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.
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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
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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
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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.
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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.
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SEPTEMBER 1, 2009
READ AND CERTIFIED ACCURATE BY
ATTEST:
CITY CLERK
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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
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