HomeMy WebLinkAbout04/06/2010 04A Draft Minutes 03-23-2010 Business MeetingYAKIMA CITY COUNCIL
BUSINESS MEETING
MARCH 23, 2010
COUNCIL CHAMBERS — YAKIMA CITY HALL
5:00 P.M. — EXECUTIVE SESSION
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey,
Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave
Ettl and Bill Lover
Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster
2. Executive Session (one hour):
• Prospective Litigation
• Collective Bargaining
• Complaint brought against a public official
The executive session adjourned at 5:58 p.m.
6:00 P.M. — BUSINESS MEETING
1. Roll Call
Present:
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey,
Council Members Maureen Adkison, Dave Edler, Rick Ensey, Dave
Ettl and Bill Lover
Staff: City Manager Zais, City Attorney Cutter and City Clerk Kloster
County Commissioners: Mike Leita, Rand Elliott and Kevin Bouchey (present from
7:00 to 7:25 p.m.)
2. Invocation /Pledge of Allegiance — Council Member Dave Ettl
Council Member Dave Ettl gave an invocation and led the Pledge of Allegiance.
3. Open Discussion for the Good of the Order
A. Proclamations
• 2010 Census
Mayor Cawley read a proclamation declaring the City's support for the 2010
Census. Mary Place was present to accept the proclamation and gave a phone
number that people can call if they did not receive their census form (509 -737-
6100).
B. Presentations /recognitions /introductions
• Yakima Valley Warriors arena football
MARCH 23, 2010
C. Status reports on prior meeting's citizen service requests
Request from Carole Skolrud for pedestrian safety on 88th Avenue
Bill Cook, Community and Economic Development Director, reviewed the report
and advised that the City's Engineering Division will be meeting with Apple Valley
Elementary School to discuss a solution. He noted there will be a proposal at the
April 6, 2010 City Council meeting recommending this street segment be
included in the City's Six -Year Transportation Improvement Plan to make it
eligible for grant funding.
D. Appointments to Boards, Commissions, and Council Committees
• Community Review Board
Council Nominating Committee Chairman COFFEY MOVED AND ENSEY
SECONDED TO APPOINT BENJAMIN SHOVAL TO THE COMMUNITY
REVIEW BOARD. The motion carried by unanimous voice vote.
4. Consent Agenda
Mayor Cawley referred to the items placed on the Consent Agenda, questioning
whether there were any additions or deletions from either Council members or
citizens present. There were no changes. The City Clerk read the Consent Agenda
items, including resolutions and ordinances by title..COFFEY MOVED AND ENSEY
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. Consideration of approval of Council Meeting Minutes — None
*B. Consideration of approval of Council Committee Meeting Minutes
• Transit- Transportation Committee -- February 10, 2010
• Council Public Safety Committee — February 17,2010
• City /County Intergovernmental Committee — February 23, 2010
• Budget Committee - February 24, 2010
• Economic Development Committee — March 3, 2010
• Neighborhood Development Committee — March 3, 2010
The Council committee meeting minutes were approved.
5. Audience Participation
Dave Tompkins, owner of Northtown Coffee House, received a notice of non-
compliance for a sandwich board placed on the sidewalk in front of his business. He
believes the City ordinance prohibiting sandwich board -signage is unfriendly to the
revitalization of downtown Yakima. He asked Council to reconsider the portion of the
ordinance that addresses sandwich board signs, umbrellas, flowers, plants, etc.
Jim Evans, 4405 Summitview, complained about the lack of response from the City
on the Doty housing project on 45th and Alpine Way. A staff report will be provided at.
the next business meeting.
Candy Turner, 7800 West Mead Avenue, objected to the "Word of the Month —
Tolerance" that is on reader .boards in the city. Council advised her that the School
District is in charge of the word selection and referred her to their board.
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MARCH 23, 2010
Candy Turner, 7800 West Mead Avenue, objected to the "Word of the Month —
Tolerance" that is on reader boards in the city. Council advised her that the School
District is in charge of the word selection and referred her to their board.
Mike Hunnel, 1502 18th Avenue, accused the Council and City staff of discrimination
against the disabled. He asked for restructuring of administrative personnel. He
challenged Council members to spend a week in a wheelchair to get an
understanding of what the handicap go through. He requested a meeting with
Mayor Cawley and Assistant Mayor Coffey to discuss the City's alleged non-
compliance of the ADA law.
Javier Gutierrez, 1004 S. 2nd Avenue., asked if the City still owned Fisher Park
because he did not see it on the Yakima School Board's new design plans for the
Eisenhower High School expansion /reconstruction. Council assured. him the City
still owned the park.
7:00 P.M. — PUBLIC HEARINGS
6. Joint City /County open record public hearing to consider the City of Yakima
Planning Commission's recommendation for amendments to the Yakima
Urban Area Zoning Ordinance (UAZO), Yakima Municipal Code Title 15 and
Yakima County Code 15A
Joan Davenport, Planning Manager, summarized the amendments being proposed.
Mayor Cawley opened the public hearing and with no one coming forward to speak,
closed the public hearing. It was the consensus of Council to add the item to the
April 6th business agenda to allow Council time for further review.
7. Joint open record public hearing to consider the City of Yakima Planning
Commission's recommendation on proposed text amendments to the Yakima
Urban Area Comprehensive Plan and Transportation Plan 2025
Jeff Peters, Assistant Planner, gave historical information on the Yakima mill site
and activity related to creating a redevelopment plan. The proposed amendments to
the Urban Area Comprehensive Plan and Transportation Plan provide a mechanism
and policies that allow the city to receive state funds when public projects are
proposed. The Planning Commission. recommends Council adopt the text
amendments.
• Mayor Cawley opened the public hearing.
Jamie Carmody, attorney, spoke in favor of the proposed text amendments.
• Mayor Cawley closed the public hearing.
The City Clerk read the ordinance by title; EDLER MOVED AND ADKISON
SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll
call vote.
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MARCH 23, 2010
The Commissioners left at 7:25 p.m.
ORDINANCE NO. 2010 -11, AN ORDINANCE concerning comprehensive planning
and amending the City of Yakima's Urban Area Comprehensive Plan 2025 (UACP)
and Yakima Urban Area Transportation Plan 2025 (UATP) as follows: amending the
City's UACP adding a new section titled "Yakima Revenue Development Area
.(YRDA)" within the Land Use Chapter 3 of the UACP describing the formation and
physical characteristics of the YRDA; amendment of the UACP Regional
Commercial future land use designation description to reflect the adoption of the
City's YRDA, and local Infrastructure Financing Tool award, as well as additional
supporting goals and policies; addition of the Yakima Mill Site Proposed LIFT
Program Improvements map to the UACP Land Use Chapter 3; amendment and
adoption of descriptive text and goals and policies to the Economic Development
Chapter 7 of the UACP which support the adoption of the YRDA and. LIFT award;
amendment of Chapter 6 Transportation Systems of the ,UACP adding descriptive
text, policies, and goals which support proposed infrastructure needed to develop
the YRDA; amendment of Chapter 7 Freight Transportation and Economic
Development of the UATP to be consistent with the adoption of the YRDA; and
amendment of appendix "I" of the UATP to include proposed infrastructure
contemplated by development of the YRDA.
8. Second public hearing and consideration of a resolution adopting the Office of
Neighborhood Development Services Citizens Participation Policy
Mayor Cawley opened the public hearing and with no one coming forward to speak,
closed it.
The City Clerk read the resolution by title; EDLER MOVED AND COFFEY
SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll
call vote.
RESOLUTION NO. R- 2010 -34, A RESOLUTION adopting the Citizen Participation
Policy for submittal to the Department of Housing and Urban Development (HUD)
9. Second public hearing on the 2009 Consolidated Annual Performance
. Evaluation Report (CAPER)
It was noted that the document has to be submitted to HUD by April 1, 2010.
Mayor Cawley opened the public hearing and with no one coming forward to speak,
closed it. No action was required beyond holding the public hearing.
South 66th AveRue
APPLICATION WITHDRAWN
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MARCH 23, 2010
11. Public hearing regarding panhandling enforcement
Cynthia Martinez, Senior Assistant City Attorney, clarified that due to a lack of
documented statistics evidencing panhandling that resulted in calls to the police, it
had been suggested that perhaps people were experiencing aggressive panhandling
but not reporting it. This public hearing was called to determine whether there is a
problem that needs to be addressed., Aggressive panhandling is defined as activity
resulting in someone being afraid due to the panhandler's behavior or that caused
people to change their course of action, e.g. not getting out of their car or not going
into a business where there is a panhandler.
• Mayor Cawley opened the public hearing
Dan Kelleher, Executive Director of Committee for Downtown Yakima, said many
downtown merchants are concerned with the increasing panhandling problem. He
suggested restricting panhandling in city parking lots and after dark. Brad Tidrick
spoke about the traffic issues related to people panhandling at intersections or
alongside the road. Candy Turner claimed many of the panhandlers are not
homeless. Mary Jones related an incident with a woman claiming to be homeless
and hungry that she knew definitely was not. Ms. Jones said she is at the point
where she will do her shopping out of town to avoid the panhandlers. Becky St.
John works with some of the mentally disabled panhandlers and emphasized the
need for behavioral education. She recommended panhandlers do community
service as a consequence for their crime.
Brandon Bernais explained that when he tried to report a panhandling experience he
was told that YPD could only take action if they witnessed it. Ruth Simmons said
that the biggest issue is that people don't know what to do in a'threatening situation
and it would be a benefit to educate people on how to handle panhandlers. Dave
Tompkins confirmed that it is an ongoing problem in and around his coffee shop.
James Mead, the general manager of the Olive Garden restaurant, said panhandling
is a nightly issue in the City parking lot behind the restaurant.
Lynn Hardin spoke about how aggressive panhandling is affecting businesses and
citizen's health and safety. They are disrupting traffic, not contributing anything to
the community and are an eyesore. He had a number of suggestions on how to deal
with the problem such as going after them for tax evasion, requiring them to have a
business license and enforcing the license requirement. -He quoted Verlynn Best
who, through research, found that the nationwide average for panhandlers is $18 an
hour. He said they must be required to meet the same standards businesses do.
He suggested they not only be required to have a business license, but also picture
ID with their full name on it so as incidences occur they can be handled by the
process or removed immediately. He suggested forming a citizens committee to
assist with dealing with the panhandling problem.
George Zimmer described his experiences and expressed concern about City
liability if someone gets hurt by a panhandler. Virginia Heether.spoke about the
differences between a "professional panhandler and the truly homeless and needy
Jamie Lee Stickel, Programs Administrator for CDY, also requested something be
done about panhandling in the downtown public parking lots. Joe Mann, a
downtown merchant, said the panhandlers are getting more aggressive and are
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MARCH 23, 2010
scaring customers away. Sean Davido, a downtown employee, shared recent
.experiences with panhandling.
Jamie Stickel, Chair of the Committee for Downtown Yakima, claimed that
panhandlers have become a protected species. The Supreme Courts have said
people have a right to do this, but aggressive panhandling is not allowed. The City
has an ordinance already and has identified aggressive panhandlers. Although we
cannot eliminate it, we can limit it.- He claimed that if we begin taking steps to stop
the panhandling, we can begin to take back the parking lots and pushing the
panhandlers back out to the street where it is legal. Council Member Ettl referred to
three letters he had received and a recent experience his wife had at an ATM.
EDLER MOVED AND ADKISON SECONDED TO DIRECT THE CITY MANAGER
TO BRING BACK OPTIONS FOR COUNCIL REVIEW WITHIN 30 DAYS.. The
motion carried by unanimous roll call vote.
CITY MANAGER'S REPORTS
12. Report.from Police Department regarding crime -free rental housing
Lt. Tom Foley presented a report on the Crime -Free Rental Housing program.
Efforts of the program are four -fold:
1) Education of landlords and property managers. They offer a 12 -hour course.
2) CPTED surveys for property owners. Trained police officers will survey .
property and make suggestions for crime free improvements.
3) Blockwatch
4) Crime free rental housing contact cards.. A contact card is produced every
time an officer responds to a problem at a rental property. It goes to the owner
indicating the nature of the call, where and when.
The contact cards are meant to be an alert to the landlord keeping them apprised on
what is happening at their properties with the idea that they will address the
problems. Since January 2008, 5,500 cards have been mailed. Although it started
slowly, they are now averaging about 350 cards a month. Because there is no way
to identify what properties are rental properties, they are unable to determine what
percentage that is of total rentals in town.
The original plan was to hold landlords accountable for nuisance properties, which
has not worked. Staff is working on a proper nuisance ordinance to give them a tool
to accomplish that. One of the current bills in front the Legislature, HB 2414,
specifically deals with gang activity; but also amends the current landlord tenant law
allowing. the police to initiate the action.
CAWLEY MOVED AND ETTL SECONDED TO ACCEPT THE REPORT. The
motion carried by unanimous voice vote.
MARCH 23, 2010
13. Report from Public Works outlining the process for closure of 23rd Avenue and
Lincoln stairwell
Public Works Director Waarvick suggested a public process might be in order if it
was Council's desire to either restrict or close off access on the pathway from 23rd
Avenue to Lincoln. Assistant Mayor Coffey suggested the Public Safety Committee
review the situation and come back with a recommendation which she would expect
to include a public process.
14. Consideration of a recommendation from the Council Economic Development
Committee for a resolution establishing policy for evaluation of requests for
sewer service outside the city limits within the urban growth area
Bill Cook, Community and Economic Development Director, noted that this subject
has been discussed in both the Economic Development and Intergovernmental
Committees at which Commissioner Leita suggested we were getting ahead of
earlier communication about amending the 4 -party agreement. Staff has been trying
to bring forward clarity on what was thought to be the direction to refocus attention
and assets to fill gaps in the inner -city as the first priority and, secondarily, to restore
the City's control of deciding where /when and under what circumstances city sewer
would be provided outside city limits. They are now asking for Council direction.
Council Member Adkison, speaking for the Economic Development Committee, said
they had heard that building permits were being given outside the city limits without
the city having some prior recommendation about the wastewater and, as a result,
we were coming in after the areas were developed.
City Manager Zais noted that this is a sensitive city /county issue and we are trying to
work through an awkward time in the aftermath of the Commissioner's withdrawal of
the Regional Planning Commission. We are trying to create a policy that will work
for us while engaged in a broader discussion about municipal services in the future.
At the same time, we are dealing with the challenge to reach commonality of
development standards. He also referred to the request by the County for an
annexation moratorium, which the Council declined. After giving details of activity to
date, Mr. Zais clarified that what is for Council consideration tonight is the policy
discussed previously that responds to the County's request for legal authority. He
also noted that for the first time, the County's legal counsel is involved and agreed to
draft a clarifying legal opinion for County policy to be followed with respect to our
current practice. Mr. Zais respectfully suggested not acting on this until the County's
legal clarification is received. Council Member Ettl suggested that, in lieu of the
attorney's documents, we continue to operate like everything is still in place. He
reminded everyone that in November /December 2009, we talked about slowing
down the process until we had a handle on this. ETTL MOVED AND EDLER
SECONDED TO DEFER ACTION ON THE RESOLUTION PENDING FURTHER
DISCUSSION WITH THE COUNTY. The motion carried by unanimous voice vote.
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MARCH 23, 2010
*15. Consideration of the 4th quarter treasury report from the Finance Department
The treasury report was accepted.
*16. Consideration of a Resolution establishing a vendor list for the City of Yakima
for purchases of materials, equipment, supplies or services'
RESOLUTION NO. R- 2010 -35, A RESOLUTION establishing a vendor list for the
purchase of materials, equipment, supplies or services.
*17. Consideration of a resolution authorizing execution of a professional services
agreement with Landau Associates for geotechnical and environmental
support services related to the former landfill site
RESOLUTION NO. R- 2010 -36, A RESOLUTION authorizing the City Manager to.
sign a Professional Services Agreement with Landau Associates to provide
geotechnical and environmental services to provide evaluation of potential
redevelopment options for the former City landfill and coordinate its analysis with
SLR International (SLR) in the recommendations SLR is making for clean -up of the
landfill site in its remedial investigation /feasibility study (RIFS) pursuant to the Model
Toxics Control Act ( "Toxics Control Act ") RCW 70.105D and other applicable law.
*18. Consideration of a resolution authorizing signatures for grant applications,
filing annual certifications and assurances and executing grants with the
Federal Transit Administration
RESOLUTION NO. R- 2010 -37, A RESOLUTION authorizing the filing of
applications with the Federal Transit Administration, an operating administration of
the United States Department of Transportation, for Federal transportation
assistance authorized by 49 U. S. C. Ch. 53, 23 U.S.C., and other Federal statutes
administered by the Federal Transit Administration.
*19. Consideration of a resolution adopting the Yakima County. Solid and Moderate
Risk Waste Management Plan and amend the City of Yakima comprehensive
plan
RESOLUTION NO. 2010 -38, A RESOLUTION adopting the Yakima County Solid
and Moderate Risk Waste Management Plan Update, dated January 2010.
*20. Consideration of a resolution authorizing execution of a purchase agreement
using federal HOME funds for the acquisition of property located at 1405 West
Lincoln Avenue
RESOLUTION NO. R- 2010 -39, A RESOLUTION authorizing the City Manager to
sign a purchase agreement for the acquisition of property located at 1405 West
Lincoln Avenue.
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MARCH 23, 2010
*21. Consideration of a resolution authorizing execution of renewal of the lease
agreement with the Yakima Airport for.the police substation
RESOLUTION NO. R- 2010 -40, A RESOLUTION authorizing and directing the City
Manager to execute a Lease between the City of Yakima and Yakima Air Terminal -
McAllister Field for Police Department work space.
*22. Consideration of a resolution authorizing amendments to the agreements with
the State of Washington and Kraft Consulting to extend the Greater Yakima
Valley Health Marriage and Responsible Fatherhood program
RESOLUTION NO. R- 2010 -41, A RESOLUTION authorizing and directing the City
Manager of the City of Yakima to amend the Agreement with the State of
Washington Department of Social and Health Services, and the Professional
Services Agreement with Kraft Consulting, to extend the Greater Yakima Valley
Health Marriage and Responsible Fatherhood Program.
*23. Set date of open record public hearing for April 6, 2010 to consider the .
Hearing Examiner's recommendation to vacate a portion of an alleyway in the
vicinity of Chestnut Avenue and 8th Street
April 6, 2010 was set as the date of open record public hearing to consider the
Hearing Examiner's recommendation to vacate a portion of an alleyway in the
vicinity of Chestnut Avenue and*8th Street.
ORDINANCES
*24. Second reading of an Ordinance amending the 2010 Budget for 2009 Year -End
Encumbrances
ORDINANCE NO. 2010 -12,. AN ORDINANCE amending the 2010 budget for the
City of Yakima; and making appropriations for 2009 Year -End Encumbrances from
unappropriated fund balances within various funds for expenditure during 2010.
*25. Second reading of an Ordinance Amending the 2010 Budget and making an
appropriation in the 331 - Parks .& Recreation Capital Fund for computer
replacement at the Harman Center
ORDINANCE NO. 2010 -13, AN ORDINANCE amending the 2010 budget for the
City of Yakima; and making appropriations of $25,536 within the 331 - Parks &
Recreation Capital Fund for expenditure during 2010 to provide replacement
computers at the Harman Center.
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MARCH 23, 2010
*26.. Consideration of an Ordinance amending Yakima Municipal Code Chapter 1.92
adding the requirement that City- appointed members of the Yakima Air Terminal
Board are city residents
ORDINANCE NO. 2010 -14, AN ORDINANCE amending the Yakima Municipal Code
to provide that members of the Yakima Air Terminal Board appointed by the City
shall be residents of the City and adding that requirement to Chapter 1.92, Yakima
Air Terminal, and specifically section 1.92.010.
*27. Consideration of an Ordinance amending Yakima Municipal Code Chapter 1.35
adding the requirement that members of the Parks and Recreation
Commission are city residents
- ORDINANCE NO. 2010 -15, AN ORDINANCE amending the Yakima Municipal Code
to provide that members of the Parks and Recreation Commission shall all be
residents of the City and adding that requirement to Chapter 1.35, Park and
Recreation Commission, and specifically section 1.35.010.
28. Other Business
The Council congratulated City Clerk Kloster on receiving the Certified Municipal
Clerk (CMC) designation.
29. Adjournment
EDLER MOVED AND COFFEY SECONDED TO ADJOURN TO MARCH 30, 2010
AT 9:00 A.M. IN CITY HALL COUNCIL CHAMBERS FOR A STUDY SESSION
REGARDING CHRONIC NUISANCE PROPERTY ORDINANCE AND
DISCUSSION REGARDING STANDING COUNCIL MEETINGS. The motion
carried by unanimous voice vote. The meeting adjourned at 9 :22 p.m,
READ AND CERTIFIED ACCURATE BY
ATTEST:
CITY CLERK
COUNCIL MEMBER DATE
COUNCIL MEMBER DATE,
MICAH CAWLEY, 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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