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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. 2 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. 3 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 rd 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 5 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. 7 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. (-i 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. 0 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 10