pay for. Rodriguez — Pointed out that it is the citizens who will pay for this. She will be voting against the motion because they don't know how much it is going to cost, there is no up -front agreement, whether Council Member Ensey is willing to pay part of the cost, or should there be a cap on expenses. The motion carried by a vote of 4 -2; Edler and Rodriguez voting no. The City Attorney said he would concur with the majority. 19. Adjournment CAWLEY MOVED AND ADKISON SECONDED TO ADJOURN TO SEPTEMBER 15, 2009 AT 12:00 NOON AT THE CONVENTION CENTER FOR AN EXECUTIVE SESSION REGARDING THE CITYMANAGER'S ANNUAL REVIEW. The motion carried by unanimous voice vote. The meeting adjourned at 8:23 p.m. 7 SEPTEMBER 1, 2009 READ AND CERTIFIED ACCURATE BY ATTEST: CITY CLERK u COUNCIL MEMBER DATE COUNCIL MEMBER DATE DAVID EDLER, MAYOR Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office u 0